933.04 GRANT OF PERMIT.
(a) Application. Any proposed Permittee who desires to use the Municipality’s Streets and other rights-of-way as provided herein shall file ten (10) copies of an application for approval of permit with the City’s Building Department. Copies of the application are for review by the Planning and Zoning Commission members and agencies or consultants requested to review the plans by the Commission. The application shall include, at a minimum, the following information and documents:
(1) Complete identification of the proposed Permittee, including the name, permanent and temporary address, telephone number and names of contact persons.
(2) Plans and specifications detailing the facilities and equipment proposed to be installed.
(3) Maps and drawings indicating the location of where all proposed facilities and equipment is proposed to be installed.
Any other information and/or documents as requested by the Building Commissioner or the Planning and Zoning Commission.
(b) Application Fees and Deposits. All applications for a Permit shall be accomplished by the following application fees and professional review fee deposits:
(1) Twenty-five dollars ($25.00) non-refundable Planning and Zoning Commission application fee to be submitted to the City’s Building Department.
(2) Two hundred dollars ($200.00) non-refundable Planning and Zoning Commission review fee to be submitted to the City’s Building Department.
(3) Five thousand dollars ($5,000.00) deposit, to pay for the costs of reviews by the City Engineer, Director of Law or any other consultant, to be submitted to the City’s Building Department. All consultant services shall be authorized by the Planning and Zoning Commission, the Mayor or City Council. Consultant fees shall be paid out of the funds deposited by the applicant upon itemized statements submitted by such consultant and approved by the Mayor. The applicant shall receive copies of all itemized statements. Should the funds on deposit become depleted prior to the completion of the review process, the applicant, upon notification by the City’s Director of Finance, shall re-deposit the amount as called for in the above schedule. Failure to re-deposit the amount as specified in the above schedule within five business days shall cause all work and review by the City and its consultants to cease immediately. No permit shall be issued and no city approval shall become effective until all outstanding consultant review fees have been paid in full by the applicant. Any amount remaining on deposit with the City shall be returned to the applicant upon the final completion and decision related to the application submitted to the Planning and Zoning Commission by the applicant for which the deposit had been made. No filing fees shall be refunded.
(c) Recommendation of Planning and Zoning Commission; Action by City Council. Upon review of the application for a proposed Permit together with any professional review report submitted in conjunction therewith, the Planning and Zoning Commission shall make its written recommendation to City Council to approve the application, approve the application with modifications and/or conditions, or deny the application. Upon receipt of the recommendation of the Planning and Zoning Commission, City Council may approve the recommendation, approve the recommendation with the modification and/or conditions or overturn the recommendation of the Planning and Zoning Commission. All decisions of the City Council shall be final and not appealable .
(d) Grant. In the event the Municipality approves the application, the Municipality hereby grants to the Permittee a non-exclusive and revocable Permit to make reasonable and lawful use of the streets and rights-of-way within the Municipality to erect, install, construct, and reconstruct a system within the Municipality for the purposes of delivering telecommunications services and other utilities to residents, businesses or other premises whether within the Municipality or otherwise subject to the conditions, terms and provisions contained in this chapter and in any prior utility or use agreements entered into with regard to any such properties. Subject to the terms of this chapter, this Permit shall constitute a non-exclusive right to make reasonable use of the streets, identified below, as may be necessary or convenient to carry out the terms of this chapter in the Municipality. The Municipality reserves the right to grant similar uses, licenses, franchises, permits, or any other rights with regard to the public rights-of-way or any other Municipal interest, to any other person. The rights granted under this chapter are also expressly subject to any rights granted previously by the Municipality to any person. The granting of this Permit may also be cause for the revocation of prior permits granted to the Permittee, as specified in such prior permits.
(e) Permit Area. The Permittee is authorized by this Permit to encroach with conduit, telecommunications cable (fiber optics) and other telecommunications and/or utility facilities as described in Exhibit A in the following streets of the Municipality
(LIST STREETS BY NAME HERE)
(f) Acceptance and Permit Fee. The Permittee shall pay to the Municipality an Acceptance Fee based on a formula of one dollar ($1.00) per lineal foot of streets traversed, and one thousand dollars ($1,000.00) per underground public street crossing to cover costs incurred by the Municipality for the use of the Municipality’s rights of way and for reviewing , enforcing, and granting this Permit along with construction inspection costs incurred by the Municipality. This acceptance fee shall be submitted to the Municipality’s Building Department.
