HomeMy WebLinkAboutOrdinance 5891 05/18/1998
.
.
>.
ORDINANCE NO. 5891
AN ORDINANCE AMENDING THE SPRINGFIELD MUNICIPAL CODE TO
PROVIDE FOR THE REGULATION OF TELECOMMUNICATION ACTIVITY WITHIN
THE CITY OF SPRINGFIELD, ADDING NEW SECTIONS 4.600 THROUGH 4.628,
REGARDING TELECOMMUNICATIONS LICENSING AND SECTIONS 4.700 THROUGH
4.716 REGARDING LICENSE FEES AND COMPENSATION; AMENDING SECTIONS
3.206 THROUGH 3.222 REGULATING WORK ON OR UNDER THE SURFACE OF THE
PUBLIC WAYS AND ADDING NEW SECTIONS TO BE SECTIONS 3.224 THROUGH
3.230 REGULATING THE PLACEMENT OF DEVICES OR STRUCTURES IN THE THE
PUBLIC WAY AND DECLARING AN EMERGENCY.
WHEREAS, pursuant to the Constitution of the State of Oregon and the Charter of the City
of Springfield, the City has the authority to regulate the use of its streets and other municipal
property; and
WHEREAS, it is anticipated that an increasing number of telecommunication carriers and
providers will or have requested the use of public ways for the purposes of telecommunications; and
WHEREAS, in order to ensure reasonable access to public ways for telecommunication
carriers or providers and to protect the public health, safety and welfare, it is necessary and
appropriate to enact regulations and standards for such areas;
NOW, THEREFORE, THE CITY COUNCIL DOES ORDAIN AS FOLLOWS:
Section 1.
of 1998.
Short title. This ordinance shall be referred to as the Telecommunications Ordinance
Section 2. Purpose. The purpose of this Ordinance is to:
a. establish a local policy concerning telecommunications providers and services;
b. establish clear local guidelines, standards and time frames for the exercise of local
authority with respect to the regulation of telecommunications providers and services;
c. promote competition in telecommunications;
d. minimize unnecessary local regulation of telecommunications providers and services;
e. encourage the provision of advanced and competitive telecommunications services on the
widest possible basis to the businesses, institutions and residents of the City;
I:\ TELECOMM\ORDsign. WPD
May 20, 1998
Attachment B, Page 1 of 20
.
.
.
f. permit and manage reasonable access to the public ways of the City for telecommunica-
tions purposes on a competitively neutral basis;
g. conserve the limited physical capacity of the public ways held in public trust by the City;
h. assure that the City's current and ongoing costs of granting and regulating private access
to and use of the public ways are fully paid by the persons seeking such access and causing
such costs;
I. secure fair and reasonable compensation to the City and the residents of the City for
permitting private use of the public ways;
j. assure that all telecommunications carriers providing facilities or services within the City
comply with the ordinances, rules and regulations of the City;
k. assure that the City can continue to fairly and responsibly protect the public health, safety
and welfare;
1. enable the City to discharge its public trust consistent with rapidly evolving federal and
state regulatory policies, industry competition and technological development.
Section 3. Telecommunications Licensim!:. Chapter 4 ofthe Springfield Municipal Code, as
amended, is further amended by adding thereto two new articles, reading as follows:
TELECOMMUNICATIONS LICENSE
4.600 Definitions. Terms used in this Chapter shall have the following meanings:
(1) Affiliate: A person that (directly or indirectly) owns or controls, is owned or
controlled by, or is under common ownership or control with, another person. .,
(2)Cable Acts: The Cable Communications Policy Act of 1984, as amended by the
Cable Television Consumer Protection and Competition Act of 1992, as ,amended by The
Telecommunications Act of 1996 and as hereafter amended;
(3) Cable operator: An entity providing or offering to provide "cable service" within
the City as that term is defined in the Cable Acts.
(4) Cable service: Shall have the same meaning as defined in the Cable Acts.
(5) Excess capacity: The volume or capacity in any existing or future duct, conduit,
maintenance hole, handhole or other utility facility within the public way that is or will be available
for use for additional telecommunications facilities, including that portion of the usable space on a
utility pole which has the necessary clearance from other pole users, as required by the orders and
regulations of the Public Utility Commission, to allow its use by a telecommunications carrier for
a pole attachment.
