For purposes of this chapter, the following terms, phrases, words, and their derivations have the meanings set forth herein. When not inconsistent with the context, words in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The words “shall” and “will” are mandatory and “may” is permissive. Words not defined shall be given their common and ordinary meaning.
A. “Applicant” means any person applying for a right-of-way permit hereunder.
B. “Best efforts” means the best reasonable efforts under the circumstances, taking into consideration, among other appropriate matters, all applicable laws, regulations, safety, engineering and operational codes, expedition, available technology and human resources and cost.
C. “Chapter” means Chapter 910 of the codified ordinances of the city, as amended from time to time, and any regulations adopted hereunder.
D. “City” means the city of Columbus, Ohio.
E. “Council” means the legislative body of the city.
F. “Director” means the director of public service.
G. “Force majeure” means a strike, act of God, act of public enemy, order of any kind of a government of the United States of America or of the state or any of their departments, agencies or political subdivisions; riot, epidemic, landslides, lightning, earthquake, fire, tornado, storm, flood, civil disturbance, explosion, partial or entire failure of a utility or any other cause or event not reasonably within the control of the party disabled by such force majeure, but only to the extent such disabled party notifies the other party as soon as practicable regarding such force majeure and then for only so long as and to the extent that, the force majeure prevents compliance or causes noncompliance with the provisions hereof.
H. “General right-of-way permit” shall have the meaning set forth in Section 910.03(B)(1).
I. “Governmental purposes” means those purposes classified as governmental under Ohio law, as well as (i) street lighting, (ii) water utility service and (iii) any other city utility service to the extent such other city utility service is provided to city facilities.
J. “Gross revenues” mean a reasonable estimation of all cash, credit, property of any kind or nature, or other consideration received directly or indirectly by a general permittee arising from or attributable to the sale or exchange of any services within the city in any way derived from the operation of its facilities in or use of the rights-of-way; provided, however, that gross revenues does not include revenues arising from services which, in the case of telecommunications services, neither terminate or originate within the city, or in the case of all other services, are not consumed or used within the city.
K. “Permittee” means any person issued a right-of-way permit pursuant to this chapter to use or occupy all or a portion of the rights-of-way in accordance with the provisions of this chapter and said right-of-way permit.
L. “Person” means any natural person or any association, firm, partnership, joint venture, corporation, or other legally recognized entity, whether for-profit or not-for-profit.
M. “Public property” means any real property owned by the city or easements held or used by the city, other than a right-of-way.
N. “Regulation” means any rule adopted by the director pursuant to the authority of this chapter, and the procedure set forth in Section 910.10, to carry out its purpose and intent.
O. “Residential purposes” means residential use of right-of-way for such uses as mailboxes, trees, decorative purposes or any curb cuts and driveways, and as may be further defined in the regulations.
P. “Right-of-way” means the surface of and the space above and below the paved or unpaved portions of any public street, public road, public highway, public freeway, public lane, public path, public way, public alley, public court, public sidewalk, public boulevard, public parkway, public drive and any other land dedicated or otherwise designated for the same now or hereafter held by the city which shall, within its proper use and meaning in the sole opinion of the director, entitle a permittee, in accordance with the terms hereof and of any right-of-way permit, to the use thereof for the purpose of installing or operating any poles, wires, cables, transformers, conductors, ducts, lines, mains, conduits, vaults, manholes, amplifiers, appliances, attachments or other property or facilities as may be ordinarily necessary and pertinent to the provision of natural gas, electric, cable television, communications or other utility services as set forth in any service permit or any right-of-way permit. Right-of-way shall not include private easements or public property, except to the extent the use or occupation of public property is specifically granted in a right-of-way permit or by regulation.
Q. “Right-of-way board” shall have the meaning set forth in Section 910.03(F).
R. “Right-of-way permit” means the nonexclusive grant of authority to use or occupy all or a portion of city’s rights-of-way granted pursuant to this chapter.
S. “Right-of-way related costs” means the total costs to the city of planning, regulating, purchasing, maintaining and governing the rights-of-way, including any costs of joint planning, enforcement of this chapter, and related costs and overheads, including but not limited to an appropriate allocation of the costs of any geographic information systems utilized by the city.
T. “Service permit” means a valid service permit or franchise issued by the city pursuant to the Columbus City Charter, the Columbus City Codes or Constitution and laws of Ohio or the United States, and accepted by any person, pursuant to which such person may operate or provide natural gas, electric, cable television, communication or other utility services to consumers within the city.
U. “Special right-of-way permit” shall have the meaning set forth in Section 910.03(B)(2). (Ord. 1589-98 § 1 (part).)

