HomeMy WebLinkAbout2000 - 052 - Addition of Chapter 250 to the Municipal CodeBILL >"?(3.- ~/~>1~~;`~ OI2S~[NAPdCE. NO. ~~''~'~'a'=
AN ORDiN.ANCr AiUIE10'LrIi~U c i~'r: 1'iUNICIIy,~.L COBF
L'IT'1<' OF RIVI;RSillE [iY ADDING CI;IAPTF,R 2,50 :t$~.LATIi`MTfU TO
RIly~T-OF-WAY MANAGEI•iIENT AND TELFCC?MI~iT~`NICATLC3i~[S
~/~l~L;-:f=AS, the City desires to permit a.nd manage reasonable acc?ss to the public ways of
the'.: its .
~5i HEh=: ~:.A_S, the City desires to secure fair and r+:asona.ble compensation to ;';.e City and tl~;e
re~.idea;ts of the City for permitting private use of the public ways.
'vVI-IEREAS, the City desires to assure that the City can continue to fairly arzd re;z,ponsihiy
protect the p;rbii~~ health, safety and welfare.
~~,~-IERE.~.S, the C'iry has "aeon in the praress of level+.~ping a c~r~mUrehensive ~ordinaa~cP for
ri.cht-o1~v/a}~ rr~cr;;~~ernent and the licensing of telecommunication provids,rs v~md carriers.
\-~`~!~, 7'13EREF'OIZI~, ve it ordained by the Board of Alder-mer; of I~iv rside, ti~?isscuri:
`.e..tirn~n ? . ?~he Municipal Code City of Riverside is amended to add Chapter X50, thz Right-of~
~'av a~,;d 'fel.°cnmmunieations Ordinance ("Ordinance") attached as Exhibit A anal incorp:;rat;:d
hr;; e.in.
S_~;tin31,%, Thr~ sections, paragraphs, clauses, anr'. phrases of the Ordinance are se-~ ;;cable and if
any porrtion ofthe. Ordinance is declared unlawful. by t}te vali.~3. judgment, rie.:•ree;, or in;:rnction urd~.r
of a court of competent jurisdiction, such ruling shall not affect rr<y of tbr, rernainin? phrasea,
clauses, sentences, paragraphs, and sections of the Ordinance and all provisions ofthe O~;:iranc:e n;;t
specifically declared to be unlawful shall remain in full force and effect.
Section 3, This ordinance shall take effect immediately.
Adopted and passed this ~ tray of ~~ 2000.
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1\~IAYOR HE CITY OF RIVERSIDE
ATTEST:
~,--
~ '~~ U~~
CITY CLERK
cxAPTIR Aso
RIGHT +JF ~VAl' AND TELEC'OitiI~1UNICA~'IGNS (212DINAi~1CE,
AItTICL,E .1: Ger~erai
Section 1.1: Short Title: This Chapter shall be known as the kight of Way and
"Telecommunications Ordinance.
Section 1.2: Purpose: The pui~ose and intent of this Chapter is to:
1."?. i : Conserv;, the limited. physical capacity of the p~~i;lic ways held in publ?^ mist by the City
t.2.2: Pernut and manage reasonable access to the public ways of the City.
i.2.?: Assm•e that the City's current and ongoing costs of granting and regulating private access to
and use of the public ~s/ays a_*e Pally paid by the persons seeki:~g such access and. causing sLCh costs.
1.2.4: ~^ecure fair and reasonable cornpensation to the-City and the residents of the City for
pYrmitting private use of the public ways.
1.2.5: Assure that the City can continue to -Fairly and responsibly protect the public riealth, safets~
and welfare.
? .2.b: Enahle the City to discharge its public trust consistent with rapidly evolving federal and state
telecommunications re~uiato~- palicies, industry competition and teclu~ological dr;velopment.
1,2: I; Fstablisl? a local policy eoncerrung telecorrur_unications providers and services.
1.?_.$: b'ncourage the provision of advanced and cornpetitive telecommunications services on the
widest possible basis to the businesses, institutions anti residents of the Cif.
L2.9: Establish clear local guidelines, standards and time frames for the exercise of local authority
with respect to the regulation of the public ways.
Section 1.3: Definitions: For the purpose of this Chapter, and the interpretation and enforcement
thereof, the following words and phrases shall have the following meanings:
"Abandonment "means the nonuse of any Facilities within the Public Ways for one year and for
which Public Ways Use Permittee is unable to provide proof that it has either a bona fide plan to
begin using such Facilities within the next twelve months or a potential good faith purchaser or user
of such Facilities.
"Adminisb•ator"mcans the Cit~r Administrator of the City or his or her designee(s).
"Aff Bate " means a Person that (directly or indirectly) owns or controls, is owned or controlled by,
or is under common ownership or control with another Person.
"Applicant" means any person requesting any Right-of--Way Pet nit(s).
"Board " means the Board of Aldermen of the City.
"Cable let" shall mean the Cab.ie Communications Policy Act .1f 1984, 47 U.S.C. § 532, et seg.,
as now and hereafter amended
"Cable Jperator" means a Person providing or ~~ffering to provide Cable Service within the City.
`C'able Service " for the pumose of this Chapter shall have the same meaning provided by the Cable
Act.
"t~'it,/"means the City of Riverside, Missouri.
"C''iiy Cost" means the costs incurred by the City for Public Way management including but not
limited to costs associated with r~g~.stering Registrants; issuing, processing, and verfying Right-of-
'Nay }?ermit applications; inspecting job sites and Restoration projects; maintaining, supporting.
protecting, or moving equipment during I'u'olic Wa.y work; deterniniug the zdequacy ofPublic Gt-'ay
Restoration; resion_ng work iua:?=~quatei}' performed; processing, maitaair_ing, reviewing and
revoking ?.ig}tt-•of-Vda~y Permits; aJtd performing all other tasks required by this Chapter, including
other costs the City may inr.;u- in managing the provisions of t?•ds Chapter.
"City Property "means and includes all real property owned by the City, other than Public Ways and
all property held in a proprietary capacity by the City, which are. not subject to right-of--way
pFrmitting as provided ir. this Chapter.
"Corasb•uction Permit" means the penni*_ which, pursuant to this L'hapte.r, must be obtained before
a Persor. may Insiall, Excavate and/or Obstruc± the Public F3~ay.
-`Construction Permittee"means any Person to whom a. Construction Perrriit has been granted by
the City under this Chapter.
"Degradation" means the accelerated depreciation of the Public Way caused by Excavation,
resulting in the need to reconstruct such Public Way earlier than would be required if the Excavation
did not occur.
"Emergency" means a condition that (1) poses a clear and immediate danger to life or health, or of
a significant loss of property; or (2) requires immediate repair or replacement in order to restore
service to a customer and City offices are not open.
"Excavate" or "Excavation" means to dig into or i.n any way remuve or physically disturb or
penetrate any part of a Public Way, except horticultural practices of penetrating the bou}evard area
to a depth of less than 12 inches.
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"H`.ecess Capacity" means the remaining volume or capacity in any existing or hrture duct, conduit,
maril-~ole, handhold or other utility facility wi bin the Public Way that is or will be available for use
of Telecommunications Facilities.
"Extraordij?ary Circumstances"mean airy unforeseeable event beyond the reasonable control ofthe
no^-performing Person, including strikes and lockouts (exc;,pt where such strikes or lockouts are,
directly or indirectly, witl-iin the Power of the Person involved in extraordinary circumstances to
prevent), fire, earthquake, floods, war, riot;:, asniscation or nationalization, whether imposed by
law, decree or regulation by any govermnental authority, provided such event is not caused, directly
or indirectly, by the financial ability, failure to make arty required payment, negligence, intentional
conduct :;r misconduct of the non-perfi~rming Person, including its officers, employees, agents and
Affiliates; ar~d such event makes su~.h Person's performance of its obligations hereunder impossible
or so impracticable as reasonably to be considered impossible carder the circmnstances.
"Facilities" mean the structr:res. equipment and property, including all appurtenances, of Persons
lueated within the Public Way; but shall not include horaevard plantings or gardens planted or
n:zintai~~_ed within the Public 'Jay betxeen a Person's property and the street curb.
"ft'C,'C; ` +r.eans the Federal t:'arnmunications Conurissiorc or other Federal: administrative, ager~ioy,
or la•~'fil succssor, authorized to regulate and oversee Te1ec~~rnmtu;icati.ons Carriers, Serrices and
Providers on a nation:~.l level.
"Gross Revenue "shall mean all amounts received by or on behalf of a Persor:, directl}' or indirectly,
from, or in cormection with or related to (i) the ase of any Facilities within the Pubiir., Way including
bozo. of limited to all incoir.~: derived from or by reason of the operation and/or use of
~. elecon~munication Paeiiities within the Public Way, and (ii) the prevision of Telecomrnurrication
Services ~,vithin the City. Gross Revemzes do riot include persoru-.el fees; penalties charged for late
payment; sales taxes collected; or the revenue. ofany Person other than Public Ways terse Permittee.
or Teleconmunications Licensee. as the case may be, and their resl;ective l~ffiliates.
"Install "means to construct or install Facilities within the Public Way.
"Local Representative " means a local Person, or designee of such Person authorized by a F<egistrant
to accept service and to make decisions for that Registrant regarding all matters within the scope of
this Chapter.
"Obstruct" means to place any tangible object within a Public Way so as to hinder free and open
passage over that or any part of the Public Way.
"Overhead Facilities" mean Utility Facilities and Telecommunications Facilities located above the
surface of the ground, including the underground supports and foundations for such facilities.
"Person "means and includes individuals, corporations, trusts, companies, associations, joint stock
companies or associations, firms, partnerships, limited liability companies and any other entity and
includes their successors and assigns and sublessees and sublessors, but shall not include the City.
