Sec. 711.303. - Definitions.

The following words, terms, and phrases (whether capitalized or not) listed in alphabetical order, where used in this Part, shall have the meaning ascribed to them in this Part, and in the definitions Section of Part 1 of this Chapter, unless different meanings are clearly indicated by the context. When not inconsistent with the context, words used in the present tense shall include the future, words in the plural include the singular, and words in the singular include the plural. The word "shall" is always mandatory. Administrative agreement means a franchise agreement entered into by the Mayor and Corporation Secretary on behalf of the City and a grantee. The Mayor and Corporation Secretary are hereby delegated the authority by the City Council to enter into administrative agreements in conformity with this Chapter. Defined utility means electric, gas, or water/sewer utilities as defined in this Section. Director means the Director of the City's Department of Public Works, or their designee. Electric utility means any municipal electric utility, investor-owned electric utility, or rural electric cooperative which owns, maintains, or operates an electric generation, transmission, or distribution system within the City's rights-of-way. Franchise means the rights granted under this Chapter by the City to a grantee by which the City authorizes such grantee to utilize the City's rights-of-way to erect, construct, reconstruct, dismantle, electric, gas, water/sewer system, or any activity deemed a "Utility" by the rights-of-way committee of the City. Any franchise awarded by an ordinance or administrative agreement in accordance herewith shall be a nonexclusive franchise unless otherwise specified herein or therein. Franchise agreement means the written contract for nonexclusive use of any portion of City rights-of-way to place facilities owned or used by a "grantee" (as herein defined), which facilities serve two or more parcels of land. As authorized in this Part, a franchise agreement is not hereby defined to be in lieu of or to in any way impact the need for either an occupancy agreement/registration as covered in parts 2 and 4 of this Chapter, or a permit as may be required by City Code. Gas utility means every person, corporation, partnership, association, or other legal entity and their lessees, trustees, or receivers supplying gas (natural, manufactured, or similar gaseous substance) to or for the public within the City; including any dependent or independent special natural gas district, any natural gas transmission pipeline company, or a person supplying liquefied petroleum gas, in either liquid or gaseous form, which owns, maintains, or operates a transmission, or distribution system within the City's rights-of-way. Grantee means a utility or any person to whom the City shall determine to give a franchise. Grantor or City means the City as represented by the City Commission or any delegate acting within the scope of its delegated jurisdiction. Public way means the surface of and the space above and below any public street, road, highway, freeway, lane, path, alley, court, sidewalk, parkway, or any publicly dedicated rights-of-way now or hereafter existing as such within the City and over which the City exercises ownership or effective control. Utility means a person/grantee having/requesting any significant use (as such "significant use" is determined by rule of the Director in accordance with Part 5 of this Chapter, but shall include uses of the City rights-of-way by the grantee for the purpose of conducting grantee's business with third parties) of City rights-of-way who shall receive a franchise only by ordinance of the City Council upon a recommendation to do so by the Director or upon an ordinance of the City Council as introduced by a Council Member. Water/sewer utility means and shall include any plant, wells, pipes, tanks, reservoirs, system, facility, or property used or useful or having the present capacity for future use in connection with the obtaining and supplying water/sewer and alternative water/sewer supplies, including, but not limited to, reclaimed water/sewer and water from aquifer storage and recovery and desalination systems, for human consumption, fire protection, irrigation, consumption by business, or consumption by industry, and shall also include any plant, system, facility, or property used or useful or having the present capacity for future use in connection with the collection, treatment, purification, or disposal of sewage, or reuse of wastewater, and without limiting the generality of the foregoing definition shall embrace all necessary appurtenances and equipment and shall embrace treatment plants, pumping stations, intercepting sewers, pressure lines, mains, and all necessary appurtenances and equipment deemed necessary or convenient for the operation. (Ord. 2001-427-E, § 2)