A. The purpose of this chapter is to provide for the regulation of the use or occupation of all rights-of-way in the city, the issuance of right-of-way permits to persons for such use or occupancy and to set forth the policies of the city related thereto.
B. A right-of-way permit issued pursuant to this chapter does not take the place of any service permit, franchise, license, or permit which may be additionally required by law, including any required by Chapter 903. Each permittee shall obtain any and all such additional state, federal or city franchises, licenses or permits necessary to the operation and conduct of its business or the occupation or use of any right-of-way; provided, however, that no permittee holding a valid right-of-way permit shall be required to obtain a service permit for any type of services rendered by said permittee for which the city did not require service permits at the time said permittee’s permit was last issued or renewed. Should there be a direct conflict between the provisions of this chapter and a valid service permit, the provisions of the service permit shall prevail; provided, however, that additional obligations shall not be construed as a conflict.
C. The director is hereby directed and empowered to enforce the provisions of this chapter.
D. The city’s policy regarding rights-of-way is:
1. To promote the utilization of rights-of-way for the public health, safety and welfare and to promote economic development in the city;
2. To promote the availability of a wide range of utility, communication and other services, including the rapid deployment of new technologies and innovative services, to the city’s residents and taxpayers at reasonable costs;
3. To promote cooperation among the permittees and the city in the occupation of rights-of-way, and work therein, in order to minimize public inconvenience during right-of-way work, and eliminate wasteful, unnecessary or unsightly duplication of facilities;
4. To promote public safety and protect public property;
5. To ensure adequate public compensation for private use of the rights-of-way and the costs related thereto, including the regulation thereof;
6. To promote and require reasonable accommodation of all uses of rights-of-way; and when all requests for right-of-way use cannot be accomplished, to give priority for use of rights-of-way, in the order indicated, from highest to lowest, to the following users:
(a) The city for governmental purposes;
(b) Another governmental entity for governmental purposes with the city’s concurrence, or other governmental use required by law;
(c) General right-of-way permittees and proprietary uses by the city; and
(d) Special right-of-way permittees; provided, however, that the director may reasonably require cooperation and accommodation among permittees in the public interest; and
7. To assure that applicants have the financial, technical and managerial resources to comply with this chapter and the provisions of any right-of-way permit issued hereunder; provided that, for purposes of this chapter, an applicant possessing valid certification from the Public Utilities Commission of Ohio, including certification pursuant to R.C. 4933.81 et seq., for the services to be provided by the facilities subject to this chapter shall be presumed to possess the requisite financial, technical and managerial resources, unless otherwise shown by clear and convincing evidence.
E. All right-of-way permits granted hereunder shall be non-exclusive and no property right of any nature shall be created by the granting of a permit under this chapter.
F. This chapter does not apply, and nothing herein should be construed to apply the provisions of this chapter, to structures or facilities owned or operated by the city or any city operations that occupy or use the rights-of-way. It is specifically contemplated, however, that all city departments or divisions that utilize the rights-of-way shall carry out their operations in a manner consistent with the policy set forth in this chapter, including participation and cooperation in all joint planning hereunder and identification of structures and facilities located in the rights-of-way. (Ord. 1589-98 § 1 (part).)