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"~'roi~ation"means the status of a Person that has nct complied with tJle conditions of this Charter.
~` n~obcaionary Period "means one y?ar fr,.~rn t ic; date t';.It a Person has been notified in ~fTiting that
ti<ey have be,.n put ere Probation.
"Pl~blie_Street"means any iligll~vay, street, cartway, alley ar other pubJ.ic right-of-way for lnotar
vel•~icle Travel udder the jurisdiction and aJntroJ of the City wl^,ich has been acquired, established,
dedicated or devoted to highway purposes not in~;onsistent w1t11 Facilities.
`Fzlt~lic Way" means end inchldes ail Public streets,. Utility Ea~~ernents, i;icycle lanes, public
sidewalk: and other public rights-of--way, no~v or ilereaf.er cvvned "-~~ the t,ity, but o?~lv to the extent
os the C~t,~'s sigh ,title, interest ox~ authority to gaunt a r~el:nit to oc~~rpy and }use su~,h 'ublic Way
r0 Z' F~aCr'iL1eS.
"Yablie 1~'ays Iizs~~ector" mear_s the Ci~~ hdlninistrztor anal any otll~°r person authori~Wd i~ry fire
?idmrril.SiratOr t0 CarrY Out 1nSlJECt1~?T:S IC1~at7~Q t0 +.l:e pfOVlsiOriS i?~ CnxS f.Rapt~:f.
::nid/7f7C ~'~'aVS r ~;e c°~YIYi't" n1CanS a }?•f' ~.5:'!'Ttl:t SantH;.l purS~,tat'_t tC ~iIT1C~C ~ O 4.1}?S ?_~~h:-ip[;:i`.
,•
''1':7 ~ic i9%crvs Use.Pe,->;u'ttee " men.=ls alzy Fersolz grante.~ i r~ Public `~%ays Us>v Poazzit p~atsuantto tizis
"Registrant "means any parson whi) (1 l~ has or woks io have its Facilities located within any Pub1iE;
i~%ay. (2) in any wily occupie.; or slses, or se°1<s [n occupy or Ilse, aYly cacilities ~:vithin the Public.
Z,^I12~:'S, (~,! seeks t0 "XCaI'ate, (.}bstr!ict Ot ens%ali 1~ltlllr! ally' l'llbl%' h~a}%, Cr l4} pF.OVideS Or Seeks t0
pro`/ldc ~1 elect;'"C1m1:;:11C8tIn11S `~"rV':~~;;S t0 Pc',TSvt]S wltlilfl the ~~1Py,
~.~rt2CCid7',~ Ii1P.anS the te111pOrary COnStrllCt1011. WOrh: net,e5:>al•y t0 mai<e tllf: k'?~rbl1C ti~r'y useable fol.'
Cfi'dei.
'`Restoration Bond" means a performance bored or cash deposit pasted to ensure the ava.iiability of
suff dent funds to assure that Excavation and Obstruction work is completed in Botha iim~~ly and
quality manner.
"Restore" o:• "Restoration" means the process. by which a Public ~Vayrnd surronndirlg area,
including pavement and foundation, is returned to the same condition that existed before the
commencement of the work under a Construction Permit.
"Resioratiolz Cost" means the cost of FCestoration,
"Right-of--Way Permit" means collectivt,ly or individually, the Construction Permit and/or the Public
Ways Use Pernlit. depending on the corlext, required by This Chapter.
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"Service " or "Utility Service "includes but is not limited to (1) those services provided by a public
;!tility, ~~td ;2) telecommunications, pipeline, community antenna television, fire and alarm
comtniuticatiors, water, electricity, light, heat. cooling energy, or power services.
"State" means the State of N~issouri.
"Supplementary.4pplication "mean:; an application made to Excavate or Obstnict or Install within
or use more oftlte Public ~i.+,~ than allowed in, or ~o extend a Right-of-Way Permit that had already
been issued.
"Surplus Space "' means that portion of the I_isable Space on a utility pole which has the Necessary
;,learartces from other pole users, as required by all applicable orders and regulations to allow its use
by a Telecommuncations Carrier for a pole attachment.
"Te_lecommzutications Carrier 'means and includes every Person that directly or indirectly oti~ms,
ceni.roxs, operates or manages any Telecornntunications Facilities within the laity.
"Telecommurr~~ations Facilities" mean the structures, equipment and property, including but not
iirnited ±~ ~~, cab?es, wires, conduits, ducts. pedestals, antemta.e, electronics and other appurtenances,
used or to be used to transmit, receive, distribute, offex or otherwise provide Telecommunications
Service.
"Telerorr:mur~ications Provider" means and includes every Person who provides
Telecommunications Service over Telecommunications F,~cilities who is not a Telecommunications
Can-ier under this !~'hapter.
"Telecommunicatia.ns Service "means the providing er offering for rent, sale or lease, or in exc};ange
for other vaiuc recd ved of an kind, of the transmittal of voice, data, image, graphic and/or video
programming information or other services between or among points by wire, cable, fiber optics,
laser, microwave, radio, satellite or similar facilities, with or without benefit of any closed
transmission medium.
"Under~ound Facilities" mean Utility Facilities and Facilities Located under the surface of the
ground, excluding the underground foundations or supports for Overhead Facilities.
"Usable Space ° means the total distance between the top of a pole and the lowest possible
attachment point that provides the minimum allowable vertical clearance as specified in the
applicable orders and regulations.
"User Fee " is the sum of money, payable to the City, by a Public Ways Use Permittee; provided,
however, that the City may at its option provide, at any time by Ordinance or by amendment thereto,
for a greater or different fee applicable to all such Persons in an amount and by a method of
determination as may be further provided in such Ordinance or amendment thereto. Such User Fee
is a fee paid for the rights granted pursuant to the Public Ways Use Permit.
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"Utility F,asement"means any easement owned by the City and acquired, established, dedicated or
devoted for public utility purposes not inconsistent with Facilities.
"Utility Faciities"mean the plant, equipment and property, including but not limited to the poles,
pipes, mains, conduits, ducts, cables, wires, plant and equipment located under, on or above the
surface of the ground ~,vithin the Public Ways and used or to be used for the purpose of providing
utility or other service.
"Within" means over, above, in, within, or. orunder aright-of--way.
Section 1.~: Construction Permit: Any Person who desires to Excavate, Obstructor Install within
any Public Way shall first obtain a Construction Permit fron- the City pursuant to Article 3 of this
Chapter.
Section 1.>: Public 5'~ays L'se Permit: Any Person who desires to use, operate, maintain, or
otherwise locate Facilities within any Public A4iay shalt first obtain from the City a Public Ways Use
Permit granting the use of such Public Ways pursuant to article 4 of this Chapter.
Section 1.6: Telecommunications License: Am% Person who desires to provide
Telecommunications Services (i) within the City or (ii) outside the City using any
Telecommunications Facilities within any Public ~Iay shall first obtain a Teleconununications
License from the City pursuant to Article 2 ofthis Chapter.
Section 1.7: Cable T..°Ievision Franchise: Any Telecommunications Carrier who desires (i) to
construct, mstali, operate, maintain or locate Telecommunications Facilities within any Public Way
far the purpose of providing Cable Servir.,e and/or (ii) to provide such Cable Service to persons in
the City shall first obtain a cable franchise from the City as provided in the Cable Corml~unications
Code.
Section 1.8~ Application to Existing Agreements: To the extent the provisions of this Chapter are
indirect conflict with the express provisions of a written agreement with the City- and such conflict
cannot be reconciled, the existing written agreement shall govern, as between the parties until the
earlier o£
1.8.1: The expiration of the existing agreement; or
1.8.2: An amendment to an unexpired agreement, unless both parties agree to defer full compliance
to a specific date not later than the present expiration date.
Section 1.9: Penalties: Any person found guilty of violating, disobeying, omitting, neglecting or
refusing to comply with any of the provisions of this Chapter shall be fined Five Hundred Dollars
($SOO.OC) for each offense. A separate and distinct offense shall he deemed committed each day on
which a violation occurs er continues.
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Section 1.1Q: Other Remedies: Nothing in this Chapter shall be construed as limiting any judicial
remedies that the City may have, at law or in equity, for enforcement of this Chapter.
Sec. 1.11: Reservation of Regulatory ant! Police Powers: The City by the granting of any Right-
of-Way Permit or by registering or licensing a Person under this Chapter does not surrender or to
any extent lose, waive. impair, or lessen the lawful powers and rights, which it has now or may he
hereafter granted to the City under the Constitution and statutes of the State to regulate the use of
the Public Ways; and each Pu~~lic Ways Use Permittee, Registrant and Telecommunications Licensee
by its acceptance of aRight-of-Wa}~ Permit or Telecommunications License or by registering under
this Chapter agrees that all lawful powers and rights, regulatory power, arpolice power, or otherwise
as are or the same may be f=-gym time to ~in:e vested in or reserved to the City, shall be in full force
and effect and subject to the exercise thereof by the City at any tine. Each Public Ways Use
Pennittee, Registrant ar~d Telecommunications Licensee is deemed to acknowledge tl"iat its rights
are subject to the regulatory and police powers of the City to adept and enforce general ordinances
necessary to the safety and welfare ofthe public and is deemed to agree to comply with all applicable
general laws anc ordinances enacted by the City pursuant to such powers.
Section 1.12: No Liability: In placing any Facility, or allowing it to be placed, within the Public
Ways, the. City is not liable for any damages caused thereby to any Person. Further, no special duly
is created as tc any Registrant or other Person holding a Right-of--Way Fermit or
Telecotnrnunications Licens:~.
