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(12) "Person" means any natural or corporate person, business association or business
<br />entity including, but not limited to, a partnership, a sole proprietorship, a political subdivision, a
<br />public or private agency of any kind, a utility, a successor or assign of any of the foregoing, or
<br />any other legal entity.
<br /> (13) "Public improvement" means any project undertaken by the City for construction,
<br />reconstruction, maintenance, or repair of any public infrastructure.
<br />(14) "Public works department" means the Department of Public Works of the City.
<br />(15) "Registration" means the permit application process of a service provider, the
<br />approval of the application by the City, and the authorization of the service provider to use any
<br />portion of the right-of-way within the City to provide service within the City limits.
<br /> (16) "Repair" means the temporary construction work necessary to make the fight-of-
<br />way usable.
<br /> (17) "Restoration" means the process by which an excavated or occupied fight-of-way
<br />and surrounding area, including pavement and foundation, is returned to the same or better
<br />condition that existed before the commencement of the work.
<br /> (18) "Right-of-way" means the area on, below or above the present and future City
<br />streets, alleys, bridges, bikeways, tree lawn or green space, sidewalks, curbs and aprons.
<br /> (19) "Right-of-way management costs" means the fee charged by the City to recover
<br />its cost incurred for right-of-way management, including, but not limited to, costs associated
<br />with registering applicants; issuing, processing, and vefifying fight-of-way permit applications;
<br />inspecting job sites and restoration of projects; protecting or moving user construction
<br />equipment; restoring fight-of-way work inadequately performed, determining the adequacy of
<br />right-of-way restoration or occupation; revoking right-of-way permits; and other costs the City
<br />may incur in managing the right-of-way.
<br /> (20) "Right-of-way permit" means the authorization to occupy or excavate for the
<br />construction, installation, repair, restoration or maintenance of any type of facility within the
<br />right-of-way.
<br /> (21) "ROW-user" means a person or entity that uses or occupies the right-of-way for
<br />purposes of work, excavation, provision of services, or to install, construct, maintain, or repair
<br />facilities thereon.
<br /> (22) "Service" means a commodity provided to a person by means of a delivery system
<br />that is comprised of facilities located or to be located in the right-of-way, including, but not
<br />limited to, gas, telephone, cable television, Internet services, alarm systems, electric, water,
<br />telegraph, transportation systems, data transmission, sanitary sewerage, or other utility or service.
<br /> (23) "Service provider" means any entity that is a provider of a service for or without
<br />a fee.
<br /> (24) "Street" means the pavement and sub-grade of a City residential, collector or
<br />arterial roadway.
<br /> (25) "Treelawn or Green Space" means the area between a property line and the
<br />street curb, sometimes called boulevard, tree-shelf or snow-shelf.
<br />
<br />C. Registration of Service Provider
<br />No service provider shall be authorized to utilize the right-of-way in any capacity or manner
<br />without registering and obtaining the necessary right-of-way permit from the director of public
<br />works. The City may limit the number of registrations in a competitively neutral manner, based
<br />upon, but not necessarily limited to, specific local considerations' such as the capacity of the
<br />right-of-way to accommodate service facilities; the impact on the community of the volume of
<br />facilities in the right-of-way; the disruption arising from numerous excavations of the right-of-
<br />way; the financial capabilities of the service provider and its guaranteed commitment to make
<br />necessary investments to erect, maintain and operate the proposed facilities; or any other
<br />consideration based upon the interests of the public health, safetY and welfare. The City shall not
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