For the purpose of this chapter, the following terms, phrases, words, and their derivations shall have the meanings as set forth herein. When not inconsistent with the context, words in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The words "shall" and "will" are mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meanings. References hereafter to "Sections" are, unless otherwise specified, references to Sections in this chapter. Defined terms remain defined terms whether or not capitalized.
(a) "Certificate of Registration" means a document issued by the City to a Utility Service Provider required before any element of its Utility System is permitted to be located in the City public Right of Way.
(b) "Element" means any tangible thing located in the public Right of Way that is part of a Utility System.
(c) "Facility" or "Facilities" means any tangible thing located in the public Right of Way that is part of a Utility System.
(d) "Person" means any natural or corporate person, business association, or other business entity, including, but not limited to, a partnership, a sole proprietorship, a political subdivision, a public or private agency of any kind, a utility, a successor or assign of any of the foregoing, or any other legal entity.
(e) "Provider" means a Utility Service Provider.
(f) "Public Right(s) of Way" or "Right of Way" means the surface and space in, on, above, within, over, below, under or through any real property in which the City has an interest in law or equity, whether held in fee, or other estate or interest, or as a trustee for the public, including, but not limited to, any public street, boulevard, road, highway, freeway, lane, alley, court, sidewalk, parkway, river, tunnel, viaduct, bridge, conduit or any other place, area, or real property owned by or under the legal or equitable control of the City that, consistent with the purposes for which it was dedicated, may be used for the purposes of constructing, operating, repairing or replacing a public or private Utility System. Public Right of Way shall not include a public building, public park, or other public property or easement that has not been dedicated to a compatible use, except to the extent that the use or occupation of such property is specifically granted in a permit or approved by law.
(g) "Revocable Street Privilege Permit" means the permit for special licenses and privileges that must be obtained from the City Manager pursuant to Codified Ordinance Chapter 1020, et seq., which is entitled "Construction, Use and Improvement of Public Ways" and to this chapter of the Codified Ordinances.
(h) "System" means a Utility System.
(i) "Utility Service Provider" means a person that owns, operates, or controls a Utility System.
(j) "Utility System" means a functionally related group of facilities or elements that deliver a service, such as, but not limited to, water, sanitary sewage collection, storm water collection, gas, fuel, heat, steam, electricity, electric powered trolley bus, electric powered light or heavy rail transit, telephone, integrated service digital network (ISDN), cellular telephone, personal communication services (PCS), competitive access providers (CAPs) or competitive local exchange carriers (CLECs) that provide telephone service, paging and signaling systems, satellite phone service, radio, television, cable television, digital television (DTV), video, open video services (OVS), video ready access devises (VRAD), wireless television systems, direct broadcast satellite (DBS) video systems, telecommunications, data transmission, fiber optic network information transmission, private fiber optic data transmission lines between buildings, computer interconnection, roadway traffic signal interconnection, internet computer access, including e-mail communications, public transportation, water transportation and storm or sanitary sewer transportation.
(Ord. 08-22. Passed 7-3-08.)