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(a) Grant. The City hereby grants to the permittee a non-exclusive and revocable permit to make reasonable and lawful use of the streets and rights-of-way within the City, to construct, operate, maintain, reconstruct and rebuild a system within the City for the purposes of delivering telecommunications services and other utilities to residents, businesses or other premises within the City and elsewhere, subject to the conditions, terms and provisions contained in this Permit and in any prior utility or use agreements entered into with regard to any such properties. Subject to the terms of this Permit, this Permit shall constitute a non-exclusive right to make reasonable use of the streets, identified below, as may be necessary or convenient to carry out the terms of this Permit in the City. The City reserves the right to grant similar uses, licenses, franchises, permits, or any other rights with regard to the public rights-of-way or any other Municipal interest, to any other person. The rights granted under this Permit are also expressly subject to any rights granted previously by the City to any person. The granting of this Permit may also be cause for the revocation of prior permits granted to the permittee, as specified in such prior permits.
(b) Permit Area. The permittee is authorized by this Permit to encroach with conduit, telecommunications cable (fiber optics) and other telecommunications and/or utility facilities as set forth in Exhibit A, attached to original Ordinance 2000-4, passed February 14, 2000, and expressly made a part hereof by reference, in the streets listed in Exhibit B, also attached and made a part hereof.
(c) Recovery of City of Costs. The permittee shall pay to the City all direct and indirect costs and expenses incurred by the City and associated with a public or private service provider’s occupancy or use of the public right-of-way and related to the enforcement and administration of this chapter and to reimburse the City for its administrative costs related to the application. All fees related to the occupancy or use of the public right-of-way shall be assessed in a manner to be determined by the Mayor and comply with the requirements of Ohio R.C. 4939.05.
(1) Regulatory fees and compensation not a tax. Except as required by the Ohio Revised Code, specifically Ohio R.C. Chapter 4939, and decisions of the Public Utilities Commission of Ohio, the regulatory costs and fees provided for in this chapter are separate from, and additional to, any and all Federal, State, local and City taxes as may be levied, imposed or due from a service provider, its customers or subscribers, or on account of the lease, sale, delivery or transmission of services.
(d) Use of Streets and Rights-of-Way. Subject to the City's supervision and control, the permittee may erect, install, construct, repair, replace, reconstruct, and retain in, over, under, upon, across and along the streets and rights-of-way and public easements within the permit area such telecommunications and/or other utility system for the sole purpose of providing telecommunications and/or other utility services within the City. The permittee shall comply with all applicable Federal, State and local construction codes, laws, ordinances, regulations and procedures, now in effect or enacted hereafter. The permittee, through this Permit, is granted extensive and valuable rights to operate its system for profit or otherwise, using the City's rights-of-way and streets within the Permit area, all in compliance with all applicable Federal, State and local construction codes, laws, ordinances, regulations and procedures, now in effect or enacted hereafter.
(e) Force and Effect. This revocable Permit shall be of no force or effect until the following requirements have been complied with:
(1) The permittee shall have filed with a written acceptance of the terms and conditions of this Permit together with the acceptance fee, calculated pursuant to the system footage and street crossings as may be specified in Exhibit A, as set forth in subsection (b) hereof, and a fee for filing with the Clerk of Council in and for the City. Said acceptance shall be in substantially the following form:
We the undersigned do hereby accept all of the terms and conditions recited in Ordinance No. ________, and contained in this permit. The name and address of our representative to whom notices shall be sent is as follows:
The proposed system design is attached hereto as Exhibit “A”.
The streets where construction will occur are listed in attached Exhibit “B”.
(Name of Officer)
(2) The permittee shall have filed all insurance policies and certificates herein recited with the Director of Public Service; and
(3) The permittee shall file a copy of the appropriate authorization from the Public Utilities Commission of the State of Ohio with the Director of Public Service.
(f) Permit Non-Exclusive. This Permit shall be non-exclusive, and subject to all prior rights, interests, easements or licenses granted by the City or its predecessors to any person to use any property, right-of-way, easement, right, interest or license for any purpose whatsoever, including the right of the City to use the same for any purpose it deems fit, including the same or similar purposes allowed the permittee hereunder. The City may at any time grant authorization to use the streets and rights-of-way for any purpose as the City deems appropriate.
(g) Police Powers. The permittee's rights hereunder are subject to the police powers of the City to adopt and enforce ordinances necessary to the safety, health, and welfare of the public, and the permittee agrees to comply with all applicable laws and ordinances enacted, or hereafter enacted, by the City or any other legally-constituted governmental unit having lawful jurisdiction over the subject matter hereof. The City reserves the right to exercise its police powers, notwithstanding anything in this Permit to the contrary, and any conflict between the provisions of this Permit and any other present or future lawful exercise of the City's police powers shall be resolved in favor of the latter.
(h) PUCO Authorization. The permittee shall obtain, prior to the beginning of any construction, authority from the Public Utilities Commission of the State of Ohio, to provide telecommunications services and/or other utilities, if the same is required by law.
(i) Cable Operators Subject to Franchise. The permittee shall not provide any additional services without first obtaining a separate permit from the City, or amending this Permit, and shall not allow the use of the system for content services by itself, its affiliates or any service provider (including video dial tone and cable television), unless the service provider has been granted a permit or franchise for such service by the City. Concerning cable television, the permittee shall neither operate as a cable operator, as that term is defined in the Cable Act, 47 U.S.C. 522(4), nor provide or offer to provide cable service, as that term is defined in the Cable Act, 47 U.S.C. 522(5), under this Permit without first obtaining a franchise to do so. The permittee shall not provide or offer to provide any other video and/or audio services offered by cable operators to residential end users under this Permit without first obtaining a franchise to do so. This Permit is granted to the permittee solely for the purpose of directly serving its end-user customers and common carriers.
(Ord. 2000-4. Passed 2-14-00; Ord. 2002-1. Passed 1-14-02; Ord. 2006-39. Passed 11-13-06.)