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(a) Location of Facilities. All Facilities shall be Constructed, Reconstructed, installed and located in accordance with the following terms and conditions:
(1) Facilities shall be installed within an existing compatible underground duct or conduit whenever Excess Capacity exists within such Facility.
(2) Unless application of this provision is specifically prohibited by state or federal law, a Service Provider with permission to install Overhead Facilities shall install its Facilities on pole attachments to existing utility poles only, and then only if Surplus Space is available; and no pole located within the Public Right-of-Way shall exceed fifty (50) feet in height unless approved by City Council ordinance.
(3) Whenever the existing electric, cable, telecommunications and other similar Facilities are located underground in a certain area in a Public Right-of-Way, a Service Provider with permission to Occupy the same Public Right-of-Way with the electric, cable, telecommunications or other similar Facilities, must also locate its Facilities underground to the extent technologically feasible and economically practicable.
(4) Whenever a Service Provider is required to locate or relocate Facilities underground in a certain area of the Right-of-Way, every Provider with Facilities within the same certain area of the Right-of-Way shall concurrently relocate their Facilities underground. This requirement may be waived by the City for good cause shown including consideration of such factors as: the remaining economic life of the Facilities, public safety, customer service needs, any Law precluding such undergrounding of the Facilities, and hardship to the Provider, as determined by the Director. If a Provider is denied a requested waiver from the above requirements, the Provider may appeal the denial of the Director to the Mayor as set forth in Section 904.99(c). Notwithstanding the above, no Service Provider shall be required to bear the expense of relocation or undergrounding of any Facilities if such requirement would be prohibited by law.
(5) Except for Overhead Facilities as provided herein, no Facilities shall be located above ground in a Public Right-of-Way without the express written permission of the Director.
(6) The City reserves the right to require a Service Provider to provide Excess Capacity in the Public Right-of-Way at the time of Construction, Reconstruction, installation, location or relocation of Facilities.
(b) Excess Capacity. To reduce Excavation in the Public Right-of-Way, it is the City's goal to encourage Service Providers to share occupancy of underground conduit as well as to construct, whenever possible, excess conduit capacity for occupancy of future Facilities in the Public Right-of-Way. Therefore, if a Service Provider is constructing underground conduit in the Public Right-of-Way for its own Facilities, and the City reasonably determines such construction is in an area in which other Service Providers would likely construct Facilities in the future, the City may require the Service Provider to construct the conduit in the Public Right-of-Way with Excess Capacity in the Public Right-of-Way, provided the Service Provider shall be reimbursed for the use of the Excess Capacity by another Service Provider, and subject to good engineering practices approved by the Director. The Service Provider may charge a reasonable market lease rate for occupancy of the additional conduit space as reimbursement.
(c) City Owned Conduit. If the City owns or leases conduit in the path of a Service Provider's proposed Facilities, and provided it is technologically feasible and not economically impracticable for the Service Provider's Facilities to Occupy the conduit owned or leased by the City, the Service Provider shall be required to Occupy the conduit owned or leased by the City in order to reduce the necessity to Excavate the Public Right-of-Way. The Service Provider shall pay to the City a Public Way Fee that is assessed pursuant to Section 904.08 for such Occupancy.
(d) Relocation or Removal of Facilities. Within thirty (30) days following written notice from the City, a Service Provider shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any Facilities in the Public Right-of-Way, or commence such work if the City determines completion within 30 days is unnecessary or overly burdensome, whenever the City shall have determined that such removal, relocation, change or alteration is reasonably necessary for:
(1) The Construction, Reconstruction, repair, maintenance or installation of any City or other public improvement, in, upon, or near the Public Right-of-Way;
(2) The operations of the City or other governmental entity in or upon the Public Right-of-Way;
(3) When the public health, safety, and welfare requires it, or when necessary to prevent interference with the safety and convenience of ordinary travel over the Public Rights of Way; or
(4) The sale, conveyance, vacation, or narrowing of all or any part of the Public Right-of-Way. Notwithstanding the foregoing, a Service Provider who has Facilities in the Public Rights-of-Way subject to a vacation or narrowing that is not required for the purposes of the City, shall have a permanent easement in such vacated portion or excess portion in conformity with Ohio Revised Code Section 723.041.
