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For the purposes of this chapter, the following terms, phrases, words, and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. Words otherwise not defined shall be given their common and ordinary meaning. The word “shall,” whether in this chapter or a franchise agreement under this chapter, is always mandatory and not merely directory.

“Applicant” means any person or entity that applies for an initial franchise.

“City” means the City of Snohomish, a municipal corporation of the State of Washington, and all of the area within its boundaries as such may change from time to time.

“City Council” means the Snohomish City Council, the governing body of the City.

“Franchise” means an agreement that authorizes a person or entity to construct, operate, maintain, or reconstruct a private facility, service, or system within a “franchise area.” Upon the written acceptance by a franchisee, the agreement constitutes a contract between the City and the franchisee.

“Franchise area” means the area within the jurisdictional boundaries of the City to be used or served, as the case may be, by a franchisee as specified in the franchise.

“Franchisee” means the person, firm, corporation, or entity to whom or which a franchise, as hereinabove defined, is granted by the City Council under this chapter and the lawful successor, transferee, or assignee of said person, firm, corporation, or entity.

“Right-of-Way” or “Rights-of-Way” means all of the following which have been dedicated to the public or are hereafter dedicated to the public and maintained under public authority or by others and are located within the City streets, roadways, highways, avenues, lanes, alleys, bridges, sidewalks, easements, and similar public property and areas.