Section 1.13: Compliance With Other Laws: Obtaining a Construction Permit or a Public Ways
Use Permit or a Telecommunications License does not relieve Construction Permittee or Public
V~~ays Use Permittee or Telecommunications Licensee ~f its duty to obtain all. other necessary
permits, licenses, and authority and to pay all fees required by any other City, County, State, or
Federal rules, laws or regulations. All Persons shall comply with all requirements of local, state and
federal laws and shat perform all work in confornrance with all applicable codes anal established
rules and regulations, and are responsible for all work done, regardless of who does the work.
Section 1.14: Severability: If any section, subsection, sentence, clause, phrase, or other portion of
this Chapter, or its application to any Person, is, for any reason, declared invalid, in whole or in part
by any court or agency of competent jurisdiction, said decision shall not affect the validity of the
remaining portions hereof.
ARTICLE 2: Registration and Telecommunications Licenses
Section 2.1: Purposes of Registration and Licensing: The purpose of registration and licensing
under this Article 2 is to:
2.1.1: Provide the City with accurate and current information concerning the Telecommunications
Carriers and Telecommunications Providers who offer or provide Telecommunications Service
within the City, Persons that own or operate Facilities within. the City and Persons who desire to
occupy or use the Public Way.
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2.1.2: Assist the City in enforcement of this Chapter.
2.1.3: Assist the City in collection and enforcement of municipal taxes, fees, and other charges that
may be due the City.
2.1_.4: Assist the City in monitoring compliance with Local, State and Federal laws.
Section 2.2: Registration Required: All telecommunications Carriers and Telecommunications
Providers that offer or provide any Telecommunications Service either (i) within the City or (ii)
without the City from Telecommunications Facilities within the City, and all Persons who occupy,
use or seem: to occupy or use any Facility within the Public Ways or who has or seeks to have
Facilities within any Public Way, shall register with the City pursuant to this Article. No Right-of-
WayPermit orTelecommunications License will be issued unless such Person is first registered with
the City. A Person registers with the City by filing a registration stateirieut which shall include the
following:
2.2.1: The name, address, telephone and facsimile numbers, and legal status of the Registrant,
including Amy Affiliates.
2.2.2: 'The name, address and telephone and facsimile numbers of the officer, agent or employee
responsible for the accuracy of the registration statement.
2.2.3: The name, address and telephone and facsimile numbers of the Local Representative who
shall be available at all times.
2.2.4: A. description of Registrant's existing and/or proposed Facilities within the City, if any.
2.2.x: A description ofthe Telecommunications Service or other service that the Registrant intends
to offer or provide, or is currently offering or providing, to any Person within the City.
2.2.6: Information sufficient to determine whether the Registrant is subject to Public Way permitting
under this Chapter.
2.2.7: Information evidencing compliance with all insurance requirements.
2.2.8: Information sufficient to determine that the Applicant has applied for and received all permits,
licenses and other approvals required pursuant to the Code.
2.2.9: Such other information as the Administrator may reasonably regaire.
Section 2.3: Registration Fee: Each application for registration under this Article shall be
accompanied by a fee as set forth in Article 6.
Section 2.4: Telecommunications License Required: All Telecommunications Carriers and
Telecommunications Providers that offer or provide any Telecommunications Service either (i)
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within the City or (ii) without the City from Telecommunications Facilities within the City shall
obtain a Telecommunications License from the City.
Section 2.5: Application and License Application Fee: All Persons submitting an application for
a Telecommunications License shall pay to the City a nonrefundable license application fee as set
forth in Article 6. Any Person required to obtain a Telecommunications License pursuant to this
Article shall file an application with the City which shall include the information set forth in Article
4 for a Public Ways Use Permit. All of the requirements, qualifications, limitations and procedures
set forth in Article 4 shall likewise apply to Telecommunication Licenses.
Section 2.6: License Fee: All Telecommunications Licensees shall pay to the City as an annual
license fee the amount as set forth in Article 6.
Section 2.7: Notice of Changes: Each Registrant and each Telecommunications Licensee shall
keep all of the information listed above current at all times; any and all changes shall be reported
within thirty (30) days following the date on which the Registrant or Telecommunications Licensee
has knowledge of any change.
Section 1.8: Duty to Provide Information: Within ten (10) days of a written request from the
Administrator, each Registrant shall fiunish the City with information sufficient to demonstrate:
2.8.1: That Registrant has complied with all requirements of this Chapter and the City's Municipal
Code of Ordinances.
2.8.2: That all municipal fees, including but not limited to sales, message and/or
telecommunications fees due the City in connection with Facilities, including Telecommunications
Facilities and/or Telecommunications Services, have been properly collected and paid to the City.
2.8.3: All books, records, maps and other documents, maintained by Public Ways Use Permittee
or Telecommunications Licensee with respect to its Facilities within the Public Ways and/or
Telecommunications Services, as the case may be, shall be made available at the City offices for
inspection by the City at reasonable times and intervals upon the City's request.
ARTICLE 3: Construction Permits
Section 3.1: Construction Permit Requirement: Except as otherwise provided in this Chapter,
no Person may Obstruct, Excavate or Install Facilities within any Public Way without having a valid
Construction Permit to do so.
3.1.1 A Construction Permit which expressly allows for (i) Excavation is required for a Registrant
who Excavates any Public Way, (ii) Obstruction is required for a Registrant who hinders free and
open passage over portion(s) of Public Way, and (iii) for Installation is required for a Registrant who
Installs Facilities within the Public Way.
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3.1.2 All Construction Permits allow Obstruction, Excavation and/or Installation only to (i) the
extent described therein, (ii) for the duration described therein, (iii) that part of the Public ~Vay
described therein, and (iv) for the Facilities described therein.
Section 3.2: Permit Extensions: No Person may Excavate or Obstruct or perform Installation
within the Public Way beyond the date or dates specified in the permit unless such Person (i) makes
a Supplementary Application for another Construction Permit before the expiration of the initial
permit, and (ii) a new permit or permit extension is granted.
Section 3.3: Permit Applications: Application for a Construction Permit is made to the
Administrator. Co.~struction Permit applications shall contain, and will be considered complete only
upon submission of a completed permit application form showing compliance with the requirements
of the following provisions:
3.3.1: Registration and Licensing with the City pursuant to this Chapter.
3.3.2: No permit shall be issued for the Installation of Facilities within the Public Way unless a
Public Ways Use Permit has been issued pursuant to Article 4 of this Chapter.
3.3.3: That *.he Facilities will be constructed in accordance with all applicable codes, rules and
regulations.
3.3.4: The location and route of all Facilities to be installed on existing utility poles.
3.3.5: The location and route of all Facilities to be located under the surface of the ground, including
the line and grade proposed for the burial at all points along the route which are within the:Public
Ways.
3.3.6: The location of all existing underground utilities, conduits, ducts, pipes, mains and
installations which are within the Public Ways along the underground route proposed by the
applicant.
3.3.7: The location of all other facilities to be constructed within the City, but not within the Public
Ways.
3.3.8: The construction methods to be employed for protection of existing structures, fixtures, and
facilities within or adjacent to the Public Ways.
3.3.9: The location, dimension and types of all trees within or adjacent to the Public Ways alc•ng the
route proposed by the applicant, together with a landscape plan for protecting, trimming, removing,
replacing and restoring any trees or areas to be disturbed during construction.
3.3.10: All permit applications shall be accompanied by the certification of a registered professional
engineer that the drawings, plans and specifications submitted with the application comply with the
applicable technical codes, rules and regulations.
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3.3.1 I : All permit applications which involve work within the Public Ways shall be accompanied
by a traffic control plan demonstrating the protective measures and devices that will be employed,
consistent with Uniform Manual or Traffic Control Devices, to prevent injury or damage to persons
or property and to minimize disruptions to efficient pedestrian and vehicular traffic.
3.3.12: Payment of all money due to the City for: (1) permit fees and costs; (2) prior Obstructions,
Excavations or Installation within the Public Way; (3) any loss, damage, or expense suffered by the
City because of Applican*•.'s prior Excavations or Obstructions of or Installation within the Public
Way or any Emergency actions taken; and. (4) franchise, licensing and/or User Fees, if applicable.
Section 3.4: Issuance of Permit; Conditions:
3.4.1: `,~Jithin forty-five (45) days after submission of all plans and documents rc,quired of the
Applicant and payment of the permit fees rectuired by this Chapter, the Public V~lays Inspector, if
sa*.isfied that the applications, plans and doc,rment comply with all reyuir~emerlis of this Chapter,
st?~~il i!;.t~l~~: the Administrator of such Ending.
3.4.2: If the Administrator there deternlines 11at the Applicant has satisfieii the requiremelas of this
Cfiapte~, '.1.; .~.drlmlctr~itUr p?~.y i4~;lt', a i)C:liillt.
3.4.3: ~'he Adlninisirator may impose reasonable conditions upon the issuance of the permit and the
perfon~~r~r2t:e c+f t'~e Applica?~t ther:.u~nder to protect the pu151ic health, safety and wcafare, to ensure
the structural. integrity of the Public Way, to protect the property and safety of other users of the
Public Way, and to minimize the disruption and i.nconveniencc to the traveling public.
Sec~tia;r ~.a: ~'oint Apirli<:.a~t.ons:
3.5.1: Registrants may jointly apply for pei~niis to Excavate or Obst~~act th;a Public Way at the same
pia::e and time.
:i.~.2: Registrants who join in a scheduled Obstruction or Excavation performed by the City,
whether or not it is a joint application by two or more Registrants or• a single application, may be
allowed a reduction in the amount of the Obstruction and Degradatior. poriinns of the permit fee.
3.5.3: Registrants who apply for permits for the same Obstruction or Exravation; which the City
does not perform, may share in the payment of the Obstruction or Excavation permit fee. Registrants
must agree among themselves as to the portion each will pay and indicate the same on their
applications.