Notwithstanding the above, no Service Provider shall be required to bear the expense of removal, relocation, change or alteration of position of any Facilities if such requirement would be prohibited by law.
(e) Removal of Unauthorized Facilities. Within thirty (30) days following written notice from the City, any Service Provider or other Person that owns, controls or maintains any unauthorized System, Facility or related appurtenances in the Public Right-of-Way shall, at its own expense, remove those Facilities or appurtenances from the Public Right-of-Way of the City or shall arrange to sell the System, Facilities or appurtenances to the City, unless removal or sale is prohibited by state or federal law. A System or Facility is unauthorized and subject to removal, following notice, in the following circumstances:
(1) Upon revocation of the Service Provider's consent to Occupy or Use the Public Right-of-Way;
(2) If the System or Facility was Constructed, Reconstructed, installed, operated, located or maintained without the consent to do so, except as otherwise provided by this chapter;
(3) Upon abandonment of a Facility in the Public Right-of-Way, with the exception of underground facilities abandoned in a manner authorized and approved by the City;
(4) If the System or Facility was Constructed, Reconstructed, installed, operated, located or maintained, or any Excavation of a Public Right-of-Way was performed, without prior issuance of a required Construction Permit, except as otherwise provided by this chapter;
(5) If the System or Facility was Constructed, Reconstructed, installed, operated, located or maintained, or any Excavation of a Public Right-of-Way was performed, at a location not permitted pursuant to the City's consent to Occupy or Use the Public Right-of-Way or Construction Permit; or
(6) If the Service Provider fails to comply with the Registration requirements of Section 904.03 of this chapter.
(f) Failure to remove or relocate Facilities. If the Service Provider fails to remove or relocate any of its Facilities within the thirty (30) days period set forth in subsection (e) of this Section 904.05, or receive an extension of time from the Director for commencement and completion of removal or relocation, then, to the extent not inconsistent with applicable law, the City shall have the right, but not the obligation, to do the following:
(1) Declare that all rights, title and interest to the Facilities belong to the City with all rights of ownership, including, but not limited to, the right to connect and use the Facilities or to effect a transfer of all right, title and interest in the Facilities to another Person for operation; or
(2) Authorize removal of the Facilities installed by the Service Provider in, on, over or under the Rights of Way of the City at Service Provider's cost and expense, by another Person; however, the City shall have no liability for any damage caused by such action and the Service Provider shall be liable to the City for all reasonable costs incurred by the City in such action; and
(3) To the extent not inconsistent with applicable law, any portion of the Service Provider's Facilities in, on, over or under the Public Right-of-Way of the City designated by the City for removal and not timely removed by the Service Provider shall belong to and become the property of the City, without payment to the Service Provider, and the Service Provider shall execute and deliver such documents, as the City shall request, in form and substance acceptable to the City, to evidence such ownership by the City.
(g) Emergency Removal or Relocation of Facilities. The City retains the right and privilege to cut or move any Facilities, or stop work on any Construction, Reconstruction, installation, operation or Excavation, located in the Public Right-of-Way of the City, as the City may determine to be necessary, appropriate or useful in response to any need to protect the public health, safety or welfare; except to the extent that the City's actions would cause a dangerous or potentially dangerous situation.
(Ord. 59-16. Passed 4-3-17.)
