Code of Ordinances Amendment - Title 11 Regulations on Nonfranchised Comm in ROW Copyrighted
August 21, 2017
City of Dubuque Action Items # 4.
ITEM TITLE: Code of Ordinances Amendment- Title 11 Regulations on
Nonfranchised Communications Systems in the Public
Right-Of-Way
SUMMARY: City Manager recommending approval of a revision to the
City of Dubuque Code of Ordinances Title 11 Rights-of-
Way, Chapter 1 Nonfranchised Communications System.
ORDINANCE Amending City of Dubuque Code of
Ordinances Title 11 Rights-of-Way, Chapter 1
Nonfranchised Communications Systems
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion
A
ATTACHMENTS:
Description Type
Revisions to Regulations on Nonfranchised
Communications Systems in Public Right-of-Way - City Manager Memo
MVM Memo
Staff Memo Staff Memo
Title 11 ROW Chapter 1 Nonfranchised Ordinance
Communications System 081417
Suggested Motion Wording Supporting Documentation
THE CITYOFDubuque
DtUBE All-AmericaCity
Masterpiece on the Mississippi 1111 11
2009.2012.2013•2019
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Proposed Revisions to Regulations on Nonfranchised Communications
Systems in the Public Right-of-Way
DATE: August 16, 2017
Information Services Manager Chris Kohlmann, Traffic Engineer Dave Ness, Senior
Counsel Barry A. Lindahl and Greater Dubuque Development Corporation Sustainable
Innovations Consultant David Lyons recommend City Council approval of a revision to
the City of Dubuque Code of Ordinances Title 11 Rights of Way Chapter 1
Nonfranchised Communications System. Examples of the changes being made
include:
• Definitions have been updated to be more comprehensive and reflect current
technology and regulation.
• Given the pace of change communication licenses will have a ten-year term.
• Certain time requirements for carriers to act have been reduced, although they
may request extensions for extenuating circumstances.
• The authority is established for setting an annual fee for "reasonable
management costs", although this will not be implemented until further
clarification from pending court cases. In the meantime, it allows City and a
carrier to agree on costs in a specific license agreement.
• Regulations are streamlined and costs reduced for carriers who have master
service agreements or master licensing agreements with the City.
The revision to the City of Dubuque Code of Ordinances Title 11 Rights of Way Chapter
1 Nonfranchised Communications System regulations represent one portion of a
comprehensive strategy to improve the connectivity of Dubuque through new
broadband and telephony investments.
It is estimated that there will be no negative budgetary impacts from the implementation
of these revised regulations. If implemented as designed and as part of a
comprehensive initiative to reduce the costs and time needed for private sector
investment in Dubuque, the regulations should have a positive impact on future
revenues through increased revenue and cost-sharing opportunities for the City.
I concur with the recommendation and respectfully request Mayor and City Council
approval. J
1 r �1L�1#'L y ttrt�A&Znt.-
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Barry Lindahl, Senior Counsel
Teri Goodmann, Assistant City Manager
Chris Kohlmann, Information Services Manager
Dave Ness, Traffic Engineer
David Lyons, Greater Dubuque Development Sustainable Innovations Consultant
2
THE CITY ODubuque
DUBi&E AII-America City
1
Masterpiece on the Mississippi 111 1.1
2007•2012•2013•2017
TO: Michael C. Van Milligen, City Manager
FROM: Chris Kohlmann, IS Manager— City of Dubuque
Dave Ness, Traffic Engineer— City of Dubuque
David Lyons, Sustainable Innovations Consultant — Greater Dubuque
Development Corporation
SUBJECT: Proposed Revisions to Regulations on Nonfranchised Communications
Systems In The Public Right-Of-Way.
DATE: August 15, 2017
INTRODUCTION
As a smaller metropolitan area, Dubuque faces significant challenges to continue to
grow its economy and community. "Connectivity" plays a key role in decision-making by
families and companies when deciding where to locate. In this new "work from
anywhere, connect from everywhere" society they want to locate where there is globally
competitive broadband and telephony services. It has become the 'At" Utility". Just as it
is no surprise that companies and families won't locate where there is no access to
electricity, gas or water, the same is now true for broadband fiber and mobile telephony.
BACKGROUND
The perception of these services provided to us by citizens and industry is that Dubuque
must improve its connectivity if it wants to be competitive with leading communities
across the region and world. That work has already begun as part of a comprehensive
broadband acceleration initiative which has at its core a very simple but important focus
....to reduce the cost and time needed for new technology and broadband investment in
Dubuque. Working primarily through public/private collaborations, we have seen solid
progress over the last 18 months. We have seen significant new investments with
partners like Wisconsin Independent Network and CS Technologies. We have seen
cost saving opportunities with partners like Unite Private Network and AT&T. We have
seen the opportunities for enhancing existing services through collaborations with
CenturyLink and Mediacom. And we have implemented innovative new tools like
Master Licensing Agreements and Master Shared Service Agreements.
Part of this comprehensive approach was to also undertake a review and revision of all
City communication regulations. The goal was to not only update our regulations to
recognize changing technologies, but to assure that we were only keeping those
regulations that were still needed and that those we did keep would form the basis for a
reasonable, flexible, timely and easy to use process for industry partners.
DISCUSSION
Attached is a proposed ordinance amending City of Dubuque Code of Ordinances Titler
11 Rights of Way, Chapter 1 Nonfranchised Cmmunications Systems. An initial draft
ordinance resulted from a four-month City staff and City Attorney review, assisted by
Greater Dubuque Development Corporation. That initial draft was shared and
discussed with industry representatives and experts and several significant changes
were made to the initial draft. The ordinance also includes any updating required by
recent changes in state and federal law.
Examples of changes made by the proposed ordinance include, but are not limited to,
the following:
• Definitions have been updated to be more comprehensive and reflect current
technology and regulation.
• Given the pace of change communication, licenses will have a ten-year term.
• Certain time requirements for carriers to act have been reduced, although they
may request extensions for extenuating circumstances.
• The authority is established for setting an annual fee for "reasonable management
costs", although this will not be implemented until further clarification from pending
court cases. In the meantime, it allows City and a carrier to agree on costs in a
specific license agreement.
• Regulations are streamlined and costs reduced for carriers who have master
service agreements or master licensing agreements with the City.
BUDGETIMPACT
We estimate that there will be no negative budgetary impacts from the implementation
of these revised regulations. If implemented as designed and as part of a
comprehensive initiative to reduce the costs and time needed for private sector
investment in Dubuque, the regulations should have a positive impact on future
revenues through increased revenue and cost-sharing opportunities for the City.
RECOMMENDATION AND ACTION REQUESTED
The attached ordinance City of Dubuque Code of Ordinances Titler 11 Rights of Way,
Chapter 1 Nonfranchised Cmmunications Systems represent one portion of a
comprehensive strategy to improve the connectivity of Dubuque through new
broadband and telephony investments. We would respectfully request your approval
and would ask that you forward this proposed ordinance to the Dubuque City Council
and recommend its approval.
2
c.c. Crenna Brumwell, City Attorney
Barry Lindahl, Senior Counsel
Jane Smith, City Engineering
3
Prepared by Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113
ORDINANCE NO. 39-17
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 11 RIGHTS OF WAY
CHAPTER 1 NONFRANCHISED COMMUNICATIONS SYSTEMS
Section 1. City of Dubuque Code of Ordinances Title 11 Rights of Way, Chapter
1 Nonfranchised Communications Systems is hereby amended to read as follows:
Chapter 1
NONFRANCHISED COMMUNICATIONS SYSTEMS IN THE PUBLIC RIGHT-OF-WAY
11-1-1: DEFINITIONS:
11-1-2: LICENSE REQUIRED:
11-1-3: APPLICATION FOR LICENSE:
11-1-4: GRANTING OF LICENSE:
11-1-5: AMENDMENT TO LICENSE:
11-1-6: REGULATIONS:
11-1-7: RELOCATION OR REMOVAL WHEN REQUIRED BY PUBLIC NEEDS:
11-1-8: MANAGEMENT FEES:
11-1-9: HOLD HARMLESS; INSURANCE: BOND:
11-1-10: FAILURE TO SECURE. RENEW OR COMPLY WITH LICENSE:
11-1-11: TRANSFERS AND ASSIGNMENTS:
11-1-12: UNDERGROUNDING:
11-1-13: NOTICE:
11-1-14: CONSTRUCTION OF CHAPTER:
11-1-15: POLICE REGULATIONS:
11-1-1: DEFINITIONS:
I Ininess otherwise expressly stated or the context dearly indicates a different intention, the
following terms, for the purpose of this chapter, have the meanings in this section:
COMMUNICATIONS SYSTEM: A facility and any related equipment, used for furnishing
communications services to the public for compensation, not including a franchised cable
television system.