A. Unless otherwise permitted pursuant to the Columbus City Codes, no person shall use, occupy, construct, own or operate structures or facilities in, under or over any rights-of-way or any public property within the city unless such person first obtains a right-of-way permit and conforms to the requirements set forth therein and in this chapter; provided, however, that right-of-way permits shall not be required for the following uses:
1. Newspaper stands;
2. Carts;
3. Sidewalk cafes;
4. Awnings; and
5. Residential purposes, so long as, in the opinion of the director, the such use:
(i) Has received or will receive all other necessary permits, including any under Chapter 903 and 905 Columbus City Codes;
(ii) Is not inconsistent with policy of the city;
(iii) Does not adversely affect the public health, safety or welfare; and
(iv) Does not materially interfere with the other lawful use of the right-of-way.
The director shall adopt regulations controlling and further defining residential purposes and to otherwise implement the determinations to be made under this section. Such regulations shall, among other matters, specify that the owner of facilities that holds title to such facilities solely as a result of a leaseback, defined as the sale or transfer of property by a permittee to another person contemporaneously followed by the leasing of the property to the permittee on a long term basis, that are not operated or controlled by said lessee, and are operated or controlled by the permittee, are not considered to be using, occupying, owing or operating such facilities, for purposes of this chapter, solely as a result of such leaseback.
B. The following types of right-of-way permits are available:
1. General Right-of-Way Permit. Right-of-way permit granted to persons who desire and are granted authority to utilize rights-of-way generally for business purposes including the provision of utility, cable television, communications or other services to the city, its residents and taxpayers; and
2. Special Right-of-Way Permit. Right-of-way permit granted to a person for a specific, limited use of the rights-of-way or a specific portion thereof as further delineated in such permit. A special right-of-way permit shall not be available to any person for use of more than one (1) mile of right-of-way. Special right-of-way permits may be granted for any amount of right-of-way to agencies of the government of the United States, the state of Ohio, or its political subdivisions for governmental purposes.
3. Nothing in this chapter should be construed to preclude the city from requiring any person offering any natural gas, electric, cable television, communications or other utility services for which the city may lawfully require a service permit, to acquire a service permit upon the expiration of any right-of-way permit issued hereunder.
C. Any such right-of-way permit may also allow the use of specified public property for the uses set forth in the right-of-way permit and in this chapter.
D. Each right-of-way permit shall specify the use or uses for which it is granted and contain such other nondiscriminatory terms and conditions as are appropriate and as are set forth in the regulations.
E. Unless otherwise set forth herein, right-of-way permits or the rights of a permittee thereunder are not transferable without the prior express written approval of the director, upon written request. Such request shall contain evidence that the proposed transferee has the financial, technical and managerial resources to comply with the obligations of this chapter and its right-of-way permit and shall be granted if such transferee has such resources. In making said determination, a proposed transferee shall be presumed to possess the requisite, financial, technical and managerial resources if said transferee possesses a valid certification from the Public Utilities Commission of Ohio, including certification pursuant to R.C. 4933.81, et seq., for the services to be provided by the facilities subject to this chapter, unless otherwise shown by clear and convincing evidence. The director shall adopt regulations providing procedures for transfer of right-of-way permits that shall include provisions providing that (i) all requests for transfer shall be deemed approved if the director does not disapprove the same within thirty (30) days of receipt of the completed written transfer request, and (ii) transfer to affiliates under common ownership and control with the permittee shall not require approval, so long as the director is provided thirty (30) days’ written notice of such transfer.
F. There is hereby created a right-of-way board, consisting of the director and the directors of development and trade and utilities. The right-of-way board shall act by majority vote and each of its members may designate an alternate, in writing, to perform such member’s duties and obligations in such member’s absence. The director shall act as chair of the right-of-way board.
G. The director shall adopt regulations controlling and further defining residential purposes and to otherwise implement the determination to be made under this section. Such regulations shall, among other matters, specify (i) that the owner of facilities that holds title to such facilities solely as a result of a leaseback, defined as the sale or transfer of property by a permittee to another person contemporaneously followed by leasing of the property to the permittee on a long term basis, and are operated or controlled by the permittee, are not considered to be using, occupying, owing or operating such facilities, for purposes of this chapter, solely as a result of such leaseback. (Ord. 1589-98 § 1 (part).)

