(a)
A
person commits an offense if the person owns or operates facilities
within the right-of-way within the city without first having obtained
a registration from the city, or having a contract or franchise with
the city to operate facilities within the right-of-way.
(b)
To
obtain registration, a person must submit an application on a form
provided by the city secretary. The applicant must be the person who
will own the facilities.
(c)
The
applicant for registration shall furnish the city the following information,
which shall be subscribed and sworn to before a notary public:
(1)
Name and address of the applicant;
(2)
Trade name under which the applicant does or proposes to do business;
(3)
The name, address and telephone number of the person who will be
the contact person for the user;
(4)
The name, address and telephone number of any contractor or subcontractor,
if known, who will be working in the right-of-way on behalf of the
applicant;
(5)
The name(s) and telephone number of an emergency contact who shall
be available 24 hours a day;
(6)
Proof of insurance and bonds, as follows:
(A)
Worker’s compensation insurance meeting applicable statutory
requirements and employer’s liability insurance with minimum
limits of one hundred thousand dollars ($100,000.00) for each accident.
(B)
Commercial general liability insurance, or any combination of general
liability and umbrella or excess insurance, with minimum limits of
five million dollars ($5,000,000.00) as the combined single limit
for each occurrence of bodily injury, personal injury and property
damage. The policy shall provide blanket contractual liability insurance
for all written contracts and shall include coverage for products
and completed operations liability, independent contractor’s
liability, and coverage for property damage from perils of explosion,
collapse or damage to underground utilities, commonly known as XCU
coverage. The insurance coverage must be written by a company or companies
approved to conduct business in the state. The city must be named
as an additional insured on the policy by using endorsement CG 20
26 or broader.
(C)
Automobile liability insurance covering all owned, hired, and non-owned
vehicles in use by the applicant, its employees and agents, with personal
protection insurance and property protection insurance to comply with
the provisions of state law with minimum limits of two million dollars
($2,000,000.00) as the combined single limit for each occurrence for
bodily injury and property damage.
(D)
The city will accept certificates of self-insurance issued by the
state or letters written by the applicant in those instances where
the state does not issue such letters, which provide the same coverage
as required herein, so long as the applicant demonstrates by written
information to the city manager that it has adequate financial resources
to be a self-insured entity.
(E)
The coverage amounts set forth above may be met by a combination
of underlying and umbrella policies so long as in combination the
limits equal or exceed those stated.
(F)
All policies other than those for worker’s compensation shall
be written on an occurrence and not on a claims-made basis and shall
name the city, its officers and employees as additional insureds by
using endorsement CG 20 26 or broader. All insurance carriers and
surplus line carriers shall be rated A+ or better by A.M. Best Company.
(G)
Insurance policies must provide that the issuing company waives all
right to recovery by way of subrogation against the city in connection
with damage covered by the policy.
(H)
All insurance shall be effected under valid and enforceable policies,
insured by insurers licensed to do business by the state. All insurance
carriers and surplus line carriers shall be rated A+ or better by
A.M. Best Company.
(I)
All insurance policies shall contain the following endorsement: “At
least 30 days’ prior written notice shall be given to the City
of Joshua by the insurer of any intention not to renew such policy
or to cancel, replace or materially alter same, such notice to be
given by registered mail.”
(J)
The applicant, and thereafter the registration holder, without cost
to the city, shall file a surety bond which will be valid each year
construction will occur through two full years after the completion
of the construction. The surety bond shall be issued by a surety company
authorized to do business in the state. The amount of the bond shall
be the estimated amount of the cost to restore the right-of-way for
the work anticipated to be done in that year, in the event the registration
holder leaves a job site in the right-of-way unfinished, incomplete
or unsafe. If the applicant has no facilities existing in the city
at the time of application, the city manager may postpone the requirement
for filing a surety bond until the applicant submits an application
for an excavation permit.
(K)
A utility provider with a franchise in effect on the date of this
division satisfies the requirements of this subsection if the provider’s
franchise adequately provides insurance and bonds.
(7)
Such other information as the city manager may determine is reasonably
necessary.
(Ordinance 422-2007, sec. 4, adopted 4/17/07)
(a)
Standards for issuance.
The city manager shall issue
a registration to the applicant if, after review of the application,
it is determined that the applicant:
(1)
Has complied with all requirements for issuance of the registration;
and
(2)
Has not made a false or inaccurate statement as to a material matter
on the application for registration; and
(3)
Has not failed to reimburse the city for any costs the city has incurred
as a result of work performed in the right-of-way; or
(4)
Has in effect an existing franchise or agreement with the city.
(b)
Renewal; transfer.
A registration shall be valid for a period of one year. A person may renew a registration by making application as provided in section 3.10.076 hereof. A registration is not transferable.
(c)
Fees for registration and use.
(1)
Registration fee.
Applicants, other than utilities exempt
from fees for use of right-of-way because of franchise terms or state
or federal law, shall pay a $200.00 application fee for registration,
due with submittal of the application.
(2)
Annual user fee.
Registration holders, other than utilities
exempt from fees for use of right-of-way because of franchise terms
or state or federal law, shall pay an annual fee of $1.75 times the
number of linear feet of public right-of-way occupied. Payment for
the first year is due prior to commencement of construction for new
facilities or within ninety (90) days of the effective date of this
division for existing facilities. Payment for subsequent years is
due prior to the anniversary of the first payment.
(d)
Notice of litigation.
A registration holder shall immediately
advise the city manager of actual or potential litigation that may
develop or may affect the registration holder’s obligation to
defend and indemnify the city.
(Ordinance 422-2007, sec. 5, adopted 4/17/07)
The city manager shall revoke a registration if it is determined
that the registration holder has:
(1)
Given
false or inaccurate information on the application for registration
or in a hearing concerning the registration; or
(2)
Violated
the provisions of this division, or, if the registration holder has
a franchise with the city, violated the terms of the franchise.
(Ordinance 422-2007, sec. 6, adopted 4/17/07)
If the city manager denies or revokes a right-of-way registration,
the city shall give notice by personal service or by certified mail,
return receipt requested, to the applicant or registration holder.
The applicant or registration holder may appeal the decision to deny
or revoke by filing written notice and request for a hearing before
the city council with the city secretary, within five days after receipt
of notice. The city secretary shall mail, or cause to be personally
delivered, written notice of the time and place of the hearing to
the person appealing. The notice shall be mailed to the address specified
in the notice of appeal form. The city council shall conduct a hearing
and shall make a decision on the basis of a preponderance of the evidence
presented at the hearing. The decision of the city council shall be
final.
(Ordinance 422-2007, sec. 7, adopted 4/17/07)