MANAGEMENT COSTS: The reasonable costs the city actually incurs in managing public
rights-of-way.
PUBLIC RIGHT-OF-WAY: the area on, below, or above a public roadway, highway,
street, bridge, cartway, bicycle lane, or public sidewalk in which the local government has
an interest, including other dedicated rights-of-way for travel purposes and utility
easements. A public right-of-way does not include the airwaves above a public right-of-
081417baI
way with regard to cellular or other nonwire telecommunications or broadcasts service or
utility poles owned by the city.
11-1-2: LICENSE REQUIRED:
A. Requirement: No person may install, construct, reconstruct, repair or operate a
communications system upon, under, over or within any public right of way in the city
unless and until a written license is obtained pursuant to this chapter. All such licenses
are nonexclusive.
B. Exemption: A communications systems licensed by the city on the effective date of
this ordinance is not subject to the licensing requirement of this ordinance until such
time as the communications system's license expires but is subject to all of the
provisions of this ordinance.
11-1-3: APPLICATION FOR LICENSE:
The application for a license must be on a form provided by the city manager and must
include the following information:
A. The name, address, email address, and telephone number of the applicant.
B. The name, address, email address, and telephone number of a responsible person
whom the city may notify or contact at any time concerning the communications
system.
C. An engineering site plan showing the proposed location of the communications
system, including any manholes or overhead poles, the size, type and proposed depth
of any conduit or other enclosures, and the relationship of the communications system
to all existing streets, sidewalks, poles, utilities and other improvements within the
public right of way.
D. Any additional information which the city manager may reasonably require.
11-1-4: GRANTING OF LICENSE:
The city manager will review each application and will grant each license which the city
manager determines to be in compliance with the requirements of this chapter and any
other applicable legal requirements. In granting a license, the city manager may require
that the applicant change the proposed location of the communications system where
necessary to avoid interference with other cables, wires, conduits, pipes, sewers or other
facilities placed within the public right of way. The duration of the license is for a period of
ten (10) years from the date of the issuance of the license.
2
11-1-5: AMENDMENT TO LICENSE:
In the event that a licensee with a current license proposes to expand or relocate any
portion of its communications system within public rights of way, the licensee must file
with the city engineer a notice of intent to expand or relocate its communications system.
The notice must include relevant new information of the type required in connection with
the initial application for a license. If the city engineer determines that the expansion or
relocation is a material change in the communications system, the city engineer must
notify the licensee in writing within ten days after receipt of such notice from the licensee
that the notice will be considered and granted by the city manager in the same manner
as an original license application.
11-1-6: REGULATIONS:
A. Fee And Application: No license required under this chapter will be granted for any
communications system until the required fees have been paid, and until a complete
application has been filed with and approved by the city manager.
B. Installation Of System Pursuant To License: The communications system must be
installed or constructed in accordance with the terms of the license granted by the city
manager.
C. As Built Survey Specifying Location Of System: Once the system is in place, the
licensee must file with the city manager an as built survey specifying the actual
location of the system, including, but not limited to, any manholes, overhead poles, or
other equipment and the licensee must provide such signs or other economically
feasible means of locating the system as may be reasonably required by the city
manager, including, in the case of underground systems, a requirement that the
licensee contract with a one call locating service or similar locating service for
inclusion of the system by the service.
D. Permit to Work in the Public Right of Way: If it becomes necessary to dig into, excavate
in or in any manner break up any public right of way in connection with the installation,
construction, reconstruction, repair, operation, disconnection or removal of the
system, the licensee must first obtain a permit from the city to do so.
E. Technical Standards: All technical standards governing installation, construction,
reconstruction, repair, operation, disconnection and removal of a communications
system licensed hereunder must be in accordance with all applicable federal
communications commission rules and other federal, state and city laws and
regulations.
F. System Maintained In Good Condition And Repair: The licensee must maintain all
parts of the system in good condition, order and repair.
3
G. Responsibilities To Franchised Utilities Or Systems: The licensee is responsible for
repairing or reimbursing other licensed or franchised utilities or communications
systems for any damage to their property caused by the negligence of the licensee,
or its agents, employees or contractors, in connection with the installation,
construction, reconstruction, repair, operation, disconnection or removal of the
licensee's communications system.
H. Location Restriction, Public Use Space: No license required under this chapter will be
granted to authorize placement of a communications system in any space which is
required for public use.
I. Failure To Comply: Failure by the licensee to comply with any of the requirements of
the license or this chapter will constitute grounds for termination of the license by the
city.
11-1-7: RELOCATION OR REMOVAL WHEN REQUIRED BY PUBLIC NEEDS:
A. Public Improvements: The licensee must, upon thirty (30) days' written notice from the
city and at no cost to the city, protect, support, or temporarily or permanently
disconnect, relocate within the same or other public right of way, or remove any or all
of its communications system when required to do so by the city because of street or
other public excavation, construction, repair, grading or regrading; traffic conditions;
installation of sewers, drains, water pipes, or city owned power or signal lines; vacation
or relocation of public rights of way; installation or construction of any other type of
structure by the city or any other public agency; or any other type of improvement
which promotes the public health, safety or welfare.
B. Emergency Situation: If, at any time, in case of fire or disaster in the city, it becomes
necessary in the reasonable judgment of the city manager to cut or secure any of the
wires, cables, amplifiers, appliances, or appurtenances thereto of the licensee, such
cutting or removing may be done and any repairs rendered necessary thereby must
be made by the licensee, at its sole expense.
C. Moving Of Buildings: The licensee must, at the request of any person holding a
building moving permit, temporarily remove, raise, or lower its wires to permit the
moving of said building, provided the licensee has been given not less than ten (10)
working days' notice of such move. The reasonable cost of such temporary removal,
raising, or lowering of wires must be paid by the person requesting the same, and the
licensee must have the authority to require such payment in advance.
11-1-8: FEE FOR MANAGEMENT COSTS:
A. Fees Established; Computation: It is a term and condition of any license issued
pursuant to this chapter that, as part of the consideration supporting the issuance of
such license and the city's permission thereby to occupy and use the public rights of
way of the city, the licensee must pay to the city an annual fee for management costs
4
as established by the city manager which is due and payable at the time of filing of the
initial license application.
B. Systems Exempt From Fee for Management Costs: The following communications
systems are exempt from the fee for management costs requirements:
1. Communications systems which pay to the city a franchise fee.
2. Cable television systems
3. Communications systems exempt from payment of the fee for management costs
by agreement with the city.
C. Fee Payments Subject To Audit: The acceptance of any fee payment by the city may
not be construed as an acknowledgment that the amount paid is the correct amount
due, nor may such acceptance of payment be construed as a release of any claim
which the city may have for additional sums due and payable. All fee payments are
subject to audit by the city manager and assessment or refund if the payment is found
to be in error. In the event that such audit results in an assessment by, and an
additional payment to, the city, such additional payment will be due and payable
immediately, together with interest at the rate established by the city manager
calculated from the due date for the fee in question.
D. Liability For Taxes: Nothing in this chapter may be construed to limit the liability of the
licensee for all applicable federal, state and local taxes.
