[Ord. No. 07-1828 §1, 11-5-2007]
A.
To
the extent permitted by the 2007 Video Services Providers Act, the
City hereby ratifies all existing agreements, franchises and ordinances
regulating cable television operators and other video service providers,
including the imposition of a franchise fee of five percent (5%) imposed
on the gross revenues of all such providers, and further declares
that such agreements, franchises and ordinances shall continue in
full force and effect until expiration as provided therein or until
pre-empted by the issuance of video service authorizations by the
Missouri Public Service Commission or otherwise by law, but only to
the extent of said pre-emption.
[Ord. No. 07-1828 §1, 11-5-2007]
A.
FRANCHISE AREA
GROSS REVENUES
1.
2.
3.
4.
5.
6.
a.
b.
c.
d.
e.
f.
HOUSEHOLD
LOW INCOME HOUSEHOLD
PERSON
SUBSCRIBER
VIDEO SERVICE
VIDEO SERVICE AUTHORIZATION
VIDEO SERVICE NETWORK
VIDEO SERVICE PROVIDER or PROVIDER
VIDEO SERVICE PROVIDER FEE
Definitions.
The following terms shall have the following meanings unless otherwise
defined by context:
The total geographic area of the City authorized to be served
by an incumbent cable television operator or incumbent local exchange
carrier or affiliate thereof.
The total amounts billed to subscribers or received from
advertisers for the provision of video services within the City, including:
Recurring charges for video service;
Event-based charges for video service including, but not limited
to, pay-per-view and video-on-demand charges;
Rental of set top boxes and other video service equipment;
Service charges related to the provision of video service including,
but not limited to, activation, installation, repair and maintenance
charges;
Administrative charges related to the provision of video service
including, but not limited to, service order and service termination
charges; and
A pro rata portion of all revenue derived, less refunds, rebates
or discounts, by a video service provider for advertising over the
video service network to subscribers, where the numerator is the number
of subscribers within the City and the denominator is the total number
of subscribers reached by such advertising, but gross revenues do
not include:
Discounts, refunds and other price adjustments that reduce the
amount of compensation received by a video service provider;
Uncollectibles;
Late payment fees;
Amounts billed to subscribers to recover taxes, fees or surcharges
imposed on subscribers or video service providers in connection with
the provision of video services, including the video service provider
fee authorized herein;
Fees or other contributions for PEG or I-Net support; or
Charges for services other than video service that are aggregated
or bundled with amounts billed to subscribers, provided the video
service provider can reasonably identify such charges on books and
records kept in the regular course of business or by other reasonable
means. Except with respect to the exclusion of the video service provider
fee, gross revenues shall be computed in accordance with generally
accepted accounting principles.
An apartment, a house, a mobile home or any other structure
or part of a structure intended for residential occupancy as separate
living quarters.
A household with an average annual household income of less
than thirty-five thousand dollars ($35,000.00) as determined by the
most recent decennial census.
An individual, partnership, association, organization, corporation,
trust or government entity.
Any person who receives video services in the franchise area.
The provision of video programming provided through wireline
facilities, without regard to delivery technology, including Internet
protocol technology, whether provided as part of a tier, on demand
or a per channel basis, including cable service as defined by 47 U.S.C.
Section 522(6), but excluding video programming provided by a commercial
mobile service provider defined in 47 U.S.C. Section 332(d) or any
video programming provided solely as part of and via a service that
enables users to access content, information, electronic mail or other
services offered over the public Internet.
The right of a video service provider or an incumbent cable
operator that secures permission from the Missouri Public Service
Commission pursuant to Sections 67.2675 to 67.2714, RSMo., to offer
video service to subscribers.
Wireline facilities, or any component thereof, that deliver
video service, without regard to delivery technology, including Internet
protocol technology or any successor technology. The term "video service
network" shall include cable television systems.
Any person authorized to distribute video service through
a video service network pursuant to a video service authorization.
The fee imposed under Section 626.020(C) hereof.
B.
General Regulations.
1.
A video service provider shall provide written notice to the City
at least ten (10) days before commencing video service within the
City. Such notice shall also include:
a.
The name, address and legal status of the provider;
b.
The name, title, address, telephone number, e-mail address and fax
number of individual(s) authorized to serve as the point of contact
between the City and the provider so as to make contact possible at
any time (i.e., twenty-four (24) hours per day, seven (7) days per
week); and
c.
A copy of the provider's video service authorization issued by the
Missouri Public Service Commission.
3.