(a) Notice of Work, Generally. Except in case of Emergency, as provided in Section 904.06(c), or for Routine Maintenance as provided in Section 904.06(b), no Service Provider, or any Person acting on the Service Provider's behalf, shall commence any work in the Public Right-of-Way of the City or Other Ways without forty-eight (48) hours advance notice to the City, obtaining a Construction Permit pursuant to Section 904.07, if required, and obtaining consent to Occupy or Use the Public Right-of-Way pursuant to Section 904.02, if required. The Service Provider shall further notify the Ohio Utility Protection Service (OUPS) not less than forty-eight (48) hours in advance of any Excavation or work in the Public Right-of-Way.
(b) Routine Maintenance and New Service Orders.
(1) A Service Provider need not obtain a Construction Permit or notify the City prior to or after commencing any Routine Maintenance or New Service Orders that do not include the Construction in, or Excavation or Lane Obstruction of, a Public Right-of-Way or closing of a Public Street.
(2) For Routine Maintenance and New Service Orders that require the Service Provider to cause a Lane Obstruction in a Public Street for more than four (4) hours, the Service Provider shall provide the City with forty-eight (48) hours advance notice prior to commencing the Routine Maintenance or New Service Order, and shall submit a drawing showing the planned traffic maintenance and indicating how the Service Provider will meet all requirements of ODOT's Manual of Traffic Control Devices or other applicable ODOT regulations.
(c) Emergency Work. In the event of the need for any unexpected repair or Emergency work, a Service Provider may commence such Emergency response work as required under the circumstances, provided that for Emergency work that requires Excavation of a Public Right-of- Way or Lane Obstruction or closing of a Public Street, the Service Provider shall notify the City as promptly as possible before commencing such Emergency work, or as soon as possible thereafter if advance notice is not practicable. When notice is required, the Service Provider shall notify the Director.
(Ord. 59-16. Passed 4-3-17.)
(a) Construction Permit.
(1) No Construction Permit is required for Routine Maintenance and New Service Orders that do not include the Construction in, or Excavation or Lane Obstruction of, a Public Right-of-Way or closing of a Public Street.
(2) No Person shall commence or continue with the Construction, Reconstruction, installation, maintenance or repair of Facilities or Excavation in the Public Right-of-Way without obtaining a Construction Permit from the City Building Department as provided in this Section 904.07, including but not limited to the following circumstances:
A. The Construction of a new System or Reconstruction of Facilities to provide a new Service;
B. The extension of a Service Provider's System in the Public Right-of-Way in an area of the City not currently serviced by that Service Provider. This does not include New Service Orders unless a Public Street will be Excavated;
C. Any Construction, Reconstruction, installation, maintenance, repair, replacement, or New Service Orders in the Public Right-of-Way requiring more than one (1) working day to complete; or
D. Any Construction, Reconstruction, installation, maintenance, repair or New Service Orders requiring the Excavation of a Public Street, including the replacement of a pole.
(3) With respect to the proposed installation of small cell or micro wireless facilities or wireless support structures associated with small cell or micro wireless facilities, a Service Provider shall utilize a form supplied by the Director, which will reflect processing or "shot clock" requirements imposed by state or federal law, as applicable.
(4) No Construction Permit shall be issued for the Construction, Re-construction, installation, maintenance or repair of Facilities, or Excavation, in the Public Right-of-Way unless the Service Provider has obtained consent from, and filed a current Registration with, the City pursuant to Section 904.02 and Section 904.03, respectively, of this chapter.
(5) The Director may waive or modify the Construction Permit requirements for Service Providers with Underground Facilities whose routine maintenance of Facilities requires Excavation.
(b) Construction Permit Applications. Unless specifically prohibited by state or federal law, applications for Construction Permits shall be sub-mitted upon forms provided by the City, provide the following information, if applicable, and be accompanied by drawings, plans and specifications written in plain English or with a key to explain any acronyms or abbreviations, which drawings, plans and specifications shall provide sufficient detail to demonstrate all of the following:
(1) A preliminary construction schedule.
(2) That the Facilities will be Constructed, Reconstructed, installed, maintained or repaired, or the Public Right-of-Way Excavated, in accordance with all applicable codes, rules and regulations.