11-1-9: HOLD HARMLESS; INSURANCE; BOND:
It is a term and condition of any license issued pursuant to this chapter that, as part of the
consideration supporting the issuance of such license and the city's permission thereby
to occupy and use the public rights of way of the city, the licensee assumes the following
obligations:
A. Hold Harmless Agreement: The licensee must indemnify, protect, save and hold
harmless and defend the city from and against any and all liability, losses and
damages to property, or bodily injury or death to any person, including payments made
under workers' compensation laws, arising out of or in any way connected with the
installation, construction, reconstruction, repair, operation, disconnection or removal
of the licensee's licensed communications system. The licensee must pay ail
reasonable expenses incurred by the city in defending itself with regard to any of the
aforementioned claims, including all out of pocket expenses such as attorney fees and
the value of any services rendered by the city legal department or any other officers
or employees of the city. If any litigation on account of any such claims is commenced
against the city, and upon receipt by the licensee and written notice of such litigation
from the city, the licensee must defend the same at its own cost and expense. The
record of any judgment rendered against the city on account of such claims is
conclusive as against the licensee and entitles the city to recover the full amount
thereof with interest and costs and attorney fees incurred by the city. The right of action
therefor accrues to the city as soon as judgment is rendered. The city must fully
cooperate with the licensee's defense of any such claim or action.
B. Liability Insurance: Immediately upon issuance of the required license, the licensee
must purchase general liability insurance as is required by the city's standard
Insurance Schedule A, as such schedule may from time to time be amended. The
licensee must maintain such insurance coverage for as long as the licensed
communications system remains in place within public rights of way.
C. The licensee's contractors or subcontractors must provide insurance as required by
city's current insurance schedule for right of way licensees or permittees.
D. Bond:
1. Immediately upon issuance of the required license, the licensee must file with the
city manager such bond as is required by the city manager in conformity with such
written standards relative to the amount of the bond and the qualifications of the
surety as may be promulgated, and as may be amended from time to time, by the
city manager with the approval of the city attorney.
2. The purpose for such bond is to protect the city from any and all damages and
costs suffered or incurred by the city from any failure by the licensee to restore all
public rights of way and other public property affected by the installation,
construction, reconstruction, repair, operation or removal of the licensed
communications system to its proper condition in accordance with city standards.
Such bond must be maintained by the licensee for as long as the system remains
in place within public rights of way and thereafter until the licensee has satisfied in
full any and all obligations to the city which arise out of the licensed
communications system.
11-1-10: FAILURE TO SECURE, RENEW OR COMPLY WITH LICENSE:
A. Failure To Obtain License Or Comply With Requirements: Any person who fails to
secure the license required under this chapter or any licensee who fails to comply with
the requirements of the license or this chapter or with any other applicable legal
requirements must, upon notification of such violation by the city manager,
immediately act either to abate the violation or to cause the licensee's communications
system either to be removed or to be disconnected and rendered inoperative.
B. City Right To Remove Or Disconnect: The city reserves the right either to remove or
to disconnect and render inoperative any communications system used or maintained
contrary to the provisions of this chapter.
6
C. Removal Of System From Public Property: Upon demand of the city, upon termination
or revocation, the licensee must promptly, within ninety (90) days, remove its system
from public property. If the licensee fails to remove all its properties from public
property within the ninety (90) day removal period, the city manager may declare all
such property of the licensee abandoned, and all such property will become the
property of the city, and the licensee further agrees to execute and deliver an
instrument in writing transferring its ownership interest in any such property to the city.
In lieu of declaring the property abandoned, the city may cause the property to be
removed, and such costs of removal must be paid by the licensee.
11-1-11: TRANSFERS AND ASSIGNMENTS:
The licensee may not transfer or assign all or any portion of its interest in any license
granted pursuant to this chapter without the prior written consent of the city. For purposes
of this section, a merger or corporate reorganization will not be deemed a transfer or
assignment.
11-1-12: UNDERGROUNDING:
The licensee must place all its communications system underground when required by
the city manager.
11-1-13: NOTICE:
The city manager must promptly send by certified mail with return receipt a written notice
advising each licensee or prospective licensee of any of the following: 1) action by the
city manager in granting or denying an application for a license; or 2) action required of
the licensee by the city and/or notification of failure to secure or comply with a license
pursuant to this chapter.
11-1-14: CONSTRUCTION OF CHAPTER:
Nothing in this chapter may be construed as an acquiescence in, or ratification of, the
occupation of any of the public rights of way or public places of the city by any person
now occupying the same without legal right, nor may this chapter be construed as
conferring the right to occupy any of the public rights of way or public places of the city
upon any such person now illegally or without authority occupying the same
11-1-15: POLICE REGULATIONS:
The provisions of this chapter are subject to such reasonable regulations and ordinances
of a police nature as the city council may from time to time deem necessary to adopt, not
destructive of the rights which may accrue to any person under this chapter.
7
Section 2. All licenses granted pursuant to Title 11 Rights of Way, Chapter 1
Nonfranchised Communications Systems prior to the effective date of this Ordinance will
thereafter be subject to this Ordinance.
Section 3. If any of the provisions of this Ordinance are for any reason declared
to be illegal or void, the lawful provisions of this Ordinance, which are severable from said
unlawful provisions, shall be and remain in full force and effect, the same as if the
Ordinance contained no illegal or void provisions
Section 4. This Ordinance shall take effect upon publication.
Passed, approved and adopted this 21st day of Ay�gust, 2017.
Attest:
rr
„,,,,,,,i,„:4
irnstahl, City CIerk
Roy D. Buol,/layor
8
4.,"
EFFECT OF AMENDMENT
Chapter 1
NONFRANCHISED COMMUNICATIONS SYSTEMS IN THE PUBLIC RIGHT-OF-WAY
11 1 9. OEFI 11T1A4C•
99 4 2. 1 VGChICC QClL4RB
11 1 2• ADDI I ATIAN CAR LIGE- ICC•
11 1 A• QRANTINQ AC 1 V`CNCC•
99 4 G• AAWAID AChIT TA 1 ICFAIC C•
11 1 C• QCG"' ATIAAIC•
11 1 7• RELOCATION AQ REMOVAL WHEN REQUIPED QV DI IQI G NCCIIC•
99 4 O. LIG CC CCCC•
99 1 O- QC111AQ1IQC C 1I4C I\IT CAR GITV GALT ACC 0-GI ATED WITH G0-SICTR'-'C-TI(
A!`TIVITICC•
99 4 40- 1401 A LIAQ11A1 CCC• IhIC11QAhlGC• 130hll'1•
11 1 99• CAII I IQC TO SECURE, RENEW AQ !`A 11AD1 V WITY 1 1!`CNCC•
11 1 92• TRANSFERS AND ACCIf_`N EA14-C•
99 4 42• IICC AC DAI CC•
1 1 1 SIA• UIA I-D C RGR� -
11 1 16; NOTIC ADDCAI
44 9C- GAhICTRIIG TION AC GLJADTCR•
11 1 97• POLICE REGULATIONS--
11-1-1:
EG 11 ATIONC•11-1-1: DEFINITIONS:
11-1-2: LICENSE REQUIRED:
11-1-3: APPLICATION FOR LICENSE:
11-1-4: GRANTING OF LICENSE:
11-1-5: AMENDMENT TO LICENSE:
11-1-6: REGULATIONS:
11-1-7: RELOCATION OR REMOVAL WHEN REQUIRED BY PUBLIC NEEDS:
11-1-8: MANAGEMENT FEES:
11-1-9: HOLD HARMLESS; INSURANCE; BOND:
11-1-10: FAILURE TO SECURE, RENEW OR COMPLY WITH LICENSE:
11-1-11: TRANSFERS AND ASSIGNMENTS:
11-1-12: UNDERGROUNDING:
11-1-13: NOTICE:
11-1-14: CONSTRUCTION OF CHAPTER:
11-1-15: POLICE REGULATIONS:
11-1-1: DEFINITIONS:
Unless otherwise expressly stated or the context clearly indicates a different intention, the
following termsµ, for the purpose of this chapter, have the meanings in this section:
GA I]1 C CVCTCIIA- This term is c defined by the Gable n netiens p0lina ant of 199
9
4; 112r 522(6T
COMMUNICATIONS SYSTEM: nn., #elephgRe er #elenrenh GyGtem 9F aRy ether GyGtem
Of Gables, endwih;,A facility and any related equipment, fenic#ies ^helve e
eveFhead--peies, epeFated and MRiRtRiRPd fer ^e+ ^^e 61des.