Section 3.6: Supplementary Applications:
3.6.1: A Construction Permit is valid only for the area of the Public Way specified in the permit.
No Construction Pennittee may do any work outside the area specified in the permit, except as
provided herein.. Any Construction Permittee which determines that an area greater than that
specified in the permit must be Obstructed or Excavated or is otherwise necessary must before
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working in that greater area (i) make application for a perYrtit extension and pay any additional fees
required. thereby, and (ii) be granted a new permit or permit extension.
3.6.2: 5 Constriction Permit. is valid. only for the dates specified in she permit. No Constntation
Permittee may begin its ~.vork before the permit start date or, except as provided herein, continue
working after the end date. If a Construction Permittee does not finish the work by the permit end
date, it must apply for a new perndt fo: tl;e additional time it needs, and receive the new permit or
an extension of the old permit before. v:orking after the end date of the previous permit. This
~ul-~plementary Application- tnust be done before the permit end date.
Sdction .4.?: 7~euial a4' Permit:
3.7 1: r~d:~r:[latna-y denial: Except in ar. Emergency, no Constriction PetTitit will be: granted:
a} to arty Person required by this Cl~iapter to be registered and./or licensed u,'bo has
n;,i d~,ir,e so;
(bj to ~iy Persor: required by this t~hapter to obtain and have iIt effect a ealid'c`~ublc
~'u.Y:+ ~. use 1"fJrmit w't10 }ldS iiOt ~~~ na SG;
(c} to amp Person required by this CI~tapter. to file an annual plan l:na has fatted to do
so;
(d) to any Person as to .whom there e:~ists grounds for the revocation of a permit
uri<ier_• finis fu•licle; or
(e) if, in isle discretion or the Administrator, the. issuance of a permit for the Iroatrticular
date andfar time would cause a conflict or interfere witr, atr e:~hibition, col braticrs,
festival, or:uly other ev:..zt. The Administrator, in exercising, phis discretio,~, shall be.
guided by the safety and convenience ofordinary travel ofthe public over the P~.tblio
Way, and by considerations relating to the public health, safety and welfaze.
3.7.2: Yermisgive ~ertial.• The Administrator may deny a permit to protect the public health, safety
anci welfare, to prevent interference with the safety and convenience of ordinary '.ravel over the
Public Way, or when necessary to protect the Public Way a.rd its t.tsers. The .Administrator, in her
or Ius discretion, rna.y consider one or rrtore of the followinl; factors:
(a} the extent to which Public V+%ay space where the permit is sought is available';
'To protect health and safety, the Administrator shall have the power to prohibit or limit the placement of uew or
additional Facilities within the Public, Ways if there is insufficient space [o accommodate all of the requests of
Registrants or other Persons to occupy and use the Public Ways. in making such decisions; tha Adtrynistrator shall
s[rive to Lhe extent possible to accommodate alt existing and potential users of the Public Ways, but shall be. guided
primarily by considerations of the public interest, the public's needs, the condition of the Public Way the time of year
with respect to essential utilities, the protection of existing Facilities within the Public Way, and future City plans for
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(b) the competing demands for the particular space within the Public Way;
(c) the availability of other locations within the Public Way or within other Public
Ways for the Facilities of the permit Applicant;
(d) the applicability of ordinance or other regulations of the Public Way that affect
the location of Facilities ~.vi*_hin the Public `Nay;
(e) the degree of compliance of the Applicant with the terms and conditions of its
franchise, license, Public Ways Ilse Permit, other permits; this Chapter., and other
applicable ordinances and regulations;
(f) tb.e degree of disruptian to surrounding communities and businesses that will
result from the use of that part of the Public `Nay;
g) tt:c cc:rdition and age of the Public Way, and whether and when it is scheduled
for total or partial reconstruction; and
(1:_; the. balancing of thc: costs of-~ disruptio~a to the public and damage to the Publi
~Na.y, against the benefits to Lhat part of the public se~~ed by the expansion into
addi±ional parts of the Public Way.
Section 3.8: 'Work Done Without ;~ Permit:
3.E. i ; EmergencySitu~aions: Each Person shall immediately notif-;~ the Admi.rristrator arrd, if City
offices are not open, the Police L?epartment of airy event regarding its Facilities which it considers
to be an Ern~rgency. -The Person may proceed to take wha±ever reasonable acticns are necessary to
directly respond to the Emergency. On the first business da.y after the occurrence of the Emergency,.
the Person. shall apply for the necessary permits, pay the fees associated therewith and fulfill tyre rest
of the requirements necessary to bring itself into compliance with this Chapter for the actions it took
in response to the Emergency. If the Administrator becomes aware of au Emergency regarding a
Person's Facilities, the Administrator may attempt to contact the Local Representative of each Person
affected, or potentially affected, by the Emergency. In any event, the Administrator may take but is
not required to take whatever action it deems necessary to respond to the Emergency, the cost of
which shall be borne by the Person whose Facilities occasioned ±he Emergency or were involved in
the Emergency.
3.8.2: Non-Emergency Situations: Except in an Emergency, any Person who, without first having
obtained the necessary permit, Obstructs or Excavates or Installs within a Public Way' must
subsequently and immediately obtain a permit, pay double the normal fee for said permit, pay double
all the other fees required. by this Chapter, deposit with the Administrator the fees necessary to
public improvements and development projects which have been determined to be in the public interest.
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correct any damage to the Public Way and comply with all of ttie requirements of this Chapter;
provided, however, taking such subsequent actions shall in no way limit such Person's liability for
anv failure to comply with this ~'.hapter or restrict the City's exercise of :thy and all additional
remedies and actions available to the City for airy failure to comply with The requirements of this
Chapter.
Section 3.9: Supplementary IiTotiaication: If work pursuant to a Construction Permit begins later
or ends sooner than the date given on the permit, Construction Permittee shall notify the
Administrator of the accurate information as soon as this information is known.
Section 3.i0: Revocation of Permits:
3.':0.1:.Substa~rtiat Breach: Persons hold permits issued pursuant to this Chapter as a privilege: and
not as a right The City resets-es its right, as provided herein, to re~,oke any Construction r'emrit,
;vithout a fee refund. if there is a substantial breach of the tet~~rrs ard. conditions of anv statute.
+~rciinance, rule ur regiAlation, or anv condition of the permit. A substantial breach by L~'onstruction
Per~nittee shall include, but shall not be limited to, the following:
(a} Thd viola±io~o. of any provision of the Construction Permit cr this Chapter;
(b} An evasion or attempttc evade any material provision of the L'onste-urtiortPormit,
ar Lle perpetration or attempt to perpetrate any fraud or deceit upcsr: the City or its
residents;
(c;j Any m.aierial misrepresentation of tact in the application for a Cortstnrcticn
Perrrrit;
(d} `l ne failure to complete the work in a timely manner; or
(e} Th:. failure to correct a condition indicated on a noti~;P issuFd pursuant to this
Article.
3.10.2: Written Notice ofBreach: Ifthe Administrator deternines that Construction Pennittee has
committed a substantial breach under section 3.10.1, the Administrator shall make a writtetr demand
upon Construction PetTrtittee to remedy such violation. The demand shall state that Continued
violations may be cause for revocation of the permit. Furiher, a substantial breach will allow the
Administrator, at his or her discretion, to place additional or revised conditions or. the permit.
3.10.3: Response to Notice of Breach: Within three business days of receiving notification of the
breach, Construction Perrnittee shall contact the Administrator with a plan, acceptable to the
Administrator, for its correction. Construction Permittee's failure to so contact the Administrator,
or Construction Petmittee's failure to submit an acceptable plan, or Constnrction Petmittee's failure
to reasonably and promptly implement the approved plan, shall be cause for immediate revocation
of the permit. Further, Construction Permittee's failure to so contact the Administrator, or
Construction Permittee's failure to submit an acceptable plan, or Construction Permittee's failure to
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reasonably and promptly implement the approved plan, shall autornatically place Construction
Permittee on Probation for one full year.
3.10.4: C'czrese for .Pro~atiorr: From time to time, the Administrator Wray establish a list of
conditions of the permit, which if breached will automatically place Construction Permittee on
Probation for one full yeaz•.
3.10.5: ffutamutic ftevocacinn: Cf a Construction Permittee, while on Probation, commits a
substantial ba-each., Construction Per-rzittee's permit will autornatically be revoked and Constniction
Permittee will not. be allowed further permits for one full year, except for Emergency Repairs.
3.10.6: Reimb~rrsemetat of'City ('usts: If a permit is revoked, Construction Permittee shad wise
reimburse the City for the City's reasonable costs, including Ro;toration Costs and the costs of
cc;llection and reasonable attorneys' fees, incurred in connection with such revocation.
ARTICLE 4: Public Ways TTse P~izuit
Section =i.1: Public VVays'L?se Permit: A Public Ways Use Permit shall be required of azzy Person
who desires tc occupy or use ~pecita:^. Public ~1xlays cf the City for 1~'aei1 .ies including but not Limited
to 'felecomrnunication Facilities located ~F~ithin a Public Way, including all Telecommunication
Caniers and "Celecommunication P5•oviders.
Section 4.2: Ynlzlic 'Nays LJse Permit Application: Any Person required to obtain a Public Ways
Use Permit pursuant to this Article sliali file an application with the City which shall include the
r „
_occowing infonnaticn:
4.2.1: The name of the Public `v~'avs tJse I'erznit ,applicant„ including all Af±iliates.
42.2.: A description ofthe sezti~ices, including Telecomnnznicaticn ser;ices, that is or will be offered
or provided by Public Ways Use Permittee.
4.2.3: A description of the transmission medium that will be used by Public Ways Use Permittee
to offer or provide such services, including Telecommunications Services.
