1180.01 Definitions.
1180.02 Rights-of-way administration.
1180.03 Certificate of registration applications.
1180.04 Reporting requirements.
1180.05 Compensation for certificate of registration.
1180.06 Oversight and regulation.
1180.07 Registration term.
1180.08 Indemnity.
1180.09 Civil forfeitures.
1180.10 Termination of certificate of registration.
1180.11 Unauthorized use of public rights-of-way.
1180.12 Rights of individuals.
1180.13 Peg requirements for open video systems.
1180.14 Assignment or transfer of ownership and renewal.
1180.15 Construction, relocation and restoration.
1180.16 Minor maintenance permit.
1180.17 Enforcement of permit obligation.
1180.18 Construction and removal bonds.
1180.19 Indemnification and liability.
1180.20 General provisions.
1180.21 Small cell facilities and wireless support structures within the right-of-way.
1180.211 Purpose and intent.
1180.212 Applicability.
1180.213 Application required.
1180.214 Application review timeframes and process.
1180.215 Design guidelines.
1180.216 Standard conditions of permit approval.
1180.217 Safety requirements.
1180.218 Recovery of costs.
1180.22 Authority to establish design guidelines, fees, charges, regulations and/or procedures for wireless facilities and support structures located in the City’s public rights-of-way.
For the purposes of this Chapter and Sections 1180.01 through 1180.21, the following words and phrases shall have the following meanings ascribed to them respectively, regardless of whether or not the words and phrases are capitalized and are hereby incorporated into the standards and right of way requirements:
(a) Affiliate. Each person who falls into one (1) or more of the following categories:
(1) Each person having, directly or indirectly, a controlling interest in a provider,
(2) Each person in which a provider has, directly or indirectly a controlling interest,
(3) Each officer, director, general partner, limited partner or shareholder holding an interest of fifteen percent (15%) or more, joint venturer or joint venture partner, of a provider, and
(4) Each person, directly or indirectly, controlling, controlled by, or under common control with the provider; provided that affiliate shall in no event mean any limited partner or shareholder holding an interest of less than fifteen percent (15%) of such provider, or any creditor of such provider solely by virtue of its status as a creditor and which is not otherwise an affiliate by reason of owning a controlling interest in, being owned by, or being under common ownership, common management, or common control with, such provider.
(b) Applicant. Any person who seeks to obtain a certificate of registration and/or a permit.
(c) Application. The process by which an applicant submits a request to obtain certificate of registration and/or a permit.
(d) Application fee. The fee paid to the City for application for a Certificate of Registration.
(e) Bankruptcy Act. The regulations promulgated by Title 11 of the United States Code.
(f) Best effort(s). The best reasonable efforts under the circumstances, taking into consideration, among other appropriate matters, all applicable laws, regulations, safety, engineering and operational codes, available technology, human resources, traffic congestion, ongoing maintenance, pavement and sidewalk concerns, and cost.
(g) Cable Franchise. Has the same meaning as "franchise" in the Cable Communications Policy Act of 1984, 98 Stat. 2779, 47 U.S.C.A. 522.
(h) Cable operator. Has the same meaning as in the Cable Communications Policy Act of 1984, 98 Stat. 2779, 47 U.S.C.A. 522.
(i) Cable service. Has the same meaning as in the Cable Communications Policy Act of 1984, 98 Stat. 2779, 47 U.S.C.A. 522.
(j) Certificate of registration. The document issued to each provider and its unique system to occupy the rights-of-way within the City that outlines the terms of that occupancy of the rights-of-way.
(k) City. The City of Maumee, Ohio.
(l) City Council. The governing body of the City.
(m) City Administrator. The administrator of the municipal government known as the City of Maumee, Ohio.
(n) Collocation or collocate means to install, mount, maintain, modify, operate, or replace wireless facilities or lines on or adjacent to a wireless support structure or utility pole.
