Sec. 74-62Definitions

For the purpose of this chapter, the following terms, phrases, words, and their derivations have the meanings set forth herein. The words "shall" and "will" are mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning. Defined terms remain defined terms whether or not capitalized.

City means the City of Ashburn, Georgia.

City council means the legislative governing body of the city.

Codified ordinances means the Codified Ordinances of the City of Ashburn, Georgia.

Construct means, but shall not be limited to, dig, bore, tunnel, trench, excavate, obstruct, install wires, install conduit, install pipes, install transmission lines, install poles, install signs, or install facilities, other than landscaping or ornamental plantings, in, on, above, within, over, below, under, or through any part of the rights-of-way. Construct shall also include the act of opening and/or cutting into the surface of any paved or improved surface that is any part of the right-of-way.

Construction means, but shall not be limited to, the act or process of digging, boring, tunneling, trenching, excavation, obstruction, installing wires, installing conduit, installing pipes, installing transmission lines, installing poles, installing signs, or installing facilities, other than landscaping or ornamental plantings, in, on, above, within, over, below, under, or through any part of the rights-of-way. Construction shall also include the act of opening, boring and/or cutting into the surface of any part of the right-of-way.

Director means the city manager of the City of Ashburn, Georgia, or his or her designee.

Emergency means a condition that poses a clear and immediate danger to life, health, or safety, or of a significant loss of real or personal property.

Excavation means any work in the surface or subsurface of the public right-of-way, including, but not limited to opening the public right-of-way; installing, servicing, repairing or modifying and Facility in or under the surface or subsurface of the public right-of-way, and restoring the surface and subsurface of the public right-of-way.

Facility or facilities means any tangible thing, including but not limited to a utility's poles, wires, optical fibers, cables, electrical conductors, conduits, ducts, innerducts, pipes, subways, manholes, fixtures, appliances, appurtenances and future technology authorized in a permit or written service agreement.

Facilities representative(s) means the specifically identified agent(s)/employees(s) of a utility who are authorized to direct field activities of that utility and serve as official notice agent(s) for facilities related information. Utility shall be required to make sure at least one of its facilities representatives is available at all times to receive notice of, and immediately direct response to, facilities related emergencies or situations.

FCC means the Federal Communications Commission or any successor thereto.

Registration means an authorization which grants permission to conduct specific regulated activities on, in, over, under or within any public right-of-way, and which may be subject to conditions specified in a written service agreement with the city or in a related provision of this Code of Ordinances.

Right(s)-of-way means the surface and space in, on, above, within, over, below, under or through any real property in which the city has an interest in law or equity, whether held in fee, or other estate or interest, or as a trustee for the public, including, but not limited to any public street, boulevard, road, highway, freeway, lane, alley, court, sidewalk, parkway, or any other place, area, or real property owned by or under the legal or equitable control of the city, now or hereafter, that consistent with the purposes of constructing, operating, repairing or replacing facilities. Rights-of-way shall not include buildings, parks, bridges, river, tunnel, viaduct, conduit or other public property or easements that have not been dedicated to compatible uses, except to the extent the use or occupation of such property is specifically granted in a permit or by law. Rights-of-way shall not include private easements or public property, except to the extent the use or occupation of public property is specifically granted in a written approval of registration.

Service agreement means a valid license agreement, service agreement, franchise agreement, or operating agreement issued by the city or state pursuant to law and accepted by a utility, which allows such utility to operate or provide service within the geographic limits of the city.

Streets means the surface of, as well as the spaces above and below, any and all the streets, alleys, avenues, roads, bridges, tunnels and public places of the city within the corporate limits of the city, as the same now exist or may be hereafter extended or altered, and any location thereon, thereover or thereunder, and any portion thereof.

Transfer means the disposal by the utility, directly or indirectly, by gift, assignment, sale, merger, consolidation, or otherwise, of more than 50 percent at one time of the ownership or controlling interest in the facilities, or more than 50 percent cumulatively over the term of a written approval of registration of such interests.

Underground facilities means all lines, cables, conduits, pipes, posts, tanks, vaults, wires and any other facilities which are located wholly or partially underneath rights-of-way.

Unused facilities means facilities located in the rights-of-way which have remained unused for 12 months and for which the utility is unable to provide the city with a plan detailing the procedure by which the utility intends to begin actively using such facilities within the next 12 months, or that it has a potential purchaser or user of the facilities who will be actively using the facilities within the next 12 months, or, that the availability of such facilities is required by the utility to adequately and efficiently operate its facilities.

Utility or utilities means any privately, publicly, or cooperatively owned systems for producing, transmitting, or distributing communication, data, information, telecommunication, cable television, video services, power, electricity, light, heat, gas, oil, crude products, water/sewer, steam, fire and police signals, traffic control devices, and street lighting systems, and housing or conduit for any of the foregoing, which directly or indirectly serve the public or any part thereof. The term "utility" may also be used to refer to the owner, operator, utility, service, contractor, sub-contractor or any agent thereof, of any above-described utility or utility facility.

Working day means any Monday, Tuesday, Wednesday, Thursday, or Friday excluding legal holidays observed by the city.

History: (Ord. No. 08-15, § 1, 12-4-08)