(a) Certificate of Registration Applications. To obtain a Certificate of Registration to construct, own, or maintain any system within the Municipality, or to obtain a renewal of a Certificate of Registration issued pursuant to this Chapter, an Application must be filed with the Municipality on the form adopted by the Municipality which is hereby incorporated by reference. For all Applications the Municipality shall collect an Application Fee. The Application Fee shall be equal to all the actual and direct costs incurred by the Municipality that are associated with receiving, reviewing, processing and granting (or denying) an Application. At the time of its decision to either grant or deny an Application the Municipality shall calculate and assess all actual and direct costs involved in receiving, reviewing, processing and granting (or denying) the Application and provide a written invoice to the Applicant for the appropriate amount. The Municipality shall require that the Applicant remit all Application Fee amounts invoiced within thirty (30) days of its decision to either grant or deny a Certificate of Registration. Any Applicant who fails to timely remit such invoiced Application Fee amounts shall be subject to the penalties of this Chapter, the imposition of any other legal or equitable remedies available to the Municipality and the immediate revocation of any Certificate of Registration having been issued.
(b) Information Required for Application to Obtain a Certificate of Registration.
(1) The Applicant shall keep all of the information required in this section current at all times, provided further that Applicant or Provider shall notify the Municipality of any changes to the information required by this section within thirty (30) days following the date on which the Applicant or Provider has knowledge of such change. The information provided to the Municipality at the time of Application shall include, but not be limited to:
A. Each Applicant's name, legal status (i.e. partnership, corporation, etc.), street address and e-mail address, if applicable, and telephone and facsimile numbers; and
B. The name, address and e-mail address, if applicable, and telephone and facsimile numbers of a System Representative. The System Representative shall be available at all times. Current information regarding how to contact the System Representative in an Emergency shall be provided at the time of Application and shall be updated as necessary to assure accurate contact information is available to the Municipality at all times; and
C. A certificate of insurance where required to be provided to meet the requirements of this Section shall:
1. Verify that an insurance company licensed to do business in the State of Ohio has issued an insurance policy to the Applicant;
2. Verify that the Applicant is insured on an occurrence basis against claims for personal injury, including death, as well as claims for property damage arising out of the:
i. Use and occupancy of the Rights of Way by the Applicant, its officers, agents, employees and contractors; and
ii. Placement and use of Facilities in the Rights of Way by the Applicant, its officers, agents, employees and contractors, including, but not limited to, protection against liability arising from any and all operations, damage of Underground Facilities and collapse of property;
3. Name the Municipality, its elected officials, officers, employees, agents and volunteers as an additional insured as to whom the comprehensive general liability and completed operation and products liability insurance required herein are in force and applicable and for whom defense will be provided as to all such coverage, as is required within Chapter 931.
4. Require that the Municipality be notified thirty (30) days in advance of cancellation of, or coverage changes in, the policy. The liability insurance policies required by this section shall contain the following endorsement:
i. "It is hereby understood and agreed that this policy may not be diminished in value, canceled nor the intention not to renew be stated, until thirty (30) days after receipt by the Municipality, by registered mail, return receipt requested, of a written notice addressed to the Mayor or her/his designee of such intent to cancel, diminish or not to renew."
Within thirty (30) days after receipt by the Municipality of said notice, and in no event later than five (5) days prior to said cancellation, the Provider (or Applicant) shall obtain and furnish to the Mayor a certificate of insurance evidencing replacement insurance policies.
5. Satisfy the requirements for comprehensive liability coverage, automobile liability coverage and umbrella coverage as follows:
i. Comprehensive general liability insurance: comprehensive general liability insurance to cover liability, bodily injury, and property damage must be maintained. Coverage must be written on an occurrence basis, with the following minimum limits of liability and provisions, or their equivalent:
a. Bodily injury:
Each occurrence - One Million Dollars
(US$1,000,000.00)
Annual aggregate- Three Million
Dollars
(US$3,000,000.00)
b. Property damage:
Each occurrence - One Million Dollars
(US$1,000,000.00)
Annual aggregate - Three Million
Dollars
(US$3,000,000.00)
c. Personal Injury:
Annual aggregate - Three Million
Dollars
(US$3,000,000.00)
d. Completed operations and products liability shall be maintained for six (6) months after the termination of a Certificate of Registration.
e. Property damage liability insurance shall include coverage for the following hazards: E – explosion, C – collapse, U – underground.
ii. Comprehensive auto liability insurance: Comprehensive auto liability insurance to cover owned, hired, and non-owned vehicles must be maintained. Applicant may maintain comprehensive auto liability insurance as part of Applicant's comprehensive general liability insurance, however, said insurance is subject to approval by the Mayor or her or his designee. Coverage must be written on an occurrence basis, with the following limits of liability and provisions, or their equivalent:
a. Bodily injury:
Each occurrence - One Million Dollars
(US$1,000,000.00)
Annual aggregate - Three Million
Dollars
(US$3,000,000.00)
b. Property damage:
Each occurrence - One Million Dollars
(US$1,000,000.00)
Annual aggregate - Three Million
Dollars (US$3,000,000.00)
(2) Additional insurance: The Municipality reserves the right to require any other insurance coverage it deems necessary after review of any proposal submitted by Applicant.