A video service provider shall not deny access to service to any
group of potential residential subscribers because of the race or
income of the residents in the area in which the group resides. A
video service provider shall be governed in this respect by Section
67.2707, RSMo. The City may file a complaint in a court of competent
jurisdiction alleging a germane violation of this Subsection, which
complaint shall be acted upon in accordance with Section 67.2711,
RSMo.
4.
A video service provider shall comply with all Federal Communications
Commission requirements involving the distribution and notification
of emergency messages over the emergency alert system applicable to
cable operators. Any video service provider other than an incumbent
cable operator serving a majority of the residents within a political
subdivision shall comply with this Section by December 31, 2007.
5.
A video service provider shall, at its sole cost and expense, indemnify,
hold harmless and defend the City, its officials, boards, board members,
commissions, commissioners, agents and employees against any and all
claims, suits, causes of action, proceedings and judgments ("claims")
for damages or equitable relief arising out of:
a.
The construction, maintenance, repair or operation of its video services
network;
b.
Copyright infringements; and
c.
Failure to secure consents from the owners, authorized distributors
or licenses or programs to be delivered by the video service network.
Such indemnification shall include, but is not limited to, the City's
reasonable attorneys' fees incurred in defending against any such
claim prior to the video service provider assuming such defense. The
City shall notify the provider of a claim within seven (7) business
days of its actual knowledge of the existence of such claim. Once
the provider assumes the defense of the claim, the City may at its
option continue to participate in the defense at its own expense.
This indemnification obligation shall not apply to any claim related
to the provision of public, educational or governmental channels or
programming or to emergency interrupt service announcements.
C.
Video Service Provider Fee.
1.
Each video service provider shall pay to the City a video service
provider fee in the amount of five percent (5%) of the provider's
gross revenues on or before the last day of the month following the
end of each calendar quarter. The City may adjust the video service
provider fee as permitted in Section 67.2689, RSMo.
2.
A video service provider may identify and pass through on a proportionate
basis the video service provider fee as a separate line item on subscribers'
bills.
3.
The City, not more than once per calendar year and at its own cost,
may audit the gross revenues of any video service provider as provided
in Section 67.2691, RSMo. A video service provider shall make available
for inspection all records pertaining to gross revenues at the location
where such records are kept in the normal course of business.
D.
Customer Service Regulations.
1.
For purposes of this Section, the following terms shall mean:
a.
Normal business hours. Those hours during which
most similar businesses in the community are open to serve customers.
In all cases, the term normal business hours must include some evening
hours at least one (1) night per week or some weekend hours.
b.
Normal operating conditions. Those service conditions
which are within the control of the video service provider. Those
conditions which are not within the control of the video service provider
include, but are not limited to, natural disasters, civil disturbances,
power outages, telephone network outages and severe or unusual weather
conditions. Those conditions which are ordinarily within the control
of the video service provider include, but are not limited to, special
promotions, pay-per-view events, rate increases, regular peak or seasonal
demand periods and maintenance or upgrade of the video system.
c.
Service interruption. The loss of picture or sound
on one (1) or more video channels.
2.
All video service providers shall adopt and abide by the following
minimum customer service requirements.
a.
Video service providers shall maintain a local, toll-free or collect
call telephone access line which may be available to subscribers twenty-four
(24) hours a day, seven (7) days a week.
b.
Video service providers shall have trained company representatives
available to respond to customer telephone inquiries during normal
business hours. After normal business hours, the access line may be
answered by a service or an automated response system, including an
answering machine. Inquiries received after normal business hours
shall be responded to by a trained company representative on the next
business day.
c.
Under normal operating conditions, telephone answer time by a customer
representative, including wait time, shall not exceed thirty (30)
seconds when the connection is made. If the call needs to be transferred,
transfer time shall not exceed thirty (30) seconds. These standards
shall be met no less than ninety percent (90%) of the time under normal
operating conditions, measured on a quarterly basis.
d.
Under normal operating conditions, the customer will receive a busy
signal less than three percent (3%) of the time.
e.
Customer service centers and bill payment locations shall be open
at least during normal business hours and shall be conveniently located.
f.
Under normal operating conditions, each of the following standards
shall be met no less than ninety-five percent (95%) of the time, measured
on a quarterly basis:
(1)
Standard installations shall be performed within seven (7) business
days after an order has been placed. "Standard" installations are
those that are located up to one hundred twenty-five (125) feet from
the existing distribution system.
