[Adopted 8-4-1999 by Ord.
No. 22-99]
A fiber-optic cable system for the transmission and distribution
of communication signals, including any conduit, fiber-optic cable,
splicing boxes, surface markers or other facilities located within
the public right-of-way.
Any person who purchases any services provided by a communications
system.
The person who is issued a license in accordance with the
provisions of this Article.
All receipts collected by a licensee for all communications
and communications-related operations and services within the City
of Orange Township. Gross revenue includes revenue from the sale or
lease of customers premises equipment, installation charges, access
charges paid to the licensee by other communications systems or carriers,
sales and occupation surcharges to customers, and the lease or re-sale
of lines or circuit paths to third parties.
Any public street, highway, avenue, alley, bridge or sidewalk
within the City.
No person may construct a fiber-optic system:
A.
An application for a license shall be filed with the Department of
Public Works and Engineering and shall include an engineering site
plan showing the proposed location of the system, any manholes or
overhead poles, the size, type and proposed depth of any conduit or
other enclosures, the relationship of the system to all existing streets,
sidewalks, poles, utilities and other improvements within the public
right-of-way, and any additional information which the Department
of Public Works and Engineering may require.
B.
The Department of Public Works and Engineering shall issue all licenses
required by the Article. He or she shall review each application and
shall grant a license if the application complies with the requirements
of this Article and any other applicable federal, state or local legal
requirements. In granting a license, the Department of Public Works
and Engineering may change the proposed location of the system where
necessary to avoid interference with other cables, wires, conduits,
pipes, sewers or other facilities placed within the public right-of-way.
C.
If a licensee proposes to expand, reduce, relocate or modify any
portion of its system within the public right-of-way, the licensee
shall file an application for an amendment of its license with the
Department of Public Works and Engineering. An application for an
amendment shall include relevant new information of the type required
for the initial application and shall be reviewed by the Department
of Public Works and Engineering in the same manner as the original
application. If the amendment requires only one or more connections
to the main system and if the new connections will run entirely through
existing underground utility conduits or ducts so as not to require
any excavation in the public right-of-way, or by means of overhead
wires or cables between existing utility poles, the licensee shall
not be required to pay an additional administrative fee for the amendment.
A.
No license or amendment shall be granted for any system until the
required fees have been paid and a complete application approved by
the Department of Public Works and Engineering.
B.
The system shall be installed and constructed in accordance with
the terms of the license granted by the Department of Public Works
and Engineering.
C.
After installation, the licensee shall file with the Department of
Public Works and Engineering an as-built survey specifying the actual
location of the system, including any manholes or overhead poles,
and the licensee shall provide such signs or other economically feasible
means of locating the system as may be reasonably required by the
Department of Public Works and Engineering, including a requirement
that the licensee contract with a one-call locating service or similar
locating service for location of the system by the service.
D.
If it becomes necessary to dig into or in any manner break any public
right-of-way to install, construct, reconstruct, repair, operate,
disconnect or remove a system, the licensee shall first obtain a permit
from the City to do so.
E.
All technical standards governing installation, construction, reconstruction,
repair, operation, disconnection and removal of a licensed system
shall conform with applicable federal, state and city regulations.
F.
The licensee shall be responsible for repairing or reimbursing other
licensed or franchised utilities or communications systems for any
damage to their property caused by negligence of the licensee or its
agents, employees or contractors, in connection with the installation,
construction, reconstruction, repair, operation, disconnection or
removal of the licensee's communications system.
G.
No license required under this Article shall be granted to install
a system in any space for public use.
H.
Failure by the licensee to comply with any of the requirements of
the license or this Article shall constitute grounds for termination
of the license by the City.
Upon ninety (90) days' notice from the City, the licensee
shall protect, support, or temporarily or permanently disconnect,
relocate within the same or other public right-of-way, or remove any
of its system when required to do so by the City because of street
or other public excavation, construction, repair, grading, traffic
conditions, installation of sewers, drains, water pipes, or City-owned
power or signal lines; vacation or relocation of public right-of-way;
installation or construction of any other structure by the City or
any other public agency; or any improvement which promotes the public
health, safety or welfare of the City.
A.
As consideration for use of municipal rights-of-way, licensee shall
pay an initial fee of one thousand dollars ($1,000.) upon filing the
initial application and commencing with the second year, the annual
license fee shall be five hundred dollars ($500.) per year. The licensee
shall pay an additional fee of five hundred dollars ($500.) for each
proposed amendment to the application. In the event the licensee uses
more than two (2.0) miles of the municipal right-of-way, the licensee
shall pay an additional fee for such additional municipal right-of-way
at the rate of two hundred dollars ($200.) per mile.
B.
At the time of filing of each proposed amendment to the license increasing the length of route traversed by the communication line within the public right-of-way, the licensee shall pay to the Department of Public Works and Engineering an additional use fee computed in accordance with Section 185-37A above.
C.
