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907.05 CRITERIA FOR GRANTING PERMITS.
   (a)   A General Right-of-Way Permit shall be granted to any Applicant holding a valid Franchise.
   (b)   Except as provided in Section 907.05(a) and (c), a General or a Limited Right-of-Way Permit shall be granted to an Applicant upon a determination that:
      (1)   The granting of the Right-of-Way Permit will contribute to the public health, safety or welfare in the City;
      (2)   The granting of the Right-of-Way Permit will be consistent with the policy of the City as set forth in Section 907.02(d); and
      (3)   The Applicant is not delinquent on any taxes or other obligations to the City, Franklin County, Fairfield County or Licking County and has the requisite financial, managerial and technical ability to fulfill all its obligations hereunder.
   (c)   A Limited Right-of-Way Permit for Residential Purposes not exempted pursuant to Section 907.03(a) shall be granted at the Director's discretion if the Director finds that granting such Permit will not be inconsistent with the policy of the City set forth in Section 907.02(d).
   (d)   The Director, the Right-of-Way Board or Council on appeal may impose such lawful conditions on the granting of a Permit as reasonably required to be consistent with the criteria set forth in this Section 907.05 and to promote the policy of the City set forth in Section 907.02(d).
(Ord. 32-05. Passed 5-9-05.)
907.06 OBLIGATIONS OF PERMITTEES; CONDITIONS OF PERMITS.
   (a)   In addition to the other requirements set forth herein and in the Regulations, each Permittee, except a Limited Right-of-Way Permittee for Residential Purposes, shall:
      (1)   Use its Best Efforts to cooperate with other Permittees and the City for the best, most efficient, most aesthetic and least obtrusive use of Rights-of-Way, consistent with safety, and to minimize traffic and other disruptions including street cuts;
      (2)   Participate in such joint planning, construction and advance notification of Right-of-Way work, excepting such work performed in an emergency provided the Permittee uses its Best Efforts to contact the City at the earliest possible time after beginning any such emergency work requiring excavation or other interference with the flow of traffic, as may be required by Chapter 901, Reynoldsburg City Code and this chapter and as may be more specifically set forth in Regulations promulgated pursuant to this chapter, and provided further, that mandatory joint planning shall not
         A.   Commence prior to January 1, 2006, or
         B.   Require the exchange or provision of trade secrets or competitively sensitive materials or information;
      (3)   Reasonably cooperate with other Permittees in utilization of, construction in and occupancy of public rights-of-way within the City, but only to the extent the same is consistent with the grant thereof, is not additionally burdensome to any property owner or unreasonably burdensome to the Permittee; provided, however, that nothing in this paragraph shall be construed to require expenditure of funds or rearrangement of facilities by a Permittee without fair compensation.
      (4)   At the direction of the Director upon reasonable written notice of not less than ninety (90) days, as determined by the Director taking into account the size of the project, the difficulty associated with such removal or rearrangement, costs and such other matters as the Director deems appropriate, any Permittee shall, at its sole cost, including but not limited to engineering, construction, permits and other such costs, temporarily or permanently remove or rearrange its facilities:
         A.   As deemed necessary or otherwise in the public interest by the Director to accommodate construction, repair or modification of any street, sidewalk, City utility or other public improvement;
         B.   As part of the Director's determination, to the extent permitted by Ohio law, that designated portions of its Rights-of-Way should accommodate only underground facilities or that facilities should occupy only one side or a specified portion of a street or other public way, provided that such determination is reasonable and a part of an overall improvement or beautification plan or project;
         C.   If an additional or subsequent City or other public use of Rights-of-Way is inconsistent with the then current uses of such Permittee; or
         D.   For any other reasonable cause as determined by the Director pursuant to Section 907.14(b). Notwithstanding any other provision of this paragraph, notice of less than ninety (90) days may be utilized to the extent necessary to alleviate an emergency threatening the public health, safety, or welfare. If the Permittee believes that additional time is necessary to relocate facilities pursuant to this section and such additional time is not granted by the Director, the Permittee may petition City Council for additional time to relocate its facilities.