4.2.4: Preliminary engineering plans, specifications and a network map of the Facilities to be located
within the City, all in suftlcient detail to identify:
(a) the location and route requested for Applicant's proposed Facilities.
(b) the location of alI overhead and underground public utility,
telecommunication, cable, water, sewer drainage and other Facilities within the
Public Way along the proposed route.
(c) the location(s), if any, for interconnection with the Facilities of others
including other Telecommunications Carriers.
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(d) the specific trees, structures, improvements, facilities and obstructions, if any,
that applicant proposes to temporarily or permanently remove or relocate.
4.2.5: If the Applicant is proposing to install Overhead Facilities, evidence that Surplus Space is
available for locating the Facilities; including Telecommanications Facilities, on existing utility
poles along the proposed route.
4?.6: if the Applicant is p: oposing an u;~dergro~.nd installation. in existing ducts or conduits within
the I'uh1_ic Ways, i.;formation in. suf~icient detail to identify such existing ducts or conduits
incluc';ing:
aj the Excess Capacity currently available in such ducts or co~iduits before
installation of the Facilities, including Telecommunications Facilities;
(b) the Excess Cana,•ity, if any, that will exist in such duct;,; or cor..duits after
i~nstallatian of the Facilities, including Telecommunications Facilities.
4.2.": If the A ppiicant is proposing an ui~dergrcxmd installation within new ducts or cor.,dniis to be
cor.stl~~ctc°d •yvithin the Fublic t'/ays:
(a) the ,'c;CaU~:;rI 1%roposed fG`I' tfle new ducts or COnduitS; ar2''
(b) the Excess Capacity that will exist in such ducts or conduits a$er installation.
4.?..&: ~~ preliminary coustrl~ction schedu~e a;Id cornpletion date.
4.2.9: A preiiminary traftlc control plan in. accordance `with the Fc:l€;ral highway Administrat+}..*,`s
ivianual on (uniform' raffia; Control Devices.
4.2.10: Financial statements prep?xed in accordance with generally accepted ;~ccolmting principles
demonstrating the financial ability to conshuct, operate, maintain, relocate and remove the
Facilities.
4.2.11: Information in sufficient detail to establish the technical qualifications, experience and
expertise regarding tree Facilities and services described in the application.
4.2.12: Information to establish that the Applicant has obtained a?1 other governmental approvals
and permits to construct and operate the Facilities and if applicable, to offer or provide the
Telecommunications Services.
4.2.13: Whether the Applicant intends to provide cable ser/ice, video dialtone service or other video
programming service, and sufficient infornlation to determine whether such service. is subject to
cable franchising.
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4.2.14: An accurate map showing the location of any existing Facilities in the City that Applicant
intends to own, use or lease.
4.2.13: .~'~ description of the se_n~iccs or facilities that the Applica;~t ~~,~ill offer. or make availahle to
the City and other public, educational and govermnental institutions.
4.2.16: A description of the Applicant's access and Line extension policies.
4.2.17: The area or areas of the City the A.ppiicant desires Co serve and a schedule for build-out to
the entire area.
4.2.18: A.II fi',es, dep<;sits or charges zequired plarsu;nt to A.rt~~.le 6 of this Chapter.
4.2. i 9: Such other and further nfermatio.: as may be required by the Administrator.
Scotian ~.3:.~etermnation by €ise ~:ity: Within 120 days after. receiving a complete application
under Section 4.1, the Board shall issue a vrrittert deter.r;ination granting ar denying the application
in •,vhole or iu kart, applying; the foilo~Ning stal~dards. If the applicatior, is dertied, the written
determination s~~all include tiie reasons for Beni.,;..
4.x.1.: The financial <~nd te~:lLTlical ability o.fthe Applicant.
4.3.2: T'he legal a.tiility of the .Applicant.
~f.:5.3: Tl~~e continuir,_g capacity of the F'uhlio Ways to accozamo;late exiting Facilities anr1. the
ca~?acit;~ c,fthe Public days to acconu7lodate the proposed Facilities.
4.3.4: The capa~.ity of the Publi:; Ways to accnanrrzotlate additional Utility 'rac.il;tie:~,,
T,~:leaornmunieations 7.^acilitres and otkier facilities if the Public Ways >,ise Pezznit is granted.
4.3.5: The damage or disruption, ifany, ofpublic or private facilities, improvements, service, travel
or landscaping if the Public Ways Use Permit is granted.
4.3.6: The public interest in minimizing the cost and disruption of construction within the Public
Ways.
6,.3.7: The service that Applicant will provide to the community and region.
4.3.8: 'The effect, if any, on public health safety and welfare if the Public Ways Use Permit is
granted.
4.3.9: The availability of alternate routes and/or locations for the proposed Facilities.
4.3.10: Applicable Federal and State laws, regulations and policies.
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1.3.11: Such other factors as may demonstrate that the grant to use the Public Ways will serve the
community interest and public health, safety and welfare.
Section 4.4: Nonexclusive Grant: No Public Ways Use Permit granted under this Article shall
confer any exclusive right, privilege, license or franchise to occupy or use the Public Ways for the
location of Facilities, the delivery of services, including Telecommunications Service, or any other
purposes.
Section 4.5: Rights Granted: No Public Ways Use Permit granted under this Article shall convey
any right, title or interest within the Public Ways, but shall be deemed a nonexclusive license only
to use and occupy the Public Ways for the limited purposes and term stated in the grant. Each Public
Nays i7se Permit is granted to the Public Ways llse Permittee specif ed therein and may not be sold,
devised, conveyed or otherwise transferred in any mamier whether voluntary, involuntary or by
operation of la~,v. Further, no Public Ways Use Permit shall be constnied as any warranty of title.
Seetior~ -1afa: "~'erm of Grant: Unless otherwise specified in a use permit agreement, a Public Ways
Use Permit shall be in eff~et for a term of five (5) years.
Section 4.?: P~.~blic Ways (Jse Permit Route: A Public Ways Use Permit granted under this
,~-ticle shall be limited to a grant of specific Public Ways and defined portions thereof.
Section 4.8: Location of Tacilities: All Facilities shall be so located as to cause minimum
interference with the proper use of all Public Ways and to cause minimum interference with the
rights and reasonable convenience of property owners who adjoin any of said Public Ways. Unless
atherwise specified in s use permit. agreement, all Facilities shall be constructed, installed and
located in accordance with the fi~liowing terms and conditions:
4.8.1: Teiecommunicztion Facilities sl?a11 be installed within an existing underground duct or
conduit whenever Excess Capacity exists within such Utility Facility.
4.8.2.: A Public Ways Use Permittee with permission to install Overhead Facilities shall install its
Telecommunications Facilities on pole attachments to existing utility poles only, and then only if
Surplus Space is available.
4.8.3: Whenever any existing electric utilities, cable facilities or Telecommunications Facilities are
located underground within a Public Way, a Public Ways Use Permittee with permission to occupy
the same Public Way must also locate its Facilities underground.
Section 4.9: Permits: All Public Ways Use Perniittees are required to obtain permits as required
in Article 3 of this Chapter and comply with Article 8 of this Chapter with respect to all work done;
provided, however, that nothing in this Article shall prohibit the City and a Public Ways Use
Permittee from agreeing to alternative plan review, permit and construction procedures in a use
permit agreement, provided such alternative procedures provide substantially equivalent safeguards
for responsible construction practices.
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Section 4.10: Reporting Obligations:
4.10.1: Operations: Each Public Ways Use Permittee shall, at the time of registration and by
December 1 of each year, file a construction and major maintenance plan with the Administrator.
Such plan shall contain the information necessary, including the locations and the estimated
beginning and ending dates of all Projects to be commenced during the next calendar year ("Project")
and all other information requested by the Administrator, to facilitate the coordination and reduction
in the frequency of Excavations and Obstntctions of and Installation within a Public Way.
By January 1 of each year, the Administrator will have available for inspection in the Public Ways
Inspector offices a composite list of all Projects ofwhich the Administrator has been informed in the
annual plans. All Registrants are responsible for keeping themselves informed of the current status
of this list.
No later than February 1, each Public Ways Use Perrrtittee may change any Project in its list of
Projects, and iilust notify the Administrator and all other Registrants of all such changes in said list.
Notwithstanding the foregoing, a Public Ways Use Permittee may at any time join in a Project of
another Public Ways Use Perrnittee listed by the other Public Ways Use Permittee.
4.10.2: Additioraall''rojects: Notwithstanding the foregoing; the Administrator may, for good cause
shown, allow a Public Ways Use Permittee to submit additional Projects.
4.10.3: Mapping Data: Each Public Ways Use Permittee shall provide to the Administrator
information indicating the horizontal and vertical location, relative to the boundaries of the Public
Way, of all Facilities which it owns or over which it has control and which is located within any
Public Way ("Mapping Data"). Mapping Data shall be provided with the specificity and in the
format requested by the Administrator for inclusion in the mapping system used by the City.
(a) Within six months after the acquisition, installation, or construction of any additional
Facility or any relocation, abandonment, or disuse of any existing Facility, the Public Ways
Use Permittee shall supplement the Mapping Data required herein.
(b) Each Public Ways Use Permittee shall, within six (6) months after the date of passage
of this Chapter, submit a plan to the Administrator specifying in detail the steps it will take
to comply with the requirements of this Section. Said plan shall provide for the submission
of all Mapping Data as early as may be reasonable and practical, but not later than five (5)
years after the date of passage of this Chapter. Notwithstanding the foregoing, Mapping
Data shall be submitted by all Public Ways Use Permittees for all Facilities which are to be
installed or constructed after the date of passage of this Chapter at the time any permits are
sought under this Code.
(c) After six (6) months after the passage of this Chapter, a new Public Ways Use
Pennittee, or a Public Ways Use Permittee which has not submitted a plan as required above,
shall submit complete and accurate Mapping Data for all its Facilities at the time any permits
are sought under this Chapter.
