(a) “City” means the City of Toledo, a municipality of the State of Ohio having home rule authority pursuant to Article XVIII of the Constitution of the State of Ohio and, where consistent with the context, its agencies, divisions, boards, bureaus, officers and employees.
(b) “Competent Authority” means any governmental body or forum vested by law with authority to do the act or to make the order, rule or regulation involved, including the authority to authorize a Person to be a Provider. The City shall constitute Competent Authority to the extent it has legal authority.
(c) “Electric Distribution Company” means any Person authorized by the PUCO to operate and maintain an electric energy distribution system for light, heat, or power purposes within the City.
(d) “Electric Service Company” means any Person, without electric distribution and transmission wires, that is engaged in the business of providing electric service to consumers or ultimate users in the City excluding an Electric Distribution Company as defined herein.
(e) “Electric Service and Safety Standards” means the standards adopted by the Public Utilities Commission of Ohio and codified in Chapter 4901:1-10 of the Ohio Administrative Code.
(f) “Person” includes an individual, corporation, company, copartnership, association, or joint venture.
(g) “Provide Electric Energy” or “Providing Electric Energy” means to use, maintain and operate or lease Utility Facilities and/or to produce, generate, purchase, transmit, distribute, sell, advertise, and promote the use or sale of electric energy in Toledo, and to direct, administer, supervise, conduct and account for all of the same.
(h) “Provider” means any Person, Electric Distribution Company or Electric Service Company providing electric energy within the City of Toledo.
(i) “Provision of Electric Energy” means the act or result of Providing Electric Energy as defined herein.
(j) “Public Ways or Property” means the surface, the air space above the surface and the area below the surface of any right-of-way and public street and any avenue, highway, lane, path, alley, sidewalk, boulevard, drive, bridge, tunnel, park, parkway, viaduct, waterway or other public right-of-way and all property owned, controlled or leased by the City including public utility easements or rights-of-way in which the City has jurisdiction, and any temporary or permanent fixtures or improvements located thereon now or hereafter held by the City in which the City holds rights sufficient, without consent of any other party, to permit the Provider the use thereof for the purpose of installing or maintaining Utility Facilities.
(k) “PUCO” means the Public Utilities Commission of Ohio or its successors.
(l) “Utility Facilities” includes all plant, property, land, structures, equipment, materials and supplies, used in or useful for the production, generation, purchase, transmission, distribution or sale of electric energy in Toledo whether or not such facilities are located within Toledo and whether owned or held by the Electric Distribution Company or Electric Service Company under lease, license, contract, joint use or joint ownership agreement or claim of right.
(Ord. 1038-98. Passed 9-29-98.)