      (5)   Provide maps and other information relating to a Permittee's facilities and operations within the Rights-of-Way and compliance with this chapter in such form as the Regulations require. Said maps and information shall, at a minimum, locate, describe and identify all uses of, and structures and facilities of such Permittee in, the Rights-of-Way;
      (6)   Perform all work, construction, maintenance or removal of structures and facilities within the Right-of-Way, including tree trimming, in accordance with good engineering and construction practice including any appropriate safety codes and in accordance with Chapters 905, 909, 913, and 917 of the Codified Ordinances of Reynoldsburg as may be amended from time to time and the Reynoldsburg Major Commercial Corridors Streetscape and Development Design Guidelines/Standards, adopted by Reynoldsburg Ordinance 39-01, as may be amended from time to time and use its Best Efforts to repair and replace any street, curb or other portion of the Right-of-Way, or facilities or structure located therein, 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 Permittees, all in accordance with the Regulations adopted hereunder or under Chapter 901, Reynoldsburg City Code;
      (7)   Register, or cause to be registered, its facilities with underground reporting services as set forth in the Regulations;
      (8)   Use its Best Efforts to cooperate with the City in any emergencies involving the Rights-of-Way in such manner as the Regulations shall require including the maintenance of a twenty-four (24) hour emergency contact;
      (9)   Be permitted to enter into lease or other wholesale type agreements with affiliates or other entities for the use of Permittee's facilities located within the Rights-of-Way; provided, however, Permittee shall remain responsible and liable to pay all rights-of-way fees and perform all obligations imposed by:
         A.   This chapter;
         B.   Any Regulations promulgated pursuant to this chapter; and
         C.   The Permittee's Right of Way Permit;
      (10)   Designate a single point of contact for all purposes hereunder, as well as comply with such other contact and notice protocols as the Regulations require.
   (b)   Each Permittee shall assure that any subcontractor or other Person performing any work or service in the Right-of-Way on behalf of said Permittee will comply with all applicable provisions of this chapter and its Right-of-Way Permit and will identify the Permittee for whom such contractor is working. Said Permittee shall be responsible and liable hereunder for all actions of any such subcontractor as if said Permittee had performed or failed to perform any such obligation.
(Ord. 32-05. Passed 5-9-05.)
907.07 PERMIT FEES AND AUDITING.
   (a)   Except for any fees charged pursuant to Chapter 901, Reynoldsburg City Code, General Right-of-Way Permittees who have a Franchise shall not be liable for any additional Right-of-Way Permit fees over and above any Franchise fees specified in its Franchise for uses of Rights-of-Way directly related to the uses for which such Permittee holds its Franchise, so long as the amount of such fees due in each quarter is equal to or greater than the amounts otherwise due the City pursuant to Section 907.07(b). If the amount due under Section 907.07(b) is more than said Franchise fees, then the Permittee shall receive a credit in each quarter against such amount for all such fees paid in such quarter, and shall pay the balance to the City as set forth in Section 907.07(e). Any cable television provider that has a valid franchise to operate a cable television system within the City shall not be liable for any additional Right-of-Way Permit fees over and above any cable television franchise fees specified in its cable television franchise for uses of Rights-of-Way directly related to the uses for which such cable television provider holds a cable franchise, so long as the amount of such fees due in each quarter is equal to or greater than the amounts otherwise due the City pursuant to Section 907.07(b). If the amount due under Section 907.07(b) is more than said cable franchise fees, then the cable television provider shall receive a credit in each quarter against such amount for all such fees paid in such quarter, and shall pay the balance to the City as set forth in Section 907.07(e).
   (b)   (1)   In addition to any fees charged pursuant to Chapter 901, Reynoldsburg City Code, all General Right-of-Way Permittees shall pay an annual fee, for each calendar year, in the amount of one thousand two hundred dollars ($1,200.00);
      (2)   Such payment shall be made yearly on or before March 31 or in quarterly payments of three hundred dollars ($300.00) on or before March 31, June 30, September 30 and December 31 of the calendar year.
   (c)   In addition to any fees charged pursuant to Chapter 901, Reynoldsburg City Code, Limited Right-of-Way Permittees shall pay an annual fee of $.50 per lineal foot of Right-of-Way used or occupied, but not less than $50.00. This fee shall be waived for all Limited Right-of-Way Permits for Residential Purposes and may be waived by the Director for Limited Right-of-Way Permittees that are agencies of the government of the United States, the State of Ohio, or its political subdivisions. Such fee shall be paid in advance for each calendar year prior to January 31 of such year.
   (d)   Further specification regarding the determination and calculation of the fees set forth in Sections 907.07 (b) and (c) may be set forth in the Regulations.
   (e)   All Fees pursuant to this chapter shall be paid by check, money order or wire transfer to the City as the Regulations require.
   (f)   Each General Right-of-Way Permittee shall maintain books, records, maps, documents and other evidence directly pertinent to its calculation of payments to the City. The Director, the City Finance Director or either's designated agents shall have reasonable access to any books, records, maps, documents and other evidence for inspection, copying and audit to the extent necessary to assure that the payments hereunder are accurate and that all Right-of-Way Permittees fully comply with the provisions of this chapter and their respective Right-of-Way Permits.
