Each Grantee shall provide the city with an accurate map or maps certifying the location of all telecommunications facilities within the public rights-of-way. Each Grantee shall provide updated maps annually including copies in paper and a computerized format specified by the city.
(Ord. 2016, passed 5-22-00; Am. Ord. 2069, passed 5-12-03)
Unless directly and proximately caused by willful, intentional or malicious acts by the city, the city shall not be liable for any damage to or loss of any telecommunications facility within the public rights-of-way of the city as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling, or work of any kind in the public rights-of-way by or on behalf of the city, or for any consequential losses resulting directly or indirectly from such work.
(Ord. 2016, passed 5-22-00; Am. Ord. 2069, passed 5-12-03)
Within ten days of a written request from the city, each Grantee shall furnish the city with information sufficient to demonstrate:
(A) That the Grantee has complied with all requirements of this chapter.
(B) All books, records, maps and other documents, maintained by the Grantee with respect to its facilities within the public rights-of-way shall be made available for inspection by the city at reasonable times and intervals.
(Ord. 2016, passed 5-22-00; Am. Ord. 2069, passed 5-12-03)
§ 115.103 [Reserved]
If any right is granted, by lease, franchise or other manner, to use and occupy city property for the installation of telecommunications facilities, the compensation to be paid for such right and use shall be fixed by the city and is not subject to the limits contained in this chapter.
(Ord. 2016, passed 5-22-00; Am. Ord. 2069, passed 5-12-03)
(A) Unless otherwise provided in a franchise agreement, in which case such franchise term shall govern.
(B) As compensation for the benefits and privileges under its franchise and in consideration of permission to use the right-of-way of the city, the Grantee shall pay a quarterly franchise fee to the city, through the duration of its franchise, as follows:
(1) The minimum quarterly franchise fee shall be set by resolution of the City Council.
(2) The franchise fee for a telecom-munication utility shall equal a percentage (to be set by resolution of the City Council) of the gross revenue on exchange access services earned by the telecommunications utility within the boundaries of the city. In addition, a telecommunication utility shall pay the fee in this section on telecommunications services which are not local exchange access services.
(3) Except for limited use telecommunication franchise Grantees, the franchise fee shall equal a percent of the Grantee's gross revenues derived from Grantee's provision of telecommunications services and telecommunications facilities within the city. The percentage shall be set by resolution of the council.
(4) A limited use telecommunication franchisee shall pay a fee based on the number of linear feet of right-of-way used by the franchisee. A limited use telecommunication franchisee is defined as one whose franchise limits the amount of linear feet of right-of-way in the city the Grantee may occupy. The fee per linear foot shall be set by resolution of the council.
(5) Grantee shall be considered to be providing telecommunications services or facilities if it sells, leases, resells, or otherwise conveys such services or facilities for consideration, monetary or otherwise.
(6) A Grantee providing resold telecommunications services or facilities shall be entitled to a credit against its franchise fee for an amount equal to a percentage of the price paid for such services or facilities at wholesale. Such percentage shall be set by resolution of the council.
(7) So long as it registers with the city as required in this chapter and pays the fees required for Grantees set forth in this division (A), a reseller may use another person's facilities to engage in telecommunications activities in the right-of-way without obtaining a franchise, providing the reseller does not, either itself or through an affiliate, own or lease, control or manage any facilities in the right-of-way and is not involved in construction or repair of facilities in the right-of-way. For purposes of calculating the fees to be paid by a reseller, the amount of compensation paid by the reseller to the owner or manager of facilities in the right-of-way for the services it resells shall be deducted from the reseller's gross revenues before applying the percentage rates described in division (A) above.
(8) Payment shall be made by each April 25, July 25, October 25 and January 25 for the quarter just ended.
(C) Any Grantee who fails to remit any fee imposed by this chapter within 30 days of the date it is due, shall pay interest at the rate of one percent (1%) per month or fraction thereof on the amount of the fee from the date on which the remittance first became due until paid.
(D) To the extent that federal or state law, or an existing franchise agreement, limits the amount of fees which the city may impose on, or the compensation it may require from a Carrier, nothing in this section shall require the payment of any greater amount, unless and until the federal or state limits are raised, or the franchise agreement expires or is otherwise terminated.
(Ord. 2016, passed 5-22-00; Am. Ord. 2069, passed 5-12-03)
Carriers providing cable service shall be subject to the city's cable franchise requirements governing the provision of cable service. Notwithstanding the foregoing, Carriers providing cable service shall be subject to the requirements of this chapter if they provide telecommunications service or local exchange service.
(Ord. 2016, passed 5-22-00; Am. Ord. 2069, passed 5-12-03)
§ 115.107 [Reserved]
(A) Unless otherwise provided in a franchise agreement, each Grantee shall, as a condition of the grant, secure and maintain the following liability insurance policies insuring both the Grantee and the city, and its elected and appointed officers, officials, agents and employees as coinsured:
(1) Comprehensive general liability insurance with limits not less than $1,000,000 for bodily injury or death to each person; $1,000,000 for property damage resulting from any one accident; and $1,000,000 for all other types of liability.
(2) Automobile liability for owned, non-owned and hired vehicles with a limit of $1,000,000 for each person and $1,000,000 for each accident.
(3) Workers' compensation within statutory limits and employer's liability insurance with limits of not less than $1,000,000.
(4) Comprehensive form premises-operations, explosions and collapse hazard, underground hazard and products completed hazard with limits of not less than $1,000,000.
(B) The liability insurance policies required by this section shall be maintained by the Grantee throughout the term of the telecommunications franchise, and such other period of time during which the Grantee is operating without a franchise, or is engaged in the removal of its telecommunications facilities. Each such insurance policy shall contain the following endorsement:
“This policy may not be canceled nor the intention not to renew be stated until 90 days after receipt by the city, by registered mail, of a written notice addressed to the City Manager or his designee of such intent to cancel or not to renew.”
(C) Within 60 days after receipt by the city of such notice, and in no event later than 30 days prior to the cancellation, the Grantee shall obtain and furnish to the city evidence that the Grantee meets requirements of this section.
(D) The insurance policy requirements of this section may be met by a program of self-insurance acceptable to the city.
(Ord. 2016, passed 5-22-00; Am. Ord. 2069, passed 5-12-03)
Each franchise agreement shall include, to the extent permitted by law, Grantee's express undertaking to 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 result from the negligent, careless or wrongful acts, omissions, failures to act or misconduct of the Grantee or its affiliates, officers, employees, agents, contractors or subcontractors in the construction, operation, maintenance, repair or removal of its telecommunications facilities, and in providing or offering telecommunications services over the facilities or network, whether such acts or omissions are authorized, allowed or prohibited by this chapter or by a grant agreement made or entered into pursuant to this chapter.
(Ord. 2016, passed 5-22-00; Am. Ord. 2069, passed 5-12-03
Unless the city otherwise specifically approves an alternative security to assure performance, before a franchise granted pursuant to this chapter is effective, the Grantee shall provide and maintain a performance bond, in form and substance acceptable to the city, as security for the full and complete performance of this chapter, including any costs, expenses, damages or loss the city pays or incurs because of any failure attributable to the Grantee to comply with the codes, ordinances, rules, regulations or permits of the city.
(Ord. 2016, passed 5-22-00; Am. Ord. 2069, passed 5-12-03)