(a) Certificate of Registration Applications. To obtain a certificate of registration to construct, own, or maintain any system within the City, or to obtain a renewal of a certificate of registration issued pursuant to this chapter, an application must be filed with the City on the form provided by the Public Works Department. Each applicant shall pay an application fee to reimburse the City for the actual and direct costs incurred by the City that are associated with receiving, reviewing, processing and granting (or denying) an application. At the time of its decision to either grant or deny an application, the City shall calculate and assess all actual and direct costs involved in receiving, reviewing, processing, and granting (or denying) the application and provide a written notice to the applicant for the appropriate amount. Such fee shall be paid within thirty days of invoice by the City. The certificate of registration, if granted, shall not be issued until such fee is paid. Any applicant who fails to timely remit such invoiced application fee amounts shall be subject to the penalties of this chapter, the imposition of any other legal or equitable remedies available to the City, the penalties of Section 907.99, and the immediate revocation of any certificate of registration having been issued.
(b) Information Required for Application to Obtain a Certificate of Registration.
(1) The applicant shall keep all of the information required in this section current at all times, provided further that applicant or provider shall notify the Public Works Director of any changes to the information required by this section within thirty days following the date on which the applicant or provider has knowledge of such change. The information provided to the City at the time of application shall include, but not be limited to:
A. Each applicant's name, legal status (i.e. partnership, corporation, etc.), street address and e-mail address, if applicable, and telephone and facsimile numbers;
B. The name, address and e-mail address, if applicable, and telephone and facsimile numbers of a system representative. The system representative shall be available at all times. Current information regarding how to contact the system representative in an emergency shall be provided at the time of application and shall be updated as necessary to assure accurate contact information is available to the City at all times; and
C. A certificate of insurance provided to meet the requirements of this section which shall provide evidence of the following:
1. That applicant maintains insurance as required herein provided by insurance companies licensed to do business in the State of Ohio and that all such insurance companies have a current A.M. Best rating of A: VII or better, unless otherwise acceptable to the City Manager;
2. That the applicant maintains commercial general liability insurance including products and completed operations coverage on an occurrence basis against claims for bodily injury, personal injury, including death, as well as claims for property damage arising out of the:
a. Use and occupancy of the rights-of-way by the applicant, its officers, agents, employees and contractors; and
b. Placement and use of facilities in the rights-of-way by the applicant, its officers, agents, employees and contractors, including, but not limited to, protection against liability arising from any and all operations, damage of underground facilities and collapse of property;
3. That the City, its elected and appointed officials, officers, employees, agents and volunteers have been endorsed as additional insureds as to whom the commercial general liability and completed operation and products liability insurance required herein are in force and applicable and for whom defense will be provided as to all such coverages;
4. That for any claims related to placement and use of facilities in the right-of-way, the applicant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance, self-insurance or similar protection maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the applicant's insurance required herein and shall not contribute with it;
5. That the City shall be notified at least thirty days in advance of cancellation of, or coverage changes in, the policy. The commercial general liability insurance policies required by this section shall contain the following endorsement:
a. "It is hereby understood and agreed that this policy may not be diminished in value, canceled nor the intention not to renew be stated, until thirty (30) days after receipt by the City, by registered mail, return receipt requested, of a written notice addressed to the City Manager or her/his designee of such intent to cancel, diminish or not to renew."
Within thirty days after receipt by the City of said notice, and in no event later than five days prior to said cancellation, the provider (or applicant) shall obtain and furnish to the City Manager a certificate of insurance evidencing replacement insurance policies.
6. That applicant satisfies the requirements for comprehensive liability coverage and automobile liability coverage as follows:
a. Commercial general liability insurance: commercial general liability insurance including products and combined operations coverage to cover liability, bodily injury, personal injury, and property damage must be maintained. Coverage must be written on an occurrence basis, with minimum limits of one million dollars ($1,000,000) per occurrence and three million dollars ($3,000,000) annual aggregate and including the following provisions or their equivalent:
i. Completed operations and products liability shall be maintained for six months after the termination of a certificate of registration.
ii. Property damage liability insurance shall include coverage for the following hazards: E-explosion, C-collapse, U-underground.
b. Automobile liability insurance: automobile liability insurance to cover owned, hired, and non-owned vehicles must be maintained with minimum limits of one million dollars ($1,000,000) per accident for bodily injury and property damage.