(2)
Excluding conditions beyond the control of the operator, the
video service provider shall begin working on "service interruptions"
promptly and in no event later than twenty-four (24) hours after the
interruption becomes known. The video service provider must begin
actions to correct other service problems the next business day after
notification of the service problem.
(3)
The "appointment window" alternatives for installations, service
calls and other installation activities will be either a specific
time or, at maximum, a four (4) hour time block during normal business
hours. The operator may schedule service calls and other installation
activities outside of normal business hours for the express convenience
of the customer.
(4)
A video service provider shall not cancel an appointment with
a customer after the close of business on the business day prior to
the scheduled appointment.
(5)
If a video service provider's representative is running late
for an appointment with a customer and will not be able to keep the
appointment as scheduled, the customer must be contacted. The appointment
shall be rescheduled, as necessary, at a time convenient for the customer.
h.
Credits for service shall be issued no later than the customer's
next billing cycle following the determination that a credit is warranted.
i.
Video service providers shall not disclose the name or address of
a subscriber for commercial gain to be used in mailing lists or for
other commercial purposes not reasonably related to the conduct of
the businesses of the video service provider or its affiliates as
required under 47 U.S.C. Section 551, including all notice requirements.
Video service providers shall provide an address and telephone number
for a local subscriber to use without toll charge to prevent disclosure
of the subscriber's name or address.
3.
As required by Section 67.2692, RSMo., this Subsection (D) shall be enforced only as follows:
a.
Each video service provider shall implement an informal process for
handling inquiries from the City and customers concerning billing
issues, service issues and other complaints. If an issue is not resolved
through this informal process, the City may request a confidential
non-binding mediation with the video service provider, with the costs
of such mediation to be shared equally between the City and the video
service provider.
b.
In the case of repeated, willful and material violations of the provisions
of this Section by a video service provider, the City may file a complaint
on behalf of a resident harmed by such violations with Missouri's
Administrative Hearing Commission seeking an order revoking the video
service provider's Public Service Commission authorization. The City
or a video service provider may appeal any determination made by the
Administrative Hearing Commission under this Section to a court of
competent jurisdiction, which shall have the power to review the decision
de novo. The City shall not file a complaint seeking revocation unless
the video service provider has been given sixty (60) days' notice
to cure alleged breaches but has failed to do so.
E.
Public, Educational And Government Access Programming.
1.
Each video service provider shall designate the same number of channels
for non-commercial public, educational or governmental ("PEG") use
as required of the incumbent cable television franchisee as of August
28, 2007.
2.
Any PEG channel that is not substantially utilized by the City may
be reclaimed and programmed by the video service provider at the provider's
discretion. If the City finds and certifies that a channel that has
been reclaimed by a video service provider will be substantially utilized,
the video service provider shall restore the reclaimed channel within
one hundred twenty (120) days. A PEG channel shall be considered "substantially
utilized" when forty (40) hours per week are locally programmed on
that channel for at least three (3) consecutive months. In determining
whether a PEG channel is substantially utilized, a program may be
counted not more than four (4) times during a calendar week.
3.
The operation of any PEG access channel and the production of any
programming that appears on each such channel shall be the sole responsibility
of the City or its duly appointed agent receiving the benefit of such
channel, and the video service provider shall bear only the responsibility
for the transmission of the programming on each such channel to subscribers.
The City must deliver and submit to the video service provider all
transmissions of PEG content and programming in a manner or form that
is capable of being accepted and transmitted by such video service
provider holder over its network without further alteration or change
in the content or transmission signal. Such content and programming
must be compatible with the technology or protocol utilized by the
video service provider to deliver its video services. The video service
provider shall cooperate with the City to allow the City to achieve
such compatibility.
4.
The City shall make the programming of any PEG access channel available
to all video service providers in a non-discriminatory manner. Each
video service provider shall be responsible for providing the connectivity
to the City's or its duly appointed agent's PEG access channel distribution
points existing as of August 27, 2007. Where technically necessary
and feasible, video service providers shall use reasonable efforts
and shall negotiate in good faith to interconnect their video service
networks on mutually acceptable rates, terms and conditions for the
purpose of transmitting PEG programming. A video service provider
shall have no obligation to provide such interconnection to a new
video service provider at more than one (1) point per headend, regardless
of the number of political subdivisions served by such headend. The
video service provider requesting interconnection shall be responsible
for any costs associated with such interconnection, including signal
transmission from the origination point to the point of interconnection.
Interconnection may be accomplished by direct cable microwave link,
satellite or other reasonable method of connection acceptable to the
person providing the interconnect.