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Section 4.11: Compensation to City: Each Public Ways Use Permit granted under this Article is
subject to the City's right, which is expressly reserved, to annually fix a fair and reasonable User Fee
to be paid for the rights granted to Public Ways Use Permittee.
Section 4.12: Amendment of Grant:
4.12.1: Anew Public Ways Use Permit application and grant shall be required of any Person that
desires to extend or locate Facilities within Public Ways which are not included in a Public Ways
Use Permit previously granted to such Person under this Chapter.
4.12.2: If ordered by the City to locate or relocate its Facilities within Public Ways not included
in a previously granted Public Ways Use Permit, the City shall grant a Public Ways Use Permit
amendment for such location or relocation without further application provided Public Ways Use
Permittee is not in violation of any provision of this Chapter.
Section 4.13: Renewal Applications: A Public Ways Use Permittee that desires to renew its Public
Ways Use Permit under this Article shall, not more than 180 days nor less than 120 days before
expiration of the current Public Ways Use Permit, file an application with the City for renewal of
its Public Ways Use Permit which shall include the following information:
4.13.1: The information required pursuant to Section 4.2 of this Article.
4.13.2: Any information required pursuant to a Public Ways Use Permit agreement between the City
and Public Ways Use Permittee, if any.
Section 4.14: Renewal Determinations: Within 90 days after receiving a complete application
under Section 4.13, the Board shall issue a written determination granting or denying the renewal
application in whole or in part, applying the standards set forth in Section 4.3 as well as the
Applicant's compliance with the requirements of this Chapter and its Public Ways Use Permit
agreement, if any. If the renewal application is denied, the written determination shall include the
reasons for non-renewal.
4.14.1: The continuing capacity of the Public Ways to accommodate the existing Facilities.
Section 4.15: Obligation to Cure As a Condition of Renewal: No Public Ways Use Permit shall
be renewed until any and all ongoing violations or defaults in Public Ways Use: Permittee's
performance of the Public Ways Use Permit agreement, or of the requirements of the City's
Municipal Code of Ordinances, have been cured, or a plan detailing the corrective action to be taken
by Public Ways Use Permittee has been approved by the City and Public Ways Use Permittee is
diligently pursuing such action.
Section 4.16: Transactions Affecting Control of Grant: Any transactions which singularly or
collectively result in a change often percent (10%) or more of the ownership or working control of
Public Ways Use Permittee, of the ownership or working control of a Public Ways Use Permit, of
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the ownership or working control of Affiliates having ownership or working control of Public Ways
Use Permittee or of Facilities, including Telecommunications Facilities, or of control ofthe capacity
or bandwidth of Public Ways Use Permittee's Facilities, including Telecommunications Facilities
or parts thereof, shall be considered a transfer hereunder.
Section 4.17: Revocation or Termination of Grant: A Public Ways Use Permit granted by the
City pursuant to this Article may be revoked for reasonable cause including but not limited to the
following reasons:
4.17.1: Construction or operation in the Ciry or within the Public Ways without a Public Ways Use
Permit or other grant of authority.
4.17.2: Construction or operation at an unauthorized location.
4.17.3: Misrepresentation or lack of candor by or on behalf of a Public Ways Use Permittee in any
application to the City.
4.17.4: Failure to pay taxes, compensation, fees or costs when and as due the City.
4.17.5: Violation of this Chapter or any other requirement of the Code.
4.17.6: Violation of the material terms of a Public Ways Use Permit agreement.
Section 4.18: Notice and Duty to Cure: If the Administrator believes that grounds exists for
revocation of a Public Ways Use Permit, the Administrator shall give Public Ways Use Permittee
written notice of the apparent violation or noncompliance, providing a short and concise statement
of the nature and general facts of the violation or noncompliance, and providing Public Ways Use
Permittee a reasonable period of time not exceeding thirty (30} days to fiarnish evidence:
4.18.1: 'T'hat corrective action has been, or is being actively and expeditiously pursued, to remedy
the violation or noncompliance.
4.18.2: That no violation or noncompliance has occurred.
4.18.3: That it would be in the public interest to impose some penalty or sanction less than
revocation.
Section 4.19: Hearing: If Public Ways Use Permittee fails to provide evidence reasonably
satisfactory to the Administrator as provided, the Administrator shall refer the apparent violation or
noncompliance to the Board. The Board shall provide Public Ways Use Permittee with notice and
a reasonable opportunity to be heard concerning the matter.
Section 4.20: Standards for Revocation or Lesser Sanctions: If persuaded that any Public Ways
Use Permittee has violated or failed to comply with this Chapter, or any use permit agreement, the
Board shall determine whether to revoke the use permit, or to establish some lesser sanction and
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cure, considering the nature, circumstances, extent and gravity of the violation as reflected by one
or more of the following factors:
4.20. I : Whether the misconduct was egregious.
4.20.2: Whether substantial harm resulted.
420.3: Whether the violation was intentional.
4.20.4: Whether there is a history of prior violations of the same or other requirements.
4.20.x: Whether there is a history of overall compliance.
4.20.6: Whether the violation was voluntarily disclosed, admitted or cured.
ARTICLE 5: Cable Franchise
Section 5.1: Cable Franchise: Every Cable Operator and any other Person wishing to provide
Cable Service within the City shall obtain a franchise from the City pursuant to the City's Cable
Communications Code.
Section 5.2: Cable Communications Code: To the extent the City's Cable Communications Code,
as it applies to Cable Operators, directly conflicts with the provisions of this Chapter, and s~ich
conflict cannot be reconciled, the Cable Communications Code shall govern '_
ARTICLE 6: Fees and Compensation <"
Section 6.1: Purpose: It is the purpose of this Article to provide for the payment and recovery.of
all direct and indirect costs and expenses of the City related to the enforcement and administration
of this Chapter.
Section 6.2: Registration Fee: Each application for registration under Article 2 shall be
accompanied by a nonrefundable fee of One Hundred Dollars ($100.00).
Section 6.3: License Application and Fee: All Persons submitting an application for a
Telecommunications License under Article 2 shall pay to the City a nonrefundable license
application fee of $2,`00.
Section 6.4: License Fee: All Telecommunications Licensees shall pay to the City as an annual
license fee an amount equal to five percent (5%) of their Gross Revenues. A Telecommunications
Licensee shall be entitled to a credit against this amount due equal to the payment(s) made to the
City by such Telecommunications Licensee for the same time period for the Telecommunications
Licensee's User Permit annual fee; provided, however, such credit cannot exceed the amount due
under this section and may not be carried forward or back to any other time period.
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Section 6.5: Public Ways Use Permit Application Fee: As a part of its applicarion submission for
a Public Ways Use Permit, each Applicant shall pay a nonrefunable applicatio.r. fee of Two
"i~housand Five Hundred Doi!ars {$2,500.00).
Section b.6: Other City Costs: Pach Person shall, within ten (10) days after w~t•itten demand
therefor, reimburse ar1lL~or, at the City's sole option, provide a deposit to the City for all direct and
indirect costs and expenses incurred or to be incurred by the City in connection with any
modification, amendment, fenev.%al or transer of a.n a.pplicatior., permit, license or Right-of--Way
Permit.
Section b.7: Construciion Permit Fees.
ti.7.1: Prior to issnsce of a Construction Permit, Constn.oti_on Permittee shall pay a permit fee of
tl"ie greater of $500 ar two percent (2°~~) of the cstilr:ated cost offhe wore, including the cost of the.
Facilities a.nd the estimated cost of Installing the. f~ acil iti=a, :~ cr;rtified by the Applicant's engineer
and aiF;roved ~y the ;itY Engineer.
5.7.2: Vii COllSt111et1021 Pern1Yt 9i1a!1 110 2 3511ed w11.11C;irE tl3yrnf:nt Of S[1(;i~i fCBti befc7re the 1SSUanCe of
s~ ,•,; perrllit. Flit permit lees shah t;,~ s-loubled dl.ring :[ i'rclJatior:ary ~'crio~i. r~.li perz,iii ices a.e
norlret;~ndable.
S~ tioxa 6e8: User Foes: Lnless otr~%rvise tJros~i.rl~:u„ each Pul-~iir° Ways Ilse Perrnittee shall pay an
annual User Fee to the City equal to the Greater offive percent (.5%,) of Public Ways Use Permittee's
Grass Revenues or $500.00.
Section f;.~r, Compeelsatio~a foe- ~'F~y P: oper•ty: "fl~ie t;;i;:y may, irl its Soi,~ and absolute discretion,
grant rlgnts [(: USe City Prop~rt4%. 11 the rlgh-I: ;S QraIltc,'.i~, 1 iy ieaSe. 11+",F =?:il„ iISO peTl"1."llt, ffanChlSe ur
othr;r manner, to ~~zse, ar~d occupy C:i+.~; Preperr"y for the irst..lJat:ioll of Fa~::ili.ties, the cxnnpeltsation to
bo paid shall be fixed by the ('ity.
Section 6.10: Fees and Compensation iVot a "Tax: The fees and costs pr. ovided for in this Article,
and any compensation charged and paid for the Public Ways provided for i7 this r~l-ticle, al'e separate
fi~om, and additional to, any and all federal, state, city or other local taxes as may be levied, imposed
or due.
AI~TICI.I?', 7: Conditions of I~rant
Sectiou 7.1: Location of Facilities: The Administrator may assign specific corridors within the
Public Way, or any particular segment thereof as may be necessary, for each type of Facility that is
or, pursuant to current technology, the Administrator expects will someday be located within the
Public Way. All Construction Permits and other permits issued by the Administrator involving the
Installation or replacement of Facilities shall designate the proper comdor for the Facility at issue.