(2) Applicant may satisfy the minimum liability limits required above for commercial general liability or automobile liability under an umbrella or excess liability policy. Applicant agrees to endorse the City, its elected and appointed officials, officers, employees, agents and volunteers as additional insureds on the umbrella or excess policy, unless the certificate of insurance states the umbrella or excess policy provides coverage on a "follow form" basis.
(3) Additional insurance: The City reserves the right to require any other insurance coverage it deems necessary after review of any proposal submitted by applicant.
(4) Self-insurance: Those applicants maintaining a book value in excess of fifty million dollars ($50,000,000) may submit a statement requesting to self-insure. If approval to self-insure is granted, applicant shall assure the City that such self insurance shall provide the City with no less monetary protection and guarantee than would have been afforded to the City by a third party insurer providing applicant with the types and amounts of coverage detailed in this section. This statement shall include:
A. Audited financial statements for the previous year.
B. A description of the applicant's self-insurance program.
C. A listing of any and all actions against or claims made against applicant for amounts over one million dollars ($1,000,000) or proof of available excess umbrella liability coverage to satisfy all total current claim amounts above fifty million dollars ($50,000,000).
D. The City Manager may modify or waive these requirements if they are not necessary in determining the sufficiency of the self-insurance. The City Manager may request applicable and pertinent additional information if it is necessary in determining the sufficiency of the self-insurance. The applicant may be required to provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claims administration, and defense expenses.
(5) City's examination of, or failure to request or demand, any evidence of insurance in accordance with this chapter shall not constitute a waiver of any requirement of this section and the existence of any insurance shall not limit applicant's obligations under this chapter.
(6) Documentation that applicant or provider maintains standard workers' compensation coverage as required by law. Similarly, provider shall require any subcontractor to provide workers' compensation coverage in amounts required by law for all of the subcontractor's employees.
(7) If the person is a corporation, a copy of the certificate of incorporation and certificate of current good standing (or its legal equivalent) as recorded and certified to by the Secretary of State (or legal equivalent) in the State or country in which incorporated.
(8) A copy of the person's certificate of authority from the PUCO and/or the FCC, if the person is lawfully required to have or actually does possess such certificate from said commission(s) and any other approvals, permits, or agreements as set out in Section 907.02(i).
(9) Upon request of the City, a narrative for if applicable PUCO/FCC application information) describing applicant's proposed activities in the City including credible information to the City's satisfaction detailing applicant's financial, managerial, and technical ability to fulfill applicant's obligations under this chapter and carry on applicant's proposed activities.
(c) Criteria for Issuance of a Certificate of Registration.
(1) In deciding whether to issue a certificate of registration, the City shall consider:
A. Whether the issuing of the certificate of registration will contribute to the health, safety, and welfare of the City and its citizens.
B. Whether the issuing of the certificate of registration will be consistent with this chapter.
C. Whether applicant has submitted a complete application and has secured all certificates and other authorizations required by law in order to construct and operate a system in the manner proposed by the applicant.
D. Whether the applicant is delinquent on any taxes or other obligations owed to the City, County or State of Ohio.
E. Except as otherwise exempted by the Ohio Revised Code, whether the applicant has the requisite financial, managerial, and technical ability to fulfill all its obligations under this chapter and the issuance of a certificate of registration.
F. Whether the applicant has a current City general contractor license.
G. Any other applicable law or information which the City deems necessary, advisable, or appropriate.
(d) Grant or Denial of an Application for a Certificate of Registration.
(1) The City, not later than sixty days after the date of filing by an applicant of a completed application, shall grant or deny the application.
(2) If an application for a certificate of registration is denied, the City shall provide to the applicant, in writing, the reasons for denying the application and such other information as the applicant may reasonably request to enable applicant to prospectively obtain such consent.
