Loading...
§ 90.015   COMPLIANCE WITH ACT.
   (A)   The city hereby declares that its policy and intent in adopting this ordinance is to fully comply with the requirements of the Act, and the provisions hereof should be construed in such a manner as to achieve that purpose.
   (B)   The city shall comply in all respects with the requirements of the Act, including but not limited to the following:
      (1)   Exempting certain route maps from the Freedom of Information Act, Public Act 442 of 1976, being M.C.L.A. §§ 15.231, 215.246, as provided in § 90.004(C) of this code;
      (2)   Allowing certain previously issued permits to satisfy the permit requirements hereof, in accordance with § 90.004(F) of this code;
      (3)   Allowing existing providers additional time in which to submit an application for a permit, and excusing those providers from the application fee, in accordance with § 90.004(G) of this code;
      (4)   Approving or denying an application for a permit within 45 days from the date a telecommunications provider files an application for a permit for access to and usage of a public right-of- way within the city, in accordance with § 90.005(A) of this code;
      (5)   Notifying the MPSC when the city has granted or denied a permit, in accordance with § 90.005(A) of this code;
      (6)   Not unreasonably denying an application for a permit, in accordance with § 90.005(A) of this code;
      (7)   Issuing a permit in the form approved by the MPSC, with or without additional or different permit terms, as provided in § 90.005(B) of this code;
      (8)   Limiting the conditions imposed on the issuance of a permit to the telecommunications provider’s access and usage of the public right-of-way, in accordance with § 90.005(C) of this code;
      (9)   Not requiring a bond of a telecommunications provider which exceeds the reasonable cost to ensure that the public right-of-way is returned to its original condition during and after the telecommunication provider’s access and use, in accordance with § 90.005(D) of this code;
      (10)   Not charging any telecommunications providers any additional fees for construction or engineering permits, in accordance with § 90.006 of this code;
      (11)   Providing each telecommunications provider affected by the city’s right-of-way fees with a copy of this ordinance, in accordance with § 90.011(A) of this code;
      (12)   Submitting an annual report to the Authority, in accordance with § 90.012(B) of this code; and
      (13)   Not holding a cable television operator in default for a failure to pay certain franchise fees, in accordance with § 90.013 of this code.
§ 90.016   RESERVATION OF POWERS.
   Pursuant to § 15(2) of the Act, this ordinance shall not limit the city’s right to review and approve a telecommunication provider’s access to and ongoing use of a public right-of-way or limit the city’s authority to ensure and protect the health, safety, and welfare of the public.
§ 90.017   CIVIL INFRACTION CITATION; AUTHORIZED OFFICIALS.
   Any violation of §§ 90.001 through 90.016 of this codified ordinance shall be deemed a municipal civil infraction.
USE OF RIGHTS-OF-WAY; CONSTRUCTION
§ 90.030   STRUCTURES IN RIGHTS-OF-WAY; PERMIT REQUIRED.
   No person, persons, firm, or corporation shall construct, place, install, use, or maintain any structure, either above or below the surface, within the boundaries of the right-of-way of a street, road, or highway under the jurisdiction of the city without first having obtained a permit therefor as hereinafter provided.
§ 90.031   PERMIT APPLICATION.
   Any person desiring to utilize the right-of-way of any street, road, or highway under the jurisdiction of the city shall submit an application for a permit to do so to the Department of Public Works for the city.  The application shall be on a form provided therefor by the Department of Public Works.  No permit shall be granted to any person, persons, firm, or corporation unless all of the provisions of this ordinance are complied with.
§ 90.032   PROOF OF INSURANCE; INDEMNIFICATION.
   (A)   The applicant for a permit under the provisions of this ordinance shall supply to the Department of Public Works for the city, proof of general liability insurance in the amount as set by the City Council, and amended by resolution from time to time, which insurance shall name the city as an additional named insured.
   (B)   If the property adjacent to the right-of-way where the work is to be performed is owned by the applicant, or if the applicant owns a land contract vendee’s interest in the premises, and if the premises adjacent to the subject right-of-way is the applicant’s primary residence, the applicant, in lieu of supplying proof of general liability insurance, may instead supply proof of current homeowner’s insurance including general homeowner’s liability coverage.
   (C)   The applicant for a permit under the provisions of this ordinance shall also execute a form to be provided therefor by the Department of Public Works, which shall provide that the applicant agrees to release, indemnify, and save harmless the city, its agents, principals, and employees from any and all liability or damage claims to public or private property or personal injury arising by reason of any work performed by the applicant or his or her agents, servants, or employees within the right-of-way of any public street, road, or highway under the jurisdiction of the city.
§ 90.033   WORK; CITY REQUIREMENTS APPLY; FEES.
   (A)   All work performed within the right-of-way of any street, road, or highway under the jurisdiction of the city shall be in accordance with the requirements of the Department of Public Works for the city.
   (B)   The permit and inspection fees shall be as from time to time determined by the City Council.
§ 90.034   NONCOMPLIANCE; CEASE AND DESIST ORDER; APPEAL.
   (A)   If, after issuance of a permit, the Department of Public Works for the city determines that the permit holder has not complied with any of the regulations or requirements of the Department of Public Works, the Director of the Department of Public Works shall issue a cease and desist order requiring the permit holder to immediately terminate all operations as provided for in the permit until such time as all of the regulations of the Department of Public Works are complied with and the cease and desist order is rescinded.
   (B)   If the permit holder is aggrieved by the determination of the Director of the Department of Public Works, he or she may appeal to the City Council.
   (C)   The permit holder may not continue operations while the appeal to the City Council is pending.
Loading...