For purposes of this Chapter, the following terms, phrases, words, and their derivations shall have the meanings given herein. When not inconsistent with the context, words used 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. All capitalized terms used in the definition of any other term shall have their meaning as defined in this Section 902.02. The words "shall" and "will" are mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning.
(a) "Applicant" means any Person applying for a Permit hereunder.
(b) ''Approved" means approval by the City pursuant to this Chapter or any Regulations adopted hereunder.
(c) "Best Efforts" means the best reasonable efforts under the circumstances, taking into consideration, among other appropriate matters, safety, expedition, available technology and human resources and cost.
(d) "Chapter" or "this Chapter" means this Chapter 902 of the Codified Ordinances of the City, as amended from time to time and any Regulations adopted hereunder.
(e) "City" means The City of Springfield, Ohio, or, as appropriate in the case of specific provisions of this Chapter, any board, bureau, authority, agency, commission, department of, or any other entity of or acting on behalf of The City of Springfield, Ohio or any officer, official, employee. representative or agent thereof the designee of any of the foregoing, or any successor thereto.
(f) "Commission" means the City Commission of the City.
(g) "De Minimis Uses" shall mean use of right-of-way for mailboxes. decorative purposes, curb cuts, driveways, irrigation systems and pipes, laterals or lines connecting a property with the distribution/accumulation mains, pipes or lines of a Public Utility.
(h) "Distribution/accumulation" mains, pipes or lines means Public Utility mains, pipes or lines used to distribute services or product to or to collect sewerage or communications from multiple properties served by the Public Utility.
(i) ''Force Majeure'' means strikes, acts of God, acts of public enemies, riots, epidemics, landslides, lightning, earthquakes, fires, tornadoes, storms, floods, civil disturbances, explosions, orders of any kind of a government of the United States of America or of the State of Ohio or any of their departments, of their agencies or of their political subdivisions, partial or entire failure of utilities or any other cause or event not reasonably within the control of the disabled party, but only to the extent the disabled party notifies the other party as soon as practicable regarding such Force Majeure and then for only so long as and to the extent that the Force Majeure prevents compliance or causes non-compliance with the provisions hereof.
(j) "Franchise" means the nonexclusive right granted by the City Commission pursuant to the Constitution and laws of Ohio, of the United States and pursuant to Article XI of the City's Charter to construct and operate a public utility in the right-of-way and public grounds of the City.
(k) "Permit" means the nonexclusive grant of a license and privilege to use or occupy all or a portion of City's right-of-way granted pursuant to this Chapter.
(l) "Permittee'' means any person issued a Permit pursuant to this Chapter to use or occupy all or a portion of the right-of-way in accordance with the provisions of this Chapter and said Permit.
(m) "Person" means any natural person or any association, firm, partnership, limited liability company, trust, joint venture, corporation or other legally recognized entity, whether for-profit or not-for-profit.
(n) "Public Property" means any real property owned by the City, other than a right-of-way as defined in the first sentence of Subsection 902.02(r).
(o) "Public Utility" means any entity which provides essential products or services to the public with the characteristic of service to, or readiness to serve, an indefinite public which has a legal right to demand and receive the entity's products or services and which conducts its operations in such a manner as to be a matter of public concern [See, A & B Refuse Disposers, Inc. v. Board of Ravenna Township Trustees (1992), 64 Ohio State 3d 385].
(p) "Regulation" means any rule adopted by and pursuant to the authority of this Chapter.
(q) "Right-of-way" means the surface of and the space above and below any public street, public road, public highway, public freeway, public lane, public path, public way, public alley, public court, public sidewalk, public boulevard, public parkway, public drive or any public easement or right-of-way now or hereafter held by the City. Right-of-way shall also include Public Property.
(r) "Service Director" means the City of Springfield Service Director or designee.
(s) "Telecommunications" means the technology of communication by electronic transmission of impulses, transmission of impulses by light energy or transmission by electromagnetic wave.