For the purposes of Chapter 733, the following terms, phrases, words, and their derivations have the meanings set forth herein. When not inconsistent with the context, words in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The words "shall" and "will" are mandatory and “may” is permissive. Words not defined shall be given their common and ordinary meaning. Defined terms remain defined terms whether or not capitalized.
(a) “Applicant” means any Person who seeks to obtain or renew a License.
(b) “Application” means the process and format by which an Applicant submits a request to obtain a License.
(c) “City” means the City of Oxford, Ohio.
(d) “City Council (Council)” means the governing body of the City.
(e) “City Manager” means the administrative head of the municipal government known as the City of Oxford, Ohio.
(f) “Codified Ordinances” means the Codified Ordinances of the City of Oxford, Ohio.
(g) “Construct” means, but shall not be limited to, dig, bore, tunnel, trench, excavate, obstruct, install wires, install conduit, install pipes, install transmission lines, install poles, install signs, or install Facilities, other than landscaping or 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.
(h) “Construction” means, but shall 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 or 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.
(i) “Facility(ies)” means 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.
(j) “Grantee” means any party, Person, entity, corporation or partnership which has been granted a License by the City for the providing or building of a Telecommunications System as provided in these definitions.
(k) “In”, when used in conjunction with Rights of Way, means in, on, above, within, over, below, under or through a Rights of Way.
(l) “Law(s)” means any local, state, 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 this Chapter or at any time during the location of, and/or while a Grantee's Telecommunications System is located in the public Rights of Way.
(m) “License” means the permission granted by the City to operate a Telecommunications System within the Rights of Way of the City of Oxford.
(n) “License Fee” means the money paid to the City to maintain a License to operate a Telecommunications System within the Rights of Way of the City and compensate the City for costs associated with Rights of Way management and administration.
(o) “Person” means any natural or corporate Person, business association, or other business entity including, but not limited to, a partnership, a sole proprietorship, a political subdivision, a public or private agency of any kind, a utility, a successor or assign of any of the foregoing, or any other legal entity.
(p) “Restore (Restoration)” means the process and the resultant effects by which a Rights of Way is returned to a condition as good as or better than its condition immediately prior to Construction. Restoration shall occur in accordance with the Rules and Regulations established by the Director of Public Service and as amended from time to time.
(q) “Right(s) of Way” means the surface and space in, on, 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 Telecommunications 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.
(r) “Rule(s) and Regulation(s)” means any rule and or regulation adopted by the Director of Public Service pursuant to Law.
(s) “Telecommunication Service(s)” shall mean voice, video, data transmission, or any other means of transmission over any Telecommunication System, the lease of the system to third parties, or any other access or private line service. For the purpose of this Chapter, Telecommunications Services shall include a “Cable System” and “Cable Service” as defined in Title 47, Section 522 (6) and (7) of the United States Code and other means of video delivery which are considered cable television systems.
(t) “Telecommunications System ("System")” means any conduit, ducts, cables, pipes, wires, lines, towers, antennae wave guides, optic fiber, microwave, or laser beams, and any associated converters, equipment, or Facilities designed and constructed for the purpose of producing, receiving, amplifying, delivering or distributing Telecommunications Service within the City.
(u) “Transfer” means the disposal by the Provider, directly or indirectly, by gift, assignment, voluntary sale, merger, consolidation, or otherwise, of twenty-five percent (25%) or more at one time of the ownership or controlling interest in the System, or twenty-five percent (25%) cumulatively over the term of a License of such interests to a corporation, partnership, limited partnership, trust, or association, or Person or group of Persons acting in concert.
(Ord. 2680. Passed 5-16-00.)
The City of Oxford shall not allow any Person to operate a Telecommunications System in the City of Oxford Rights of Way without a License hereby granted by the City. Such License as granted by the City would give (the Grantee the right to Construct, operate, and maintain a Telecommunications System in the City's Rights of Way under the following terms and conditions:
(a) Any construction must be compatible with the City's telecommunications' policy objectives as allowed by Law.