1:\ TELECOMM\ORDsign. WPD
May 20, 1998
Attachment B, Page 2 of 20
.
.
.
(6) FCC or Federal Communications Commission: The Federal administrative
agency, or lawful successor, authorized to regulate and oversee telecommunications carriers, services
and providers on a national level.
(7) Grantee: Encompasses both licensees and franchisees.
(8) Overhead facilities: Utility poles, utility facilities and telecommunications
facilities located above the surface of the ground, including the underground supports and
foundations for such facilities.
(9) Public street: Any highway, street, alley or other public right-of-way dedicated
for motor vehicle travel under the jurisdiction and control of the City which has been acquired,
established, dedicated or devoted to highway purposes not inconsistent with telecommunications
facilities.
(10) Public utility easement: Any easement to the City or others, acquired,
established, dedicated or devoted for public utility purposes.
(11) Public way: Includes all public streets owned by the City and public utility
easements granted to the City, as those terms are defined herein, but only to the extent of the City's
right, title, interest or authority to grant a license or franchise to occupy and use such streets and
easements.
(12) Telecommunications carrier: Includes every person that directly or indirectly
owns, controls, operates or manages plant, equipment or property within the City, used or to be used
for the purpose of offering telecommunications service, except cable service~
(13)T~lecommunications facilities or system: The plant, equipment and property
including, but not limited to, cables, wires, conduits, ducts, pedestals, antennae, electronics and other
appurtenances usedorto beused to transmit, receive, distribute, provide or. offer telecommunications
servIce.
(14)T elecommunications provider: Includes every person who provides telecommuni-
cations service over telecommunications facilities, except cable operators.
(15) Telecommunications service: The providing or offering for rent, sale or lease,
or in exchange for other value received, of the transmittal of voice, data, image, graphic and video
programming information between or among points by wire, cable, fiber optics; laser, microwave,
radio, satellite or similar facilities, with or without benefit of any closed transmission medium,
excluding cable service.
(16) Underground facilities: Utility and telecommunications facilities located under
the surface oftheground,.excluding the underground foundations or supports forOverheadfacilities.....
(17) Usable space: The total distance between the top of a utility pole and the lowest
possible attachment point that provides the minimum allowable vertical clearance as specified in the
orders and regulations of the Public Utility Commission.
(18) Utility facilities: The plant, equipment and property including, but not limited
to, the poles, pipes, mains, conduits, ducts, cables, wires, plant and equipment located under, on or
above the surface of the ground within the public ways of the City and used or to be used for the
purpose of providing utility or telecommunications services.
1:\ TELECOMM\ORDsign. WPD
May 20, 1998
Attachment B, Page 3 of 20
.
.
.
4.602 Telecommunications License. A telecommunications license shall be required of
any telecommunications carrier or cable operator who desires to provide telecommunications
services or cable service to persons in the City or to persons or areas outside the City using facilities
located in the City. Carriers who utilize facilities of another licensed carrier for the distribution of
their services shall be required to have a separate license. The purpose oflicensing under this Article
1 is to:
(1) provide the City with accurate and current information concerning the tele-
communications carriers and providers who offer or provide telecommunications services within the
City, or that own or operate telecommunication facilities within the City;
(2) assist the City in enforcement of this Chapter;
(3 )assist the City in the collection and enforcement of any municipal taxes, franchise
fees, license fees or charges that may be due the City;
(4) assist the City in monitoring compliance with local, State and Federal laws.
4.604 License Application. Any person that desires a telecommunications license pursuant
to this Article 1 shall file an application, using the form provided for such purpose; with the Public
Works Department which shall include the following information:
(1) The identity ofthe license applicant, including all affiliates of the applicant.
(2) A description of the telecommunications services that are or will be offered or
provided by licensee over its telecommunications facilities.
(3) A description of the transmission medium that will be used by the licensee to
offer or 'provide such telecommunications services.
(4) Preliminary engineering plans, specifications and a network map of the facilities
to be located within the City, all in sufficient detail to identify:.
(a) the location and route requested for applicant's proposed telecommu-
nications facilities.
(b) the location of all overhead and underground public utility, telecom-
munication, cable, water, sewer drainage and other facilities in the
public way which may by affected along the proposed route.