(3) If the applicant is proposing to Construct, Reconstruct, install, maintain, repair or locate Overhead Facilities:
A. Evidence that Surplus Space is available for locating its Facilities on existing utility poles along the proposed route; and
B. The location and route of all Facilities to be located or installed on existing utility poles.
(4) If the Applicant is proposing to install above-ground Facilities that are not Overhead Facilities, the location of all known existing underground utilities, conduits, ducts, pipes, mains and installations that are in the Right-of-Way in the proposed location of or along the route of the proposed above-ground Facilities.
(5) If the applicant is proposing an underground installation of new Facilities in existing ducts, pipes or conduits in the Public Right-of-Way, information in sufficient detail to identify:
A. the Excess Capacity currently available in such ducts or conduits before the installation of the applicant's Facilities; and
B. The Excess Capacity, if any, that will exist in such ducts or conduits after installation of the applicant's Facilities.
(6) If the applicant is proposing an underground installation of new Facilities in new ducts or conduits to be Constructed in the Public Right-of-Way:
A. The location and depth proposed for the new ducts or conduits; and
B. The Excess Capacity that will exist in such ducts or conduits after installation of the applicant's Facilities.
(7) The location and route of all Facilities to be located under the surface of the ground, including the line and grade proposed for the burial at all points along the route which are in the Public Right-of-Way. Included with the installation shall be magnetic and florescent tape placed at a minimum of one foot to a maximum of two (2) feet above the entire Facility as installed for the purpose of locating the Facility during future Construction activities or other such location device as approved by the Director. The tape shall be marked with the type of Facility installed as approved by the City.
(8) The method of any underground installation (for example, open trenching or boring).
(9) The location of all existing underground utilities, conduits, ducts, pipes, mains and installations known by the applicant that are in the Public Right-of-Way along the underground route proposed by the applicant.
(10) The location(s), if any, for interconnection with the Facilities of other Service Providers.
(11) The construction methods to be employed for protection of existing structures, fixtures and Facilities in or adjacent to the Public Right-of-Way.
(12) The structures, improvements, Facilities and obstructions, if any, that the applicant proposes to temporarily or permanently remove or relocate.
(13) The proposed storage locations for vehicles and materials to be utilized during Construction, to be field verified with the City.
(14) The impact of Construction, Reconstruction, installation, maintenance or repair of Facilities on trees in or adjacent to the Public Right-of-Way along the route proposed by the applicant, together with a landscape plan for protecting, trimming, removing, replacing and restoring any trees or areas disturbed during Construction in accordance with applicable provisions of this chapter.
(15) Information to establish that the applicant has obtained all other governmental approvals and permits to Construct and operate the Facilities and to offer or provide the Services.
(16) The identity of, and contact information for, each subcontractor of the Service Provider that will do work in connection with the Construction, Reconstruction, installation, maintenance or repair of Facilities, including restoration work. If the identity of any subcontractor is not known at the time that the application is filed, the Service Provider shall supplement the application as soon as possible after the information is available which shall in every case be at least forty-eight (48) hours prior to performance of any work by such subcontractor.
(c) Construction Codes. Facilities shall be Constructed, Reconstructed, installed, repaired, operated, Excavated and maintained in accordance with all applicable federal, State and local codes, rules, regulations and technical codes including, but not limited to, the National Electrical Safety Code.
(d) Traffic Control Plan. All Permit applications which involve a Lane Obstruction or work on, in, under, across or along any Public Right-of-Way shall be accompanied by a traffic control plan demonstrating the protective measures and devices that will be employed, consistent with the ODOT's Uniform Manual of Traffic Control Devices and other applicable ODOT regulations, to prevent injury or damage to Persons or property and to minimize disruptions to efficient pedestrian and vehicular traffic. The Director may require the Service Provider to use and employ the City Police Force for Traffic Control.
