[HISTORY: Adopted by the City Council of the City of Trenton 9-7-1967 as Ch. XXIII of the Revised General Ordinances. Amendments noted where applicable.]
The City Council finds and determines as follows:
The City of Trenton frequently receives requests from various business entities engaged in the fiber optic cable communications industry seeking the City's approval for the use of the City rights-of-way, City streets, other municipally owned property and, in some instances, existing easements which previously have been granted by the City to public utilities for the purpose of installing overhead and/or underground cables, conduits, wires and similar equipment.
These requests appear to be a part of the beginning stages of the information superhighway network for our country.
Requests of the kind described involve substantial review by the Engineering and Law Departments before approvals can be granted, often involve the excavation of City streets, the provision of additional police services during installation with the concomitant disruption of traffic and public inconvenience and also involve additional time and expense for inspection and expense arising out of potential liability.
The City desires to be supportive of the emerging innovative technology that fiber optic cable offers to its users, but not at the expense of burdening City taxpayers.
The imposition of a reasonable fee for approvals, licenses, permit or subeasements which are approved and granted will balance the needs of the businesses and of the City and its taxpayers and promote the public safety and welfare, and ongoing maintenance of the City infrastructure.
In order to implement the purposes of this chapter, the application process and license or permit fee schedule provided hereafter shall apply.
Any license or permit issued hereunder shall be valid for a period not to exceed 30 years.
All license or permit requests relating to activities covered by this chapter shall be submitted to and coordinated by the office of the Business Administrator, with a copy to the office of the City Engineer.
Every applicant for the installation of fiber optic cable shall submit to the City Engineer:
A plat showing the proposed location of the fiber optic cable installation.
A depiction indicating whether the proposed installation is overhead or underground.
Copies of all easements proposed to be used which have previously been granted.
All consents for the use of any such easements.
Any requests for new easements.
Every application recommended for approval by the City Engineer, if approved by Council, will require as a condition thereof, the following:
A certificate of insurance naming the City as an additional insured for general liability coverage in the amount of at least $2,000,000.
An indemnification agreement, properly executed by the applicant, which shall hold the City, its officers, agents and employees harmless from any loss, claim or damage arising out of the installation, maintenance or use of the fiber optic cable installed by the applicant, the form of this agreement to be approved by the City Attorney.
An agreement that the easement holder will permit the City to use the holder's easement without consideration for the installation of fiber optic cable for icy operations, provided that such installation will not interfere with any fiber optic cable the easement holders may have previously installed in the easement area.
The City, at its sole discretion, may accept annual payments in lieu of the above one-time payment so long as the total of the annual payments, when subjected to a time/value of money analysis, equals the amount of the one-time payment set forth above.
The City may accept in-kind services or products in lieu of the above fees if the City determines the that value of such products or services meets or exceeds the total fee imposed by this section, as adjusted by any time/value of money calculation appropriate and necessary to the nature and timing of the in-kind contribution, as evidenced by a certification to that effect submitted to the Mayor and Council by the City Attorney.