A. Applications for a general right-of-way permit by a holder of a service permit shall be filed in such form and in such manner as the regulations require. There shall be no application fee. Any person holding a valid service permit shall be granted a general right-of-way permit. Such general right-of-way permit shall be valid so long as the underlying service permit is valid and the applicable provisions of that service permit, the right-of-way permit and of this chapter are complied with; provided, however, that such right-of-way permit shall only relate to and entitle the permittee to utilize the rights-of-way, in accordance with this chapter, for purposes directly related to the provision of the specific services for which it has a service permit. Any other right-of-way use by such permittee shall require a separate or amended right-of-way permit issued pursuant to Section 910.04(B).
B. All other applications for general right-of-way permits, or amendments or renewals thereof, shall be filed in such form and in such manner as the regulations require, along with an application fee of one thousand dollars ($1,000.00). The director shall determine if the application is in order and shall, within forty-five (45) days of the receipt of a complete application, issue a written report regarding such application. The report shall recommend that the right-of-way board deny or grant the right-of-way permit, subject to any appropriate terms and conditions, in accordance with the criteria set forth in this chapter. The director’s report shall be served upon the applicant by mail along with a notice of when the right-of-way board will consider the same. The right-of-way board shall then consider such recommendation and make a final determination in writing, within thirty (30) days of the director’s report, as to whether or not such right-of-way permit should be granted and if so, upon what terms and conditions. The term of each such general right-of-way permit shall be for ten (10) years from issuance, or such lesser term as the applicant requests.
C. An application for a special right-of-way permit, or renewal thereof, shall be filed in such form and in such manner as the regulations require, along with an application fee of either (i) fifty dollars ($50.00) for a special right-of-way permit for residential purposes, or (ii) five hundred dollars ($500.00) for all others. If the director determines that the application is in order and that the criteria set forth in Section 910.05 have been met, and that the application should be granted, the director shall, within forty-five (45) days of a receipt of a completed application, conditionally grant or renew such a right-of-way permit subject to any appropriate terms and conditions or deny the same. The director’s conditional grant, renewal or denial shall be served upon the applicant by mail. Such conditional denial, grant or renewal shall become final unless modified or rejected by the right-of-way board within thirty (30) days of issuance by the director, or unless appealed pursuant to Section 910.04(E). The term of such special right-of-way permits shall be three (3) years from issuance, or such lesser term as the applicant requests. A special right-of-way permit for residential purposes may be granted for an indefinite term from issuance, but may be cancelled by the director with sixty (60) days written notice.
D. Any applicant may appeal the failure of the director to grant a right-of-way permit, or to recommend it to be granted upon terms and conditions acceptable to the applicant, to the right-of-way board. In order to perfect such appeal, the applicant shall file, within ten (10) days of the director’s determination or recommendation, or within sixty (60) days of the filing of the application if the director has taken no action, an appeal to the right-of-way board. The right-of-way board shall then review the matter and after affording the applicant an opportunity to be heard either in person or in writing render a final determination within thirty (30) days of the filing of the appeal, unless such period is waived by the applicant. Except to the extent otherwise appealable by law, the right-of-way board’s decision shall be final.
E. Any right-of-way permittee shall, within thirty (30) days of the granting or renewal of any right-of-way permit hereunder, if and as applicable, pay a pro rata portion of the fees required by section 910.07(B) or (C); provided, however, that should the permittee appeal, and during the pendency thereof the permittee does not use or occupy any right-of-way, the permittee shall not be required to pay such pro rata portion of said fees until such appeal has been finally determined. (Ord. 1589-98 § 1 (part).)

A. A general right-of-way permit shall be granted to any applicant holding a valid service permit.
B. Except as provided in Section 910.05(A) and (C), a general or a special right-of-way permit shall be granted to an applicant upon a determination that:
1. The granting of the right-of-way permit will contribute to the public health, safety or welfare in the city;
2. The granting of the right-of-way permit will be consistent with the policy of the city as set forth in Section 910.02(E); and
3. The applicant is not delinquent on any taxes or other obligations to the city or Franklin County and has the requisite financial, managerial and technical ability to fulfill all its obligations hereunder.
C. A special right-of-way permit for residential purposes not exempted pursuant to Section 910.03(A) shall be granted at the director’s discretion if the director finds that granting such permit will not be inconsistent with the policy of the city set forth in Section 910.02(D).
D. The director or the right-of-way board may impose such lawful conditions on the granting of a permit as reasonably required to be consistent with the criteria set forth in this Section 910.05 and to promote the policy of the city set forth in Section 910.02(D). (Ord. 1589-98 § 1 (part).)