(c) the location(s), if any, for interconnection with the telecommunica-
tions facilities of other telecommunications carriers.
(d) the specific trees, structures, improvements, facilities and obstruc-
tions, if any, that applicant proposes to temporarily or permanently
remove or relocate.
1:\ TELECOMM\ORDsign. WPD
May 20, 1998
Attachment B, Page 4 of 20
.
.
.
(5) If the applicant is proposing to install overhead facilities within the public ways,
evidence that useable space is available for locating its telecommunications facilities on existing
utility poles along the proposed route, or a duly executed pole attachment agreement with an owner
of existing poles.
(6) If the applicant is proposing an underground installation in existing ducts or
conduits within the public ways, information in sufficient detail to identify:
(a) the excess capacity currently available in such ducts or conduits
before installation of applicant's telecommunications facilities;
(b) the excess capacity, ifany, that will exist in such ducts or conduits
after installation of applicant's telecommunications facilities.
(7) If the applicant is proposing an underground installation within new ducts or
conduits to be constructed within the public ways:
(a) the location proposed for the new ducts or conduits;
(b) the excess capacity that will exist in such ducts or conduits after
installation of applicant's telecommunications facilities.
(8) A preliminary construction schedule and completion date.
(9) Financial statements prepared in accordance with generally accepted accounting
principles demonstrating the applicant's financial ability to construct, operate, maintain, relocate and
remove the facilities.
(10) Information in sufficient detail to establish the applicant's technical qualifica-
tions, experience and expertise regarding the telecommunications facilities and services described
in the application.
(11) Information to establish that the applicant has obtained or will obtain all other
governmental approvals and permits to construct and operate the facilities and to offer or provide
the telecommunications services. Such approvals include, without limitation, any land use decisions.
(12) Identification of any adverse circumstances affecting the use of the public way,
and a description of efforts to mitigate such circumstances of efforts to mitigate such circumstances.
(13) All fees, deposits or charges required pursuant to this Chapter.
(14 )Such other and further information as may be required by the Public Works
Director.
4.606 Determination bv the City. Within 120 days after receiving a complete application
under Section 4.604 hereof, the Public Works Director shall apply the following standards, as
applicable, and, if the application conforms with the requirements of law, grant the application:
1:\ TELECOMM\ORDsign. WPD
May 20, 1998
Attachment B~ Page 5 of 20
.
.
.
(1) Demonstrated financial and technical ability of the applicant.
(2) Compliance with requirements of applicable State and federal laws and
regulations.
(3) The capacity of the public ways to accommodate the applicant's proposed
facilities.
(4) The capacity of the public ways to accommodate additional utility and
telecommunications facilities if the license is granted.
(5) The absence or minimization of damage or disruption of public or private
facilities, improvements, service, travel or landscaping if the license is granted.
(6) The minimization of the cost and disruption occasioned by construction within
the public ways.
(7) The ability of the applicant to provide services to the community and region.
(8) Measures taken to address any adverse effect on.publichealth,.safety and welfare
if the license is granted.
(9) The availability of alternate routes and/or locations for the proposed facilities:
(10) Such other factors as may demonstrate that the grant to use the public ways will
serve the community interest.
If the application is denied, the written determination shall include the reasons for
denial.
4.608 Public Way Use A2reement. No license granted hereunder shall be effective to
authorize the applicant to occupy or use the public ways of the City or to provide telecommunica-
tions or cable services. within the City until the applicant and the.City have executed a written
agreement setting forth the particular terms and provisions under which the licensee may operate or .'.
occupy and use public ways of the City and or provide telecommunications or cable services. In the
case of an agreement authorizing the licensee to provide service to persons or entities within the
City, such agreement may contain such provisions regulating such service as may be appropriate and
consistent with the Telecommunications Act of 1996 or the Cable Acts, as the case may be.
4.610 Nonexclusive Grant. No license granted under this Article shall confer any
exclusive right, privilege, license or franchise to occupy or use the public ways of the City for
delivery of telecommunications services or any other purposes.
1:\ TELECOMM\ORDsign. WPD
May 20, 1998
Attachment B, Page 6 of 20
.
..
.