(e) Issuance of Permit. Within ten (10) business days after submission of all plans and documents required of the Construction Permit applicant, the Director, if satisfied that the applications, plans and documents comply with all requirements of this chapter, shall issue a Construction Permit authorizing the Construction, Reconstruction, installation, maintenance or repair of the Facilities, or Excavation in the Public Right-of-Way, subject to such further conditions, restrictions or regulations affecting the time, place and manner of performing the work as the Director may deem necessary or appropriate. Such ten (10) business day period shall begin after all submissions are deemed by the Director to be complete and in accordance with the requirements of this chapter; provided, however, that if state or federal law specifically prohibits ap-plication of the ten (10) business day period, it shall be waived to the extent so prohibited.
(f) Coordination of Construction Activities. All Service Providers are required to cooperate with the City, including its Service and Safety forces, and with each other. All Construction, Reconstruction, installation, Excavation, activities and schedules shall be coordinated, as ordered by the Director, to minimize public inconvenience, disruption or damages. Owners of adjoining properties shall be notified by the Service Provider at least twenty-four (24) hours in advance of work that may affect their property.
(g) Modification of Construction Schedule. The Service Provider may modify the construction schedule at any time provided that forty-eight (48) hours advance notice is given to the Director.
(h) Least Disruptive Technology. To the extent reasonably possible, all Facilities shall be Constructed, Reconstructed, installed, maintained or repaired in the manner resulting in the least amount of damage and disruption of the Public Right-of-Way. Unless otherwise authorized by the Director for good cause, Service Providers Constructing, Reconstructing, installing, maintaining or repairing Underground Facilities shall utilize Trenchless Technology, including, but not limited to, horizontal drilling, directional boring, and microtunneling, if technically or technologically feasible.
(i) Compliance with Permit. All Construction practices and activities shall be in accordance with the Construction Permit and approved final plans and specifications for the Facilities. The City shall be provided access to the work and such further information as he or she may require to ensure compliance with such requirements. Field changes may be approved by the Director if such changes are determined to be necessary due to site conditions or other changed circumstances.
(j) Display of Permit. The Service Provider shall maintain a copy of the Construction Permit and approved plans at the construction site, which shall be displayed and made available for inspection by the City at all times when construction work is occurring.
(k) Joint Applications. Any Service Provider planning a Capital Improve-ment in conjunction with another Service Provider with consent to use or occupy the Public Right-of-Way may submit a joint application for a Construction Permit.
(l) Noncomplying Work. Upon order of the Director, all work that does not comply with the Construction Permit, the approved plans and specifications for the work, or the requirements of this chapter, shall immediately cease and shall be immediately removed or corrected by the Service Provider. The City reserves the right to revoke any Construction Permit in the event of a substantial breach of the terms and conditions of any law or any provision or condition of the Construction Permit. Prior to such revocation, the Director must serve a written demand upon the Service Provider to remedy the violation within a specified reasonable period of time. A Service Provider may appeal a revocation to the Mayor in writing within five (5) business days of receiving said revocation order, as set forth in Section 904.99(c).
(m) Record Drawings. Within sixty (60) days after completion of Construction, the Service Provider shall furnish the City with two (2) complete sets of plans, drawn to scale and certified to the City as accurately depicting the location of all Facilities Constructed pursuant to the Permit. At such time, the Service Provider shall submit the Record Drawings in a digital format compatible with the City's current computer software or a mutually agreed format.
(n) Restoration of Improvements. Upon completion of any Construction work, the Service Provider shall promptly repair any and all areas of the Right-of-Way and adjacent thereto, which were disturbed from the work and restore property improvements, fixtures, structures and Facilities which were damaged during the course of Construction as nearly as practicable to the condition before the start of Construction.