5.
The franchise obligation of an incumbent cable operator to provide
monetary and other support for PEG access facilities existing on August
27, 2007 shall continue until the date of franchise expiration (ignoring
any termination by notice of issuance of a video service authorization)
or January 1, 2012, whichever is earlier. Any other video service
provider shall have the same obligation to support PEG access facilities
as the incumbent cable operator, but if there is more than one (1)
incumbent, then the incumbent with the most subscribers as of August
27, 2007. Such obligation shall be prorated, depending on the nature
of the obligation, as provided in Section 67.2703.8, RSMo. The City
shall notify each video service provider of the amount of such fee
on an annual basis, beginning one (1) year after issuance of the video
service authorization.
6.
A video service provider may identify and pass through as a separate
line item on subscribers' bills the value of monetary and other PEG
access support on a proportionate basis.
[Ord. No. 07-1828 §1, 11-5-2007]
A.
DIRECTOR
FACILITIES
FACILITIES PERMIT
PERSON
SERVICE
Definitions. The following terms shall have the following
meanings unless otherwise defined by context:
The City's City Engineer, Public Works Director or such other
person designated to administer and enforce this Chapter.
A network or system, or any part thereof, used for providing
or delivering a service and consisting of one (1) or more lines, pipes,
irrigation systems, wires, cables, fibers, conduit facilities, cabinets,
poles, vaults, pedestals, boxes, appliances, antennas, transmitters,
radios, towers, gates, meters, appurtenances or other equipment.
A permit granted by the City for placement of facilities
on private property.
An individual, partnership, limited liability corporation
or partnership, association, joint stock company, trust, organization,
corporation or other entity, or any lawful successor thereto or transferee
thereof.
Providing or delivering an economic good or an article of
commerce including, but not limited to, gas, telephone, cable television,
Internet, open video systems, video services, alarm systems, steam,
electricity, water, telegraph, data transmission, petroleum pipelines,
sanitary or stormwater sewerage or any similar or related service
to one (1) or more persons located within or outside of the City using
facilities located within the City.
B.
Facilities Permits.
1.
Any person desiring to place facilities on private property must
first apply for and obtain a facilities permit in addition to any
other building permit, license, easement, franchise or authorization
required by law. The Director may design and make available standard
forms for such applications, requiring such information as allowed
by law and as the Director determines in his or her discretion to
be necessary and consistent with the provisions of this Chapter and
to accomplish the purposes of this Chapter. Each application shall
at minimum contain the following information, unless otherwise waived
by the Director:
a.
The name of the person on whose behalf the facilities are to be installed
and the name, address and telephone number of a representative whom
the City may notify or contact at any time (i.e., twenty-four (24)
hours per day, seven (7) days per week) concerning the facilities;
b.
A description of the proposed work, including a site plan and such
plans or technical drawings or depictions showing the nature, dimensions
and description of the facilities, their location and their proximity
to other facilities that may be affected by their installation.
2.
Each such application shall be accompanied by an application fee
approved by the City to cover the cost of processing the application.
3.
Application review and determination.
a.
The Director shall promptly review each application and shall grant
or deny the application within thirty-one (31) days. Unless the application
is denied pursuant to subparagraph (d) hereof, the Director shall
issue a facilities permit upon determining that the applicant:
(1)
Has submitted all necessary information;
(2)
Has paid the appropriate fees; and
(3)
Is in full compliance with this Chapter and all other City ordinances.
The Director may establish procedures for bulk processing of applications
and periodic payment of fees to avoid excessive processing and accounting
costs.
b.
It is the intention of the City that proposed facilities will not
impair public safety, harm property values or significant sight lines
or degrade the aesthetics of the adjoining properties or neighborhood,
and that the placement and appearance of facilities on private property
should be minimized and limited in scope to the extent allowed by
law to achieve the purposes of this Section. To accomplish such purposes,
the Director may impose conditions on facilities permits, including
alternative landscaping, designs or locations, provided that such
conditions are reasonable and necessary, shall not result in a decline
of service quality and are competitively neutral and non-discriminatory.
c.
An applicant receiving a facilities permit shall promptly notify
the Director of any material changes in the information submitted
in the application or included in the permit. The Director may issue
a revised facilities permit or require that the applicant reapply
for a facilities permit.
d.