(3) Self-insurance: Those Applicants maintaining a book value in excess of Fifty Million Dollars (US$50,000,000.00) may submit a statement requesting to self-insure. If approval to self-insure is granted, Applicant shall assure the Municipality that such self- insurance shall provide the Municipality with no less than would have been afforded to the Municipality by a third party insurer providing Applicant with the types and amounts of coverage detailed in this Section. This statement shall include:
A. Audited financial statements for the previous year; and
B. A description of the Applicant's self-insurance program; and
C. A listing of any and all actions against or claims made against Applicant for amounts over One Million Dollars (US$1,000,000.00) or proof of available excess umbrella liability coverage to satisfy all total current claim amounts above Fifty Million Dollars (US$50,000,000.00).
D. The Mayor may modify or waive these requirements if they are not necessary in determining the sufficiency of the self-insurance. The Mayor may request applicable and pertinent additional information if it is necessary in determining the sufficiency of the self-insurance.
(5) Documentation that Applicant or Provider maintains standard workers' compensation coverage as required by Law. Similarly, Provider shall require any subcontractor to provide workers' compensation coverage in amounts required by Law for all of the subcontractor's employees.
(6) If the Person is a corporation, upon specific request of the Municipality, a copy of the certificate of incorporation (or its legal equivalent) as recorded and certified to by the secretary of state (or legal equivalent) in the state or country in which incorporated.
(7) A copy of the Person's certificate of authority from the PUCO and/or the FCC and/or FERC, if the Person is lawfully required to have or actually does possess such certificate from said commission(s) and any other approvals, permits, or agreements as set out in Section 931.02(i).
(8) Upon request of the Municipality, a narrative (or if applicable PUCO/FCC/FERC application information) describing Applicant's proposed activities in the Municipality including Credible information detailing Applicant's financial, managerial, and technical ability to fulfill Applicant's obligations under Chapter 931 and carry on Applicant's proposed activities.
(c) Criteria for Issuance of a Certificate of Registration.
(1) In deciding whether to issue a Certificate of Registration, the Municipality shall consider:
A. Whether the issuing of the Certificate of Registration will contribute to the health, safety, and welfare of the Municipality and its citizens.
C. Whether Applicant has submitted a complete Application and has secured all certificates and other authorizations required by Law in order to Construct and operate a System in the manner proposed by the Applicant.
D. Whether the Applicant is delinquent on any taxes or other obligations owed to the Municipality, County or State of Ohio.
E. Unless Applicant is otherwise exempted from such consideration by O.R.C. 4939.03, whether the Applicant has the requisite financial, managerial, and technical ability to fulfill all its obligations under this Chapter and the issuance of a Certificate of Registration.
F. Any other applicable Law.
(d) Grant or Denial of an Application for a Certificate of Registration.
(1) The Municipality, not later than sixty (60) days after the date of filing by an Applicant of a completed Application, shall grant or deny the Application.
(2) If an Application for a Certificate of Registration is denied, the Municipality shall provide to the Applicant, in writing, the reasons for denying the Application and such other information as the Applicant may reasonably request to obtain consent.
(e) Obligations of a Provider Upon Receipt of a Certificate of Registration. In addition to the other requirements set forth herein and in the Rules and Regulations each Provider shall:
(1) Use its Best Efforts to cooperate with other Providers and users of the Rights of Way and the Municipality for the best, most efficient, and least obtrusive use of Rights of Way, consistent with safety, and to minimize traffic and other disruptions including street cuts; and
(2) When possible, participate in joint planning, Construction and advance notification of Rights of Way work, as may be required by the Municipality; and
(3) Upon reasonable written notice, and at the direction of the Mayor or his/her designee, promptly remove or rearrange Facilities as necessary for public safety; and
(4) Perform all work, Construction, maintenance or removal of Facilities within the Rights of Way, in accordance with good engineering, construction and arboricultural practice (if applicable), including any appropriate state building codes, safety codes and Law and use Best Efforts to repair and replace any street, curb or other portion of the Rights of Way, or Facilities located therein, to a condition to be determined by the Municipality Engineer to be adequate under current standards and not less than materially equivalent to its condition prior to such work and to do so in a manner which minimizes any inconvenience to the public, the Municipality and other Providers, all in accordance with all applicable provisions of this Chapter, any Rules and Regulations the Municipality may adopt and the Code; and
(5) Construct, install, operate and maintain its Facilities and System in a manner consistent with all applicable Laws, ordinances, construction standards and governmental requirements including, but not limited to, The National Electric Safety Code, National Electric Code and applicable FCC, FERC, or other federal, state and/or local regulations; and