(o) Public Streets. Asphalt patches in Public Streets shall be constructed and installed so as to be as strong and resistant to heaving as the rest of the Public Street surface. During Construction work, dirt and debris resulting from Construction work shall be removed from Public Streets periodically during the day as well as at the end of each day. Further, the Public Streets shall be kept free of dust, dirt and unevenness of travel surfaces resulting from Construction work and other similar hazards to pedestrians, bicyclists and motorists.
(p) Sidewalk, Driveway Apron and Curb Restoration.
In repairing and restoring sidewalks, driveway aprons and curbs located within the Public Right-of-Way that are disturbed or damaged during Construction work, the following shall apply:
(1) Sidewalks shall be designed to be durable and attractive. Plans and specifications shall be provided to the City's Director in advance of installation.
(2) Concrete work shall conform to current best practices for durability, including American Concrete Institute, National Ready Mixed Concrete Association or other nationally accepted standards governing cold weather and hot weather installations and durability. The standard utilized shall be specified in the plans and specifications provided to the City for sidewalk restoration and subject to City approval.
(3) Sidewalks shall be protected from mars (such as footprints) and vandalism until the concrete has achieved hardness sufficient to resist such marring. Blemished or vandalized sidewalk blocks, and concrete displaying scaling, crazing or blistering, must be removed and re-poured.
(4) Curing compound shall be applied as per the manufacturer's instructions.
(5) Stone sidewalks that are not already cracked shall be preserved for reinstallation if that is the preference of the owner of abutting property.
A. A contractor with expertise in setting stone walks shall reset stone on compacted finely crushed stone base.
B. Pronounced peaks and valleys within sidewalk must be avoided.
C. In the event that a stone sidewalk is damaged as a result of Construction work in the Public Right-of-Way, it shall be replaced with a stone sidewalk block, unless this requirement is waived in writing by the Director.
(6) New commercial driveway aprons shall provide an 8-inch thick concrete slab, or greater thickness slab if directed by the Director. Repairs may match the depth of the existing apron.
(7) Truncated dome material on curb ramps shall be of a style and color approved by the Director.
(q) Trees in Public Right-of-Way.
(1) In performing any Construction work which may impact trees with roots, trunk or branches within the Public Right-of-Way, the Service Provider shall avoid soil compaction and impact by use of methods such as construction fencing.
(2) When tree roots must be affected by any Construction work within the Public Right-of-Way, the Service Provider shall obtain recommendations regarding protective construction practices from a certified arborist having expertise in tree preservation, which recommendations shall be subject to the approval of the Director or his or her designee. Soil compaction and root cutting shall both be considered to require protective construction practices. The arborist's recommendations shall be provided to the Director or his or her designee prior to commencement of Construction.
(3) Trees within the Public Right-of-Way shall not be removed without the written consent of the City following a request submitted to the Director or his or her designee, unless such removal is required in an Emergency in which case notice of such removal shall be provided to the Director within twenty-four (24) hours of the commencement of such activity. Compensation for trees removed with the City's permission in connection with Construction work performed by a Service Provider shall be paid to the City prior to completion of Construction work, based upon cost of replacement analysis as provided in the Guide for Plant Appraisals or similar publication.
(4) Tree trimming and vegetation management activities in the Right-of-Way must be performed in accordance with generally acceptable horticultural and arboreal standards adopted by the National Arbor Day Foundation, the International Society of Arboriculture, or the Tree Care Industry. To the extent that the City has promulgated rules and regulations regarding tree trimming or vegetation management, such rules and regulations shall supersede any conflict with the foregoing standards.
(5) The Service Provider shall provide the City Public Works Department with at least two business days' notice of all tree trimming or vegetation management activities, unless such activities are required because of an Emergency, in which case notice shall be provided to the Director within twenty-four (24) hours of the com-mencement of such activity.
(r) Landscape Restoration.