GI ICTllMER- nnv peFSOR Whe n rnhases a seFktiGes pFovided by a GOMM61ROGa#inns
GyGteR;G.
6aS€N4€€: TheperseR Ops issaedR ;;senseOn awe:danr-ewith the PFoktisiens of s
GhapteF.
LOCAL wru ISIGE AREA: nn aFea, as established 6 Rder r uW inn's of the e#e+e ea
KegulatiGR by the statef levra-
I-8G A' runn1 - - rno01-: T�peFa#er of a IGGal e)(GhaRgeGTGteFAO„-a-lwa:
e)ceha„ge aFea.
LgrG' EXCHANGE FM- A +i ne ,e#eR; used for furnishing
communications services between cMHenc ell lene#er1 Vii#hin a 1ene1 evnhenne a
I-QAIRGf11 CTS NGFE G.A.R R IFE R: T-hepe{ateF of a lGRg—diGta RGe—GyG
sew;ws betwee+� stat w.s lesated is df€fere+it Iese�e)(ehaRge areas
to the public 4Fee for compensation, not including a
franchised cable television system.
MANAGEMENT COSTS: The reasonable costs the city actually incurs in managing public
rights-of-way.
PUBLIC RIGHT-OF-WAY: the area on, below, or above a public roadway, highway,
akteRue,-a;:erstreet, bridge, cartway, bicycle lane, or public sidewalk Wi#hi
Gkywal eS and Gkywalk Perriderr are net indidded yi#hin this de-fins#inn
WIRE: AR., me#emn Pr n„nn,e#e1liG wire OF Gable , ee + in which the local government has
an interest, including other dedicated rights-of-way for travel purposes and utility
easements. A public right-of-way does not include the airwaves above a public right-of-
way with regard to GGRd61Gt p9weF OF GigRals, and aRy lead 661PPOFtoRg Gable 9F stFand.
cellular or other nonwire telecommunications or broadcasts service or utility poles owned
by the city.
10
11-1-2: LICENSE REQUIRED:
A. Requirement: No person sgallmay install, construct, reconstruct, repair or operate a
communications system upon, under, over or within any public right of way in the city
unless and until a written license is obtained pursuant to this chapter. All such licenses
spare nonexclusive.
B. Exemption: SeaisataeasA communications systems ra,r- isedlicensed by the
city 9F 6i6ed foF a puFpeGe aGGeGGGFY RRGI the effective date of this
ordinance is not subject to the
ty shell he exempt Few. the licensing requirement of athis ordinance until such time
as the communications system's license- expires but is subject to all of the provisions
of this ordinance.
11-1-3: APPLICATION FOR LICENSE:
The application for a license shallmust be on a form provided by the city manager and
64a4must include the following information:
A. The name, address, email address, and telephone number of the applicant.
B. The name, address, email address, and telephone number of a responsible person
whom the city may notify or contact at any time concerning the communications
system.
C. An engineering site plan showing the proposed location of the communications
system, including any manholes or overhead poles, the size, type and proposed depth
of any conduit or other enclosures, and the relationship of the communications system
to all existing streets, sidewalks, poles, utilities and other improvements within the
public right of way.
D. Any additional information which the city manager may reasonably require.
11-1-4: GRANTING OF LICENSE:
All IiGe„ses FequiFed by this nhapte, shell he g „+ed by the Gity MaRageF. The city
manager 614a4will review each application and 614a4will grant each license which the city
manager determines to be in compliance with the requirements of this chapter and any
other applicable legal requirements. In granting a license, the city manager may require
that the applicant change the proposed location of the communications system where
necessary to avoid interference with other cables, wires, conduits, pipes, sewers or other
facilities placed within the public right of way. The duration of the license shall beis for a
period of 0) years from the date of the issuance of the license.
11-1-5: AMENDMENT TO LICENSE:
11
In the event that a licensee with a current license proposes to expand,, F�or relocate
many portion of its communications system within public rights of way, the
licensee 64a8must file aR appliGatiGR fnr ,n , e,,dment to ar aidwe„+ liaen6e with the city
R;aRage, n„ ,Wipatien fr.r , eRdMe„+ +„engineer a ,.,,..e„+ liaenge rnotice of
intent to expand or relocate its communications system. The notice must include relevant
new information of the type required in connection with the initial application for a license;
axn itsh;W. If the city engineer determines that the expansion or relocation is a material
change in the communications system, the city engineer must notify the licensee in writing
within ten days after receipt of such notice from the licensee that the notice will be
considered and granted by the city manager in the same manner as an original license
application.
11-1-6: REGULATIONS:
A. Fee And Application: No license required under this chapter, ^F ameRGIR;eRt to clip"
;;GeR6e,;a:: will be granted for any communications system until the required fees
have been paid, and until a complete application has been filed with and approved by
the city manager.
B. Installation Of System Pursuant To License: The communications system sh"must
be installed or constructed in accordance with the terms of the license granted by the
ty2Lty manager.
C. As Built Survey Specifying Location Of System: Once the system is in place, the
licensee 64a8must file with the city manager an as built survey specifying the actual
location of the system, including, but not limited to, any manholes-e+L overhead poles,
or other equipment and the licensee sh"must provide such signs or other
economically feasible means of locating the system as may be reasonably required
by the city manager, including, in the case of underground systems, a requirement
that the licensee contract with a one call locating service or similar locating service for
inclusion of the system by the service.
D. Permit to Work in the Public Right of Way: If it becomes necessary
to dig into, excavate in or in any manner break up any public right of way in connection
with the installation, construction, reconstruction, repair, operation, disconnection or
removal of the system, the licensee sha8must first obtain a permit from the city to do
so.
E. Technical Standards: All technical standards governing installation, construction,
reconstruction, repair, operation, disconnection and removal of a communications
system licensed hereunder sha#must be in accordance with all applicable federal
communications commission rules and other federal, state and city laws and
regulations.
12
F. System Maintained In Good Condition And Repair: The licensee 64a8must maintain
all parts of the system in good condition, order and repair.
G. Responsibilities To Franchised Utilities Or Systems: The licensee "all -beis
responsible for repairing or reimbursing other licensed or franchised utilities or
communications systems for any damage to their property caused by the negligence
of the licensee, or its agents, employees or contractors, in connection with the
installation, construction, reconstruction, repair, operation, disconnection or removal
of the licensee's communications system.
H. Location Restriction, Public Use Space: No license required under this chapter
shaBwill be granted to authorize placement of a communications system in any space
which is required for public use.
I. Failure To Comply: Failure by the licensee to comply with any of the requirements of
the license or this chapter 64a4will constitute grounds for termination of the license by
the city.
11-1-7: RELOCATION OR REMOVAL WHEN REQUIRED BY PUBLIC NEEDS:
A. Public Improvements: The licensee sha8must, upon "'"thirty (30l days' written
notice from the city and at no cost to the city, protect, support, or temporarily or
permanently disconnect, relocate within the same or other public right of way, or
remove any or all of its communications system when required to do so by the city
because of street or other public excavation, construction, repair, grading or regrading;
traffic conditions; installation of sewers, drains, water pipes, or city owned power or
signal lines; vacation or relocation of public rights of way; installation or construction
of any other type of structure by the city or any other public agency; or any other type
of improvement which promotes the public health, safety or welfare.
B. Emergency Situation: If, at any time, in case of fire or disaster in the city, it shall
lappomebecomes necessary in the reasonable judgment of the city manager to cut or
secure any of the wires, cables, amplifiers, appliances, or appurtenances thereto of
the licensee, such cutting or removing may be done and any repairs rendered
necessary thereby shallmust be made by the licensee, at its sole expense.