(g) Use of Streets and Rights-of-Way. Subject to the Municipality’s supervision and control, the Permittee may erect, install, construct and reconstruct, in, over, under, upon, across and along the streets and rights-of-way and public easements within the Permit area such telecommunications and/or other utility system for the sole purpose of providing telecommunications and/or other utility services whether within the Municipality or otherwise. The Permittee shall comply with all applicable construction codes, laws, ordinances, regulations and procedures, now in effect or enacted hereafter. The Permittee, through this Permit, is granted extensive and valuable rights to operate its system for profit or otherwise using the Municipality’s rights-of-way and streets within the Permit area in compliance with all applicable construction codes laws, ordinances, regulations, and procedures, now in effect or hereafter, and procedures of the Municipality.
(h) Force and Effect. This revocable Permit shall be of no force or effect until the following requirements have been complied with:
(1) The Permittee shall have filed a written acceptance of the terms and conditions of this Permit together with the Acceptance Fee with the City’s Building Department. Said acceptance shall be substantially the following form:
Date:____________
We the undersigned do hereby accept all of the terms and conditions recited in Ordinance No. ________ as amended, and contained in this permit. The name and address of our representative to whom notices shall be sent is as follows: ____________________________________________________________
___________________________________________________________
The proposed system design is attached hereto as Exhibit “A”.
Signed by: ____________
(Permittee) ____________
By: __________________
(Name of Officer)
(2) The Permittee shall have filed all insurance policies and certificates herein recited with the Municipality’s Law Director, who shall notify the Building Commissioner or his designee, in writing, that such policies and certificates are acceptable to the Municipality;
(3) The Permittee shall file a copy of the appropriate authorization from the Public Utilities Commission of the State of Ohio with the Building Commissioner or his designee; and
(4) The Building Commissioner shall have certified in writing to the Mayor and Clerk of Council that the foregoing requirements have been performed.
(i) Permit Non-exclusive. This Permit shall be non-exclusive, and subject to all prior rights, interests, easements or licenses granted by the Municipality or its predecessors to any Person to use any property, right-of-way, easement, right, interest or license for any purpose whatsoever, including the right of the Municipality to use same for any purpose it deems fit, including the same or similar purposes allowed the Permittee hereunder. The Municipality may at any time grant authorization to use the streets and rights-of-way for any purpose as the Municipality deems appropriate.
(j) Police Powers. The Permittee’s rights hereunder are subject to the police powers of the Municipality to adopt and enforce ordinances necessary to the safety, health, and welfare of the public, and the Permittee agrees to comply with all applicable laws and ordinances enacted, or hereafter enacted, by the Municipality or any other legally-constituted governmental unit having lawful jurisdiction over the subject matter hereof. The Municipality reserves the right to exercise its police powers, notwithstanding anything in this Permit to the contrary, and any conflict between the provisions of the Permit and any other present or future lawful exercise of the Municipality’s police powers shall be resolved in favor of the latter.
(k) PUCO Authority. The Permittee shall obtain, prior to the beginning of any construction, authority from the Public Utilities Commission of the State of Ohio, to provide telecommunication services and/or other utilities, if the same is required by law.
(l) Cable Operators Subject to Franchise. The Permittee shall not provide any additional services without first obtaining a separate permit from the Municipality, or amending this Permit, and shall not allow the use of the system for content services by itself, its affiliates or any service provider (including video dialtone and cable television), unless the service provider has been granted a permit or franchise for such service by the Municipality. Concerning cable television, the Permittee shall neither operate as a “cable operator” as that term is defined in the Cable Act, 47 U.S.C. 522(4), nor provide or offer to provide “cable service” as that term is defined in the Cable Act, 47 U.S.C. 522(5) under the Permit without first obtaining a franchise to do so. Permittee shall not provide or offer to provide any other video and/or audio services offered by cable operators to residential end users under this Permit without first obtaining a franchise to do so. This Permit is granted to the Permittee solely for the purpose of directly serving its end-user customers and common carriers.
(Ord. 22-2000. Passed 5-8-01.)