12.02.060 Definitions.
A. “Affiliate” means an entity which (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership with franchisee. For purposes of this definition, the term “own” means to own an equity interest (or the equivalent thereof) of more than 10 percent.
B. “City property” means and includes all real property owned by the city, other than public ways and utility easements as those terms are defined herein, and all property held in a proprietary capacity by the city.
C. “Conduit” means any pipeline, duct, or protective enclosure for electrical conductors, coaxial cable, multi-conductor cable, or fiber optic cable, communications trunkline or used for conveyance of gas, petroleum, or other commercial products.
D. “Conflict” means the city’s use of the same physical space for repair of existing city infrastructure or for accommodating additional future city improvements within the same physical space within public ways would be impacted or severely limited by facilities proposed by other persons due to the lack of physical capacity to accommodate new facilities within close proximity of existing infrastructure.
E. “Emergency” means a condition of imminent danger to the health, safety and welfare of persons or property located within the city including, without limitation, injury to persons or damage to property from natural or manmade events, such as, but not limited to, storms, earthquakes, riots or wars.
F. “Excess capacity” means the volume or capacity in any existing or future duct, conduit, manhole, handhold or other utility facility within the public way that is or will be available for use for additional telecommunications or other commercial utility facilities.
G. “Facilities” includes, but is not limited to, “overhead facilities,” “telecommunications facilities,” “public facilities,” and “underground facilities” as defined herein:
1. “Overhead facilities” means utility poles, illumination poles, utility facilities and telecommunications facilities located above the surface of the ground, including the underground supports and foundations for such facilities.
2. “Telecommunications facilities” means the plant, equipment, and property, including but not limited to cables, wires, conduits, ducts, pedestals, antennae, electronics and other appurtenances used or to be used to transmit, receive, distribute, provide or offer telecommunications services.
3. “Underground facilities” means city and private utility and telecommunications facilities located under the surface of the ground, excluding the underground foundations or supports for overhead facilities.
4. “Public facilities” means the streets, curb, gutter, sidewalks, illumination system, water, storm water, and sanitary sewer utility systems which are developed and dedicated for public use and benefit, and are owned and operated by the city.
5. “Private utility facilities” means those conduits, poles, wires, pipelines, ducts, pedestals, antennae, and other appurtenances owned and operated by a public/private utility company.
H. “FCC” means Federal Communications Commission, or successor governmental entity thereto.
I. “Franchise” shall mean the initial authorization agreement, or renewal thereof, approved by an ordinance of the city council, which authorizes the franchisee to construct, install, operate, or maintain any commercial facilities subject to franchise in, under, over, or across public ways of the city for provision of services to any person within the city.
J. “Franchisee” means a commercial enterprise possessing a franchise granted by the city of Auburn, or the lawful successor, transferee, or assignee thereof.
K. “Motorized facilities” means those public street transportation facilities which lie between the curbs or shoulders of a roadway intended primarily for public use by the motoring public and commercial vehicles.
L. “Nonmotorized facilities” means those transportation facilities which lie within a public right-of-way or public easement which are intended to be utilized primarily by either pedestrians or nonmotorized vehicles such as bicycles.
M. “Pedestrian facilities” means those public transportation facilities which lie within a public right-of-way or public easement which are intended to be utilized exclusively by pedestrians. Sidewalks and trails where bicycles are restricted are examples.
N. “Person” means a natural person as well as legal entities such as, but not limited to, a corporation, partnership, limited liability company, general or limited partnership, sole proprietorship, joint stock company, trust corporation, business trust, trustees, receivers, legal representatives, and any other form of business association or entity, or a governmental entity.
O. “Public way(s)” shall mean the surface of, the air space above the surface, and the space below the surface of any public street, including, but not limited to, any public alley, bridge, land path, trail, court, circle, roundabout, boulevard, drive, tracts, right-of-way or sidewalk under the jurisdiction of the city as now, or in the future, laid out, improved or unimproved within the limits of the city presently and as such limits may be hereafter extended.
P. “Public works” means all work, construction, alteration, repair, or improvement other than ordinary maintenance, executed at the cost of the city, or which is by law a lien or charge on any property within the city (RCW 39.04.010).
Q. “Right(s)-of-way” means the area(s) of land designated for transportation purposes (Chapter 47.14 RCW). For other city streets and transportation regulation purposes, right(s)-of-way shall mean any, every and all of the highways, streets, sidewalks, alleys, and tracts either owned by the city as is now, or in the future, improved or unimproved within the limits of the city presently and as such limits may be hereafter extended.
R. “Utility easement” means any easement in which the city holds an interest in or an interest has been acquired, established, dedicated or devoted for city utility purposes. (Ord. 5042 § 1 (Exh. A), 1998.)