(e) Obligations of a Provider upon Receipt of a Certificate of Registration. In addition to the other requirements set forth herein and in the Rules and Regulations each provider shall:
(1) Use its best efforts to cooperate with other providers and users of the rights-of- way and the City for the best, most efficient, and least obtrusive use of rights-of-way, consistent with safety, and to minimize traffic and other disruptions including street cuts;
(2) When possible, participate in joint planning, construction and advance notification of rights-of-way work, as may be required by the City;
(3) Upon reasonable written notice, and at the direction of the Public Works Director, promptly remove or rearrange facilities as necessary for public safety;
(4) Perform all work, construction, maintenance or removal of facilities within the rights-of-way, in accordance with good engineering, construction and arboricultural practice (if applicable), including any appropriate State building codes, safety codes and law and use best efforts to repair and replace any street, curb or other portion of the rights-of-way, or facilities located therein, to a condition to be determined by the Public Works Director to be adequate under current standards and 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 providers, all in accordance with all applicable provisions of this chapter, any Rules and Regulations the City may adopt and the Code;
(5) Construct, install, operate and maintain its facilities and system in a manner consistent with all applicable laws, ordinances, construction standards and governmental requirements including, but not limited to, The National Electric Safety Code, National Electric Code and applicable FCC or other Federal, State and/or local regulations;
(6) Be on notice that removal or trimming of trees within the rights-of-way of the City requires prior written approval by the Public Works Director or his/her designee and must be completed by a certified arborist. Any such tree that is removed without the Public Works Director's written permission shall be replaced, at the sole expense of the responsible person, with a healthy tree of a kind approved by the Public Works Director and shall be replaced inch for inch (i.e. a fifteen inch tree removal may require replacement with five three inch trees) of a species and at a location approved by the Public Works Director;
(7) Warrant that all worker facilities, conditions and procedures that are used during construction, installation, operation and maintenance of the provider's facilities within the rights-of-way shall comply with all applicable standards of the Federal Occupational Safety and Health Administration;
(8) Use its best efforts to cooperate with the City in any emergencies involving the rights-of-way;
(9) Weather permitting; remove all graffiti within ten calendar days of notice. Provider shall use all reasonable efforts to remove any and all graffiti on any of the provider's facilities located within the City rights-of-way. Should the provider fail to do so, the City may take whatever action is necessary to remove the graffiti and bill the provider for the cost thereof;
(10) Use all reasonable efforts to field identify their facilities in the rights-of-way whenever providers are notified by the City that the City has determined that such identification is reasonably necessary in order for the City to begin planning for the construction, paving, maintenance, repairing, relocating or in any way altering any street or area in the rights-of-way as defined in this chapter. The City shall notify the providers of the City's date to begin the process at least thirty days prior to the commencement of said activities. In field identifying facilities:
A. Providers shall identify all facilities that are within the affected rights-of- way using customary industry and City of Sidney standards, maps, and distinct identification;
B. Facilities will be so marked as to identify the provider responsible for said facilities;
C. Should any such marking interfere with the facilities function, create a safety problem or violate any safety code, alternative methods of marking the facilities may be approved by the Public Works Director; and
D. All marking should be clearly readable from the ground and include the product name or logo. No advertising will be permitted.
(11) When replacing an existing utility pole, shall be responsible to coordinate with all other providers to insure the orderly transfer of all lines or cables to the replacement utility pole, the removal of the existing utility pole, and the restoration of the rights-of-way within sixty days after the replacement utility pole is installed. Upon request, the Public Works Director may grant the provider additional time for good cause.
(f) Establishment of Utility Corridors.
(1) The Public Works Director may assign specific corridors within the rights-of-way, or any particular segment thereof as may be necessary, for each type of facilities that are, or that the Public Works Director expects, may someday be, located within the rights-of-way.
(2) Any provider whose facilities are in the rights-of-way and are in a position at variance with utility corridors established by the Public Works Director shall at the time of the next construction of the area, excluding normal maintenance activities, move such facilities to their assigned position within the rights-of-way. Existing underground facilities located within a designated utility corridor shall not be required to relocate into adjacent or alternative portions of the rights-of-way unless they are in conflict with an actual or proposed public improvement project. The above requirements may be waived by the Public Works Director for good cause shown including, but not limited to, consideration of such factors as: the remaining economic life of the facilities, public safety, customer service needs, and hardship to the provider. If a provider is denied a requested waiver from the above requirements, the provider may appeal the denial of the Public Works Director to the City Manager.
(3) The Public Works Director shall make every good faith attempt to accommodate all existing and potential users of the rights-of-way as set forth in this chapter.
(4) Providers may enter into written agreements to use existing poles and conduits with the owners of same and shall use best efforts to install their facilities within the rights-of-way.
(5) No facility placed in any rights-of-way shall be placed in such a manner that interferes with normal travel, access, or sight distance on such rights-of-way.
(6) Unless otherwise stated in a certificate of registration or permit, all facilities within the rights-of-way shall be constructed and located in accordance with the Code and with the following provision:
A. Whenever all existing facilities that have been traditionally located overhead are located underground in a certain area within the City, a provider who desires to place its facilities in the same area must also locate its facilities underground. The location of such facilities is subject to the approval of the Public Works Director.
(Ord. A-2853. Passed 4-11-16; Ord. A-2963. Passed 4-22-19.)