A. In addition to the other requirements set forth herein and in the regulations each permittee, except a special right-of-way permittee for residential purposes, shall:
1. Use its best efforts to cooperate with other permittees and the city for the best, most efficient, most aesthetic and least obtrusive use of rights-of-way, consistent with safety, and to minimize traffic and other disruptions including street cuts;
2. Participate in such joint planning, construction and advance notification of right-of-way work, excepting such work performed in an emergency provided the permittee uses its best efforts to contact the city at the earliest possible time after beginning any such emergency work requiring excavation or other interference with the flow of traffic, as may be required by Chapter 903 and this chapter and as may be more specifically set forth in regulations promulgated pursuant to this chapter, and provided further, that mandatory joint planning shall not (i) commence prior to January 1, 1999, or (ii) require the exchange or provision of trade secrets or competitively sensitive materials or information;
3. Reasonably cooperate with other permittees in utilization of, construction in and occupancy of private rights-of-way within the city, but only to the extent the same is consistent with the grant thereof, is not additionally burdensome to any property owner or unreasonably burdensome to the permittee; provided, however, that nothing in this paragraph shall be construed to require expenditure of funds or rearrangement of facilities by a permittee without fair compensation;
4. Upon reasonable written notice of not less than sixty (60) days, except in an emergency threatening the public health, safety or welfare, and at the direction of the director, and at the permittee’s sole cost, promptly remove or rearrange facilities as necessary, as further specified in the regulations (i) during any construction, repair or modification of any street, sidewalk, city utility (except for the nonstreet lighting facilities of the division of electricity) or other public improvement, (ii) as part of the director’s determination, to the extent permitted by Ohio law, that designated portions of its rights-of-way should accommodate only underground facilities or that facilities should occupy only one side of a street or other public way, provided that such determination is reasonable and a part of an overall improvement or beautification plan or project, (iii) if an additional or subsequent city or other public use of rights-of-way is inconsistent with the then current uses of such permittee, (iv) or for any other reasonable cause as determined by the director pursuant to Section 910.14(B);
5. Provide maps and other information relating to a permittee’s facilities and operations within the rights-of-way and compliance with this chapter in such form, including, for general right-of-way permittees, digital or other form compatible with any city geographic information system; provided, however, that such maps or information for facilities in place as of January 1, 1999 shall not be required to be in digital form prior to January 1, 2002, and at such times, no less than annually, as the regulations require. Said maps and information shall, at a minimum, locate, describe and identify all uses of, and structures and facilities of such permittee in, the rights-of-way;
6. Perform all work, construction, maintenance or removal of structures and facilities within the right-of-way, including tree trimming, in accordance with good engineering and construction practice including any appropriate safety codes and in accordance with the regulations and use its best efforts to repair and replace any street, curb or other portion of the right-of-way, or facilities or structure located therein, to a condition to be determined by the director to be adequate under current standards and not less than materially equivalent to its condition prior to such work and to do so in a manner which minimizes any inconvenience to the public, the city and other permittees, all in accordance with the regulations adopted hereunder or under Chapter 903;
7. Register, or cause to be registered, its facilities with underground reporting services as set forth in the regulations;
8. Use its best efforts to cooperate with the city in any emergencies involving the rights-of-way in such manner as the regulations shall require including the maintenance of a twenty-four (24) hour emergency contact;
9. Unless otherwise set forth in a right-of-way permit, or without director’s prior written approval, if the permittee has elected to pay fee under this chapter pursuant to Section 910.07(B)(1)(ii), refrain from entering into leases or other “wholesale” type agreements with affiliates for the use of such permittee’s facilities located within the rights-of-way. Any such lease or agreement shall be filed with the director for the director’s approval in such manner as the regulations require;
10. Field identify, using distinct identification, all structures and facilities in areas of the rights-of-way designated for construction or related activities in accordance with the regulations, provided that the regulations shall require that the field identifications utilize, to the greatest extent possible, customary industry standards for such identification; and
11. Designate a single point of contact for all purposes hereunder, as well as comply with such other contact and notice protocols as the regulations require.
B. Each permittee shall assure that any subcontractor or other person performing any work or service in the right-of-way on behalf of said permittee will comply with all applicable provisions of this chapter and its right-of-way permit and will identify the permittee for whom such contractor is working. Said permittee shall be responsible and liable hereunder for all actions of any such subcontractor or others as if said permittee had performed or failed to perform any such obligation. (Ord. 1589-98 § 1 (part).)