C. Moving Of Buildings: The licensee sha8must, at the request of any person holding a
building moving permit, temporarily remove, raise, or lower its wires to permit the
moving of said building, provided the licensee has been given not less than ten (10)
working days' notice of such move. The reasonable cost of such temporary removal,
raising, or lowering of wires sha8must be paid by the person requesting the same, and
the licensee shallmust have the authority to require such payment in advance.
11-1-8: 1 I6€NRE FEERFEE FOR MANAGEMENT COSTS:
13
C. 46e- Fee Payments Subject To Audit: The acceptance of any 6i6e fee payment
by the city 64a8may not be construed as an acknowledgment that the amount paid is
the correct amount due, nor shallmay such acceptance of payment be construed as a
release of any claim which the city may have for additional sums due and payable. All
46e-fee payments s4a44eare subject to audit by the city manager and assessment or
refund if the payment is found to be in error. In the event that such audit results in an
assessment by, and an additional payment to, the city, such additional payment
shaBwill be due and payable immediately, togetherwith interest at the rate established
by the city manager calculated from the due date for the use fee in question.
DInterest Qn !herr-ie I Ice Cees- The linencee che11 n interest at the .ate
d;;te for the a £ee
_Liability For Taxes: Nothing in this chapter 64a8may be construed to limit the liability
of the licensee for all applicable federal, state and local taxes.
P%Vent the Gita n nil £rnm PXPFG060RO the Fight of the Gita to GhaRge the ame,int AaRY £
of the £eec required by this ce Gtinn
11_1_9 CC111IIC1ICCC1I ENT CAC CITY GALT ARROGIATCII WITH CONSTCI CTION
ACTI\ S-
GG
II 1 10-: HOLD HARMLESS; INSURANCE; BOND:
It sh;;" Deis a term and condition of any license issued pursuant to this chapter that, as
part of the consideration supporting the issuance of such license and the city's permission
thereby to occupy and use the public rights of way of the city, the licensee spall
aesumeassumes the following obligations:
A. Hold Harmless Agreement: The licensee 614a8must indemnify, protect, save and hold
harmless and defend the city from and against any and all liability, losses and
damages to property, or bodily injury or death to any person, including payments made
under workers' compensation laws, arising out of or in any way connected with the
installation, construction, reconstruction, repair, operation, disconnection or removal
of the licensee's licensed communications system. The licensee shallmust pay all
reasonable expenses incurred by the city in defending itself with regard to any of the
aforementioned claims, including all out of pocket expenses such as attorney fees and
the value of any services rendered by the city legal department or any other officers
or employees of the city. If any litigation on account of any such claims shall beis
15
commenced against the city, and upon receipt by the licensee and written notice of
such litigation from the city, the licensee a14a44must defend the same at its own cost
and expense. The record of any judgment rendered against the city on account of
such claims shall beis conclusive as against the licensee and rha' leentitles the
city to recover the full amount thereof with interest and costs and attorney fees
incurred by the city. The right of action thereforshall assrueaccrues to the city as soon
as judgment s;h;W is rendered. The city a4a4must fully cooperate with the
licensee's defense of any such claim or action.
B. Liability Insurance: Immediately upon issuance of the required license, the licensee
a4a4must purchase a--ph general liability insurance as is required by the nye
nd ded6l Gtihle Ge elinv and the r alifiina#ienc n£the i �Cit�/'S
standard Insurance Schedule A, as uch schedule may
rom time me to time,
e-an,e:rlerl by the pity rnaRageF with thea al of the pity le nal
, f
den T be amended. The licensee 64a4must maintain such insurance coverage
for as long as the licensed communications system remains in place within public
rights of way.
C. The ^ity shall he named a additional i rerl OR the ORGuFaRGe ern., Rd the
s
peliysha4licensee's contractors or subcontractors must provide An its far-e-that it
ne# he n Gelled a en# after at least #hiFty (4O) day ' WFi##en ne#ine to the pity.
Immediately linen icciianae e£the-insurance as required 'ineRGe the linencee shall File
�nii#h the nifii maRageF ne r#i Fina#e n£ i �nih inh nlearri rlicnln'se's i#c £ane
ni#y m the linencee shall addi#ienally ciihmi# a ner#ifiied nOPY Of the Pali—.
city's current insurance schedule for right of way licensees or permittees.
D. Bond:
1 . Immediately upon issuance of the required license, the licensee shaRmust file with
the city manager such bond as is required by the city manager in conformity with
such written standards relative to the amount of the bond and the qualifications of
the surety asshaAmay be promulgated, and as may be amended from time to time,
by the city manager with the approval of the city attorney.
2. The purpose for such bond shall beis to protect the city from any and all damages
and costs suffered or incurred by the city from any failure by the licensee to restore
all public rights of way and other public property affected by the installation,
construction, reconstruction, repair, operation or removal of the licensed
communications system to its proper condition in accordance with city standards.
Such bond 6ha44must be maintained by the licensee for as long as the system
remains in place within public rights of way and thereafter until the licensee shall
hawehas satisfied in full any and all obligations to the city which arise out of the
licensed communications system.
16
11-14410: FAILURE TO SECURE, RENEW OR COMPLY WITH LICENSE:
A. Failure To Obtain License Or Comply With Requirements: Any person who fails to
secure the license required under this chapter or any licensee who fails to comply with
the requirements of the license or this chapter or with any other applicable legal
requirements sha44must, upon notification of such violation by the city manager,
immediately act either to abate the violation or to cause the licensee's communications
system either to be removed or to be disconnected and rendered inoperative.
B. City Right To Remove Or Disconnect: The city reserves the right either to remove or
to disconnect and render inoperative any communications system used or maintained
contrary to the provisions of this chapter.
C. Removal Of System From Public Property: Upon demand of the city, upon termination
or revocation, the licensee sha44must promptly, within ane h6lRdFed eight " Qnninety
days, remove its system from public property. If the licensee fails to remove all
its properties from public property within the ane h6lRdFed eighty (19 ninety 90) day
removal period, the city manager may declare all such property of the licensee
abandoned, and all such property a4al4will become the property of the city, and the
licensee further agrees to execute and deliver an instrument in writing transferring its
ownership interest in any such property to the city. In lieu of declaring the property
abandoned, the city may cause the property to be removed, and such costs of removal
a4a44must be paid by the licensee.
11-1411: TRANSFERS AND ASSIGNMENTS:
The licensee sha44may not transfer or assign all or any portion of its interest in any license
granted pursuant to this chapter-without the prior written consent of the city. For purposes
of this section, a merger or corporate reorganization aha4will not be deemed a transfer or
assignment.
11-1 13: USE OF and oc.
the linencee-
yihinh shall he ciihien# #e r rd nal by the pity maRageF; nrl
7 Shall plane its seP�iGe nrdernrei incl as hereafter speni Fierl
Q The linencee shall ne# a en# £)ra FeaGGR, aRy ale OR 9F alarm a c#ree# OF iihlin
all gaps OR the existing a al utility systems, anrd then enly with the adyanne
WFO##en a al of the pity m
17
„�12: UNDERGROUNDING:
The licensee sh"must place all its transmission and distribution linescommunications
system underground where all or aRY gr#ign Of the lines Of the elen#rin £enic#ies; are
61Rder9r961nrl Or Where s inh may hereafter be planed Grwhen required by the city to be
manager.
11-14613: NOTICE; A— EA=:
”". ^�pThe city manager sh"must promptly send by certified mail with return receipt
a written notice advising each licensee or prospective licensee of any of the
following:
1) action by the city manager in granting or denying an application for a license; or 2)
action required of the licensee by the city and/or notification of failure to secure or comply
with a license pursuant to this chapter.
