141.01 Legislative Power | 141.13 Restoration |
141.02 Definitions | 141.14 Business License |
141.03 Applicability | 141.15 Reimbursement of Costs |
141.04 Authority | 141.16 Administration |
141.05 Reservation of Rights; Police Power | 141.17 Audits |
141.06 Conditions For Using the Public Rights-of-Way | 141.18 Reports and Records |
141.07 Work Permit Required | 141.19 Bond or Letter of Credit |
141.08 Work Permits Not Transferable | 141.20 Insurance |
141.09 Exceptions | 141.21 Enforcement |
141.10 Construction Standards | 141.22 Indemnification |
141.11 Placement of Facilities | 141.23 Telecommunications Facilities |
141.12 Relocation of Facilities | |
By enactment of this chapter, the Council hereby exercises its lawful police power and common law authority, and all statutory authority which is available to it, but not limited to, the powers conferred on it under Iowa law, including Section 364 of the Code of Iowa, and other provisions of law.
The following terms are defined for use in this chapter:
1. “Affiliate” when used in relation to any person, means another person who de facto or de jure owns or controls, is owned or controlled by, or is under common ownership or control with, such person.
2. “Certificate of compliance” means a certificate issued by the City to a person that has obtained an authorization in accordance with this chapter, as a prerequisite to obtaining work permits.
3. “Communications facility” or “communications system” means facilities for the provision of communications services, as that term is defined herein.
4. “Communications services” means telecommunications services, interactive computer services, and any other services involving the transmission of information by electronic or optical signals, except that it does not include “cable service” as that term is used in the Cable Communications Policy Act of 1984, as amended.
5. “Degradation” means the accelerated depreciation of the right-of-way caused by excavation in or disturbance of the right-of-way, resulting in the need to reconstruct such right-of-way earlier than would be required if the excavation did not occur.
6. “Emergency” means a condition that (i) poses a clear and immediate danger to life or health, or of a significant loss of property; or (ii) requires immediate repair or replacement in order to restore service to a customer.
7. “Equipment” means any tangible thing located in any right-of-way; but shall not include plantings or gardens planted or maintained in the right-of-way between a person's property and the street curb.
8. “Excavation” means any opening or tunneling in or under the surfacing of any public place or public rights-of-way in the City. The exception is an opening into a lawful structure below the surface of a public place or public right-of-way (e.g., a manhole), the top of which is flush with the adjoining surface and so constructed as to allow frequent openings without injury or damage to the public place or public right-of-way.
9. “Facility” or “facilities” means a pipe, sewer, pipeline, tube, main, service, trap, vent, vault, manhole, meter, gauge, regulator, valve, conduit, wire, tower, pole, pole line, anchor, cable, fiber optic, public irrigation system, junction box, transformer, or any other material, structure, sign, traffic control device, or object of any kind or character, whether enumerated herein or not, which is or may be lawfully constructed, left, placed, or maintained in, upon, along, across, under, or over any public place or public right-of-way.
10. “Federal Communications Commission” (or “FCC”) means the Federal Communications Commission or any successor.
11. “Franchise” means an authorization granted by the City to a person to construct, maintain or emplace facilities generally upon, across, beneath and over the public rights-of-way in the City.
12. “Franchise agreement” means a contract entered into between the City and a franchisee that sets forth the terms and conditions under which the franchise may be exercised.
13. “Franchisee” means a person that has been granted a franchise by the City.
14. “Obstruct” means to place any tangible object in a right-of-way so as to hinder free and open passage over that or any part of the right-of-way.
15. “Owner or operator of a facility” means any person which has a possessory interest in such facility or that controls or is responsible for, through any arrangement, the management and operation of such facility.
16. “Permittee” means any person to whom a permit to excavate or obstruct a right-of-way has been granted by the City under this chapter.
17. “Person” means any individual, corporation, partnership, association, joint stock company, trust, governmental entity or any other legal entity, but not the City.
18. “Public place” means property owned or controlled by the City and dedicated to public use, including but not limited to any park, square, or plaza.
19. “Public rights-of-way” means the surface and space above, on, and below any public highway, avenue, street, lane, alley, boulevard, concourse, driveway, bridge, tunnel, park, parkway, waterway, dock, bulkhead, wharf, pier, public easement, or right-of-way within the City in which the City now or hereafter holds any property interest which, consistent with the purposes for which it was dedicated or otherwise acquired, may be used for the purpose of constructing, operating and maintaining a facility.
20. “Public Works Director” means the City of Orange City Director of Public Works, or his designee.
21. “Registrant” means an operator or other person that has registered with the City in accordance with the provisions of this chapter.
22. “Registration” or “register” refers to the process described in this chapter whereby an owner or operator of a facility provides certain information to the City to obtain an authorization under this chapter.
23. “Restore” or “restoration” means the process by which an excavated or obstructed right-of-way and surrounding area, including, but not limited to, pavement and foundation, is returned to the same condition that existed before the commencement of excavation.
24. “Right-of-way” means the area on, below, or above any real property in which the City has an interest including, but not limited to any street, road, highway, alley, sidewalk, parkway, park, skyway, or any other place, area, or real property owned by or under control of the City, including other dedicated rights-of-way for travel purposes and utility easements.
25. “Routine maintenance” means the action of keeping in a certain state of repair, that is a regular, customary procedure and does not include excavation, restoration or impede the traveling public.
26. “Substructure” means any pipe, conduit, duct, tunnel, manhole, vault, buried cable or wire, or any other similar structure located below the surface of any public place or public right-of-way.
27. “Supplementary application” means an application made to excavate or obstruct more of the right-of-way than allowed in, or to extend, a permit that had already been issued.
28. “Telecommunications” has the meaning ascribed to it in 47 U.S.C. § 153(43).
29. “Telecommunications service” has the meaning ascribed to it in 47 U.S.C. § 153(46).
30. “Traffic control device” means any traffic signal equipment, signs, interconnect lines or cables, paint or pavement markings, traffic safety barricades or cones, or any other in-place traffic safety device.
31. “Utility” means a private company or corporation or City department engaged in providing a particular service to the general public.
32. “Work” means any excavation upon, under, or through a public place or the public rights-of-way at specified times and places to erect, construct, excavate, emplace, or otherwise work on facilities.
33. “Work permit” means an authorization issued by the City to enter upon the public rights-of-way at specified times and places to erect, construct, emplace, or otherwise work on facilities.
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