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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. The words “shall” and “will” are mandatory and the word “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 Municipality 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, human resources and cost.
(d) “Chapter” or “this chapter” means this Chapter 1021 of the Codified Ordinances of the Municipality, as amended from time to time, and any regulations adopted hereunder.
(e) “Council” means the governing body of the Municipality.
(f) “Force majeure” means a strike, acts of God, acts of public enemies, orders of any kind of the government of the United States of America or of the State of Ohio or any of their departments, agencies or political subdivisions, riots, epidemics, landslides, lightning, earthquakes, fires, tornadoes, storms, floods, civil disturbances, explosions, 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 noncompliance with the provisions hereof.
(g) “Franchise” means a valid franchise pursuant to the Constitution and laws of Ohio and/or the United States, extended by the Municipality and accepted by any person, pursuant to which such person may operate or provide utility, cable television, communications or other such services to consumers within the Municipality.
(h) “Gross revenues” means all cash, credit, property of any kind or other consideration received directly or indirectly by a general permittee and arising from or attributable to the sale or exchange of any services within the Municipality in any way derived from the operation of its facilities in or use of the rights-of-way.
(i) “Municipality” means the Village of Yellow Springs, Ohio, or, as appropriate in the case of specific provisions of this chapter, any board, bureau, authority, agency, commission, department or any other entity of or acting on behalf of the Village of Yellow Springs, or any officer, official, employee, representative or agent thereof, the designee of any of the foregoing, or any successor thereto.
(j) “Open video system” is a term used, but not defined, in the Federal Telecommunications Act of 1996. It is understood to mean infrastructure distributing video and audio signals, a majority of whose bandwidth is leased to independent providers of programming, other than the owner of the infrastructure.
(k) “Permit” means the non-exclusive grant of authority to use or occupy all or a portion of the Municipality's rights-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 rights-of-way in accordance with the provisions of this chapter and said permit.
(m) “Person” means any natural person or any association, firm, partnership, joint venture, corporation or other legally recognized entity, whether for-profit or not-for-profit.
(n) “Public property” means any real property, other than a right-of-way, owned by the Municipality.
(o) “Regulation” means any rule adopted by the Village Manager pursuant to the authority of this chapter, pursuant to the procedure set forth in Section 1021.10, to carry out its purpose and intent.
(p) “Residential related purposes” means residential use of a right-of-way for mailboxes, decorative purposes, curb cuts and driveways.
(q) “Right-of-way” means a strip or area of land taken or dedicated for use as a public way. In addition to paved areas, it normally incorporates curbs, lawn strips, sidewalks, lighting and drainage facilities.
(Ord. 97-01. Passed 1-21-97.)