#g the ni#y n nil by Filing a ,ri##en appeal With the ni#y maRageF Gpereifying the
reaCgnC therefgY Within #hir#y (4O) days Of the ni#y m an#inn OF ng#i£ina#inn
11-14.614: CONSTRUCTION OF CHAPTER:
Nothing in this chapter sh"Tay be construed as an acquiescence in, or ratification of,
the occupation of any of the public rights of way or public places of the city by any person
now occupying the same without legal right, nor st;a4may this chapter be construed as
conferring the right to occupy any of the public rights of way or public places of the city
upon any such person now illegally or without authority occupying the same-
11-147-15: POLICE REGULATIONS:
The provisions of this chapter are subject to such reasonable regulations and ordinances
of a police nature as the city council may from time to time deem necessary to adopt, not
destructive of the rights which may accrue to any person under this chapter.
18
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper
on the following dates: August 25, 2017, and for which the charge is $200.48.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this c,,g6f day of , 20 /7 .
Notary Public in and for Dubuque County, Iowa.
0AL 0, MARY K WESTERMEYER
Commission Number 154885
My Commission Exp. Feb. 1, 2020
Legal Notices
dations system. The
licenseemust''pay all
reasonable liu'eilpenses:
incurred by the city{n
defending- itself ;with
regard. to- any of the
aforementioned plasms
including'- all out of
pocketeexpenses such
as atterhey fee's and •
the• •value 'Of:-.'.- any
services .rendered...by
the: city: legal depart-
ment ' or any. other '
officers or employees
of the city.:, If any,
litigation bn.account of
any such clalms,'.is'
commenced ::against,
the city and-, -upon
receipt by the1icensee
and "Written notice of =
such litigatiorl-from the,
city,:the licensee must
defend the -Sallieletits
own cost and_'expense:
The'',-record•`of any.:
judgment rendered
against,. the city on
accOunt ofsuch"_claims
is . • -conclusive•- as ;
against:.: the .:;-licensee,
and entitles•the+city to
recover the full -amount
thereof t-withs='-,intere`st
and costs:and:attorney'
fees incurred Eby the
city. The right bl action
therefor accrues to the
city, .as soon as'
judgment is - rendered
The• city most " fully
cooperate. -,with the •
licensee's: defense_' of.'
any,. such claim::`. -or
action.- 1.'>
.B. Liability, insurance::
Immediately`uponissu-
ance;of -the' required
license,. the;,licensee
must purchase general.,
liability insurance anis
required by -the city's
standard Insurance
Schedule;;as:.such
schedule_ may -from
time; to • time be
• amepdesl iijeIicensee.
must..mamtam such
insurance coverage -for.;
• as long as,.thelicensed
communications Sys-'
tem remalns in place
within public%,rights of
way.
• , C. The • licensee's
contractors _or 'sub-
contractors must pro=
vide .=insurance :••as,
required_;, by city's,
current insurance:
schedule'. for. ,right„of
way • licensees • or
permittees;, -
D. Bond:
1. Immedlately upon
issuance of_..the -re-
quired: lieense;,:;the,
licensee must;,file,.y,!i,th,:
thecity,: manager such
bond as, isrrequired by.
the city,' _ 'Manager:- -In
conformity,. with such;
written ;standards. rela-
tive to the amount, of
the •,bond'; ^and';: the
qualifications:,: 9f: the
surety, u's -:may.; be
prorhulgated,..and as
may be>amended, from•
time to'rtime, by the
city manager with. the
approval of"_thecity
attorney..
purpose for- ership-interest io apy
such bonci-is to protect such 'property to the to this Ordinance:
the city{from arl) and city: In lieu of declaring . Sectlori 3 If any of the _
a I a}n
dades ariddcosts the ,property _abandon , provisions of this
suffered ors ilicur�%d byf ed- the city may cause : Ordinptice are for any
theglty f eh rs?,,i,any the property to be' reason;tleclared to be'
failure by ;the Jicerispe removed andsuch illegal - or void, the,
to} 1restore -al�F public -costs of removal must lawful provisions ,of
rights of w`ay and other---: be paid by the licensee ce this Ordinanwhich :i
public property -affect 11- - x
1 11 TRANSFERSare s -sevetabtefro
' mi
ed -by the installation AND ASSIGNMENTS: said unlawful prove -'
construction recon The licensee; may not, sio'ns „shall ' be and .
structron, repair ; oper transfer or assign all -or- 'remainin full -force and
ORM or -removal: Oft -any- portion' of - its,i effect ';the- same; -as if
licensed;.i-.,:'comnUni iriterestan-any license, the<,'Ordir ce ,con
cations system to its -granted pursuant to- - tained no illegal or.void'
proper condition in, this chapter without' provisions
accordance', with''city- ;the',`: ;prior 'written;.' -.`Section :4.-This..Ordi
standards;,'Such'.bond 'consent of -the -city. :city. For nance shall take'effect.
Must be -Maintained' --purposes. of,,this: sec ; upon;publication} ,=
. the licensee for as long' tion; a- merger or cor- :: passed; approved: and
as the system "remains,. porate reorganization adopted-, this -.21st
in place, within public willnot, be'deemed`a of August 2017,=
rights of- way and ' transfer or assignment, , . /S/Roy D 'Buol, Mayor, '.
thereafter until _. the :11112: UNDER- Attesf:ys/Kevin•S
licensee has satisfied GROUNDING: •Firnstahl City Clerk
-in' full--,"and.all The licensee must Published. officially.in
- obligations, to "the city place • all: its commune-:.• the Telegraph ',Herald
which -arise .outof°the-., cations •system under- newspaper on the 25th •:
,licensed`,communica `ground when -required day of August; 2017.
tionssystem , - - ; by.the•city manager,, - . /s/KevinS::Firnstahl; •
11=1-10: FAILURE TO 11-1-13: NOTICE city clerk'
,SECURE, ,RENEW' .OR . The,• city.,: manager1 it -§/2.5. •
COMPLY .WITH'„'L1= .'mustprornbtllysend•ley
CENSE _certified , mail with
A Failure• To Obtain .return receipt a Written•
License':!: Or' Comply notice.' advising each' •
With . `;Requirements:: licensee•br.orospective i
.Any person who fails to _ licensee of” any of the
secure the i, license following 1);aetlon by--
requited;'{'Lnde 1"-„thls„the.,cityy ,tpanager,s•in„ <,
`chapter,or any iicehsee•, _grantifrg or denying an'r
•who fails to comply .application "for a Ji;-;
with the,requirenients .cense or 2). action re
. of •the Jicense or'this`,,_- giliredt of:thet.iicensee
chapter.'. or -with, any -1 by -- the. city, and/or
'other:'applicable`_;legal_, iriotification;,.of failure_, ,
requirernents. ..must, " -to secure 'or comply -
:Upon' notification of, with a license pursuant
- such iviolation by. the.' to this chapter: , . _ ..- `;
city, manager;,,„.imme--'•11-1-14: CONSTR,UC-
diately, 'act' either: to ,..;TION OF, CHAPTER:;
abate the'- violation., or .c -":Nothing: -;;:.in` ;this '
to cause the licensee's' .chapter- may' be con-
comm'u,nications. ,sys- ; strued as an acquies-;1
. tem either to be cence Ing or ratification
removed • `-or, -to, .be ., of,- -the;; occupation of
disconnected and. ren-' any of the publ.ic.riglits
•tiered inoperative.,_.: _ . of way.orpublic, places
._: City; Right; To;' of 'the, it by '• any.
Remove-O(Disconneota-=-,persbn now -occupying
The -city•` reserves :the the-samewithoutlegal”
•right-either-to.remove • .right,: nor, may. 'this'
or to • disconnect;: and ':chapter be. construed:
render: inoperative any • as conferring'the right
• communications -r sys- to• occupy. :any.;of ;thee
tem used ° or 'main- -public Nghts of Way or
tained co'ntrary to the- public:. places,,,of- the;
'provisions of ` this "',city upon': any `such'
chapter„” ,' person now illegally or.