(b) Unless specifically exempted herein, Grantee agrees to pay the City a License Fee in an amount to be negotiated per linear foot of Facilities of Grantee's Telecommunications System constructed in the City Rights of Way whether Grantees Telecommunications System is utilized or not.
(c) Grantee may install in the public Rights of Way new Telecommunications System and Facilities only with the prior approval of the City. It is understood that the City is concerned about limited Rights of Way, space ability, traffic delays, interruption to business, and other factors consumed with the welfare of the public good. Notwithstanding any other provision of this Chapter, nothing in a License is to be construed as giving Grantee the right to extend its Telecommunication system without prior City approval.
(d) Whenever Grantee desires to initially install or expand the Telecommunications System identified, Grantee shall inform the City of its plans prior to implementing the project. No construction in the public Rights of Way shall be permitted without prior approval of the City. Grantee shall also inform the City of any Transfer of the Telecommunication System and any impact on the use of such Rights of Way by said Transfer in any manner. Upon Grantee providing written notice to the City Manager, the City shall review the situation, have the right to terminate the License, or reopen negotiations for compensation for use of the Rights of Way under the License. Such notice of reopening shall be provided to the City Manager in writing.
(e) Grantee shall be given the right to operate its Telecommunication System for a set period of years to be determined by the City and Grantee, and shall commence with the issuance of a License.
(f) Grantee shall comply with all applicable Law, License Fee requirements and auditing procedures.
(g) Unless otherwise exempted pursuant to subsection (b) above, Grantee shall pay the City, throughout the term of the License, as compensation for the occupation, disturbance, degradation and use of the public Rights of Way in an amount to be negotiated for each linear foot of Facilities of Grantee's Telecommunications System installed in the City. Such funds shall be paid on a quarterly basis within forty-five days after the end of each quarter.
(h) Accompanying each payment to the City the Grantee shall file with the City a report of its calculation of the payment setting forth the amount of Facilities in Grantees Telecommunications System in the City and the calculation of the License Fee.
(i) All of Grantees certified financial statement, books, maps, and records concerning its Telecommunications System and its calculation of payments to the City shall be open for inspection by an appropriate officer of the City or its designee at all convenient times to determine the amount of compensation due to the City from Grantee under the License.
(j) Cable companies operating under non-exclusive franchises and compensating the City for Rights of Way costs under other mechanisms (Franchises, etc.) shall be exempted from the License Fee requirements of this Chapter as long as the compensation from those other mechanisms exceeds the amount that would be necessary to satisfy the linear foot License Fee for such Cable System in the Rights of Way requirement of this Chapter.
(Ord. 2680. Passed 5-16-00.)
(Ord. 2680. Passed 5-16-00.)
(a) The Grantee shall maintain public liability and property damage insurance that protects the Grantee and the City; naming the City as an additional insured as well as the City's officers, agents, employees and volunteers. The insurance shall provide coverage at all times of not less than one million dollars ($1,000,000.00) for personal injury to each person and one million dollars ($1,000,000.00) for each occurrence involving property damage plus costs of defense or a combined single limit policy of not less than five million dollars ($5,000,000.00) covering all claims plus costs and defense. The policy shall provide that the insurance shall not be cancelled or materially altered without thirty (30) days written notice first being given to the City. If the insurance is cancelled or materially altered within the term of the License, Grantee shall provide a new policy with the same terms. Grantee agrees to maintain continuous uninterrupted coverage in the amounts required for the duration of the term of the License.
(b) The Grantee shall maintain on file with the City Treasurer, a certificate of such insurance as enumerated in subsection (a) above.
(Ord. 2680. Passed 5-16-00.)
(Ord. 2680. Passed 5-16-00.)
