|
6. "Emergency" shall mean and refer to a sudden condition or set of
<br />circumstances that: (a) significantly disrupts or interrupts the operation of Facilities in the
<br />Public Rights -of -Way and VERIZON's ability to continue to provide services if immediate
<br />action is not taken; or (b) presents an immediate threat of harm to persons or property if
<br />immediate action is not taken.
<br />7. "Facility or Facilities" means any part or all of the facilities, equipment and
<br />appurtenances of VERIZON whether underground or overhead and located within the
<br />Public Rights -of -Way as part of VERIZON's Telecommunications System, including but
<br />not limited to, conduit, case, pipe, line, fiber, cabling, equipment, equipment cabinets and
<br />shelters, vaults, generators, conductors, poles, carriers, drains, vents, guy wires,
<br />encasements, sleeves, valves, wires, supports, foundations, anchors, transmitters,
<br />receivers, antennas, and signage.
<br />8. "Franchise" shall mean the grant, once accepted, giving general
<br />permission to VERIZON to enter into and upon the Public Rights -of -Way to use and
<br />occupy the same for the purposes authorized herein, all pursuant and subject to the terms
<br />and conditions as set forth herein.
<br />9. "Law(s)" shall mean all present and future applicable laws, ordinances,
<br />rules, regulations, resolutions, environmental standards, orders, decrees and requirements
<br />of all federal, state, and local governments, the departments, bureaus, or commissions
<br />thereof, or other governmental authorities, including the City acting in its governmental
<br />capacity. References to Laws shall be interpreted broadly to cover government actions,
<br />however nominated.
<br />10. "Party(ies)" shall mean either the City or VERIZON or both.
<br />11. "Permit" means a permit issued under the regulatory authority of the City
<br />that provides specific requirements and conditions for Work to Construct Facilities within
<br />the Public Rights -of -Way and includes, but is not limited to: a construction permit, building
<br />permit, street excavation permit, barricade permit, and clearing and grading permit.
<br />12. "Person" means and includes any individual, corporation, partnership,
<br />association, joint-stock company, limited liability company, political subdivision, public
<br />corporation, taxing district, trust, or any other legal entity, but not the City or any Person
<br />under contract with the City to perform work in the Public Rights -of -Way.
<br />13. "Public Right(s)-of-Way" shall mean the surface of, and the space above
<br />and below, any public street, highway, freeway, bridge, land path, alley, court, boulevard,
<br />sidewalk, way, lane, public way, drive, circle or other public right-of-way, including any
<br />easement now or hereafter held by the City within the corporate boundaries of the City as
<br />now or hereafter constituted for the purpose of public travel, and over which the City has
<br />authority to grant permits, licenses, or franchises for use thereof, or has regulatory
<br />authority to thereover, excluding: railroad rights-of-way, airports, harbor areas, buildings,
<br />parks, poles, conduits, and excluding such similar facilities or property owned, maintained,
<br />or leased by the City in its proprietary capacity or as an operator of a utility.
<br />W: Word Processing\Ordinances\Verizon-Seattle SMSA Franchise Agreement 1-29-18
<br />GL:bjs
<br />Page 3 of 20
<br />78
<br />
|