Each annual use fee payment shall be accompanied by a report on a
form approved by the Business Administrator and the City Attorney.
Each such report shall contain a notarized verification by the chief
financial officer of the licensee, and upon request by the City, such
reports shall be verified by a certified public accountant at the
expense of the licensee.
D.
Acceptance of any use fee shall not constitute an acknowledgment
that the amount paid is correct nor shall acceptance constitute a
release of any claim for additional sums due. Use fees shall be subject
to audit by the Business Administrator and assessment or refund if
the payment is found to be an error. If an audit results in an additional
assessment, the additional payment shall be due immediately, together
with interest at the rate of eight percent (8%) per annum calculated
from the due date for the use fee in question.
E.
The annual use fee shall be based on a license year ending on June
30 and the use fee for each license year shall be due on June 30th
of each year. Interest at the rate of eight percent (8%) per annum
on any overdue use fee shall be calculated from the due date for the
use fee.
F.
Nothing in this Article shall limit the liability of the licensee
for applicable federal, state and local taxes, permits, registrations
and approvals.
G.
Nothing in the Article shall be construed to prevent the City from
changing any of the fees required by this section.
A.
The licensee shall defend and indemnify the City from liability for
damages to property or injury or death to any person, including payments
made under workers' compensation laws, arising from installation,
construction, reconstruction, repair, operation, disconnection or
removal of the licensee's communications system. Upon receipt
of written notice of litigation against the City, the licensee shall
defend the same at its own expense. A judgment against the City on
account of a claim shall be conclusive as against the licensee and
shall entitle the City to recover the full amount thereof with interest
and costs and attorneys' fees incurred by the City. A right of
action shall accrue to the City as soon as judgment is rendered. The
City shall cooperate with the licensee's defense of any such
claim or action.
B.
The licensee shall purchase and maintain general liability insurance
in an amount and coverage determined by the City's Risk Manager
in conformity with written standards. The licensee shall maintain
insurance coverage as long as the licensed communications system remains
within the public right-of-way. The City shall be named as an additional
insured on the policy, which shall provide on its face that it may
not be canceled except after at least thirty (30) days prior written
notice to the City. Immediately upon issuance of the required license,
the licensee shall file with the Department of Public Works and Engineering
a certificate of insurance which clearly discloses on its face coverage
in conformity with all of the foregoing requirements, and if requested
by the Business Administrator, the licensee shall additionally submit
a certified copy of the policy.
C.
Immediately upon issuance of the required license, the licensee shall
file with the Department of Public Works and Engineering a surety
bond of an approved surety in an amount and form approved by the Department
of Public Works and Engineering. The bond shall protect the City from
damages and costs incurred by the City from any failure by the licensee
to restore all public right-of-ways and other public property affected
by the installation, construction, reconstruction, repair, operation
or removal of the licensed communications system to its proper condition
in accordance with City standards. The bond shall be maintained by
the licensee for as long as the system remains in place within the
public right-of-way and thereafter until the licensee has satisfied
in full its obligations to the City which arise out of or pertain
to the licensed communications system.
A.
Any person who fails to secure the license required under this Article
or any licensee who fails to comply with the requirements of the license
or this Article or with any other applicable federal, state or local
legal requirements shall, upon notification of such violation by the
Department of Public Works and Engineering, immediately abate the
violation or cause the licensee's communications system either
to be removed or to be disconnected and rendered inoperative.
B.
The City may remove or disconnect and render inoperative any communications
system used or maintained contrary to this Article.
The licensee shall not transfer or assign all or any portion
of its interest in any license granted pursuant to this Article without
prior written authorization of the Department of Public Works and
Engineering, which authorization shall not be unreasonably withheld,
conditioned, delayed or denied. For purposes of this section, a merger
or corporate reorganization shall not be deemed a transfer or assignment.
A.
The Department of Public Works and Engineering shall promptly send
by certified mail with return receipt written notice advising each
prospective licensee of any of the following:
B.
Within three (3) business days after receipt of any such notice from
the Department of Public Works and Engineering, an applicant shall
have the right to a hearing before the Business Administrator by filing
a written appeal with the Business Administrator specifying the reasons
for the appeal. At least ten (10) days before the date of the hearing,
the Business Administrator shall notify the applicant of the hearing
date. At the hearing, the applicant may be represented by legal counsel,
may call witnesses and present evidence, and may cross-examine adverse
witnesses.
Nothing in this Article shall be construed as an acquiescence
in or ratification of the occupation of any public right-of-ways or
public places of the City by any person now occupying the same without
legal right, nor shall this Article be construed as conferring the
right to occupy any of the public right-of-ways or public places of
the City upon any such person now illegally or without authority occupying
the same.
Any person who violates any of the provisions of this Article
shall, upon conviction thereof, be subject to a fine not exceeding
five thousand dollars ($5,000.) or imprisonment for a period not exceeding
six (6) months, or both.