(1) All trees, landscaping and grounds removed, damaged or disturbed as a result of the Construction, Reconstruction, installation, maintenance, repair or replacement of Facilities must be replaced or restored as nearly as may be practicable, to the condition existing prior to performance of work, except to the extent that tree trimming is necessary to prevent the interference of tree branches with Overhead Facilities. Trees that were to have been preserved in accordance with the requirements of this section that die within one year following completion of Construction shall require compensation to be paid to the City, based upon cost of replacement analysis as provided in the Guide for Plant Appraisals or similar publication.
(2) Grass or lawn areas within the Public Right-of-Way that are disturbed or damaged during Construction work shall be restored to a grassy condition.
A. Topsoil shall be stockpiled separately from poorer quality clay and subsurface soils. In grass or lawn restoration, soils shall be returned to their respective layers.
B. When existing soil has been disturbed to such an extent that it will not support the establishment of viable grass, topsoil shall be added in quantities sufficient to support grass. Clay soils shall not be used for the top twelve inches of a grass or lawn area to be restored.
C. Service Providers shall follow accepted best practices for ensuring grass that is thick and green in connection with such restoration work.
(3) All restoration work within the Public Right-of-Way shall be done in accordance with landscape plans approved by the Director.
(s) Construction Bond. Prior to issuance of a Construction Permit the Service Provider shall provide the City with a Construction Bond in favor of the City written by a corporate surety acceptable to the City equal to at least one hundred percent (100%) of the estimated cost of Constructing, Reconstructing, installing or repairing the Service Provider's Facilities or Excavation in the Public Right-of-Way of the City, or such other amount as the Director may determine to adequately protect the City's interest.
(1) The Construction Bond shall remain in force until eighteen (18) months after substantial completion of the work, as determined by the Director, including restoration of Public Right-of-Way and other property affected by the Construction.
(2) The Construction Bond shall guarantee, to the satisfaction of the City:
A. Timely completion of Construction;
B. Construction in compliance with applicable plans, permits, technical codes and standards;
C. Proper location of the Facilities as specified by the City;
D. Restoration of the Public Right-of-Way and other property affected by the Construction;
E. The submission of Record Drawings, in both written and digital format, after completion of the work as required by this chapter; and
F. Timely payment and satisfaction of all claims, demands or liens for labor, material or services provided in connection with the work.
(3) In lieu of filing a Construction Bond with the City for each Construction Permit, a Service Provider with the approval of the Director may file an Annual Construction Bond (or Annual Bond) in the form described above in an amount that the Director may determine will adequately protect the City's interests as described above.
(t) Responsibility of Owner. The owner of the Facilities to be Constructed, Reconstructed, installed, located, operated, maintained or repaired and, if different, the Service Provider, are responsible for performance of and compliance with all provisions of this section.
(u) Recovery of Costs. The City may recover the City's costs related to issuance and enforcement of any Construction Permits issued under this Section 904.07 in the manner prescribed in Section 904.08. This provision shall supersede any other provisions in the City's codes or regulations relating to construction fees or construction permit fees for Service Providers' facilities within the City's Right-of-Way.
(Ord. 59-16. Passed 4-3-17.)
(a) Purpose. It is the purpose of this Section 904.08 to provide for the recovery of all direct and indirect costs and expenses actually incurred by the City and associated with a Public or Private Service Provider's Occupancy or Use of the Public Right-of-Way and related to the enforcement and administration of this chapter. All fees related to the Occupancy or Use of the Public Right-of-Way shall be considered to be Public Way Fees as that term is defined in this chapter and shall be assessed by the City in a manner which is in accordance with Chapter 4939 of the Ohio Revised Code and any other applicable law.
(b) Waiver or Offset of Public Way Fees. Public Way Fees assessed against a governmental entity shall be waived. Public Way Fees assessed against Cable Operators shall be offset or credited in accordance with Section 904.09(e).
(c) Assessment of Public Way Fees. The Mayor shall have the authority to assess Public Way Fees for Occupancy or Use of the Public Right-of-Way consistent with the provisions of this chapter without further action of City Council.