(o) Construct. Shall mean, but not be limited to, digging, boring, tunneling, trenching, excavating, obstructing, installing wires, installing conduit, installing pipes, installing transmission lines, installing poles, installing signs, or installing Facilities, other than landscaping, ornamental plantings in, on, above, within, over, below, under or through any part of the rights-of-way. Construct shall also include the act of opening and/or cutting into the surface of any paved or improved surface that is any part of the right-of-way.
(p) Construction. Shall mean, but not be limited to, the act or process of digging, boring, tunneling, trenching, excavating, obstructing, installing wires, installing conduit, installing pipes, installing transmission lines, installing poles, installing signs, or installing Facilities, other than landscaping, ornamental plantings in, on, above, within, over, below, under or through any part of the rights-of-way. Construction shall also include the act of opening and/or cutting into the surface of any paved or improved surface that is part of the right-of-way.
(q) Construction Bond. A bond posted to ensure proper and complete construction and/or repair of a facility and the affected rights-of-way pursuant to a permit.
(r) Construction and Major Maintenance Plan. A written plan including maps of the expected location, design, other related equipment, and facilities of a provider which describes in full the construction intended to be accomplished by the provider in the rights-of-way over the next calendar year. The maps required shall be drawn on a City of Maumee base and include streets, curbs, sidewalks, trees, or any other structures and include dimensions and elevations.
(s) Construction permit. The permit which must be obtained before a person may construct in, locate in, occupy, maintain, move, or remove facilities from, in or on a right-of-way.
(t) County. Lucas County, Ohio (except for the purpose of the provision of sewer and water service within or through the City). County specifically excludes any and all contractors, agents or other persons acting on behalf of said county.
(u) Credible. Worthy of being believed.
(v) Design Guidelines-Creating a Quality Environment. The design standards set forth in the Maumee Ohio codified Ordinances or this Code provision. The standards in this code provision shall require co-location of arial power, optic fiber, cable, phone, or other attachments to poles and any costs for co-location shall be paid by applicant and shall require placement of power, cable, optic fiber, phone, or other related cables to be installed below the surface by the least disruptive means. No additional structures or poles shall be placed in the right of way without a prior permit.
(w) Service Department. The Service Department of the City.
(x) Director of Service. The Director of the Service Department, Capital Projects manager, or his or her designee.
(y) Emergency. A condition that poses a clear and immediate danger to life or health, or of a significant loss of property.
(z) Facility(ies). Any tangible thing located in any rights-of-way within the City; but shall not include boulevard plantings, ornamental plantings or gardens planted or maintained in the rights-of-way between a person's property and the street edge of pavement.
(aa) FCC. The Federal Communications Commission, or any successor thereto.
(bb) Full. Unable to accommodate any additional facilities as determined by the Director of Service in accordance with the principles of public health, safety, and welfare, following a reasonable analysis taking into consideration: all applicable law; commonly accepted industry standards; traffic issues; sidewalk and pedestrian access; and routine engineering practices.
(cc) In. When used in conjunction with rights-of-way, means in, on, above, within, over, below, under or through a right-of-way.
(ee) Law. Any local, state and/or federal legislative, judicial or administrative order, certificate, decision, statute, constitution, ordinance, resolution, regulation, rule, tariff, or other requirement in effect either at the time of execution of Sections 1180.01 through 1180.21 or at any time during the location of, and/or while a provider's facilities are located in the public rights-of-way.
(ff) Minor maintenance permit. A permit, which must be obtained before a person can perform minor maintenance in or on the rights-of-way.
(gg) Ohio Manual of Uniform Traffic Control Devices. The uniform system of traffic control devices promulgated by the Ohio Department of Transportation pursuant to Ohio R.C. § 4511.09.
(hh) O.R.C. The Revised Code of the State of Ohio.
(ii) Ohio Utility Protection Service. The utility protection service as defined in Ohio R.C. § 153.64 and/or § 3781.26 or a statutory successor thereto.