(6) Be on notice that removal of trees, or the use of vegetation management programs within the Rights of Way of the Municipality require prior written approval by the Mayor or his/her designee. Any such activities, unless an Emergency, shall only be performed following the prior written approval of the Mayor or his/her designee and must be performed in accordance with standard horticultural and arboreal practices as promulgated by entities such as the National Arbor Day Foundation, the International Society of Arboriculture, and the Tree Care Industry, all as may be required by the Municipality. Pruning shall at a minimum meet or exceed the requirements of the most current version of the American National Standards Institute ANSI A300 standard. Any additionally required horticultural and arboreal practices and guidelines shall be described in the Rules and Regulations adopted by pursuant to Section 931.05(e). Emergency removal of trees or the use of vegetation management programs within the Rights of Way of the Municipality may be performed in Rights of Way as described herein and in accordance with the Rules and Regulations, but the Mayor shall be provided notice of such Emergency work being performed within two (2) Business Days of the start of the work. Any non-Emergency tree removal or the use of vegetation management programs within the Rights of Way that is performed without the Mayor or designee's written permission shall subject a Person to the penalties of Section 931.99 and may further require that the tree or vegetation be replaced, at the sole expense of the responsible Person, with a healthy tree or vegetation of like kind and quality; and
(7) Warrant that all worker facilities, conditions and procedures that are used during Construction, installation, operation and maintenance of the Provider's Facilities within the Rights of Way shall comply with all applicable standards of the Federal Occupational Safety and Health Administration; and
(8) Use its Best Efforts to cooperate with the Municipality in any Emergencies involving the Rights of Way; and
(9) Provider shall, weather permitting, remove all graffiti within twenty-one (21) calendar days of notice. Provider shall use all reasonable efforts to remove any and all graffiti on any of the Provider's Facilities located within the Municipality Rights of Way. Should the Provider fail to do so, the Municipality may take whatever action is necessary to remove the graffiti and bill the Provider for the cost thereof; and
(10) Providers shall use all reasonable efforts to field identify their Facilities in the Rights of Way whenever Providers are notified by the Municipality that the Municipality has determined that such identification is reasonably necessary in order for the Municipality to begin planning for the Construction, paving, maintenance, repairing, relocating or in any way altering any street or area in the Rights of Way as defined in this Chapter. The Municipality shall notify the Providers of the Municipality's date to begin the process at least ninety (90) days prior to the commencement of said activities. In field identifying Facilities:
A. Providers shall identify all Facilities that are within the affected Rights of Way using customary industry standards and distinct identification; and
B. Facilities will be so marked as to identify the Provider responsible for said Facilities; and
C. Should any such marking interfere with the Facilities function, create a safety problem or violate any safety code, alternative methods of marking the Facilities may be approved by the Engineer; and
D. All marking should be clearly readable from the ground and include Provider's name, logo and identification numbering or tracking information. No advertising will be permitted.
(11) A Provider that is replacing an existing utility pole shall be responsible to coordinate with all other Providers to ensure the orderly transfer of all lines or cables to the replacement utility pole, the removal of the existing utility pole, and the restoration of the Rights of Way within thirty (30) days weather permitting after the replacement utility pole is installed. Upon request, the Mayor may grant the Provider additional time for good cause.
(f) Establishment of Utility Corridors.
(1) Council may assign specific corridors within the Rights of Way, or any particular segment thereof as may be necessary, for each type of Facilities that are, or , may someday be, located within the Rights of Way.
(2) Any Provider whose Facilities are in the Rights of Way and are in a position at variance with Utility Corridors established by the Municipality Council shall at the time of the next Construction of the area, excluding normal maintenance activities, move such Facilities to their assigned position within the Rights of Way. Existing underground Facilities located within a designated Utility Corridor shall not be required to relocate into adjacent or alternative portions of the Rights of Way unless they are in conflict with an actual or proposed public improvement project. The above requirements may be waived by the Mayor for good cause shown including, but not limited to, consideration of such factors as: the remaining economic life of the Facilities, public safety, customer service needs, Law precluding such undergrounding of Facilities, and hardship to the Provider. If a Provider is denied a requested waiver from the above requirements, the Provider may appeal the denial of the Mayor to Council.
(3) The municipality shall make every good faith attempt to accommodate all existing and potential users of the Rights of Way as set forth in this Chapter.
(4) Providers may enter into written agreements to use existing poles and conduits with the owners of same and shall use Best Efforts to install their Facilities within the Rights of Way.
(5) No Facility placed in any Rights of Way shall be placed in such a manner that interferes with normal travel on such Rights of Way.
(6) Unless otherwise stated in a Certificate of Registration, Permit, or Section 931.03(f)(6)C., all Facilities within the Rights of Way shall be Constructed and located in accordance with the Code and with the following provision:
A. Whenever all existing Facilities that have been traditionally located overhead are located underground in a certain area within the Municipality, a Provider who desires to place its Facilities in the same area must also locate its Facilities underground.
B. Whenever a Provider is required to locate or re-locate Facilities underground within a certain area of the Municipality, every Provider with Facilities within the same area of the Municipality shall concurrently re-locate their Facilities underground.
C. The above requirements may be waived by the Municipality for good cause shown including, but not limited to, consideration of such factors as: the remaining economic life of the Facilities, public safety, customer service needs, Law precluding such undergrounding of the Facilities, and hardship to the Provider. If a Provider is denied a requested waiver from the above requirements, the Provider may appeal the denial of the Municipality Engineer to the Mayor.
(Ord. 17-2021. Passed 5-4-21.)