(d) Regulatory Fees and Compensation Not a Tax. The regulatory fees and costs provided for in this chapter are separate from, and additional to, any and all federal, State, local and City taxes as may be levied, imposed or due from a Service Provider, its customers or subscribers, or on account of the lease, sale, delivery or transmission of Services.
(Ord. 59-16. Passed 4-3-17.)
(a) Cable Television Franchise. Any Person who desires to Construct, Reconstruct, install, operate, maintain or locate Facilities in any Public Right-of-Way of the City for the purpose of providing Cable Service to Persons in the City shall first obtain a nonexclusive Video Service Authorization from the Ohio Department of Commerce.
(b) Compliance with Chapter Required. All Cable Operators providing Cable Service within the City pursuant to a valid franchise or Video Service Authorization shall comply with the registration and Construction Permit requirements of this chapter.
(c) Credit for Payment of Franchise Fee. Any Cable Operator paying a franchise fee or Video Service Provider fee, or providing free service or other non-monetary compensation to the City pursuant to a franchise agreement, shall be entitled to a credit, offset or deduction against any reimbursement of City costs assessed under this chapter, and pursuant to Ohio Revised Code Section 1332.32, for all such franchise fees or Video Service Provider fees and the retail value of the free service or other non-monetary compensation.
(Ord. 59-16. Passed 4-3-17.0
Persons who wish to use the Public Right-of-Way of the City for Private Facilities shall obtain consent from the City pursuant to Section 904.02, register pursuant to Section 904.03, obtain all Construction Permits applicable pursuant to Section 904.07 and comply with all provisions of this chapter.
(Ord. 59-16. Passed 4-3-17.)
(a) Preemption by State and Federal Law. Except as may be preempted by applicable State or Federal laws, rates, regulations, and orders, this chapter shall apply and be controlling over each Service Provider engaged in the business of transmitting, supplying or furnishing of Services originating, passing through, or terminating in the City.
(b) Exemption for City-Owned or Operated Facilities. Nothing in this chapter shall be construed to apply the provisions of this chapter to Facilities owned or operated by the City or any of its operations.
(c) Application to Existing Code Provisions. In the event of a direct conflict between any provision of this chapter and any other section of the City's Codified Ordinances, the provisions of this chapter shall apply.
(d) Severability. If any section, subsection, sentence, clause, phrase, or other portion of this chapter, or its application to any Person, is, for any reason, declared invalid, in whole or in part by any court or agency of competent jurisdiction, said decision shall not affect the validity of the remaining portions hereof.
(e) Notices. Any notice or order referenced in this chapter is properly served as set forth below.
(1) If to the City:
A. Delivered Personally to the proper recipient under this chapter;
B. Sent by certified, pre-posted U.S. mail to the proper recipient under this chapter; or
C. Sent by common carrier with receipt tracking to the proper recipient under this chapter.
(2) If to the Service Provider or other Person:
A. Delivered Personally to the Service Provider or other intended recipient;
B. Left at the Service Provider's or other intended recipient's usual place of business with someone representing themselves as an employee of the Service Provider, or intended recipient, who is 18 years of age or older who would reasonably be responsible for receiving correspondence addressed to the Service Provider or intended recipient;
C. Sent by certified, pre-posted U.S. mail to the last known address of the Service provider or other intended recipient;
D. If the notice is attempted to be served by certified, pre-posted U.S. mail and then returned showing that the letter was not delivered, or the certified letter is not returned within fourteen (14) days after the date of mailing, then notice may be sent by regular, pre-posted, first class U.S. mail; or
E. If the notice is attempted to be served by regular, first class U.S. mail, postage prepaid, and the letter is then returned showing that the letter was not delivered, or is not returned within fourteen (14) days after the date of mailing, then notice shall be posted in a conspicuous place in or about the structure, building, premises, or property affected by such notice.
(Ord. 59-16. Passed 4-3-17.)
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