(jj) Open video service. Any video programming services provided to any person through the use of rights-of-way, which person is certified by the FCC to operate an open video system pursuant to § 651 et seq. of the Telecommunications Act of 1996 (codified at 47 U.S.C. Title VI, Part V), regardless of the facilities used.
(kk) Permit. A construction permit, a minor maintenance permit or a special privilege permit, as the context requires.
(ll) Permit cost. All direct, incidental, and indirect costs actually incurred or realized by the City for permit issuance, permit oversight, inspections and pavement degradation resulting from construction activity.
(mm) Permit fee. Money paid to the City for a permit to construct in the rights-of-way as required by this Code.
(nn) Permitee. Any person to whom a construction permit, minor maintenance permit and and/or special privilege permit has been granted by the City and not revoked.
(oo) Person. Any natural or corporate person, business association or other business entity including, but not limited to, a partnership, limited liability company, a sole proprietorship, a political subdivision, a trust, trustee,a public or private agency of any kind, a utility, a successor or assign of any of the foregoing, or any other legal entity.
(pp) Plan Board. The Planning Commission of the City of Maumee
(qq) Provider. A person who owns or operates a system and has a valid certificate of registration. The city, county and cable television operators operating pursuant to a valid Cable Franchise, shall also be considered providers.
(rr) PUCO. The Public Utilities Commission of Ohio as defined in Ohio R.C. § 4901.02.
(ss) R.C.O.M. The Codified Ordinances of the City of Maumee.
(tt) Registration maintenance fee. The money paid to the City to maintain a certificate of registration and compensate the City for all actual costs incurred by the City in the management, administration, and control of the rights-of-way of the City, and which are not reasonably recoverable by the City through construction permit fees or other approved recovery mechanisms.
(uu) Removal Bond. A bond posted to ensure the availability of sufficient funds to remove a provider's facilities upon abandonment or disuse, or discontinuance of a provider's use or occupation of the rights-of-way.
(vv) Restoration. The process and the resultant effects by which a right-of-way is returned to a condition as good as or better than its condition immediately prior to the construction, including as applicable, appearance; dimensions; grade, quality and size; and landscaping including turf and soil. Restoration shall occur in accordance with the Rules and Regulations for Making Openings in a Public Way as amended from time to time. Complete repaving or replacement of roads or sidewalks may be required by the City Administrator depending on the nature of the work performed and age of the pavement or concrete in an area that is excavated. Replacement of trees and shrubs shall also be required and shall comply with Maumee Codified Ordinances and regulations.
(ww) Right(s)-of-way. The surface and space in, above, within, over below, under or through any real property in which the City has an interest in law or equity, whether held in fee, or other estate or interest, or as a trustee for the public, including, but not limited to any public street, boulevard, road, highway, freeway, lane, alley, court, sidewalk, parkway, river, tunnel, viaduct, bridge, conduit, or any other place, area, or real property owned by or under the legal or equitable control of the City that, consistent with the purposes for which it was dedicated, may be used for the purposes of constructing, operating, repairing, or replacing a system. Rights-of-way shall not include buildings, parks, or other public property or easements that have not been dedicated to compatible uses, except to the extent the use or occupation of such property is specifically granted in a permit or by law.
(yy) Rules and regulations for making openings in a public way. The rules and regulations governing the making and restoration of openings in streets, alleys, sidewalks, public ways, or places of the city as set forth in the Maumee Codified Ordinances and currently on file in the Service Department.
(zz) Service(s). The offering of any service for a fee directly to the public, or to such classes of users as to be effectively available directly to the public.
(aaa) Special privilege permit. The permit for special licenses and privileges that must be obtained from the Director of Service pursuant to this Chapter.
(bbb) Supplementary application. Any application made to construct on or in more of the rights-of-way than previously allowed, or to extend a permit that had already been issued.
(ccc) Surety fund. A formal pledge made to secure against loss, damage, or default.
