2007-124 Ordinance - Laserfiche WebLink

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Occupy or Use the Right-of-Way. (5) Evidence that the applicant or Service Provider has complied, or will comply, with the Indemnification, Insurance and Performance Bond requirements of this Chapter. (6) Information sufficient to detertnine that the applicant or Service Provider has received any certificate of authority required by the PUCO, FCC ar other applicable State or Federal Agency to operate a System and provide Services in the City. (7) Written acknowledgement of receipt of a copy of this Chapter. (8) Such other information as the City Engineer may reasonably require relevant to the Service Provider's or Contractor's Use or intended Use of the Right-of-Way. (e) City Consent or Denial for Occupancy or Use of the Right-of-Wav. (1) The City Engineer shall grant or deny, in writing, a Person's application for consent to Occupy or Use the Right-of-Way within sixty (60) days of the date on which the Person filed the application with the City Engineer. (A) The City Engineer may withhold, deny or delay its consent to a Person's application to Occupy or Use the Right-of-Way based on the Person's failure to possess the financial, technical and 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 Engineer denies a Person's application to Occupy or Use the Right-of-Way, the City Engineer shall provide the reasons in writing for denying the application, and shall provide any information reasonably requested by that Person necessary to obtain the City's consent to Occupy or Use the Right-of-Way. (2) The City Engineer's grant of consent for a Person to Occupy or Use the Right-of-Way shall be in the form of a Right-of-Way Occupancy Certificate which shall set forth the specific terms of the City's consent for such Person to Occupy or Use the Right-of-Way. (f) Application to Existing Franchise or Agreement. For purposes of this Chapter, an effective Franchise or Agreement with the City shall be deemed consent authorizing the Occupancy or Use of the Right-of-Way to the extent described in the Franchise or Agreement. Any Occupancy or Use of the Right-of-Way beyond that authorized by the Franchise or Agreement shall require additional consent for such additional Occupancy or Use. Service Providers shall comply with all other provisions of this Chapter except if there is a direct conflict hetween a specific provision in the Franchise or Agreement and the provisions of this Chapter, the Franchise or Agreement shall control. 902.03 ANNLIAL REGISTRATION REQUIRED. (a) Annual Registration Required. All Service Providers and Contractors with consent to Occupy or Use the Right-of-Way as provided in Section 902.02 shall register with the City each calendar year between January 1 and January 31 on a form provided by the City Engineer. 9 5 12729-1