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For the purpose of these Codified Ordinances, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AND. May be read OR, and OR may be read AND, if the sense requires it.
ANOTHER. When used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property.
BOND. Includes an undertaking.
CHARITABLE ORGANIZATION. The same as in Ohio R.C. 2915.01(H).
(Ord. 06-45, passed 7-13-2006)
CHILD. Includes child by adoption.
CITY. The City of Xenia, Ohio.
CITY COMMISSION AND COUNCIL. The legislative authority of the municipality.
COMMUNITY FUNDING. Contributions made to Xenia non-profit or charitable organizations by City Council from the general operating budget.
(Ord. 06-45, passed 7-13-2006)
CONCEPTUAL DOCUMENTS. The drawings and specifications and/or other graphic or written materials, criteria and information concerning the city’s requirements for the public improvement project, such as design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, including those items enumerated in the request for proposals which show or describe the character and scope of, or relate to, the work to be performed or furnished and which have been prepared by or for the city.
COUNTY. Greene County, Ohio.
DESIGN-BUILD CONTRACT. Any written agreement involving a project delivery system for the erection, alteration, repair, replacement, renovation, installation or demolition of any public improvement project by which an entity is responsible contractually to the city for design, construction, and other related services required for the implementation of the public improvement project.
DESIGN/BUILDER. An entity that furnishes the necessary design, construction, and related services under a design-build contract, whether by itself or through contractual arrangements.
ENTITY. An individual, a firm, a partnership, a limited liability company, a joint venture, an association, a corporation or other legal person licensed to provide the services in Ohio.
EXCESSIVE PRICE. A price that exceeds by more than one percent, two percent, or three percent, whichever is applicable in § 208.04(b)(3), the lowest bid received for any product, purchase or service.
FIRE CHIEF. The Chief of the Fire Division.
IMPRISONED. Has the same meaning as in Ohio R.C. 1.05.
INTERNET. The international computer network of both federal and non-federal interoperable packet switched data networks, including the graphical subnetwork known as the world wide web.
KEEPER or PROPRIETOR. Includes all persons, whether acting by themselves or as a servant, agent or employee.
LAND or REAL ESTATE. Includes rights and easements of incorporeal nature.
LEGISLATIVE AUTHORITY. The legislative authority of the municipality.
LOCAL BIDDER. A business organization that:
(1) Has sales offices, divisions, sales outlets, distribution centers or manufacturing facilities in the City of Xenia or Xenia Township, or which facilities demonstrate capital investment in the City of Xenia or Xenia Township; and
(2) Pays required local taxes to the City of Xenia, if claiming a City of Xenia preference.
LOWEST AND BEST. The lowest and best bidder that meets all requirements of the bid specifications and predetermined evaluation criteria.
MAY. Is permissive.
MUNICIPALITY or CITY. The City of Xenia, Ohio.
NON-PROFIT ORGANIZATION. An organization exempt from federal income taxation pursuant to Section 501(a) and (c)(3) of the Internal Revenue Code.
(Ord. 06-45, passed 7-13-2006)
OAC. Refers to the Ohio Administrative Code.
OATH. Includes affirmation; and SWEAR includes affirm.
OHIO R.C., ORC OR REVISED CODE. Refers to the Ohio Revised Code.
OWNER. When applied to property, includes any part owner, joint owner or tenant in common of the whole or part of such property.
PERSON. Includes an individual, corporation, business trust, estate, trust, partnership and association.
PERSONAL PROPERTY. Includes all property except real property.
PLAN OF SEWERAGE, SYSTEM OF SEWERAGE, SEWER and SEWERS. Includes sewers, sewage disposal works and treatment plants, and sewage pumping stations, together with facilities and appurtenances necessary and proper therefor.
PREMISES. As applied to property, includes land and buildings.
PRODUCED. Processing, mining, developing, and making of a thing into a new article, with distinct character and use, through the application of input within the City of Xenia or Xenia Township, of products, labor, skill or other services.
PROFESSIONAL DESIGN FIRM. Any person legally engaged in rendering professional design services.
PROFESSIONAL DESIGN SERVICES. Services within the scope of practice of an architect or landscape architect registered under Ohio R.C. Chapter 4703 or a professional engineer or surveyor registered under Ohio R.C. Chapter 4733.
PROPERTY. Includes real, personal, mixed estates and interests.
PROPOSAL. A written offer by a potential design/builder to enter into a design-build contract for a public improvement project in response to a request for proposals.
PROPOSER. An entity who submits a proposal in response to a request for proposals.
PUBLIC AUTHORITY. Includes boards of education; the municipal, county, state or federal government, its officers, or an agency thereof; or any duly authorized public official.
PUBLIC PLACE. Includes any street, sidewalk, park, cemetery, school yard, body of water or watercourse, public conveyance, or any other place for the sale of merchandise, public accommodation, or amusement.
REAL PROPERTY. Includes lands, tenements and hereditaments.
REGISTERED MAIL. Includes certified mail; and CERTIFIED MAIL includes registered mail.
REQUEST FOR PROPOSALS or RFP. The document prepared by or for the city specifying and describing the city’s objectives and the procedure to be followed in preparing and submitting a proposal and awarding the design-build contract.
REQUEST FOR QUALIFICATIONS or RFQ. The document prepared by or for the city specifying and describing the city’s objectives and the procedure to be followed in preparing and submitting a statement of qualifications and short-listing respondents.
RESPONDENT. An entity who submits a statement of qualifications in response to a request for qualifications.
SHALL. Is mandatory.
SIDEWALK. The portion of the street between the curb line and the adjacent property line intended for the use of pedestrians.
STATE. The State of Ohio.
STATEMENT OF QUALIFICATIONS or SOQ. The information submitted by a respondent in response to a request for qualifications.
STREET. Includes alleys, avenues, boulevards, lanes, roads, highways, viaducts and all other public thoroughfares within the municipality.
TENANT or OCCUPANT. As applied to premises, includes any person holding a written or oral lease, or who actually occupies the whole or any part of such premises, alone or with others.
UNDERTAKING. Includes a bond.
WEEK. Seven consecutive days.
WHOEVER. Includes all persons, natural and artificial; partners; principals, agents, and employees; and all officials, public or private.
WRITING. Includes printing.
WRITTEN or IN WRITING. Include any representation of words, letters, symbols or figures; this provision does not affect any law relating to signatures.
YEAR. Twelve consecutive months.
(1997 Code, §§ 202.02, 208.13, 226.01) (Ord. 12-36, passed 7-26-2012)