(ddd) System. Any system of conduit, cables, ducts, pipes, wires, lines, towers, antennae wave guides, optic fiber, microwave, laser beams and any associated converters, equipment or facilities or utilities designed and constructed for the purpose of producing, receiving, amplifying, delivering, or distributing services within the City. A system shall specifically include, but not necessarily be limited to electric distribution and/or transmission systems, natural or artificial gas distribution and/or transmission systems, water distribution systems, storm sewer systems, sanitary sewer systems, cable television systems, telecommunications systems (whether voice, video, data, or other), fiber optic systems, wireless communications systems, and transit electrification systems.
(eee) System representative. The specifically identified agent/employee of a provider who is authorized to direct field activities of that provider and serve as official notice agent for system related information. Any such system representative shall be required to be available at all times to receive notice of and immediately direct response to system related emergencies or situations.
(fff) Transfer. The disposal by the provider, directly or indirectly, by gift, assignment, voluntary sale, merger, consolidation or otherwise, of fifty-one percent (51%) or more at one time of the ownership or controlling interest in the system, or fifty-one percent (51%) cumulatively over the term of a certificate of registration of such interests to a corporation, partnership, limited partnership, trust, or association or person or group of persons acting in concert.
(ggg) Trenchless technology. Shall mean, but not be limited to, the use of directional boring, horizontal drilling, micro tunneling, evacuation and other techniques in the construction of underground portions of facilities which result in the least amount of disruption and damage to rights-of-way as possible.
(hh) Underground facility(ies). All lines, cables, conduits, pipes, posts, tanks, vaults, and any other facilities which are located wholly or partially underneath rights-of-way.
(iii) Unused facility(ies). Facilities located in the rights-of-way which have remained unused for six (6) months and for which the provider is unable to provide the City with a credible plan detailing the procedure by which the provider intends to begin actively using such facilities within the next six (6) months, or that it has a potential purchaser or user of the facilities who will be actively using the Facilities within the next six (6) months, or that the availability of such facilities is required by the provider to adequately and efficiently operate its system.
(jjj) Utility(ies). Any water, sewer, gas, drainage, sprinkler or culvert pipe and any electric power, telecommunication, signal, communication, or cable television conduit, fiber, wire, trackless trolley wires, cable, or operator thereof.
(kkk) Utility corridor(s). Those specific areas of the rights-of-way designated as such by the Director of Service.
(lll) Working day. Any Monday, Tuesday, Wednesday, Thursday, or Friday, but excluding legal holidays observed by the City.
(Ord. 051-2022. Passed 12-5-22.)
(a) Administration. The City Administrator or Director of Service shall be the principal city official responsible for the administration of Sections 1180.01 through 1180.21, except as otherwise provided herein. The City Administrator may delegate any or all of the duties hereunder to the Director of Service or other designee.
(b) Right-of-Way Occupancy. Each person or entity who occupies, uses, or seeks to occupy or use the rights-of-way to operate a system located in the rights-of-way, or who has, or seeks to have, a system located in any right-of-way, shall apply for, and obtain a certificate of registration pursuant to Sections 1180.01 through 1180.21. Any person owning, operating, or maintaining a system in the rights-of-way without a certificate of registration, including persons operating under a permit, license or franchise issued by the City prior to the effective date of Sections 1180.01 through 1180.21 shall apply for and obtain a certificate of registration from the city, unless exempted as set forth herein. Application will consist of providing the information set forth herein and as reasonably required by the City Administrator.
(c) No Construction Without a Certificate of Registration. Following the effective date of Sections 1180.01 through 1180.21, no person shall construct or perform any work on or in or use any system or any part thereof located on or in any rights-of-way without first obtaining a certificate of registration. Whoever violates this section is guilty of a misdemeanor of the first degree and shall pay a minimum fine of five hundred dollars ($500.00) for each violation of this code. Each day shall constitute a separate offense if construction is commenced without a Certificate of Registration.
(d) Exceptions.
