59-16 Enact Ch 904 Use of Public Right of Way by Service Providers

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consent to Occupy or Use the Public Right -of -Way within sixty (60) days of the date on which the Person filed the application with the City. (A) The City may withhold, deny or delay its consent to a Person's ap- plication to Occupy or Use the Public Right -of -Way based on the Person's failure to possess the financial, technical or managerial resources necessary to protect the public health, safety and welfare, or for other reasons based on the health, safety and welfare of the City and in accordance with Ohio law. (B) If the City denies a Person's application to Occupy or Use the Pub- lic Right -of -Way, the City shall provide in writing its reasons for denying the application, and shall provide any information that the Person may reasonably request as necessary for the Person to ob- tain the City's consent to Occupy or Use the Public Right -of -Way. (4) The City's grant of consent for a Person to Occupy or Use the Public Right -of -Way shall be in the form of a Right -of -Way Occupancy Cer- tificate which shall set forth the specific terms of the City's consent for such Person to Occupy or Use the Public Right -of -Way. (5) Each Person submitting an application for Consent to Occupy or Use the Public Right -of -Way shall reimburse the City for its administrative costs related to the application, which reimbursement may be in the form of an application fee or as provided in Section 904.08, as may be determined by the City. (d) Application to Existing Franchise Ordinances and Agreements. For pur- poses of this chapter, a franchise ordinance, franchise agreement or Video Service Authorization (VSA) shall be deemed consent authorizing the fran- chisee's Occupancy or Use of the Public Right -of -Way to the extent de- scribed in the franchise agreement, ordinance or VSA. The franchisee's or Cable Operator's use of the Public Right -of -Way beyond that authorized by the franchise agreement or VSA shall require additional consent for such additional Occupancy or Use. Franchisees shall comply with the Registra- tion provisions and Construction Standards to the extent that the provisions of this chapter do not directly conflict with the franchise agreement or VSA. If there is a direct conflict between the franchise agreement, ordinance, or VSA, and the provisions of this chapter, the franchise agreement or ordi- nance or VSA, all control. (e) Service Provider Insurance. As a condition of the consent to Occupy or Use the Public Right -of -Way, a Service Provider must secure and maintain, at a minimum, the following liability insurance policies insuring both the Ser- vice Provider and the City, and its elected and appointed officers, officials, agents, employees, contractors, and representatives as additional insureds: (1) Comprehensive general liability insurance with limits not less than (A) Five Million Dollars ($5,000,000) for bodily injury or death to each Person; (B) Five Million Dollars ($5,000,000) for property damage resulting from any one accident; and (C) Five Million Dollars ($5,000,000) for all other types of liability. 102299394 - 11