C. Removal, Of Systern ,`- without :authority. oc=
'From Public Property: ' cupying the'same; •
Upon 'demand . of" the. ` 31-1=1.5 ; ,POLICE .
city, upon termination 'REGULATIONS: . -
or:;' r.,evocation,: '.:".the •-The,provisions of this -
licensee"mu'stprompt=.•.'chappter-are subJect td
•ly,; within. ninety,_ (90) . ,such.reasonable, regu-
days, remove its sys - -lations'and ordinances"
tem' from public -pro . of a, police: nature: -as
perty:�;•Ifrthe•'licensee` Lthe,'city” council',may:
c:fails: to"removeail'-its-: from. time . to time
:properties!from+ip"ublic' ':Qom .necessary;"ito:
:;,property. within 'th'e:'adopt, not. destructive .
ninety; (90) -day, real:-. %',of the ;rights ,'which
• val period, --the city_ , may 'accrue;,• -to.; any
manager may ,declare . person under' -'-`this
all such pro-perty of • chapter.
the licensee abandon Section 2. All licenses
- ed, and all such, 'granted' `pursuant to :
property will become Title 11' Rights of Way,
the property;••of the Chapter 1 ' Nonfran-
city, and the licensee.' chised Communlca-
further agrees to tions_ Systems priorto
execute and deliver•an ` the. effective .date. of
instrument in writing this:' 'Ordin'ance will
transferring. its own- thereafter" be subJect
the communications tion, Public Use Space:
system, including any No Publiclicensrequired
manholes:or overhead under this chapter will
and pr the dize,p h ofe be granted to authorize
any proposed'' otherer placement Otte com-
• enc :cunduit. nd. the munications system in
enclosures; -pod: =the any. space which is
relationship, s:. the - required for public use.
temlrit one�isting I. Failure To Comply:
tem to all existing Failure by the licensee
streets, sidewalks,'
Wes, , utilities and to -0010Y with .allY of
: other improvements the requirements of
within =the public' right the license or this
of way.: .chapter will. constitute
D. Any; additional :grounds - for termin-
Information which: the ation of the license by
city `manager may. the city.
reasonably require. 11-1-7i RELOCATION
11-1-4: GRANTING OR REMOVAL WHEN
OF LICENSE: • , REQUIRED BY PUBLIC
,The city manager -will NEEDS:
review. - each 'applica= = A. Public, Improve;
tion and will : grant mems::,The • .licensee
each iicense which ;the ,Must, upon thirty •(30)
city:;.manager :deter- days' written notice
I. mines `to . be, in' Om- from thecity and at no
'pliance.%;with the,' re.: cost to. the ..,city,
quirementtts of this protect, , support, or
chapter and any other temporarily or perma-
1 applicable. legal, ,_ re- nently disconnect, re-
quirements. In granting locate within the same
L. a..- iicense,• •the city or other- public right of
manager may ;require way, or remove any or
that • -the - applicant all of Its commun-
change the proposed ications -system when
location of the com
required "to do so by
munications system . the city because of
where.'necessary to street or other public
`Lfavoid interference with excavation,- construe -
.,:;other cables, -wires, tion, repair, grading or
j;;;,conduits,,pipes,'sewers regrading; traffic con-
,...,.
on -
or other facilities ditions; installation of
•OFFICIAL laced within , the sewers„ drains, water
PUBLICATIONpublic right of way The, pipes '.or city owned
ORDINANCE,NOi 39 17 : duration of•the; license power', -or signal.;lines;
AMENDING CITY OF is far:a period 'of ten vacation or relocation
' DUBUQUE „C,OQE OF, (10) years ';from the of public rights of way;
ORDINANCES TITLE` date `of the issuance of installation or::: con-
' 11 RIGHTS' OF WAY' `the'license:" :. • struction:of any. other
CHAPTER1NONFRAM*: 114-5: AMENDMENT type of •structure by
CHISED COMMUNI- TO LICENSE: the city or any other
CATIONS SYSTEMS;;,,. ,in.,:th"e,event that a public agency; -or any.
'section :.1. City of, licensee witti'a current other type. of im
Dubuque Code; ,te license :proposes to-, provement which :pre-
' Ordinances 'Titlea:' 11 't 'expand. or relocate any ' motes , . the , ... public
Rights of Way, Chapter - portion Of its com; health" ' - safety, or
• 1 Nonfranchised. Corn- system welfare.
systewelfare.
' munications Systemsis: within public rights of B. Emergency. Situ
L.
hereby . amended , o way, the,iicehsee must '.ation: If, at anytime, in
read as follows -•.,-: , file . with the ' city case of fire ortdisaster
Chapter'1 - engineer, .a notice of in the clty;.it becomes
NONFRANCHISED- .intent to expand • or necessary • in the
,COMMUNICATIONS, relocate its ';common= reasonable judgment
SYSTEMS.; 1N ,THE ; ioations' .,System. The " of the city manager to
' PUBLIC-_ • RIGHT 4F- - notice must include cut or secure any - of
WAY : - .. -a • :reievant'new informa- the , = wires, _ 'cables,
11=1-1; DEEiNITtONS;- tion , . of. the type. amplifiers, appliances,
•r i 1-1-2f�,I,iCENSE required! in connection . orappurtenancesthere-
REQUIRED r_ ,.t::. ;:'' with the initial' to of the licensee, such
11-1-3ii,APPLICA=.,;•.application -- for a cutting or ..removing
TION FOR,I,i$ENsgi .jicense: if • the- city . •may be done and any
• 11'-1-4;.,GRANTiNG. engineer` determines repairs renderedneces `
OF LICENSE: , - r that the . expansion or Bary thereby must be
11 1 AMENDMENT ' relocation is a ma eria d b thei'
- -0: { i ma e y icensee,
TO LICENSE change :.in the '. com-
114-6f: REGULA=:, munications _ system, I
;";:•';.:,`, ;..f.,:`;..the'city :engineer must
ii -1-7: RI LOCATION notify -the licensee in
OR REMOVAL. .WHEN -writing within ten days.
-,REQUIREDBY.PUBLIC s. after ,receipt.- of • such
NEEDS: - notice from the
• 11-1-8: .MANAGE- licensee:that the -notice
will: b.e considered and •
11=1=9: HOLD,�IARM grantedt ;bY- `the;; city
LESS, INSUflANCE; manager in the same
"'BONDt, manner as• an •original
11-1-10: FAILURE TO: iicense;applicatlon.`?;
SECURE,: RENEW."OR; `'i'. '11-1-6;;: REGULA-
COMPLY.: ;WIT.H - LI- :TIONS;
CENSE; ' A'.; Fee And" Appli-
. • 11-141: TRANSFERS 'NO; licertecre--
AND ASSIGNMENTS':, . quired _ ,under this
11-1-12;_„UNDER-;chapterwlll he granted
GROUNDING: '• far; !.':any . —commun-
11-1-13:,NOTICE: 'Icationsitsystem, until
• 11-244: CONSTRUC- the required fees have
TION cHHAPTER: . been paid, and ,until a
X11-1-15: POLICEREG- complete. : application
ULATIONS:,. • - • , has been filed with•and
11-1-1: DEFINITIONS: . -.approved by ,the city
= Unle$s othetwis�' manager
�1s1 statoLIMO t B:, Installa ob Of
(ndi System Purs n To
aOs ,fir k i l{ferent License The c mmun-
inteiitidri;?the'f lioWing,: 'ications system; -:must
terms; for :the 'purpose,::be , installdd er:= con
of. -this. chapter, have •.structedLin accordance,.,!
.ehe meanlrfgs -in this with °the terms of- the
Secfjo c_t licensegranted,by •tie. i
- _ .t'�
at its sole expense.
C. Moving Of,Build-
ings: • "The Ilcensee"
must, at the request of
any ,person. holding: a .
building moving , per-,
mit, temporarily "re -:
raise, or,: lower •
its wires to permit the
moving - -_Of said
building, provided the .
licensee has : -• been
given not less than ten'
(10) • working. days'
notice of such move.
The reasonable- cost: of
such. temporary remo
val, raising, or lowering
of wires must be paid
by the person re-
questing the same, and
the licensee must have
the authority to require
such .payment' in
advance.