(1) The following entities are not obligated to obtain a certificate of registration: the City (exclusive of its contractors which shall be required to obtain and maintain a certificate of registration); and resellers of services that do not own any system or facilities in the rights-of-way.
(2) The following entities are required to participate in the certificate of registration process but shall be exempt from the financial obligations of the application fee and the registration maintenance fee: a county or state of Ohio governmental entity, cable operators for the purpose of providing only cable service and operating pursuant to a valid cable franchise, if exempted by state law and a video service provider for the purpose of providing only video service and operating pursuant to a valid video service authorization issued in accordance with Ohio R.C. 1332.24. In addition, cable operators shall be exempt from any requirement of the certificate of registration process that is specifically exempted by state law.
(e) Systems in Place Without a Certificate of Registration. Any system or part of a system found in a right-of-way for which a certificate of registration has not been obtained shall be deemed to be a nuisance and an unauthorized use of the rights-of-way. The City may exercise any remedies or rights it has at law or in equity, including, but not limited to abating the nuisance; taking possession of the facilities and/or noncomplying portion of such system; and/or prosecuting the violator and/or assessing any costs incurred in the inspection, removal and/or correction of any improperly installed system and assessment of penalties and fines.
(f) Future Uses. In allowing providers and permittees to place facilities in the rights-of-way, the City shall not be liable for any damages caused thereby to any provider's facilities that are already in place or that shall be placed in the rights-of-way unless those damages arise out of the sole negligence, gross negligence, willful misconduct, or fraud of the City. No provider is entitled to rely on the provisions of Sections 1180.01 through 1180.21 as creating a special duty to any provider.
(g) Discontinuance of Operations, Abandoned and Unused Facilities.
(1) A provider who has discontinued or is discontinuing its operations of any system in the City shall:
A. Provide information satisfactory to the City that the provider's obligations for its system in the rights-of-way under this section and any other sections in this Code have been lawfully assumed by another applicant and/or provider; or
B. Submit a written proposal to re-use its facilities in a manner that promotes the City's goals of providing innovative and economic solutions to efficiently and economically utilize limited rights-of-way capacity. Such proposal must be approved by the Director of Service; or
C. Submit a written proposal for abandonment of facilities in place indicating why good engineering practice would support this type of solution. The Director of Service must approve said proposal; or
D. Completely remove all specifically identified portion(s) of its system in a manner acceptable to the City within a reasonable amount of time if the City believes that there exists a reasonable justification for such removal; or
E. Submit to the city within a reasonable amount of time and in accordance with Ohio R.C. § 4905.20 and 4905.21, a proposal for transferring ownership of its facilities to the City. If a provider proceeds under this clause, the City may, at its option where lawful:
(i) Purchase the facilities; or
(ii) Unless a valid removal bond has already been posted, require the provider to post a bond in an amount sufficient to reimburse the city for reasonably anticipated costs to be incurred in removing the facilities.
(2) Facilities of a provider who fail to comply with this section and which remain unused facilities shall be deemed to be abandoned. Abandoned facilities are deemed to be a nuisance. The City may exercise any remedies or rights it has at law or in equity, including, but not limited to:
A. Abating the nuisance.
B. Taking possession of the facilities and restoring them to a useable condition subject to a finding of the PUCO pursuant to the requirements of Ohio R.C. § 4905.20 and 4905.21; or
C. Requiring removal of the facilities by the provider or by the provider's surety.
(3) If the City requires a provider to remove unused facilities in any rights-of-way, the City shall make reasonable efforts to direct that this removal occur in conjunction with other scheduled excavations of the rights-of-way. If the City abates the nuisance, it may take all action necessary to recover its costs and to abate said nuisance, including but not limited to, those methods set forth in Maumee Codified Ordinances or Ohio R.C. § 715.261.