A. Except for any fees charged pursuant to Chapter 903, general right-of-way permittees who have a service permit shall not be liable for any additional right-of-way permit fees over and above any service permit fees specified in its service permit for uses of rights-of-way directly related to the uses for which such permittee holds its service permit, so long as the amount of such fees due in each quarter is equal to or greater than the amounts otherwise due the city pursuant to Section 910.07(B). If the amount due under Section 910.07(B) is more than said service permit fees, then the permittee shall receive a credit in each quarter against such amount for all such fees paid in such quarter, and shall pay the balance to the city as set forth in Section 910.07(E).
B. (1) In addition to any fees charged pursuant to Chapter 903, all general right-of-way permittees, shall pay an annual fee, for each calendar year, based upon either (i) the miles of right-of-way which the permittee occupies or desires to occupy in said calendar year as follows:

or, (ii) seventy-five one hundredths (.75) percent of that permittee’s gross revenues for the prior calendar year.
(2) For permittees electing option (i), quarterly payments shall be made on or before March 31, June 30, September 30 and December 31 of the calendar year.
(3) For permittees electing option (ii), estimated quarterly payments shall be made on or before the same dates as in Section 910.07(B)(2), based upon the gross revenues for the corresponding quarter for the prior calendar year. The final payment each year shall be accompanied by a statement of an independent certified public accountant attesting to the reasonableness of the methodology used for the estimation of the gross revenues upon which the payment was based.
(4) Each permittee shall, at its sole option, at the time its first payment is due hereunder for its initial permit, and thereafter for each renewal, elect in writing one of the fee options contained in Section 910.07(B)(1)(i) and (ii). Such election shall not be changed for the balance of the term of said permittee’s permit.
C. In addition to any fees charged pursuant to Chapter 903, special right-of-way permittees shall pay an annual fee of two dollars ($2.00) per lineal foot of right-of-way used or occupied, but not less than one thousand dollars ($1,000.00). This fee shall be waived for all special right-of-way permits for residential purposes and may be waived by the director for special right-of-way permittees that are agencies of the government of the United States, the State of Ohio, or its political subdivisions. Such fee shall be paid in advance for each calendar year prior to January 31 of such year.
D. Further specification regarding the determination and calculation of the fees set forth in Sections 910.07(B) and (C) may be set forth in the regulations.
E. All fees pursuant to this chapter shall be paid by check, money order or wire transfer to the city treasurer as the regulations require.
F. Each general right-of-way permittee shall maintain books, records, maps, documents and other evidence directly pertinent to its calculation of payments to the city. The director, the city auditor or either’s designated agents shall have reasonable access to any books, records, maps, documents and other evidence for inspection, copying and audit to the extent necessary to assure that the payments hereunder are accurate and that all right-of-way permittees fully comply with the provisions of this chapter and their respective right-of-way permits.
G. The fees and minimums specified in Sections 910.04(B) and (C) and 910.07(B) and (C) may be modified or adjusted by regulation effective on or after January 1, 2000; provided, however, that (i) such fees remain reasonable and nondiscriminatory, (ii) that the total revenues to the city generated by such fees represent a reasonable allocation of right-of-way related costs, and (iii) any increase in such fees and minimums is no greater than a cumulative four (4) percent per year annual increase since 1999, or the year of the last such increase, whichever is later; and provided further, however, that any such cumulative increase shall not be greater than twelve (12) percent. (Ord. 1589-98 § 1 (part).)

In order to promote the purposes of this chapter and the policy set forth herein, the director shall adopt regulations requiring and governing joint planning and construction for all right-of-way permittees except for special right-of-way permittees for residential purposes. Such regulations shall not, however, require a permittee to divulge trade secrets or other competitively sensitive confidential information release of which would cause material injury to the permittee. Such regulations shall also require any confidential information of a permittee in the possession of the city be treated as such, to the extent determined legally appropriate by the city attorney. (Ord. 1589-98 § 1 (part).)

