For purposes of this chapter, the following terms, phrases, words, and their derivations have the meanings 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 meaning.
(a) "Applicant" means any Person applying for a Right-of-Way Permit hereunder.
(b) "Best Efforts" means the best reasonable efforts under the circumstances, taking into consideration, among other appropriate matters, all applicable laws, regulations, safety, engineering and operational codes, expedition, available technology and human resources, standard industry practice and cost.
(c) "Chapter" means Chapter 911 of the Codified Ordinances of the City, as amended from time to time, and any Regulations adopted hereunder.
(d) "City" means the City of Zanesville, Ohio.
(e) "Council" means the legislative body of the City.
(f) "Director" means the Public Service Director.
(g) "Force Majeure" means a strike, act of God, act of public enemy, order of any kind of a government of the United States of America or of the State of Ohio or any of their departments, agencies or political subdivisions; riot, epidemic, landslides, lightning, earthquake, fire, tornado, storm, flood, civil disturbance, explosion, partial or entire failure of a utility or any other cause or event not reasonably within the control of the party disabled by such Force Majeure, but only to the extent such 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.
(h) "General Right-of-Way Permit" shall have the meaning set forth in Section 911.03(b)(1).
(i) "Governmental Purposes" means those purposes classified as governmental under Ohio law, as well as any other City utility service to the extent such other City utility service is provided to City facilities.
(j) "ORC" means the Ohio Revised Code.
(k) "Permit or Franchise" means the nonexclusive grant of authority to use or occupy all or a portion of the City's Rights-of-Way as granted pursuant to this chapter.
(l) "Permittee" means any Person issued a Right-of-Way 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 Right-of-Way 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 owned by the City or easements held or used by the City, other than a Right-of-Way.
(o) "PUCO" means the Public Utilities Commission of Ohio as defined in Ohio R.C. 4901.02.
(p) "Regulation" means any rule adopted by the Director pursuant to the authority of this chapter, and the procedure set forth in Section 911.10, to carry out its purpose and intent.
(q) "Residential Purposes" means residential use of Right-of-Way for such uses as mailboxes, trees, landscaping, lawn sprinklers, decorative purposes or any curb cuts and driveways, and as may be further defined in any Regulations the City adopts.
(r) "Right-of-Way" or "Public Way" means the surface of and the space within, through, on, across, above or below, any public street, public road, public highway, public freeway, public lane, public path, public alley, public court, public sidewalk, public boulevard, public parkway, public drive, and any other land dedicated or otherwise designated. For a compatible public use, which on or after the effective date of this section, is owned or controlled by a municipal corporation. "Public Way" excludes a private easement.
(s) "Right-of-Way Board" shall have the meaning set forth in Section 911.03(f) of this chapter.
(t) "Right-of-Way Permit" means the non-exclusive grant of authority to use or occupy all or a portion of City's Rights-of-Way granted pursuant to this chapter.
(u) "Right-of-Way Related Fees" means the annual compensation required of a Right- of-Way user based on assessment of Right-of-Way Related Costs as defined in Section 911.01(v) of this chapter.
(v) "Right-of-Way Related Costs" means the dollar amount assessed a Right-of Way user and shall be based only on costs that the municipal corporation both has actually incurred and can clearly demonstrate are or can be properly allocated and assigned to the occupancy or use of a public way. No public way fee shall include a return on or exceed the amount of costs reasonably allocated by the City to such occupant or user or pursuant to any reasonable classification of occupants or users.
(w) "Service Permit" means a valid service permit, agreement, franchise agreement or operating agreement issued by the City in accordance with the Codified Ordinances of the City, the Constitution of the State of Ohio or the United States, and accepted by any Person, pursuant to which such Person may operate or provide natural gas, electric power, cable television services, communications or other utility services within the City.
(x) "Special Right-of-Way Permit" shall have the meaning set forth in Section 911.03(b).
(y) "Telecommunications" means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information sent and received. It includes offering of telecommunications for a fee directly to the public, or to such classes or users as to be effectively available directly to the public, regardless of the facilities used. (Ord. 02-70(a). Passed 11-25-02.)