(A) Certificate of registration applications. To obtain a certificate of registration to construct, own, or maintain any system within the city, an application must be filed with the City on the form adopted by the Department of Public Works which is hereby incorporated by reference. All applications shall be accompanied by a non-refundable $2,000 application fee which will pay for internal processing and administrative costs associated with the application process.
(B) Application information. The applicant shall keep all of the information required in this section current at all times, provided that applicant or provider shall notify the city of any changes and/or additions to the information required by § 51.06(B)(2) within 15 days following the date on which the applicant or provider has knowledge of any such change and shall notify the city of any changes to other information required by § 51.06(B) et seq. within 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:
(1) Each applicant's name, legal status (i.e. partnership, corporation, etc.), street address, and telephone and facsimile numbers.
(2) The name, street address, and telephone and facsimile numbers of one or more system representative(s). At least one system representative shall be available at all times. Current information regarding how to contact the system representative(s) 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.
(3) A certificate of insurance shall be provided to meet the requirements of this section that shall:
(a) Verify that an insurance policy has been issued to the applicant by an insurance company licensed to do business in the State of Ohio that carries a financial rating of not less than "A" in the most recent addition of "Bests Key Rating Guide" published by AM Best (or its equivalent successor);
(b) 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: use and occupancy of the rights-of-way by the applicant, its officers, agents, employees and contractors; and 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, explosion, environmental release, and collapse of property;
(c) Name the city, its elected officials, officers, employees, agents and volunteers as additional insureds 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;
(d) Require that the city be notified 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: "It is hereby understood and agreed that this policy may not be diminished in value, be canceled, nor the intention not to renew be stated, until 30 days after receipt by the city, by registered mail, return receipt requested, of a written notice addressed to the Public Works Director or her/his designee of such intent to cancel, diminish, or not to renew." Within 30 days after receipt by the city of said notice, and in no event later than five days prior to said cancellation, the provider (or applicant) shall obtain and provide to the Public Works Director a certificate of insurance evidencing appropriate replacement insurance policies.
(e) Satisfy the requirements for comprehensive liability coverage and umbrella coverage as follows:
1. Comprehensive general liability insurance: Comprehensive general liability insurance to cover liability, bodily injury, premises operation, and property damage must be maintained. Coverage must be written on an occurrence basis, with the following minimum limits of liability and provisions, or their equivalent:
A. Bodily injury:
Each occurrence: $1,000,000
Annual aggregate: $3,000,000
B. Property damage:
Each occurrence: $1,000,000
Annual aggregate: $3,000,000
C. Personal injury:
Annual aggregate: $3,000,000
D. State that completed operations and products liability shall be maintained for six months after the termination of or expiration of a certificate of registration.
E. Include coverage for property damage liability insurance for the following hazards: E - explosion, C - collapse, U - underground.
(4) 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 Public Works Director or her or his designee. Coverage must be written on an occurrence basis, with the following limits of liability and provisions, or their equivalent:
(a) Bodily injury:
Each occurrence: $1,000,000
Annual aggregate: $3,000,000
(b) Property damage:
Each occurrence: $1,000,000
Annual aggregate: $3,000,000
(5) Additional insurance: The city reserves the right in unusual or unique circumstances to require any other insurance coverage it deems reasonably necessary after review of any proposal submitted by applicant.
(6) Self-insurance: Those applicants maintaining a book value in excess of $20,000,000 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 or proof of available excess umbrella liability coverage to satisfy all total current claim amounts above $20,000,000.
(7) City's examination of, or failure to request or demand, any evidence of insurance in accordance with this chapter, shall not constitute a waiver of any requirement of this section and the existence of any insurance shall not limit applicant's obligations under this chapter.
(8) Documentation that applicant or provider maintains standard workers' compensation insurance as required by law. Similarly, provider shall require any subcontractor to provide workers' compensation insurance in amounts required by law for all of the subcontractor's employees.
(9) 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.
(10) A copy of the person's certificate of authority (or other acceptable evidence of authority to operate) from the PUCO and/or the FCC and any other approvals, permits, or agreements as set out in § 51.05.
(11) 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 this chapter and carry on applicant's proposed activities.
(C) Criteria for issuance of a certificate of registration. In deciding whether to issue a certificate of registration, the city shall consider:
(1) Whether the issuing of the certificate of registration will contribute to the health, safety, and welfare of the city and its citizens; and
(2) Whether issuing of the certificate of registration will be consistent with this chapter; and
(3) 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; and
(4) Whether the applicant is delinquent on any taxes or other obligations owed to the city or Hamilton County or State of Ohio; and
(5) 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; and
(6) Any other applicable law.
(D) Obligations of a provider upon receipt of a certificate of registration. In addition to the other requirements set forth herein and in the rules and regulations each provider shall:
(1) Use its best efforts to cooperate with other providers and users of the rights-of-way and the 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 Public Works Director, 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 consistent with the Chapter 100 Tree Maintenance, in accordance 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 Public Works Director 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 Codified Ordinances of the city; and
(5) Construct, install, operate and maintain its facilities and system in a manner consistent with all 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 local regulations; and
(6) Be on notice that removal of trees within the rights-of-way of the city requires prior written approval by the City Manager. Any such tree that is removed without the City Manager's written permission shall be replaced, at the sole expense of the responsible person, with a healthy tree of like kind; 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 emergency involving the rights-of-way; and
(9) 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 60 days prior to the commencement of said activities; and
(a) Providers shall identify all facilities that are within the affected rights-of-way using customary industry standards and distinct identification.
(b) Facilities will be so marked as to identify the provider responsible for said facility.
(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 Public Works Director.
(d) Provider shall, weather permitting, remove all graffiti within 14 calendar days of notice. Provider shall remove any and all graffiti 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 and bill the provider for the cost thereof.
(e) All marking should be clearly readable from the ground and include the provider's name or logo only. No advertising will be permitted.
(E) Establishment of utility corridors.
(1) The Public Works Director may assign specific corridors within the rights-of-way, or any particular segment thereof as may be necessary, for each type of facilities that are, or that the Public Works Director expects, may someday be, located within the rights-of-way.
(2) Any provider whose facilities are in the rights-of-way and are in a position at variance with utility corridors established by the Public Works Director 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. This requirement may be waived by the Public Works Director for good cause shown including, but not limited to, consideration of such factors as: the remaining economic life or the facilities, public safety, customer service needs, and hardship to the provider.
(3) The Public Works Director shall make every good faith attempt to accommodate all existing and potential users of the rights-of-way as set forth in this chapter.
(4) Providers may enter into written agreements to use existing poles and conduits with the owners of same and shall use best efforts for installing their facilities within the rights-of-way.
(5) No facility placed in the rights-of-way shall be placed in such a manner that interferes with normal travel on such rights-of-way.
(6) Unless otherwise stated in a certificate of registration or permit, all facilities within the rights-of-way shall be constructed and located in accordance with this chapter and with the following provisions:
(a) Whenever all existing facilities that have been traditionally located overhead are located underground in a certain area within the city, a provider who desires to place its facilities in the same area must also locate its facilities underground;
(b) Whenever a provider is required to locate or relocate facilities underground within a certain area of the city, every provider with facilities within the same area of the city shall concurrently relocate their facilities underground.
(Ord. 10-2001, passed 9-5-01) Penalty, see § 51.99