(h) Nature of Issuance. A certificate of registration shall not convey equitable or legal title in the rights-of-way. A certificate of registration is only the nonexclusive, limited right to occupy rights-of-way in the City, for the limited purposes and for the limited period stated in the certificate of registration and in accordance with this Code. The rights to occupy the right-of-way may not be subdivided or subleased; provided, however, that two (2) or more providers may collocate facilities in the same area of the rights-of-way so long as each such provider complies with the provisions of Sections 1180.01 through 1180.21. Collocating providers may file a joint application for a construction permit. A certificate of registration does not excuse a provider from obtaining appropriate access or pole attachment agreements before collocating its facilities on facilities of others, including the City's facilities. A certificate of registration does not prevent a provider from leasing space in or on the provider's system, so long as the sharing of facilities does not cause a violation of law, including the provisions of Sections 1180.01 through 1180.21. A certificate of registration does not excuse a provider from complying with any provisions of Sections 1180.01 through 1180.21 or other applicable law.
(i) Other Approvals, Permits, and Agreements. In addition to a certificate of registration, providers shall obtain any and all regulatory approvals, permits, authorizations, or licenses necessary for the offering or provision of such services from the appropriate federal, state and local authorities and upon the City's reasonable request, shall provide copies of such documents to the City. Further, a certificate of registration issued pursuant to Sections 1180.01 through 1180.21 shall not entitle a provider to use, alter, convert to, or interfere with, the facilities, easements, poles, conduits, lines, pipelines, wires, fiber, cable or any other real or personal property of any kind whatsoever under the management or control of the City.
(j) The City Administrator may propose, and Council may adopt (and from time to time amend) the Rules and Regulations regarding Chapter 1180, Construction standards and occupancy requirements of the Right of Way. Such Rules and Regulations shall not materially increase the obligation of any provider hereunder, provided however that none of the following shall in any way be considered a material increase in obligation; the adoption of Rules and Regulations increasing Fees; the requiring of the placement of Facilities in designated portions of the Rights of Way (underground or otherwise); the overbuilding of Facilities; or the requiring of joint builds. Prior to the adoption or amendment of the Rules and Regulations, the City of Maumee shall provide written notice and a copy of the proposed language of such adoption or amendment, via United States Regular Mail, to each Provider who holds a then current Certificate of Registration. Each Provider shall then have thirty (30) days following the date of the City of Maumee's mailing to provide written comment regarding the proposed language to the City of Maumee. At least forty-five (45) days, but not more than sixty (60) days following the date of the City of Maumee's mailing, the City of Maumee shall schedule and hold a meeting, to make available a forum at which all then current Providers may address any questions, concerns and make reasonable suggestions regarding the proposed new Rules and Regulations to the City of Maumee. The City of Maumee Administrator shall, following said meeting and the review of the Providers' comments and suggestions, adopt or amend the Rules and Regulations in a manner that best serves the City of Maumee, for approval by City of Maumee Council.
(Ord. 051-2022. Passed 12-5-22.)
(a) Certificate of Registration Applications. To obtain a certificate of registration to construct, own, or maintain any system within the City, or to obtain a renewal of a certificate of registration issued pursuant to Sections 1180.01 through 1180.21, an application must be filed with the City on the form adopted by the Service Department which is hereby incorporated by reference. All applications shall be accompanied by a one thousand five hundred dollar ($1,500.00) application fee deposit, which shall be used to pay for the actual costs incurred by the City that are associated with receiving, processing, and granting of an application. At the time of its decision to either grant or deny an application the City shall assess the costs involved and either credit or debit an applicant's application fee for the appropriate amount. If the application is approved and a certificate of registration is granted, any remainder balance of the aforementioned one thousand five hundred dollars ($1,500.00) application fee deposit will be credited against and shall be an offset to the applicant's required annual registration maintenance fees until such time as the entire application fee balance is exhausted. If the application is not approved and a certificate of registration is denied, any balance of the aforementioned one thousand five hundred dollars ($1,500.00) application fee remaining after the City debits the actual costs associated with the application process, will be returned to the applicant within sixty (60) days of denial. Should the application review and administration process incur actual costs in excess of one thousand five hundred dollars ($1,500.00), the City shall require the applicant to remit such additional amounts as necessary to properly compensate the City for those added costs within sixty (60) days following issuance or denial of a certificate of registration. Any applicant who fails to timely remit such additionally required amounts shall be subject to the penalties of this chapter 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 City 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 City 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 City at all times; and
C. A certificate of insurance provided to meet the requirements of this section shall:
(i) Verify that an insurance company licensed to do business in the State of Ohio has issued an insurance policy to the applicant.