Any Person whose Facility is within the Public Way in. a position at variance with the corridors
established by the Administrator shall, no later than at the time of the next reconstruction or
excavation of the area where its Facility is located, move that Facility to its assigned position within
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the Public Way, unless this requirement is waived by the Administrator for good cause shown, upon
consideration of such factors as the remaining economic life of the facilities, public safety, customer
service needs and hardship to such Person.
Section 7.2: Nuisance: One year after the passage of this Chapter, any Facilities found within a
Public Way t}iat has not been registered shall be deemed to be a nuisance: The City may exercise
any remedies or rights it has at law or inequity, including.. but not limited to, abating the nuisance
or taking possession of tl'iE Faciiit}r anu restoring the Public Way to a useable condition.
Section 7.3: vlaintenance of Facilities: Each Public Ways Use Permittee shall maintain all of its
Facilities in good and safe condition and in a manner that complies with all applicable Federal, State
and local requirements.
Section 7.4: Relocation or Removal of Facilities:
7.4.1: Requestby the City: Notc:~ithstanding any to the contrary coi~iairAed herein, within thirty (30)
days following written notice from the City; a Person shall, at its own expense, temporarily or
permanently remove, relocate, change or alter the position of an_y F2C111heS within the Public Ways
w°henever it is determined by the City, in its sole discretion, that such removal, relocation, change
o~• alten~ation is reasonably necessary for:
(a) 'The constniction, repai-, maintenance or installation of any City or other public
improvement within the Public Ways.
(b) The operations of the City or other g! ~vernmental entity within the Public Ways.
(c) The vacation of a public street or release of a utility easement.
(d) Any other lawful purpose.
;'.4.2: Requests of Private Parties: Whenever a private party requests a Public Ways Use Permittee
to raise, lower, remove, relay and/or relocate its Facilities, Public Ways Use Permittee shall not
unreasonably refuse to raise, lower, remove, relay and/or relocate those Facilities. Unless otherwise
required by law, the private party requesting the change shall bear the reasonable cost of raising,
Lowering, removing, relocating and/or relaying the Facilities and a Public Ways Use Permittee may
require the payment of a reasonable predetermined cost for the requested action prior to commencing
work.
Section 7.5: Discontinued Operations: A Person who has determined to discontiriue Ur
discontinues its operations or Facilities in all or part of the City must either:
7.5.1: Provide information satisfactory to the Administrator that the Facilities within the Public
Ways will be properly transferred to another Public Ways Use Permittee holding a Public Ways Use
Permit for such Facilities; or
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7..5.7_: Submit to the Administrator a proposal and instruments for transferring ownership of its
Facilities to the City. If a Person proceeds under this clause, the City may, at its option:
(1) purchase the Facilities; or
(2) require such Person, at its sole expense, to remove the Facilities; or
(3) require such Person to pas? a bcnd in an amount sufficient to reimburse the City
for reasonably anticipated casts to be incurred in removing the Facilities.
Section 7.6: Removal of LJnautl".orized Facilities: Within thirty (30) days following written notice
from tl,e s~ity, any Person that owns, controls or maintains any unauthorized Facility or related
appurtenances within the Public. Ways shall, at its own expense, remove such Facilities and/or
appurtenances from the Public Ways. A Facility is unauthorized and subject to removal in the
following circumstances:
7.6.1: Upon expiration or termination of a Public Ways Use Permit.
7.6~'.: Upori abandonment of a Faciiity within the Public Ways.
1.6.3: I1pon the City's exercise: of the option set forth in Section 7.5.2(2).
7.5.x: if the Facility was Installed without the prior grant of a Public Ways Use Permit.
7.6.5: ,f the Facility was lnstailed without. the prior issuance of a required Constnaction Permit.
1.6.5: if the Fa: iity was Installed. at a location rot permitted by the Public ~i'ays I?se Pem~it.
Section 7."l: Emergency Removal or Relocation of Facilities: The City retains the right and
privilege to cut or move any Facili±ies located within the Public Ways, as the City may determine
to be necessary, appropriate or useful in response to any public health or safety emergency.
Section 7.8: Damage to Facilities:
7.8. L The City shall not be liable for any damage to or loss of any Facility within the Public Ways
as a result of or in connection with any public works, public improvements, construction, excavation,
grading, filling, or work of any kind.
7.8.2: When the City does work within the Public Way and finds it necessary to maintain, support,
or move a Public Ways Use Permittee's Facilities, the City shall notify the Local Representative as
early as is reasonably possible. The costs associated therewith will be billed to that Public Ways Use
Permittee and must be paid within thirty (30) days from the date of billing.
7.8.3: Each Public Ways Use Permittee shall be responsible for the cost of repairing any Facilities
within the Public Way which it or its Facilities damage. Each Public Ways Use Permittee shall be
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responsible for the cost of repairing any damage to any other Facilities caused during the City's
response to an Emergency occasioned by that Public Ways Use Permittee's Facilities.
Section 7.9: Leased Capacity: A Public Ways Use Fermittee ma}, without prior City approval,
offer or provide capacity or bandwidth to its customers; provided that prior to entering into any
agreement:
7.9.1: Public Ways Use Fermittee shall noiify the City of such action and provide the City with a
copy of any such proposed lease or other agreement.
7.9.2: The Person receiving such capacity or bandwidth has complied, to the extent applicable, with
the requirements of this Chapter.
Section 7.10: Insurance: Each Public Ways Use Fermittee shall, as a condition of the grant, secure
and maintain the following liability insurance policies insuring both Public Ways Use Fermittee and
the City, and its elected and appointed officers, officials, agents and employees as coinsureds:
7.10.1: Comprehensive general [iabilty insurance with limits not less than
(a) One Million Dollars ($1,000,000) for bodily injury or death tc each person;
(b) Two Million Dollars ($7_,000,000) for bodily injury or death resulting from any
one (1) accident;
(c) One Million Dollars {,$I,OOQ0001 tc~r property damage to any one (1) person; and
(d) Two Million. Dollars ($2,000,000) for property damages resulting from any one
(1) accident.
7.10.2: Automobile liability for owned, non-owned and hired vehicles vrith a limit of One Million
Dollars ($1,000,000) for each person and Two Million Dollars ($2,000,000) for each accident.
7.10.3: Worker's compensation within statutory limits and employer's liability insurance with limits
of not less than Five Hundred Thousand Dollars ($500,000).
7.10.4: The liability insurance policies required by this Section shall be maintained by Public Ways
Use Fermittee throughout the term. of the Public Ways Use Permit, and such other period of time
during which Public Ways Use Fermittee is operating without a use permit hereunder, or is engaged
in the removal of its Facilities. Each such insurance policy shall contain the following endorsement:
"It is hereby understood and agreed that this policy may not be canceled nor the intention not to
renew be stated until ninety (90) days after receipt by the City of Riverside, by registered mail, of
a written notice addressed to the Administrator of such intent to cancel or not to renew."
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7.10.5: Within sixty (60) days after receipt by the City of said notice, and in no event later than
thirty (30) days prior to said cancellation, Public Ways Use Permittee shall obtain and furnish to the
City replacement insurance policies meeting the requirements of this Section.
Section 7.11: General Indemnification: Each Public Ways Use Permittee shall defend, indemnify
and hold the City and its officers, employees, agents and representatives harmless from and against
any and all damages, losses and expenses, including reasonable attorney's fees and costs of suit or
defense, arising out of, resulting from or alleged to arise out of or resulting from any and all acts,
omissions or failure to act of Public Ways Use Permittee or its respective Affiliates, officers,
employees, agents, contractors or subcontractors in the construction, operation, maintenance, repair
or removal of Facilities, and in providing or offering Telecommunications Service over the Facilities
or network, whether such acts or omissions are authorized, allowed or prohibited by this Chapter or
by any agreement made or entered into pursuant to this Chapter.
Section 7.12: Performance and Construction Surety: Before a Public Ways Use Permit granted
pursuant to this Chapter is effective, and as necessary thereafter, Public Ways Use Permittee shall
provide and deposit such monies, bonds or other instruments in form and substance acceptable to
the City as may be required by this Chapter or by an applicable use permit agreement.
ARTICLE 8: Construction Standards
Section 8.1: General: All work done pursuant to a Construction Permit shall comply with the
provisions of this Article, the Cable Communications Code, to the extent applicable, and all
applicable Federal, State and local codes, rules and regulations.
Section 8.2: Compliance with Zoning and Construction Codes: All Facilities shall be
constructed, installed, operated and maintained in accordance with all applicable Federal, State and
local codes, rules and regulations.
Section 8.3: Construction Schedule: Construction Permittee shall submit a written schedule to the
Public Ways Inspector ten (10) working days before commencing any work within the Public Ways.
Construction Permittee shall fiu-ther notify the Public Ways Inspector not less than two (2) working
days in advance of any work within the Public Ways.
Section 8.4: Compliance with Permit: All practices and activities shall be in accordance with the
permit and approved final plans and specifications for the Facilities. The Public Ways Inspector and
his or her representatives shall be provided access to the work and such further information as he or
she may require to ensure compliance with such requirements.
Section 8.5: Display of Permit: Construction Permittee shall maintain a copy of the permit and
approved plans at the work site, which shall be displayed and made available for inspection by the
Public Ways Inspector or his or her representatives at all times.
Section 8.6: Survey of Underground Facilities: If the permit specifies the location of Facilities
by depth, line, grade, proximity to other facilities or other standards, Construction Permittee shall
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cause the location of such Facilities to be verified by a registered Missouri land surveyor.
Construction Permittee shall relocate any Facilities which are not located incompliance with permit
requirements.
Section 8.7: Noncomplying Work: Upon order of the Public Ways Inspector, all work which does
not comply with the permit, the approved plans and specifications for the work, and the requirements
of this Chapter, shall be removed.
