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(a) All facilities operators with consent to occupy or use the right-of-way shall register with the City each calendar year between January 1 and January 31 on a form provided by the City. The form will allow the facilities operator to indicate when there is no change in the information required, and when such indication is submitted, previously provided information will be considered current and will be relied upon. Facilities operators who obtain consent to occupy the right-of-way after September 30 of any year need not file an annual registration for next calendar year.
(b) The purpose of registration under this section is to:
(1) Compile, update and supplement the City's database so that the City has accurate and current information concerning the facilities operators that own or operate facilities in the city's public right-of-way;
(2) Assist the City in monitoring the usage of the public right-of-way in order to ensure that the public receives the maximum possible benefit from that use, and the use is consistent with the best management and care of the public right-of-way;
(3) Assist the City in the collection and enforcement of any municipal taxes, fees, or other charges that may be due the City; and
(4) Assist the city in monitoring compliance with local, state and federal laws.
(c) Registration forms will be provided by the City and shall require the following information:
(1) Any material changes to the information the facilities operator provided to the City in the application for small cell use permit including, but not limited to:
A. The identity, legal status, and federal tax identification number of the facilities operator, including any affiliates or agents.
B. The name, address and telephone number of the local officer, agent or employee responsible for the accuracy of the facilities operator's registration statement and available at all reasonable times to be notified in case of emergency.
C. Evidence that the facilities operator is in compliance with the insurance, indemnity and financial surety requirements pursuant to this chapter.
D. Such other information as the planning coordinator may reasonably require.
(d) In addition to the annual registration requirement, each facilities operator shall keep all required registration information current at all times and shall provide the City with notice of changes to the required information within fifteen days following the date on which the facilities operator has notice of the need for such change.
(Ord. 67-18. Passed 7-30-18.)
(a) Facilities in the right-of-way that are legally in existence on the date of the adoption of this chapter but that do not comply with the requirements of this chapter may remain in the right-of-way but shall be considered a nonconforming facility. Any person or entity who owns or operates a nonconforming facility shall register such facility pursuant to Section 1032.10 within ninety days of the date this chapter takes effect.
(b) If a nonconforming facility is damaged or destroyed beyond repair, any replacement facility must be designed in accordance with all provisions of this chapter, the design guidelines established in Chapter 1031, and state and federal law and regulations.
(Ord. 67-18. Passed 7-30-18.)
(a) A facilities operator shall provide written notice to the City of its intent to discontinue use of any facilities. The notice shall include the date the use will be discontinued. If facilities are not removed within 365 days from the date the use was discontinued, the facilities shall be considered a nuisance and the city may remove the facilities at the expense of the facilities operator.
(b) In the event that facilities are damaged, the facilities operator shall promptly repair the damaged facilities. Damaged facilities shall be repaired no later than thirty days after obtaining written notice that the facilities were damaged. If the damaged facilities are not repaired within thirty days, then the damaged facilities shall be considered a nuisance and the City may repair or remove the facilities at the expense of the facilities operator.
(Ord. 67-18. Passed 7-30-18.)
(a) As a condition of the City's consent to occupy the right-of-way, a facilities operator must secure and maintain the following liability insurance policies insuring both the facilities operator and the city, and its elected and appointed officers, officials, agents and employees as additional insureds:
(1) Comprehensive general liability insurance with limits not less than:
A. Five million dollars ($5,000,000.00) for bodily injury or death to each person;
B. Five million dollars ($5,000,000.00) for property damage resulting from any one accident; and
C, Five million dollars ($5,000,000.00) for all other types of liability.
(2) Automobile liability for owned, non-owned and hired vehicles with a limit of three million dollars ($3,000,000.00) for each person and three million dollars ($3,000,000.00) for each accident.
(3) Worker's compensation within statutory limits and employer's liability insurance with limits of not less than one million dollars ($1,000,000.00).
(4) Comprehensive form premises-operations, explosions and collapse hazard, underground hazard and products completed hazard with limits of not less than three million dollars ($3,000,000.00).
(b) Each such insurance policy shall contain the following endorsement:
"It is hereby understood and agreed that this policy may not be canceled nor the intention not to renew be stated until ninety days after receipt by the City, by registered mail, of a written notice addressed to the Planning Coordinator of the City of Avon of such intent to cancel or not to renew."
(c) Within sixty days after receipt by the City of said notice, and in no event later than thirty days prior to said cancellation, the facilities operator shall obtain and furnish to the City replacement insurance policies meeting the requirements of this subsection.
(Ord. 67-18. Passed 7-30-18.)
A facilities operator shall indemnify, protect, defend, and hold the city and its elected officials, officers, employees, agents, and volunteers harmless against any and all claims, lawsuits, judgments, costs, liens, losses, expenses, fees to include reasonable attorney fees and costs of defense, proceedings, actions, demands, causes of action, liability and suits of any kind and nature, including personal or bodily injury or death, property damage or other harm for which recovery of damages is sought, to the extent that it is caused by the negligence of the operator who owns or operates small cell facilities and wireless service in the right-of-way, any agent, officer, director, representative, employee, affiliate, or subcontractor of the operator, or their respective officers, agents, employees, directors, or representatives while installing, repairing, or maintaining facilities in the right-of-way.
(Ord. 67-18. Passed 7-30-18.)
(a) Each facilities operator must procure and provide to the City a bond, escrow, deposit, letter of credit, or other financial surety in an amount sufficient to cover the cost of removal of all facilities owned or operated by the facilities operator.
(b) The City may, in its sole discretion, draw on the financial surety to remove abandoned, unused, or unsafe facilities, or to repair damage to any City property caused by the facilities operator or its agent. In such event, the facilities operator shall cause the financial surety be replenished to its prior amount within ten business days after City notifies the facilities operator that it has drawn on the financial surety.
(Ord. 67-18. Passed 7-30-18.)
The City reserves the right to install, and permit others to install, facilities in the right-of-way. The City may reserve space in the right-of-way and on wireless support structures for future utility, safety, or transportation uses. Such space may be reserved in an ordinance or plan approved by the Mayor, City Council, Chief Building Official, Planning Coordinator or Planning Commission.
(Ord. 67-18. Passed 7-30-18.)
(a) Consistent with R.C. § 4939.08, the City may require a facilities operator to remove or relocate facilities to accomplish construction and maintenance activities. The facilities operator shall remove or relocate the facilities at no cost to the City. If the facilities operator fails to remove or relocate the facilities within ninety days of receiving a request to do so from the City, then the City may remove the facilities at facilities operator's sole cost and expense, without further notice to the facilities operator.
(b) If the facilities are placed in a location other than the location approved by the City, the facilities operator shall relocate the facilities within thirty days of receiving notice that the facilities are located improperly.
(Ord. 67-18. Passed 7-30-18.)
A facilities operator shall notify the Planning Coordinator of all nonemergency work within ten calendar days prior to performing any upgrades or maintenance on any facilities, regardless of whether the work requires any permit or consent from the City.
(Ord. 67-18. Passed 7-30-18.)
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