(ii) 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:
a. Use and occupancy of the rights-of-way by the applicant, its officers, agents, employees, and contractors; and
b. 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.
(iii) Name the City, 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 coverages.
(iv) Require that the City 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:
a. "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 city, by registered mail, return receipt requested, of a written notice addressed to the City Administrator or her/his designee of such intent to cancel, diminish or not to renew."
b. Within thirty (30) days after receipt by the City 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 Director of Service a certificate of insurance evidencing replacement insurance policies.
(v) Satisfy the requirements for comprehensive liability coverage, automobile liability coverage and umbrella coverage as follows:
a. 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:
1. Bodily injury:
Each occurrence - $1,000,000.00
Annual aggregate - $3,000,000.00
2. Property damage:
Each occurrence - $1,000,000.00
Annual aggregate - $3,000,000.00
3. Personal injury:
Annual aggregate - $3,000,000.00
4. Completed operations and products liability shall be maintained for six (6) months after the termination of a certificate of registration.
5. Property damage liability insurance shall include coverage for the following hazards: E-explosion, C-collapse, U-underground.
b. 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 City Administrator or her or his designee. Coverage must be written on an occurrence basis, with the following limits of liability and provisions, or their equivalent:
1. Bodily injury:
Each occurrence - $1,000,000.00
Annual aggregate - $3,000,000.00
2. Property damage:
Each occurrence - $1,000,000.00
Annual aggregate - $3,000,000.00
3. Additional insurance: The city reserves the right to require any other insurance coverage it deems necessary after review of any proposal submitted by applicant.
4. Self-insurance: Those applicants maintaining a book value in excess of $20,000,000.00 may submit a statement requesting to self-insure. If approval to self-insure is granted, applicant shall assure the City that such self-insurance shall provide the City with no less than would have been afforded to the City 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 $1,000,000.00 or proof of available excess umbrella liability coverage to satisfy all total current claim amounts above $20,000,000.00.
5. City's examination of, or failure to request or demand, any evidence of insurance in accordance with Sections 1180.01 through 1180.21 shall not constitute a waiver of any requirement of this section and the existence of any insurance shall not limit applicant's obligations under Sections 1180.01 through 1180.21.
6. 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.
7. If the person is a corporation, 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.
8. A copy of the person's certificate of authority from the PUCO and/or the FCC, 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.
9. Upon request of the city, a narrative (or if applicable PUCO/FCC application information) describing applicant's proposed activities in the City including credible information detailing applicant's financial, managerial, and technical ability to fulfill applicant's obligations under Sections 1180.01 through 1180.21 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 city shall consider:
A. Whether the issuing of the certificate of registration will contribute to the health, safety, and welfare of the City 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 City, county, or State of Ohio.
E. 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.
G. Whether the applicant has complied with right-of-way rules and regulations in the past.
(d) Grant or Denial of an Application for a Certificate of Registration.