Section 8.8: Completion: Construction Permittee shall promptly complete all activities so as to
minimize disruption of the Public Ways and other public and private property. All work authorized
by a permit within Public Ways, including Restoration, must be completed within 120 days of the
date of issuance.
Section 8.9: Inspection:
8.9.1: Notice of Completion: When the wort; under any Construction Permit is completed,
Construction Permittee shall notify the Public Ways Inspector.
892: Site Inspection: Construction Pern~ittee shall make the work-site available to the Public
Ways Inspector and to all others as authorized by law for inspection. at all reasonable times during
the execution of and upon completion of the work.
8.9.3: Authority of Public Ways Inspector: At any time of inspection the Public Ways Inspector
may order the immediate cessation of any work which poses a serious threat to the life, health, safety
or well-being of the public or which is not in conformance with a valid permit. The Public Ways
Inspector may issue an order to Construction Permittee for any work which does not conform to the
applicable standards, conditions or codes. The order shall state that failure to correct the violation
will be cause for revocation of the permit. Within ten days after issuance of the order, Construction
Permittee shall present proof to the Public Ways Inspector that the violation has been corrected. If
such proof has not been presented within the required. time, the Admini strator may revoke the permit.
8.9.4: Inspection Fees: Inspection fees for each inspection performed shall be Forty Dollars
($40.00).
Section 8.10: As-Built Drawings: Within sixty (60) days after completion of construction,
Construction Permittee shall furnish the City with hvo (2) complete sets of plans, drawn to scale and
certified to the City as accurately depicting the location of all Facilities constructed pursuant to the
permit.
Section 8.11: Right-of--Way Repair and Restoration:
8.11.1: The work to be done under any Construction Permit, and the Repair and Restoration of the
Public Way as required herein, must be completed within the dates specified in the permit, increased
by as many days as work could not be done because of Extraordinary Circumstances beyond the
control of Construction Permittee. Such work must be performed in accordance with Section
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437.130 G, H, I, J, K, L and M of the City Code. Construction Permittee must repair its own work
and must Restore the general area of the work, and the surrounding areas, including the paving and
its foundations, to the same condition that existed before the commencement of the work and must
inspect the area of the work and >?se reasonable care to maintain the same condition for one year
thereafter. Construction Permittee is responsible for maintenance of the excavation for one year.
Settlement of the excavation or cracking, breaking, or rutting of the surface shall be prima facie
evidence of improper backfill, which shall be replaced by the Construction Permittee or, at the City's
option, by the City with the cost paid out of the deposit and any remaining amounts billed to the
Construction Permittee.
8.11.2: Construction Permittee shall at the time of application submit a Restoration deposit in an
amount determined by the Administrator to be sufficient to cover the cost of Restoring the Public
Way to its pre-excavation condition and maintaining such work for the one year period required
below. The approximate cost of granular backfill, repaving operations, general site restoration and
all other work to be performed by Construction Permittee desiring to make an excavation will be
estimated by the Public Ways Inspector at the time the application for a permit is submitted, and the
cost so estimated shall be deposited with the City. The amount of the deposit shall be reasonably
sufficient to secure the City against any damage or expense which may result from the applicant's
failure to comply with the provisions of this Article. The amount of such deposit shall be based
upon the location, purpose and extent of the work. However, the minimum amount of deposit shall
be one hundred dollars ($100). Each permit shall have a separate cash deposit to guarantee
backfilling, paving, and site restoration in accordance with this Section.
8.11.3: Construction Permittee shall promptly restore the Public Way to its pre-excavation
condition. The Construction Permittee guarantees its work and shall maintain it for one year
following its completion. During this one year period it shall, upon notification, correct all
Restoration work to the extent necessary, using the method required by the Public Ways Inspector.
Said work shall be completed within five (5) calendar days of the receipt of the notice from the
Public Ways Inspector, not including days during which work cannot be done because of
Extraordinary Circumstances. The final inspection will not be performed until the one year
maintenance period is over. If, one year after completion of the Restoration of the Public Way, the
Public Ways Inspector determines that the Public Way has been properly Restored, the surety shall
be released.
8.1 1.4: Construction Permittee shall perform Repairs and Restoration according to the standards and
with the materials specified by the Public Ways Inspector. The Public Ways Inspector shall have
the authority to prescribe the manner and extent of the Restoration, and may do so in written
procedures of general application or on a case-by-case basis. The Public Ways Inspector in
exercising this authority shall be guided by the following standards and considerations:
(a) the number, size, depth and duration of the Excavations, disruptions or
damage to the Public Way;
(b) the traffic volume carried by the Public Way; the character of the
neighborhood surrounding the Public Way;
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(c) the pre-excavation condition of the Public Way the remaining life expectancy of
the Public Way affected by the Excavation;
(d) whether the relative cost of the method of Restoration to Construction Permittee
is in reasonable balance with the prevention of an accelerated depreciation of the
Public Way that would otherwise result from the Excavation, disturbance or damage
to the Public Way; and
(e) the likelihood that the particular method of Restoration would be effective in
slowing the depreciation of the Public Way that would otherwise take place.
8.11.5: If Construction Permittee fails to Restore the Public Way in the manner and to the condition
required under this Chapter, or fails to satisfactorily and timely complete all Restoration and other
work required under this Chapter, the City may cause such work to be done at Construction
Permittee's expense. The City may utilize the deposit and/or bond and/or bill the Construction
Permittee. In that event, Construction Permittee shall pay to the City, within thirty (30) days of
billing, all such costs.
8.11.6: Failure of the Construction Permittee to request in writing the final inspection within one (1)
year of the issuance date of the Construction Permit shall result in the deposit being forfeited by the
Construction Permittee, and said deposit shall be paid to the City Treasury as general revenue.
Section 8.12: Landscape Restoration:
8.12.1: All trees, landscaping and grounds removed, damaged or disturbed as a result of the
construction, installation, maintenance, Excavation; Repair or replacement of Facilities, shall be
replaced or restored as nearly as may be practicable, to the condition existing prior to performance
of such work.
8.12.2: All restoration work within the Public Ways shall be done in accordance with landscape
plans approved by the Public Ways Inspector.
Section 8.13: Other Obligations: A Construction Permittee shall not so obstruct a Public Way that
the natural free and clear passage of water through the gutters or other waterways shall be interfered
with. Private vehicles may not be parked with or next to a permit area. The loading or unloading
of trucks next to a permit area is prohibited unless specifically authorized by the permit.
Section 8.14: Construction Surety: Prior to issuance of a permit, Construction Permittee shall
provide a performance bond, written by a corporate surety acceptable to the-City equal to at least
100% of the estimated cost of construction in addition to the deposit required above within the
Public Ways.
8.14.1: Except as otherwise required under Section 8.11, the construction bond shall remain in force
until sixty (60) days after completion of work, as determined by the Public Ways Inspector,
including restoration of Public Ways and other affected property.
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8.14.2: The construction bond shall guarantee, to the satisfaction of the City:
(a) timely completion of work;
(b) work in compliance with applicable plans, permits, technical codes and
standards;
(c) proper location of the Facilities as specified by the City;
(d) restoration of the Public Ways and other affected property;
(e) the submission of "as-built" drawings after completion of the work as required
by this Chapter; and
(f) timely payment and satisfaction of all claims, demands or liens for labor, material
or services provided in connection with the work.
Section 8.15: Responsibility of Owner: Construction Permittees, the owner(s) of the Facilities to
be constructed and, if different, Public Ways Use Permittee(s) and Telecommunications Licensee(s),
are responsible for performance of and compliance with all provisions of this Article.
ARTICLE 9: Indemnification and Liability.
Section 9.1: Limitation of Liability: By reason of the acceptance of a registration or the grant of
a Construction Permit or Public Ways Use Permit or Telecommunications License, the City does not
assume any liability (a) for injuries to persons, damage to property, or loss of service claims by any
parties, or (b) for claims or penalties of any sort resulting from the installation, presence,
maintenance, or operation of Facilities by any Person or activities of any Person.
Section 9.2: Indemnification. By registering with the City, a Registrant agrees, and by accepting
a Construction Permit or Public Ways Use Permit or Telecommunications License under this
Chapter, a Construction Permittee or Public Ways Use Permittee or Telecommunications Licensee,
as the case may be, agrees to and shall at its sole cost and expense defend, indemnify, and hold the
City, its officers, employees, agents and representatives whole and harmless from and against all
costs, liabilities, claims, suits, actions and liability judgments for damages of any kind arising out
of the construction, presence, installation, maintenance, repair or operation of its Facilities and other
equipment, or out of any activity undertaken within or near a Public Way, whether or not any actor
omission complained of is authorized, allowed, or prohibited by a Construction Permit or a Public
Ways Use Permit or a Telecommunications License. It further agrees that it will not bring, nor cause
to be brought, any action, suit or other proceeding claiming damages, or seeking any other relief
against the City, its officers, employees, agents and representatives for any claim nor for any award
arising out ofthe presence, installation, maintenance or operation of its Facilities or other equipment,
or any activity undertaken within or near a Public Way, whether or not the act or omission
complained of is authorized, allowed or prohibited by a Construction Permit or a Public Ways Use
Permit or a Telecommunications License. The foregoing does not indemnify the City for its own
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gross negligence except for claims arising out of or alleging the City's gross negligence where such
negligence arises out of or is primarily related to the presence, installation, construction, operation,
maintenance or repair of said Facilities or other equipment by any Registrant or on any Registrant's
behalf, including, but not limited to, the issuance of permits and inspection of plans or work. This
section is not, as to third parties, a waiver of any defense or immunity otherwise available to the
Registrant or to the City; and the Registrant, in defending any action on behalf of the City, shall be
entitled to assert in any action every defense or immunity that the City could assert in its own behalf.
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