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(a) The City Manager shall forward a complete copy of the application and associated information and drawings to the City Engineer. If the City Manager and City Engineer determine that the application for the rights-of-way construction permit is complete and all required information and drawings have been provided, they shall review such information and drawings, and approve the application and issue the applicant a rights-of-way construction permit authorizing the construction, placement, or installation of the facilities in the rights-of-way upon their determinations that proposed construction, placement, or installation of the facilities is consistent with and meets the requirements of this chapter and all applicable building and safety code requirements, and that the applicant possesses the financial, technical and managerial expertise to construct, operate and maintain facilities in the rights-of-way. If the applicant is certified or authorized by the Public Utilities Commission of Ohio to provide service in Ohio, applicant shall be presumed to have such expertise.
(b) The City Manager and City Engineer shall approve or reject the application within thirty (30) days of applicant’s filing a completed application setting forth all required information, drawings and exhibits.
(c) The permit shall be signed by the City Manager and City Engineer and by the grantee or grantee’s duly authorized agent or representative and shall set forth the grantee’s consent and agreement to the terms of the permit.
(d) The permit shall be in the form required by the City Manager, and shall include in its terms the provisions of this chapter which set out the duties and obligations of grantees hereunder. (Ord. 2008-32. Passed 10-15-08.)
Upon grantee’s acceptance of the rights-of-way construction permit, grantee shall pay to the City a rights-of-way construction permit fee in an amount which the City Manager determines to permit the City to recover the direct incremental costs incurred by the City in inspecting and reviewing the application and associated information and drawings, and in approving such permit.
(Ord. 2008-32. Passed 10-15-08.)
(a) Grantee shall construct, place and install its facilities as set forth in its application and so as to not interfere with travel and proper use of streets, alleys, and other public ways and places by the public and to not interfere with the rights and reasonable convenience of property owners who adjoin any of the said streets, alleys or other public ways and places. Grantee's use of the rights-of-way shall be secondary to the use thereof by the traveling public (including pedestrians and other proper public uses). Damage to and repair of pedestals, vaults, manholes or other facilities of the grantee in the rights-of-way caused by street plowing, street cleaning and other activities carried out by the City to facilitate such travel and public use shall be the responsibility of the grantee and no claim may be made against the City in respect thereto.
(b) In all sections of the City where the cables, wires, or other like facilities of public utilities are placed underground, grantee shall place its cables, wires or other like facilities underground.
(c) Grantee shall construct, place and install its facilities so that cables, wires, poles and other facilities shall conform to the pattern of the existing public utility cables, wires, poles and other facilities and to minimize any damage, destruction or disturbance of the rights-of-way (including trees, shrubbery and improvements located thereon).
(d) Grantee shall relocate, either overhead or underground, its cables, wires, poles or other facilities when the City determines that such relocation is necessary for public travel upon and use of the rights-of-way.
(Ord. 2008-32. Passed 10-15-08.)
In case of damage, destruction or disturbance of any street, sidewalk, alley, public way, paved area, tree lawn or other portion of the rights-of-way (including trees, shrubbery, and improvements thereon) by grantee, grantee shall, without delay and at its own cost and expense and in a manner approved by the City Engineer, replace and restore such street, sidewalk, alley, public way, paved area, or portion of the rights-of-way (including trees, shrubbery, and improvements thereon) to its former state of usefulness, repair and condition, paved, seeded, mulched, replanted, or sodded in a manner and with the same type, quality, and condition of materials that will match those damaged, destroyed or disturbed and those of the adjacent property so that disturbed area is in as good a condition as before the work involving such disturbance was done. In the event grantee, after ten (10) days advance notice, fails or refuses to commence, pursue and complete such replacement and restoration work, the City shall have the authority, but not the obligation, to complete such restoration and to require grantee to pay to the City the cost of such restoration. In the event that the restoration of the disturbed area, or the area adjacent thereto, deteriorates at a faster rate than that which would have occurred had grantee not damaged, destroyed or disturbed the area, then in that event, grantee shall repair, replace, or restore such areas to their original condition prior to the disturbance. Any such deterioration occurring within the five (5) year period following the disturbance will be presumed to result from grantee's actions and disturbance of the area. Any trees in the disturbed area or the area adjacent thereto that die within said five (5) year period will be presumed to have died as a result of grantee's actions and disturbance of the area. (Ord. 2008-32. Passed 10-15-08.)
If the City shall elect to alter or change the grade of any street, sidewalk, alley or other public way, or to change the location of or engage in the construction, reconstruction, maintenance or repair of any public property, structure or facility, or to engage in any public improvements, and if as a result thereof it is deemed necessary by the City for grantee to move, relocate, change, alter or modify any of its facilities or structures in order to assure the public’s unencumbered continued use of the rights-of-way for travel and other proper public uses, then in such event and upon reasonable written notice of not less than sixty (60) days, grantee at its sole cost shall promptly move, relocate, change, alter or modify its facilities. In the event grantee, after such notice, fails or refuses to commence, pursue and complete such relocation work within a reasonable time, the City shall have the authority, but not the obligation, to move, remove, relocate, change, alter, modify or abate such structures or facilities and to require grantee to pay to the City the cost of such relocation, alteration, or modification. In the event of an emergency which threatens the health or safety of the public requires the relocation, alteration, or removal of the facilities, the City will attempt to notify promptly the grantee and Grantee shall have the right to move, alter, or remove the facilities from the rights-of-way.
(Ord. 2008-32. Passed 10-15-08.)
Grantee shall, on the request of any person holding an appropriate permit issued by the City, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting the same, and grantee shall have the authority to require such payment in advance. Grantee shall be given not less than ten (10) business days advance notice to arrange for such temporary wire changes. (Ord. 2008-32. Passed 10-15-08.)
Subject to applicable City Ordinances, grantee shall have the authority to trim trees upon and overhanging streets, alleys, sidewalks, and public ways and places of the City so as to prevent the branches of such trees from coming in contact with the wires, cables and equipment of the grantee, except that at the option of the City, such trimming may be done by it or under its supervision and direction at the expense of the grantee.
(Ord. 2008-32. Passed 10-15-08.)
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