41 -1 -Bs. FEE - FOR
MANAGEMENT COSTS:
A. -Fees Established;
Computation: .It • is • a
term, and 'condition 'Of
any license ,,: issued
pursuant - to'. " this
chapter that; as, part of
the consideration; sup-
porting the issuance of
such • license. and •the
city's' permission
thereby to. occupy and
use -the public. rights. of
way .of;- the city; t_he
licensee must pay to
the city an annual fee
for management costs
as established by the
' city manager which is
due and:,payable at the,
time, of.,filing of the
initial license applica-
tion,
B. • Systems-' Exempt
From.., Fee• for : Man-,
agement "Costs: ° The
following communi-
cations: -•systems. -are
exempt from the, fee
for management 'costs
requirements::
i. Communications:
systems which ;pay to -
the city afranchise fee.:.
2 Cable ,television
systems
-3 Communications•
systems exempt from'
' payment of. the fee for
management costs by
agreement with the;
city. • - -.
C. ,Fee- Payments
Subject To Audit: ,The
`acceptance of any fee
payment by the city,
may not be construed
as an acknowledgment
that the amount paid is
the" correct amount
due, • nor may such
"acceptance of payment
be construed :as, a
release. of .any 'claim
.which ,the, city may
have for 'additional
sums due:anq payable.
!Ail fee payments are
subjectto•a}idit by the
,city ,manager and
assessment. or refund
if the payment is found
to be in error, 'In the
event that such audit
results, in, an assess-
ment by, ' and an
additional payment to,
the city, such addi-
tional payment will be
due .and " -payable 1
immediately,,: together
with. interest at-: the
rate established:by the,
city'.!,mahager calcu=
lated from the due date
for the fee in question.
D. Liability For_Taxes:
Nothing in this chapter
may, be construed, to
limit the liability of the.
licensee, for all appli-
cable : federal; , state
andlo.cal taxes.-
• 11-1.9; HOLD HARM-
LESS; . INSURANCE;
BOND:,
-::It is a- term-. and
condition =:- of: • any
license Issued . pur-
suant to this :chapter:
that; as part of the
consideration support-,
Ing, the issuance.. of
such license, and ,the
city's permission there-
by to occupy and use
the public rights of
way of• the. city, the
licensee assumes the
following obligations:
A. Hold Harmless
Agreement:. --The .liven- i
see _;.must,- lndernnify,
protect, save and hold
harmless , and ,defend
the city - from and
against any , rand alt
liability, losses and
damages to -..property,
-.or bodily : injury or
. death to any person,
including payments
made • under workers' 1
compensation laws,
. arising out of or in -any
.way connected' with
the installation, .con-
struCtion, ,. reconstruc-
tion, repair; ,operation,
disconnection or remo, '
Vale of the licensee's
licensed' communl
'1‘
A
iraty.Ofaa.f11,oftrerein, • • _ ,
inferitielf4#iefellotming! - "cations_ systerff.: Must
1 tefniSi for the -Purpose- be -_.inStalidd:i, or Con-;
',;!'•ofthis,.Chapter, have strubted aCcerdence
.
th INS "::with the ..ternia'-bUthe„;.;
seoioj4 :: license granted:1'810g,,
CCily1M'UNIGAtiQNS,4:eltY•rnanager:;.
I VSTEMMfacilltjt,a‘nd CAs BuiItSurveySurvey
0;telge'cl_;eAnipinOnt, SPedifYing; Location „Qt.„
:114e'd42J'fb.0ilurrilShing, ..„System f; 4; Once the
CoifthainicatleqS:,:-'Ser'r A•gystem In place, the
. lieenSee\-MuSt_file with
compensation; net manager an as . •
chdjng a; franchised.; 31;iiiiit surYdy. specifying:
cable teIevi&o system Ihe, adttial ,leda.tion of
MANAGEMENT !.C,QST , systefri
The -1:;eaSbnableltostR.4',Vdthetilt(nItetl'to, any-,
PitsfialituallydrieukPmanflole'si".-..Tiherheker,
':;iMariabirigObblibf:;1561esll*- other .4.110:?:',,
jightkof-WaStit;:;,`';,.„,:;c1-`,:.,k;•ment!,•arld the Ijoense&
PULIO RIHP QF must provide such
WAY thejra,' on sIgrsor • other
'• beleyy,•,pcv.,„ebeve; '.a,,,';Cdoriomically feasible\
pubhfeadwayAigh_.•0'inenns' of locating the,
,'streeti .-'bridge; syStern as may, be'!
f!..cartwayi,t).1.6t,00:4,4ane, ,reasonably requiredby
or-'1,-pliblieSidewalk in ;',-the city Manager,.
Whichthe';',16ear "' including, tri the case_
errime,nt hasan _inte- of underground.. sys.:
rest, - including -other.; temsa, • requirement
dedicated ',1•• rights -of- i• that the . licensee
...Way'. :fOr travel contract With a one call
' poses::: Service or •
easerncofs4,4011Misirrillar locating service„
,,.n9htlbf.t.:Nyk.(1041affleF'Or,1-;;Ificlusien; of the
mlude the irtvaves system by the':.01'.Ylc.o.l;-`;'.=. •
ork in
:
way w,th gado the PubItcR;hl of
ho-raftle5,;',te10.6;MtriVri- 2iienestarY to dI Int
icatidnSqir'T'brdadeaits excavate In or in any;
seryiee:er- uthity potes;„ :manner break up any
owned bYtfie1eity;,;,i'4.e,;\ niablip,, right of way in
IJCENSE connection •with the
REQUIRED; dnstaUatlQn, Construe-
,. No; tion, recohStr.U.41gpi„
perabh. rtlaWinstalk.;repa!r, operation di
-'0onStrnetili'edefAtrtict;:- ..eonneetiefE: Orrferrfoy-ni
repair gt:;Olbefate the -,,SYStentlthe
communications sys Iicensee rnuSt. ", first
tem - 'permit from,
Of Withirn,10Y:.: lig3W.;;:the city to-do so. : • '1.
rlghflof way Ip the ctty;E Technical.Stan
unless andtlards:;;.: All . teehriital,
Written ; .!•hcnse Is',Standards gOvTelming '
obtained ;:.-Puratient td ifltaUation, ebliStrue;
..,reepSttifqtlefl;.. '
!"-Wee,s1-.\-?bOriponekf_lf4epgill,'-:dperatielfi'z'"
b
terfis..)ieeneeil by tlin;',"4heMintler must''' be Id(
city op tie tffect,vC1 accrdame. With •aIU
date of tJn ordinance apphgbe federal com
1415'-ingtiORPtArg41130onIODIPOtOriCfil4i911011$,
;`fillOSAanctiether,'>)
of this ordirtiaffee- untiWfederal, state and . city
such time - as theIalms and regulations.
,co,mniunleatiOns System gaintalned,
tem$ Iicense expires In Good ConditioncAnd
but issubject ',t0-:a11.-"of;!;';'4Repain--iThelidens4
c,S..:thei;,:firgy.tale,a4094,11),:filOSt-TPaifit0111.';4404.01
ordinance.: •' bf Sykterri in good
andfA
-
Tit ,;applicationfOr. -.:
:-form .nroVfded by,' the. ;':"Systems:: Thilbeiee----
,
?city menagerandibifst is responsible' for
nclude thelollolivfn0.';?. pairing or reimbursing
,,other • licensed or
A. The Tiame;,aildreSsWfranthised utilltles or
telephOnenuinher--; .C.V.;Meras:'-for any damage,
the'aliPlicaltU - . 45t0'..,h,:th,gir • property:'.
B; The aamOaddreasiqbabteddby:.:the-',negIi
ern01,atft.:1 rkss;{ and en'4ef opthei;lieep4eetelepone ntinlbet of a or its agents em
,',':,
•
re4itinSi bte porson pleyeds.Or,contractorsr;
connection with the
.corisfrue-;,'
bmb concernipg the tio recOnstRiption,-
ebptiiiqrtiCatlb,!iS- . ene'ratleni",:41S7'.
tem, 69,040 AtiliPIP141
_ -`,54-PRAOLise0 om
Ofbbosed locatton f.'