(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.)