The Director may deny an application, if denial is deemed to be in
the public interest, for the following reasons:
(1)
Delinquent fees, costs or expenses owed by the applicant;
(2)
Failure to provide required information;
(3)
The applicant being in violation of the provisions of this Chapter
or other City ordinances;
(4)
For reasons of environmental, historic or cultural sensitivity
as defined by applicable Federal, State or local law;
(5)
For the applicant's refusal to comply with reasonable conditions
required by the Director; and
(6)
For any other reason to protect the public health, safety and
welfare, provided that such denial does not fall within the exclusive
authority of the Missouri Public Service Commission and is imposed
on a competitively neutral and non-discriminatory basis.
4.
Permit revocation and ordinance violations.
a.
The Director may revoke a facilities permit without fee refund after
notice and an opportunity to cure, but only in the event of a substantial
breach of the terms and conditions of the permit or this Chapter.
Prior to revocation, the Director shall provide written notice to
the responsible person identifying any substantial breach and allowing
a reasonable period of time not longer than thirty (30) days to cure
the problem, which cure period may be immediate if certain activities
must be stopped to protect the public safety. The cure period shall
be extended by the Director on good cause shown. A substantial breach
includes, but is not limited to, the following:
(1)
A material violation of the facilities permit or this Chapter;
(2)
An evasion or attempt to evade any material provision of the
permit or this Chapter, or the perpetration or attempt to perpetrate
any fraud or deceit upon the City or its residents;
(3)
A material misrepresentation of fact in the permit application;
(4)
A failure to complete facilities installation by the date specified
in the permit, unless an extension is obtained or unless the failure
to complete the work is due to reasons beyond the applicant's control;
and
(5)
A failure to correct, upon reasonable notice and opportunity
to cure as specified by the Director, work that does not conform to
applicable national safety ordinances, industry construction standards
or the City's pertinent and applicable ordinances including, but not
limited to, this Chapter, provided that City standards are no more
stringent than those of a national safety ordinance.
b.
Any breach of the terms and conditions of a facilities permit shall
also be deemed a violation of this Chapter, and in lieu of revocation
the Director may initiate prosecution of the applicant or the facilities
owner for such violation.
5.
Appeals and alternative dispute resolution.
a.
Any person aggrieved by a final determination of the Director may
appeal in writing to the City Manager within five business (5) days
thereof. The appeal shall assert specific grounds for review, and
the City Manager shall render a decision on the appeal within fifteen
(15) business days of its receipt affirming, reversing or modifying
the determination of the Director. The City Manager may extend this
time period for the purpose of any investigation or hearing deemed
necessary. A decision affirming the Director's determination shall
be in writing and supported by findings establishing the reasonableness
of the decision. Any person aggrieved by the final determination of
the City Manager may file a petition for review pursuant to Chapter
536, RSMo., as amended, in the Circuit Court of the County of St.
Louis. Such petition shall be filed within thirty (30) days after
the City Manager's final determination.
b.
On agreement of the parties and in addition to any other remedies,
any final decision of the City Manager may be submitted to mediation
or binding arbitration.
(1)
In the event of mediation, the City Manager and the applicant
shall agree to a mediator. The costs and fees of the mediator shall
be borne equally by the parties and each party shall pay its own costs,
disbursements and attorney fees.
(2)
In the event of arbitration, the City Manager and the applicant
shall agree to a single arbitrator. The costs and fees of the arbitrator
shall be borne equally by the parties. If the parties cannot agree
on an arbitrator, the matter shall be resolved by a three (3) person
arbitration panel consisting of one (1) arbitrator selected by the
City Manager, one (1) arbitrator selected by the applicant or facilities
owner, and one (1) person selected by the other two (2) arbitrators,
in which case each party shall bear the expense of its own arbitrator
and shall jointly and equally bear with the other party the expense
of the third (3rd) arbitrator and of the arbitration. Each party shall
also pay its own costs, disbursements and attorney fees.
C.
Facilities Regulations.
1.
The following general regulations apply to the placement and appearance
of facilities:
a.
Facilities shall be placed underground, except when other similar
facilities exist above ground or when conditions are such that underground
construction is impossible, impractical or economically unfeasible
as determined by the City, and when in the City's judgment the above
ground construction has minimal aesthetic impact on the area where
the construction is proposed. Facilities shall not be located so as
to interfere, or be likely to interfere, with any public facilities
or use of public property.
b.
Facilities shall be located in such a manner as to reduce or eliminate
their visibility. Non-residential zoning districts are preferred to
residential zoning districts. Preferred locations in order of priority
in both type districts are:
c.
