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"City " means the City of Portsmouth, Virginia, and where appropriate to the context, <br />its officers, agents, employees and volunteers. <br />"CityAttorney " means the Portsmouth City Attorney or his or her designee. <br />"City Council" means the City Council of the City of Portsmouth. <br />"City Engineer" means the Portsmouth City Engineer or his or her designee. <br />"CityManager" means the Portsmouth City Manager or his or her designee. <br />"City property" means and includes all real property owned by the City, including all <br />property held in a proprietary capacity by the City. <br />"Communications facilities" means the plant, equipment and property, including, but <br />not limited to, the poles, pipes, mains, conduits, ducts, fiber optic and other cables, circuits, <br />antennae and wires, and any other equipment and related facilities used by the Authority to <br />provide qualifying communications services. <br />"Conduit "means any materials, such as metal or plastic pipe, that protects wire, cable, <br />lines, fiber optic cable or other technology for the provision of qualifying communications <br />services. <br />"Duct "means a pipe, tube, channel or similar item for carrying wires, lines, cables, fiber <br />optic cable, or other technology for the provision of telecommunications service. <br />"Fiber optic or other cable and related facilities" means fiber optic cables or other cable, <br />facilities, conduits, converters, splice boxes, handholds, manholes, vaults, equipment, drains, <br />surface location markers, appurtenances and related facilities located or to be located by the <br />Authority in the public streets or rights -of -way of the City used or useful for the provision of <br />qualifying communications services. <br />"Grantee " or "Authority" means the Southside Network Authority. <br />"Grantor" means the City of Portsmouth. <br />"Public streets and public rights -of -way" or `public ways" include the surface of, and the <br />space above and below, any public street, road, highway, avenue, sidewalk, way, bridge, viaduct, <br />alley or other public right -of -way, including unimproved surfaces, now or hereafter held by the <br />City for the purpose of public travel, communications, alarm, street lighting, power <br />distribution, water or sewer service or other public use, whether present or future, to the extent <br />of the City's right, title, interest or authority to grant a franchise to occupy and use such streets <br />and easements for the purpose of providing telecommunications services. <br />