Except for traffic control facilities and facilities in place as of the effective date of this chapter, facilities that are the subject of other agreements between the city and a permittee, or as otherwise provided by law, the city shall not install or maintain upon any poles and within any underground pipes or conduits or other facilities of any general or special right-of-way permittee, any facilities desired by the city for the city’s use without the consent of such permittee unless: (i) such installation and maintenance is lawful and consistent with good engineering and construction practice and all appropriate safety codes, (ii) such installation and maintenance does not unreasonably and materially interfere with existing and future operations of the permittee, (iii) such installation and maintenance is not unduly burdensome to such permittee, (iv) the city enters into an agreement with the permittee which specifies other appropriate and reasonable terms and conditions, including compensation, governing the use of permittee’s facilities, and (v) the city’s use is nondiscriminatory. Each permittee shall cooperate with the city in the development of a facility use agreement for such city facilities. Each permittee shall cooperate with the city in planning and designing its facilities so as to accommodate the city’s reasonably disclosed requirements in this regard. Copies of all agreements hereunder shall be filed with the director. (Ord. 1589-98 § 1 (part).)

A. In accordance with the provisions of Section 910.10(C), the director may promulgate regulations, as the director deems appropriate from time to time, to carry out the express purposes and intent of this chapter, including regulations governing the procedures of the right-of-way board.
B. Such regulations shall not materially increase the obligations of any permittee hereunder. In promulgating such regulations, including those related to Section 910.06(A), the director shall, among other appropriate factors, consider the costs of permittee compliance as an important factor in determining the appropriateness of the regulations.
C. The director shall promulgate proposed regulations by filing the same with the clerk of council for publication in the city bulletin pursuant to Section 121.05. Each general right-of-way permittee shall be served with a copy of the proposed regulations by regular U.S. mail; provided, however, that any failure of any permittee to actually receive such notice shall not in any way affect the validity or enforceability of such regulation. Any person, including any permittee, may file specific written comments or objections on the proposed regulations within a thirty (30) day period after such publication (hereinafter “comment period”). The proposed regulations shall become effective thirty (30) days after the end of the comment period (or such longer period as determined by council), unless such regulation is modified or rejected by council.
D. The mayor may adopt emergency regulations to be immediately effective, when the mayor determines the same to be appropriate or required by the public health, safety or welfare; provided, however, that any such regulation shall nonetheless be subject to the comment and review process as set forth in Section 910.10(B). (Ord. 1589-98 § 1 (part).)

A. Except for special right-of-way permittees for residential purposes, each permittee shall, as a condition of its right-of-way permit, indemnify, protect and hold harmless the city from any claim, loss or damage arising in any way from permittee’s occupation or use of the right-of-way, including but not limited to the construction, operation or maintenance of permittee’s facilities, and from any such permittee’s negligent or wrongful act or omission excluding, however, claims arising from the city’s sole negligence or wilful misconduct.
B. Except for special right-of-way permittees for residential purposes, each permittee, as a condition of its permit, shall keep in force a policy or policies of liability insurance, having such terms and in such amounts as are set forth in the regulations, covering its facilities and operations pursuant to its right-of-way permit. The city shall be named as an additional insured on such policy.
C. Such regulations shall provide that upon the written application of a permittee and approval of the director, city attorney and city auditor, which approval shall not be unreasonably withheld, permittees who maintain a net book value in excess of ten million dollars ($10,000,000.00) may self-insure in lieu of providing policies of insurance. (Ord. 1589-98 § 1 (part).)

A. Except for special right-of-way permittees for residential purposes when the permit so allows, any right-of-way permittee that intends to discontinue use of and abandon any facilities within the rights-of-way shall submit a written notice to the director describing the portion of the facilities to be discontinued and abandoned, any plan for securing the same and the proposed date of abandonment, which date shall not be less than sixty (60) days from the date such notice is submitted to the director. A permittee shall not abandon such facilities without such notice. The permittee shall remove or secure such facilities if and as required by the written order of the director so long as such order is issued no more than sixty (60) days from the date said notice is submitted to the director.
B. Should any permittee fail, after notice, to remove or rearrange facilities at the director’s request as specified in Section 910.06(A)(4) or comply with the director’s order pursuant to Section 910.12(A), the city may, at its option and in addition to the imposition of any penalties or other remedies hereunder, undertake or cause to be undertaken, any reasonable action necessary to remove, secure, or rearrange the facilities. The city shall have no liability for any damage caused by such action and the permittee shall be liable to the city for all reasonable costs incurred by the city in such action. (Ord. 1589-98 § 1 (part).)

