(A) Users or occupants in the PROW subject to a franchise. In order to use, place or maintain facilities in the PROW, all persons that operate utilities, quasi-utilities, telecommunications facilities or provide services using the PROW that the city may legally franchise or license, shall apply for a franchise or license from the city. Services for which a franchise or license shall be required include, but are not necessarily limited to, telephone, telecommunications irrespective of the medium or technology used, electrical power, water distribution, wastewater collection, sewage collection, gas distribution or transportation, trash and solid waste collection and/or disposal, off-street parking facilities, and storm water management and drainage facilities.
(B) Performance guarantee. All new users after the effective date of this chapter shall provide the city with a performance bond or other performance guarantee satisfactory to the Department, the City Attorney and the City Risk Manager.
(C) Permits. All users, licensees and franchisees shall obtain all required permits prior to performing work in the PROW.
(D) Franchises or licenses. After the effective date of this chapter, if allowed or required by city or state law or regulation, a proposed new user applying after the effective date of this chapter shall apply for and be issued a franchise or license, as appropriate, prior to the placement of any equipment or structure in the PROW. The Director of Public Works, or the Director’s designee, shall determine, in his or her discretion, the necessity of a franchise or license and the type of franchise or license, taking into consideration the length of time the facilities will or are expected to be in the PROW, the potential impact on the PROW and the city’s prior practice. Facilities for which a franchise or license shall be required include monument signs, monument mailboxes, coaxial and fiber optic cable, non-franchised telecommunications equipment irrespective of the medium or technology used, irrigation systems, specialty street signs, canopies, specialty pavement structures and other semi- permanent or permanent structures or features in the PROW.
(1) Monument signs and mailboxes. A license shall be required for any monument sign or private mailbox.
(2) Telecommunications facilities and service providers. After the effective date of this chapter, new telecommunications users must obtain a PROW use and occupancy agreement, franchise or license before constructing or adding equipment that is subject to the Telecommunications Act of 1996 (47 U.S.C. as amended), as well as providers of retail or wholesale telecommunications services using third party-owned facilities located in the PROW. The Department shall be responsible for granting a franchise or license for users proposing to construct and maintain telecommunications facilities within the PROW.
(3) License or franchise for other facilities. The Public Works Department may grant a license or franchise to construct and maintain other facilities not included in divisions (D)(1) and (D)(2) above.
(E) Contents of franchises and licenses. Licenses and franchises shall, at a minimum, contain the following provisions:
(1) The identity and legal status of the user in the state;
(2) The name and contact information of the officer, agent or employee of the user responsible for communications with the city, which shall be updated as the information changes;
(3) A general description of existing and proposed facilities and the specific locations and portions of the PROW to be utilized for such facilities, with additional specifics as may be required by the Department;
(4) A description of the facility(s) proposed to be located in the PROW, including manufacturer’s cut sheets for any active electronic device(s) and a to-scale photo of the location prior to construction and a photo simulation of the location showing the facility after construction from four directions, each with 90 degrees azimuth separations;
(5) A description of the services to be offered within the city, if any, and identification on a street map of the city of the specific parts of the city or properties within the city where such services will be available, which description and map shall be updated when the service area(s) change;
(6) A description of the services or facilities to be offered to the city itself, or to other public or governmental institutions within the city, if any such services are to be offered;
(7) Acknowledgment that the license or franchise does not limit the city’s police power and that the city may enact additional ordinances, standards and requirements applicable to users;
(8) Acknowledgment that the user may be required, at user’s sole cost and expense, to obtain certain permits and approvals from the city in addition to the license or franchise;
(9) Acknowledgment that the user is responsible for all damage caused by its employees, agents and contractors;
(10) A commitment to pay for all damages that arise in connection with the user’s acts or omissions in the PROW;
(11) A commitment to defend and indemnify the city for all claims and liabilities that arise in connection with the user’s acts or inappropriate or impermissible lack of action in the PROW;
(12) A description, including the amount, of bonds or performance guarantees and insurance that are required;
(13) The proposed length of term of the franchise or license;
(14) An acknowledgment that transfer or assignment of an authorization, license or franchise requires approval of the City Council, such approval not to be unreasonably withheld;
(15) The amount of compensation paid to the city for the use of the PROW and a schedule of payment of such; and
(16) The total fully-allocated capital cost of the project
(F) Assignment. Unless an authorization, franchise or license prohibits assignment to a different party, notice of the assignment shall be given to the Department not fewer than 30 days prior to the effective date of the assignment, with ownership and contact information updated to reflect the assignee’s ownership and contact information.
(G) Information available to the city.
(1) All users, licensees and franchisees shall provide the city within ten calendar days of a request:
(a) All books, data/ records, maps, plans, GIS data files, billings, payments and submissions to the state relating to the user’s facilities and their function, location, income, history, maintenance and repair; and
(b) Filings with the State Public Service Commission and the Federal Communications Commission.
(2) The documents shall be provided within a reasonable period of time after the filing date, such date not to exceed 30 days. The city may examine all such information at no cost. If information is copied for the city, the costs of copying, if any, shall be limited to the actual charges of a commercial copying facility selected by the city.
(H) Declaration of forfeiture. The city may declare the forfeiture of an authorization, permit, license or franchise, and all of the rights arising thereunder, in the event the holder continues not to comply with any material provision(s) of its authorization, permit, license or franchise, or is in substantial violation of this chapter or other standards adopted by the city after due and proper notice and reasonable opportunity to cure or remedy. The city shall give the holder at least 30 calendar days’ written notice of its intent to declare a forfeiture, which notice shall include a description of the noncompliant matter and the specific citation(s) at issue. The user shall then have 30 days from receipt of the city’s notice to cure the noncompliance or to make verifiable substantial progress toward such cure, as determined in the reasonable discretion of the city.
(Ord. 2017-O-55, passed 9-12-2017)