Facilities shall be a neutral color and shall not be bright, reflective
or metallic. Black, gray and tan shall be considered neutral colors,
as shall any color that blends with the surrounding dominant color
and helps to camouflage the facilities. Sightproof screening, landscape
or otherwise, may be required for facilities taller than three (3)
feet in height or covering in excess of four (4) square feet in size.
Such screening shall be sufficient to reasonably conceal the facility.
A landscape plan identifying the size and species of landscaping materials
shall be approved by the Director prior to installation of any facility
requiring landscape screening. The person responsible for the facilities
shall be responsible for the installation, repair or replacement of
screening materials. Alternative concealment may be approved by the
Director to the extent it meets or exceeds the purposes of these requirements.
d.
Facilities shall be constructed and maintained in a safe manner and
so as to not emit any unnecessary or intrusive noise and in accordance
with all applicable provisions of the Occupational Safety and Health
Act of 1970, the National Electrical Safety Code and all other applicable
Federal, State or local laws and regulations.
e.
No person shall place or cause to be placed any sort of signs, advertisements
or other extraneous markings on the facilities, except such necessary
minimal markings approved by the City as necessary to identify the
facilities for service, repair, maintenance or emergency purposes
or as may be otherwise required to be affixed by applicable law or
regulation.
f.
If the application of this Subsection excludes locations for facilities
to the extent that the exclusion conflicts with the reasonable requirements
of the applicant, the Director shall cooperate in good faith with
the applicant to attempt to find suitable alternatives, but the City
shall not be required to incur any financial cost or to acquire new
locations for the applicant.
2.
Any person installing, repairing, maintaining, removing or operating
facilities, and the person on whose behalf the work is being done,
shall protect from damage any and all existing structures and property
belonging to the City and any other person. Any and all rights-of-way,
public property or private property disturbed or damaged during the
work shall be repaired or replaced, and the responsible person shall
immediately notify the owner of the fact of the damaged property.
Such repair or replacement shall be completed within a reasonable
time specified by the Director and to the Director's satisfaction.
3.
The applicant shall provide written notice to all property owners
within one hundred eighty-five (185) feet of the site at least forty-eight
(48) hours prior to any installation, replacement or expansion of
its facilities. Notice shall include a reasonably detailed description
of work to be done, the location of work and the time and duration
of the work.
4.
At the City's direction, a person owning or controlling facilities
shall protect, support, disconnect, relocate or remove facilities,
at its own cost and expense, when necessary to accommodate the construction,
improvement, expansion, relocation or maintenance of streets or other
public works or to protect the ROW or the public health, safety or
welfare.
5.
If a person installs facilities without having complied with the
requirements of this Chapter or abandons the facilities, said person
shall remove the facilities, and if the person fails to remove the
facilities within a reasonable period of time, the City may, to the
extent permitted by law, have the removal done at the person's expense.
6.
Facilities shall be subject to all other applicable regulations and
standards as established as part of the City Code including, but not
limited to, building codes, zoning requirements and rights- of-way
management regulations in addition to the regulations provided herein.
[Ord. No. 07-1828 §1, 11-5-2007]
Any person found guilty of violating any provision of this Chapter shall, upon conviction, be punished in the manner prescribed in Section 100.100 of this Code.
[Ord. No. 07-1828 §1, 11-5-2007]
It is hereby declared to be the intention of the City of Manchester
that each and every part, Section and Subsection of this Chapter shall
be separate and severable from each and every other part, Section
and Subsection hereof and that the City of Manchester intends to adopt
each said part, Section and Subsection separately and independently
of any other part, Section and Subsection. In the event that any part
of this Chapter shall be determined to be or to have been unlawful
or unconstitutional, the remaining parts, Sections and Subsections
shall be and remain in full force and effect.
[Ord. No. 07-1828 §1, 11-5-2007]
Notwithstanding any provision of Chapter 405 of this Code to the contrary, all utility and similar facilities permitted by this Chapter shall be deemed permitted uses in the various zoning districts of the City and, to that extent, the following sections of this Code shall be amended to reflect such permitted uses: Section 405.170(A), Section 405.180(A), Section 405.190(A), Section 405.200(A), Section 405.210(A), Section 405.220(A), Section 405.230(A), Section 405.240(B), Section 405.250(B), Section 405.260(B) and Section 405.280(E)(4).
[Ord. No. 07-1828 §1, 11-5-2007]
The ROW regulations set forth in Section 626.030 of this Chapter shall be applicable to all utility companies engaging in business in the City of Manchester and all such utility companies shall be governed by such regulations.