A. In addition to any other rights set out in this chapter, the city reserves the right to revoke, in accordance with the procedures set forth in 910.13(B), any right-of-way permit in the event such permittee violates any material provision of this chapter or its right-of-way permit.
B. The director shall give a permittee thirty (30) days prior written notice of an intent to revoke said permittee’s right-of-way permit. Such notice shall state the reasons for such action. If the permittee cures the violation or other cause within the thirty (30) day notice period, or if the permittee initiates efforts satisfactory to the director to remedy the stated violation, the director may rescind said notice of revocation. If the permittee does not cure the stated violation or other cause or undertake efforts satisfactory to the director to remedy the stated violation the director may recommend said permit be revoked. After granting the permittee an opportunity to be heard in person or in writing, the right-of-way board may revoke the right-of-way permit. Unless otherwise required by law, the decision of the right-of-way board shall be final.
C. Unless otherwise permitted by the director or required by law, if a right-of-way permit is revoked, all facilities located in the rights-of-way or located upon public property pursuant to such permit shall be removed at the sole expense of the permittee. (Ord. 1589-98 § 1 (part).)

A. Nothing in this chapter should be construed so as to grant any right or interest in any right-of-way or public property other than that explicitly set forth herein or in a permit.
B. Nothing in this chapter shall be construed to prevent the city from constructing, maintaining, repairing or relocating any nonproprietary city utility, including street lighting, communications or like facilities; grading, paving, maintaining, repairing, relocating or altering any street, public property or right-of-way; or constructing, maintaining, relocating, or repairing any sidewalk or other public work or improvement. To the extent that such work requires temporary or permanent relocation or rearrangement of any facilities or structures of any permittee, such relocating or rearrangement shall be accomplished at the sole cost of the permittee in such time and in such manner as set forth in the regulations. (Ord. 1589-98 § 1 (part).)

In the event it is necessary to move or remove temporarily any of the permittee’s wires, cables, poles, or other facilities placed pursuant to this chapter, in order to lawfully move a large object, vehicle, building or other structure over the streets of the city, upon two (2) weeks written notice by the director to the permittee, the permittee shall, at the expense of the person requesting the temporary removal of such facilities, comply with director’s request; provided that the permittee’s expense has been reasonably secured by the person so requesting. (Ord. 1589-98 § 1 (part).)

Upon the filing of any voluntary or involuntary petition under the Bankruptcy Act by or against the permittee, or any action for foreclosure or other judicial sale of the permittee’s facilities located within the right-of-way, the permittee shall promptly notify the director of such fact. (Ord. 1589-98 § 1 (part).)

The permittee shall not be relieved of its obligation to comply with any of the provisions of its right-of-way permit or this chapter by reason of any failure of the city or to enforce prompt compliance. (Ord. 1589-98 § 1 (part).)

The captions and headings in this chapter are for convenience and reference purposes only and shall not affect in any way the meaning of interpretation of this chapter. (Ord. 1589-98 § 1 (part).)

If any section, subsection, clause or provision or any part thereof of this chapter shall be finally adjudicated by a court of competent jurisdiction to be invalid, the remainder shall be unaffected by such adjudication and all the remaining provisions shall remain in full force and effect. (Ord. 1589-98 § 1 (part).)

A. In addition to any other penalties set forth in this chapter, and the remedy of specific performance which may be enforced in a court of competent jurisdiction, the following penalties shall apply.
1. Any person or permittee violating Sections 910.03(A) or 910.12(A), or failing to pay when due any forfeiture imposed pursuant to 910.99(A)(2), shall be guilty of a misdemeanor of the fourth (4th) degree. Each day such violation continues shall be deemed a separate offense.
2. For failure to comply with any other provision of this chapter, the penalty shall be a civil forfeiture, payable to the city, in the amount of five hundred dollars ($500.00) per day for each day of violation. In addition, for failure to timely comply with a notice by the director to remove or rearrange facilities pursuant to Section 910.06(A)(4), an additional civil forfeiture equal to any costs incurred by the city as a result of such failure, including but not limited to any penalties or liquidated damages charged the city by its contractors occasioned thereby, shall be imposed.
B. Any permittee may be excused for violations of this chapter and its right-of-way permit due to force majeure. (Ord. 1589-98 § 1 (part).)