Title 3 REVENUE AND FINANCE
Chapter 3.20 FRANCHISE AGREEMENTS
3.20.020 Definitions.
For the purpose of this chapter, the following terms, phrases, words and
their derivations shall have the meaning given herein. The words
“shall” and “will” are mandatory and “may”
is permissive. If not defined there, the words shall be given their common and
ordinary meaning.
“City” means the city of Estacada, a municipal
corporation, and individuals authorized to act on the city’s
behalf.
“Construction” means any activity in the public
rights-of-way resulting in physical change thereto, including excavation or
placement of structures, but excluding routine maintenance or repair of existing
facilities.
“Days” means calendar days unless otherwise
specified.
“Emergency” shall have the meaning provided for in
ORS 401.025.
“Franchise” means an agreement between the city and
a grantee which grants a privilege to use public right-of-way and utility
easements within the city for a dedicated purpose and specific
compensation.
“Grantee” means the person to which the franchise
is granted by the city.
“Person” means an individual,
corporation, company, association, joint stock company or association, firm,
partnership, or limited liability company.
“Public
rights-of-way” means and includes, but is not limited to, streets, roads,
highways, bridges, alleys, sidewalks, trails, paths, public easements, and all
other public ways or areas, including the subsurface under and air space over
these areas. This definition applies only to the extent of the city’s
right, title, interest or authority to grant a franchise to occupy and use such
areas. “Public rights-of-way” shall also include utility easements
as defined below.
“State” means the state of
Oregon.
“Utility easement” means any easement granted to or
owned by the city and acquired, established, dedicated or devoted for public
utility purposes. (Ord. 2000-33 § 1 (part): prior code §
1.910)
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