(a) Annual Registration Required.
(1) Each Service Provider with Facilities located in the Right-of-Way shall register with the Village every calendar year between January 1 and January 31 on a form provided by the Building Official.
(2) The Building Official shall issue a Certificate of Registration to a Service Provider after determining that the Service Provider has complied with the annual registration requirements.
(3) The Certificate of Registration shall be valid for the calendar year in which it is issued and shall be renewed on an annual basis thereafter.
(b) Information Required for Annual Registration. Registration application forms will be provided by the Building Official and shall require the following information:
(1) The identity, legal status and federal tax identification number of the Service Provider, including affiliates, with Facilities in the Right-of-Way or who are in any way responsible for Facilities located in the Right-of- Way.
(2) The name, address and telephone number of the local officer, agent or employee responsible for the accuracy of the registration information and available at all reasonable times to be notified in case of emergency.
(3) A general description of the Service provided, or to be provided, by the Service Provider over its Facilities, and a description of the type of transmission medium used by the Service Provider.
(4) Evidence that the Service Provider is in compliance with the Insurance, Indemnity and Performance Bond requirements of this Chapter.
(5) Any other information the Building Official may reasonably require relevant the policies and procedures of this Chapter.
(c) Registration Information to be Kept Current. Each Service Provider shall keep the required annual registration information current at all times and shall provide the Village with notice of changes to that information within fifteen (15) days following the date on which the Service Provider has notice of such change.
(d) Service Provider Insurance. To obtain or renew a Certificate of Registration, a Service Provider must secure and maintain, at a minimum, the following liability insurance policies insuring the Service Provider, and naming the Village, its elected and appointed officers, officials, agents, employees and representatives as additional insureds:
(1) Comprehensive general liability insurance with limits not less than
A. Five million dollars ($5,000,000) for bodily injury or death to each Person;
B. Five million dollars ($5,000,000) for property damage resulting from any one accident; and
C. Five million dollars ($5,000,000) 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) for each Person and three million dollars ($3,000,000) 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).
(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).
(5) The liability insurance policies required by this Section shall be maintained by the Service Provider throughout the period of time during which the Service Provider has Facilities in the Right-of-Way, or is engaged in the removal of its Facilities. 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 sixty (60) days after receipt by the Village, by registered mail, of a written notice addressed to the ____________ of such intent to cancel or not to renew.”
(6) Within sixty (60) days after receipt by the Village of said notice, and in no event later than thirty (30) days prior to said cancellation, the Service Provider shall obtain and furnish to the Village replacement insurance policies meeting the requirements of this Section.
(7) Upon written application to, and written approval by, the Director of Law, a Service Provider may be self-insured to provide all of the same coverages as listed in this Section; except that all coverages for Workers’ Compensation shall be in compliance with State law. No approval for self- insurance shall be given until the Director of Law has made a complete review of the Service Provider’s financial ability to provide such self- insurance. As part of the review process, the Director of Law may require, and the self-insurance applicant shall provide, any and all financial documents necessary to make a valid determination of the applicant’s ability to meet the needs of this Chapter.
(e) General Indemnification. Each annual registration, shall include, to the extent permitted by law, the Service Provider’s express undertaking to defend, indemnify and hold the Village and its elected and appointed officers, officials, employees, agents, representatives and subcontractors harmless from and against any and all damages, losses and expenses, including reasonable attorney’s fees and costs of suit or defense, arising out of, resulting from or alleged to arise out of or result from the negligent, careless or wrongful acts, omissions, failures to act or misconduct of the Service Provider or its affiliates, officers, employees, agents, contractors or subcontractors relating to the Service Provider’s use of the Right-of-Way, whether such acts or omissions are authorized, allowed or prohibited by this Chapter.
(f) Performance Bond. As a condition of receiving the initial or annual Certificate of Registration, and to ensure the full and complete compliance with, and performance under this Chapter, including any costs, expenses, damages or loss the Village pays or incurs because of any failure attributable to the Service Provider to comply with the codes, ordinances, rules, regulations or permits of the Village, each Service Provider shall, in the amount of fifty thousand dollars ($50,000) or such lesser amount as the Building Official may determine to be necessary (i) provide an unconditional letter of credit, or other instrument acceptable to the Village, or (ii) furnish and file with the Village a Performance Bond running to the Village in the required amount from a company licensed to do business in the State of Ohio; which performance bond or letter of credit or other instrument shall be maintained at the sole expense of the Service Provider so long as any of the Service Provider’s Facilities are located within the Village’s Right-of-Way.
(1) Before claims are made against the Performance Bond or letter of credit or other instrument, the Village shall give written notice to the Service Provider:
A. Describing the act, default or failure to be remedied, or the damages, cost or expenses which the Village has incurred by reason of the Service Provider’s act or default;
B. Providing a reasonable opportunity for the Service Provider to remedy the existing or ongoing default or failure, if applicable;
C. Providing a reasonable opportunity for the Service Provider to pay any monies due before the Village makes a claim against the Performance Bond or letter of credit or other instrument;
D. That the Service Provider will be given an opportunity to review the act, default or failure described in the notice with the Village.
(2) A Service Provider shall maintain the full value of the Performance Bond or letter of credit or other instrument regardless of claims against the Performance Bond or letter of credit or other instrument made by, or paid to, the Village.
(3) Any draw upon the Performance Bond or letter of credit to recover the Village’s costs related to a Service Provider’s use of the Right-of-Way shall be considered Public Way Fees as that term is defined in Chapter 4939 of the Ohio Revised Code and shall be assessed by the Village in accordance with Chapter 4939 and any other applicable law.
(g) Denial or Revocation of Registration; Appeal.
(1) The Building Official may refuse to issue, or may revoke, a Certificate of Registration if he or she determines that the Service Provider has performed work in a careless or irregular manner resulting in repeated or continuing violations of this Chapter, the policies and procedures developed pursuant to this Chapter or other Village Ordinances, or when the Building Official has evidence that the performance bond or insurance required are no longer in effect. The Building Official shall give the Service Provider notice of such denial or revocation by certified or return receipt mail at the address provided on the application for registration or Certificate of Registration. The notice of denial or revocation shall state in detail the facts and conclusions upon which the denial or revocation is based.
(2) Any Service Provider whose application for registration has been denied or who’s Certificate of Registration has been revoked, may appeal the denial or revocation to the Planning and Zoning Commission. An appeal shall be submitted and heard according to the rules and procedures of the Commission. An appeal must be filed within ten (10) days of receipt of the written verification of such denial or revocation.
(Ord. 2007-36. Passed 12-11-07; Ord. 2014-03. Passed 4-8-14.)