Grantee will agree to indemnify, defend, and hold the City and its officers, agents, employees, and volunteers harmless from any and all claims or causes of action for injury damage loss, liability costs or expense, including court and appeal costs and reasonable attorney fees or expenses arising from any casualty or accident to person or property by reason of any Construction, excavation or any act or omission done pursuant to the License by or for Grantee, its agents or employees, or by reason of neglect or admission of Grantee to keep its Telecommunications System in a safe condition. Grantee shall consult and cooperate with the City while conducting its defense of the City.
(Ord. 2680. Passed 5-16-00.)
(Ord. 2680. Passed 5-16-00.)
(a) Accompanying any application for a License between an Applicant and the City shall be a complete plan of the Telecommunications System filed with the City prior to the issuance of a License. Such plans shall have a complete timetable of Construction of Applicant's Telecommunications System and when it will be completed within the City.
(b) Such plans shall also be subject to approval by the City, including all Construction and timetables within the City. With the maps given to the City, the Applicant shall provide a detailed description of the type and quantity of Facilities, including but not limited to conduit, fiber, coaxial, twisted pair, fiber count, and pair count. Upon substantial completion of Construction, a Grantee shall provide as built drawings and plans of the Telecommunications System acceptable to the City.
(c) Prior to doing any Construction work, Grantee must apply for and obtain appropriate permits from the City, give appropriate notices to the City or bureaus of the City, or the City's infrastructure coordinating committee and the Advisory Utilities Commission, or other units of government ongoing or maintaining Facilities which may be affected by the proposed Construction.
(d) Grantee's system will be constructed and maintained so as not to interfere with any current or existing Rights of Way user including any City, County or other Person's property including sewers, water pipes, or any other property of the City, County, or Person.
(e) Grantee will be required to relocate the Telecommunications System Facilities located in the Rights of Way if requested by City. The cost of relocation will be Grantee's sale cost.
(Ord. 2680. Passed 5-16-00.)
(Ord. 2680. Passed 5-16-00.)
Grantee shall agree with the City to properly Restore any Rights of Way within any area affected by the Construction by the Grantee. The City may, after providing notice to Grantee, refill in or repave any opening made by Grantee and the expenses thereof will be paid by Grantee. Restoration shall be in accordance with City standards and Rules and Regulations.
(Ord. 2680. Passed 5-16-00.)
If the involved Grantee's Telecommunications System provides, leases, or operates a "Cable Service" and/or "Cable System" as defined in Title 47, Section 522 (6) and (7) of the United States Code within the City, such Grantee shall undergo negotiations with the City to provide access services to the City. Any provider of video signals under this chapter in the City agrees to carry the entire access-programming lineup utilized by cable televisions in the City. This specifically excludes video providers who are exempted from such access requirements under Law.
(Ord. 2680. Passed 5-16-00.)
(Ord. 2680. Passed 5-16-00.)
(a) Liquidated Damages. In addition to any other rights reserved by the City under Law, the License shall also include a provision of liquidated damages to be negotiated by the Grantee and the City. Such liquidated damages shall allow the City to enact unilateral damages on the Grantee for violations of this License. The terms of said liquidated damages will be located within the License between the Grantee and the City.
(b) Grantee may not Transfer the rights and privileges granted hereunder without the prior written consent of City expressed by resolution or ordinance, and then only under such conditions as may herein be prescribed. No Transfer in Law or otherwise shall be effective until the City has consented and the transferee has filed with the City an instrument duly executed reciting the fact of such assignment or Transfer, accepting the terms of the License, and agreeing to comply with all of the provisions hereof.
(Ord. 2680. Passed 5-16-00.)
(Ord. 2680. Passed 5-16-00.)
To apply for a License in the City, the Applicant shall inform the City in writing that it wishes to apply for a License in the City of Oxford. The parties shall commence the application process and discussions within sixty (60) days after the receipt of this letter and if the process is successful, a License document shall be submitted to Council for a vote on the issuance of said License. Such Applicant shall also pay the City an Application fee of one hundred dollars ($100.00), which is nonrefundable under any circumstances.
(Ord. 2680. Passed 5-16-00.)