Loading...
(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.)
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.)
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.)
(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.)
(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.)
(a) Except for Limited Right-of-Way Permittees for Residential Purposes, when the Permit so allows, any Right-of-Way Permittee that intends to discontinue use of and abandon any facilities within the Rights-of-Way shall submit a written notice to the Director describing the portion of the facilities to be discontinued and abandoned, any plan for securing the same and the proposed date of abandonment, which date shall not be less than sixty (60) days from the date such notice is submitted to the Director. A Permittee shall not abandon such facilities without such notice. The Permittee shall remove or secure such facilities if and as required by the written order of the Director so long as such order is issued no more than sixty (60) days from the date said notice is submitted to the Director.
(b) Should any Permittee fail, after notice, to remove or rearrange facilities at the Director's request as specified in Section 907.06(a)(4) or comply with the Director's order pursuant to Section 907.12(a), the City may, at its option and in addition to the imposition of any penalties or other remedies hereunder, undertake or cause to be undertaken, any reasonable action necessary to remove, secure, or rearrange the facilities. The City shall have no liability for any damage caused by such action and the Permittee shall be liable to the City for all reasonable costs incurred by the City in such action.
(Ord. 32-05. Passed 5-9-05.)
(a) In addition to any other rights set out in this chapter, the City reserves the right to revoke, in accordance with the procedures set forth in Section 907.13(b), any Right-of-Way Permit in the event such Permittee violates any material provision of this chapter or its Right-of-Way Permit.
(b) The Director shall give a Permittee thirty (30) days prior written notice of an intent to revoke said Permittee's Right-of-Way Permit. Such notice shall state the reasons for such action. If the Permittee cures the violation or other cause within the thirty (30) day notice period, or if the Permittee initiates efforts satisfactory to the Director to remedy the stated violation, the Director shall rescind said notice of revocation. If the Permittee does not cure the stated violation or other cause or undertake efforts satisfactory to the Director to remedy the stated violation, the Director may recommend said Permit be revoked. After granting the Permittee an opportunity to be heard in person or in writing, the Right-of-Way Board may revoke the Right-of-Way Permit. Unless otherwise required by law, the decision of the Right-of-Way Board shall be final.
(c) Unless otherwise permitted by the Director or required by law, if a Right-of-Way Permit is revoked, all facilities located in the Rights-of-Way or located upon Public Property pursuant to such Permit shall be removed at the sole expense of the Permittee.
(Ord. 32-05. Passed 5-9-05.)
Loading...