(1) The City, 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 City 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 for Making Openings in a Public Way each provider shall:
(1) Use its best efforts to cooperate with the City of Maumee, other providers and users of the rights-of-way and the City 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 City; and
(3) Upon reasonable written notice, and at the direction of the Director of Service, 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, including tree trimming, or boring or placement of facilities where there are tree be in accordance with Maumee Regulations and/or requirements, and in compliance with good engineering, construction and arboricultural practice 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 Director of Service 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 City and other providers, all in accordance with all applicable provisions of this chapter, any rules and regulations the City may adopt and the Maumee Codified Ordinances; 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 or other federal, state and/or local regulations; and
(6) Be on notice that removal of trees, shrubs, or other vegetation within the rights-of-way of the city requires prior written approval by the City Administrator. Any such tree, shrub, or other vegetation that is removed without the City Administrator's written permission shall be replaced, at the sole expense of the responsible person, or entity with a healthy tree or vegetation of like kind. Be on notice that the use of any subcontractor to remove vegetation or vegetation management programs within the Rights of Way of the City of Maumee require prior written approval by the City Administrator or his/her designee. Any such activities, unless an Emergency, shall only be performed following the prior written approval of the City Administrator 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 City of Maumee. 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 the City of Maumee. Emergency removal of trees or the use of vegetation management programs within the Rights of Way of the City of Maumee may be performed in Rights of Way as described herein and in accordance with the Rules and Regulations, but the City Administrator 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 City Administrator or designee's written permission shall subject a Person to the penalties set forth herein and may further require that the tree or vegetation be replaced, at the sole expense of the responsible Person or entity, with a healthy tree, shrub 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 City in any emergencies involving the rights-of-way; and
(9) Provider shall, weather permitting, remove all graffiti, signs, or stickers within thirty (30) calendar days of notice. Provider shall remove any and all graffiti, signs or stickers on any of the provider's facilities located within the City rights-of-way. Should the provider fail to do so, the City may take whatever action is necessary to remove the graffiti, signs or stickers and bill the provider for the cost thereof; and
(10) Providers shall field identify their facilities in the rights-of-way whenever providers are notified by the City that the City has determined that such identification is reasonably necessary in order for the City 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 City shall notify the providers of the city's date to begin the process at least thirty (30) 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 consistent with the Rules and Regulations for Making Openings in a Public Way; 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 Director of Service.
D. All marking should be clearly readable from the ground and be consistent with the Rules and Regulations for Making Openings in a Public Way.
E. If necessary, relocate their facilities on a permanent basis, if said ongoing use or maintenance of their facilities in that right of way would interfere with traffic, safety, or use of the street.
F. Determine whether there is an alternative location that the conduit, pipe, line, or other utility may be placed, such as in an alley or side street which will not be as disruptive to traffic or pedestrians during installation, repair, or replacement
(f) Establishment of Utility Corridors.
(1) The Director of Service may assign or create specific corridors within the right-of-way, or any particular segment thereof as may be necessary, for each type of facilities that are, or that the Director of Service expects, may someday be, located within the rights-of-way. Providers shall be required to use said corridors when replacing or installing their facilities.
(2) Any provider whose facilities are in the rights-of-way and are in a position at variance with utility corridors established by the Director of Service 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 or if the Director of Service requires their relocation when the provider is replacing facilities or when the current location poses potential harm or unnecessary risks to the public, business or the City. The above requirements may be waived by the Director of Service in limited circumstances, 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, 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 Director of Service to the City Administrator.
(4) Providers may enter into written agreements to use existing poles and conduits with the owners of same and shall install their facilities within the rights-of-way and in existing conduit if possible and on existing poles where available, subject to approval by the City of Maumee.
(5) No facility placed in any rights-of-way shall be placed in such a manner that interferes with vehicular or pedestrian travel on such rights-of-way.
(6) Unless otherwise stated in a certificate of registration or permit, all facilities within the rights-of-way shall be constructed and located in accordance with the Maumee Codified Ordinances and with the following provision:
Whenever existing facilities that have been traditionally located overhead are located in whole or in part underground in a certain area within the City, a provider who desires to place its facilities in the same area must locate its facilities underground. Whenever a provider is required to locate or relocate facilities underground within a certain area of the City of Maumee, every Provider with facilities within the same area of Maumee shall concurrently relocate their facilities underground. (Ord. 051-2022. Passed 12-5-22.)
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