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AWM_
<br />?..v,
<br />place a tangible thing in the Right-of-Way for any purpose, including, but
<br />not limited to, Constructing, repairing, positioning, maintaining or
<br />operating lines, poles, pipes, conduits, ducts, equipment or other
<br />structures, appurtenances or Facilities necessary to operate, or relating to,
<br />a System for the delivery of Services over the Right-of-Way.
<br />(17) ODOT means the Ohio Department of Transportation.
<br />(18) Other Wavs means the highways, streets, alleys, easements or other rights-
<br />of-way within the City, but under the jurisdiction and control of a
<br />governmental entity other than the City.
<br />(19) Overhead Facilities means utility poles that extend more than eight (8) feet
<br />above the surface of the Right-of-Way and wires, cables and other such
<br />equipment running between and on such poles more than eight (8) feet
<br />above the surface of the Right-of-Way, including the underground
<br />supports and foundations for such Facilities.
<br />(20) Person means and includes corporations, companies, associations, joint
<br />stock companies or associations, firms, partnerships, limited liability
<br />companies, trusts and individuals and includes their lessors, trustees and
<br />recervers.
<br />(21) Public Street means the paved and unpaved portion of any street, road,
<br />boulevard, drives, highway, freeway, parkway, lane, court, alley, or other
<br />Right-of-Way in which the City has an interest in law or equity and which
<br />has been acquired, established, dedicated or devoted to street purposes.
<br />(22) Public Wav Fee means a fee levied to recover the costs incurred by the
<br />City and associated with the Occupancy or Use of a Right-of-Way as
<br />provided in Chapter 4939 of the Ohio Revised Code.
<br />(23) PUCO or Public Utilities Commission of Ohio means the State
<br />Administrative agency, or lawful successor, authorized to regulate and
<br />oversee certain Public Service Providers and Services in the State of Ohio.
<br />(24) Reconstruct, Reconstruction, etc. means substantial physical change to or
<br />Capital Improvement of all or a portion of an existing System or Facilities
<br />including, but not limited to, the addition or alteration of Facilities to
<br />accommodate the provision of an additional Service or Services, and a
<br />change in location, or additional locations, of Facilities along the same
<br />Right-of-Way involving Construction in Public Streets, or Rights-of-Way.
<br />(25) Right-of-Way means the surface of, and the space within, through, on,
<br />across, above or below, any Public Street, road, highway, freeway, lane,
<br />path, alley, court, sidewalk, boulevard, parkway, drive, easement and any
<br />other land dedicated or otherwise designated for a compatible public use,
<br />which is owned or controlled by the City but excludes a private easement.
<br />(26) Routine Maintenance means repair, upkeep, replacement or restoration of
<br />existing Facilities located in the Right-of-Way for the purpose of
<br />preventing deterioration or performance deficiencies, maintaining
<br />appearance, or securing the original level of performance, and which
<br />requires no more than three (3) working days to complete, is not an
<br />Emergency and does not include Excavation of the Right-of-Way.
<br />(27) Service means the offering of water, sanitary sewer, storm sewer, electric,
<br />gas, telephone, telecommunications, cable television, video, information
<br />or other utility-like service directly to the public, or to such classes of
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