   (g)   Any increase in such fees must be approved by Council.
(Ord. 32-05. Passed 5-9-05; Ord. 84-05. Passed 10-24-05.)
907.08 JOINT PLANNING AND CONSTRUCTION.
   In order to promote the purposes of this chapter and the policy set forth herein, the Director shall develop regulations requiring and governing joint planning and construction for all Right-of-Way Permittees except for Limited Right-of-Way Permittees for Residential Purposes. Such Regulations shall not, however, require a Permittee to divulge trade secrets or other competitively sensitive confidential information release of which would cause material injury to the Permittee. Such Regulations shall also require any confidential information of a Permittee in the possession of the City be treated as such, to the extent determined legally appropriate by the City Attorney.
(Ord. 32-05. Passed 5-9-05; Ord. 84-05. Passed 10-24-05.)
907.09    CITY USE OF FACILITIES.
   Except for traffic control facilities and facilities in place as of the effective date of this chapter, facilities that are the subject of other agreements between the City and a Permittee, or as otherwise provided by law, the City shall not install or maintain upon any poles and within any underground pipes or conduits or other facilities of any General or Limited Right-of-Way Permittee, any facilities desired by the City for the City's use without the consent of such Permittee unless:
   (a)   Such installation and maintenance is lawful and consistent with good engineering and construction practice and all appropriate safety codes;
   (b)   Such installation and maintenance does not unreasonably and materially interfere with existing and future operations of the Permittee;
   (c)   Such installation and maintenance is not unduly burdensome to such Permittee,
   (d)   The City offers to enter into a reasonable agreement with the Permittee which specifies other appropriate and reasonable terms and conditions governing the use of Permittee's facilities including compensation to the Permittee for the City's use of such facilities, and the City's use is non-discriminatory. Each Permittee shall cooperate with the City in the development of a facility use agreement for such City facilities. Each Permittee shall cooperate with the City in planning and designing its facilities so as to accommodate the City's reasonably disclosed requirements in this regard. Copies of all agreements hereunder shall be filed with the Director.
(Ord. 32-05. Passed 5-9-05.)
907.10 ADOPTION OF REGULATIONS.
   (a)   In accordance with the provisions of Section 907.10(c), the Director may propose Regulations, as the Director deems appropriate from time to time, to carry out the express purposes and intent of this chapter, including Regulations governing the procedures of the Right-of-Way Board. Such proposed Regulations shall be filed with the Clerk of Council to be placed on Council's agenda for action subsequent to the Comment Period noted below. Each General Right-of-Way Permittee shall be served with a copy of the proposed Regulations by regular U.S. mail; provided, however, that any failure of any Permittee to actually receive such notice shall not in any way affect the validity or enforceability of such regulation. A Permittee, may file specific written comments or objections on the proposed Regulations with the Clerk of Council within the thirty (30) day period after receipt of regulations. (hereinafter "Comment Period").
   (b)   Such Regulations shall not materially increase the obligations of any Permittee hereunder. In proposing such Regulations, including those related to Section 907.06(a), the Director shall, among other appropriate factors, consider the costs of Permittee compliance as an important factor in determining the appropriateness of the Regulations.
   (c)   The Council shall, by ordinance, adopt, reject or modify any proposed Regulations.
(Ord. 32-05. Passed 5-9-05.)
907.11 INDEMNITY; INSURANCE.
   (a)   Except for Limited Right-of-Way Permittees for Residential Purposes, each Permittee shall, as a condition of its Right-of-Way Permit, indemnify, protect and hold harmless the City from any claim, loss or damage arising in any way from Permittee's occupation or use of the Right-of-Way, including but not limited to the construction, operation or maintenance of Permittee's facilities, and from any such Permittee's negligent or wrongful act or omission excluding, however, claims arising from the City's sole negligence or willful misconduct.
   (b)   Except for Limited Right-of-Way Permittees for Residential Purposes, each Permittee, as a condition of its Permit, shall keep in force a policy or policies of liability insurance, having such terms and in such amounts as are set forth in the Regulations, covering its facilities and operations pursuant to its Right-of-Way Permit. The City shall be named as an additional insured on such policy.
   (c)   Upon the written application of a Permittee and approval of the Director, City Attorney and City Auditor, Permittees who:
      (1)   Maintain a net book value in excess of ten million dollars ($10,000,000); and
      (2)   Otherwise demonstrate and maintain acceptable financial strength, may self-insure in lieu of providing policies of insurance.
(Ord. 32-05. Passed 5-9-05.)
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