4.612 Rie:hts Granted. No license granted under this Article shall convey any right, title
or interest in the public ways, but shall be deemed a license only to use and occupy the public ways
for the limited purposes and term stated in the grant. Further, no license shall be construed as any
warranty of title.
4.614 Term of Grant. Unless otherwise specified in a license agreement, a telecommunica-
tions license granted hereunder shall be in effect for a term of five (5) years, provided, however, that
no agreement shall grant a license for any term in excess often (10) years.
4.616 License Route. A telecommunications license granted under this Article shall be
limited to a grant of specific public ways or sites and defined portions thereof.
4.618 Coordination of Activities. All holders of a License shall be obliged to coordinate
their activities affecting the public ways and shall be obliged to participate in coordination meetings
to be held by the City not less than annually for the purpose of facilitating such cooperation and
coordination.
4.620 Compensation to City. Each license granted under this Article is subject to the
City's right, which is expressly reserved, to fix, as set forth in section 4.706, a fair and reasonable
compensation to be paid for the rights granted to the licensee; provided, however, that nothing in this
Article shall prohibit the City and a licensee from agreeing to the compensation to be paid. .
4.622 Amendment of Grant.
(1) A new license application and grant shall be required of any telecommunications
carrier or cable operator that desires to extend additional or different telecommunications services
in the City which are not included in a license previously granted under this Chapter.
(2) If ordered by the City to locate or relocate its telecommunications facilities in
public ways not included in a previously granted license, the City shall grant a license amendment
without further application.
4.624 Renewal Applications. A grantee that desires to renew its license under this Article
shall, not more than 180 days nor less than 90 days before expiration ofthe current license, file an
application with the City for renewal of its license which shall include the following information:
(1) The information required pursuant to Section 4.604 of this Article.
(2) Any information required pursuant to the Public Way Use Agreement or License
between the City and the grantee.
4.626 Renewal Determinations. Within 90 days after receiving a complete application
under Section 4.622 hereof, the Public Works Director shall issue a written determination applying
I:\TELECOMM\ORDsign.WPD
May 20, 1998
Attachment B, Page 70f20
.
.
.
the following standards, as applicable, and, if the application conforms with the requirements oflaw,
grant the application:
(1) Demonstrated financial and technical ability of the applicant.
(2) Compliance with requirements of applicable State and federal laws and
regulations.
(3) The continuing capacity of the public ways to accommodate the applicant's
existing facilities
(4) The applicant's compliance with the requirements ofthis Chapter and the Public
Way Use Agreement.
(5) Such other factors as may demonstrate that the continued grant will serve the
community interest.
If the renewal application is denied, the written determination shall include the
reasons for non-renewal.
4.628 Obligation to Cure As a Condition of Renewal. No license 'shall be renewed until
any ongoing violations ordefaults in the licensee's performance of the PublicW ay Use Agreement; .
or of the requirements of this Chapter, have been cured;, or a.plandetailingthe,corrective.actionto "
be taken by the grantee has been approved by the City.
TELECOMMUNICATIONS LICENSE - FEES AND COMPENSATION
4.700 Purpose. It is the purpose of this Article to provide for the payment and recovery
of all direct and indirect costs and expens~s of the City related to the enforcement and administration
of this Chapter.
4.702 Application and Review Fee.
(1) Any applicant for a license, including a renewaL or, amendment of an existing,
license, pursuant to Article 1 of this Chapter shall pay a fee fixed by resolution of the Council.
(2) The application and review fee shall be deposited with the City as part of the
application filed pursuant to Article 1 of this Chapter.
(3) An applicant whose license or franchise application has been withdrawn,
abandoned or denied within sixty (60) days of its application and review fee written request, shall
be refunded the balance of its deposit under this section, less:
(a) the non-refundable portion of the application and review fee, as fixed
by resolution of the Council, or
1:\ TELECOMM\ORDsign. WPD
May 20, 1998
Attachment B, Page 8 of 20
.
.
.
(b)
All ascertainable costs and expenses incurred by the City in connec-
tion with the application, whichever is greater.
4.704 Other City Costs. In addition to the application and review fee, all license or
. franchise grantees shall, within thirty (30) days after written demand therefor, reimburse the City for
all direct and indirect costs and expenses incurred by the City in connection with any issuance,
modification, amendment, renewal or transfer of the license or franchise or any license or franchise
agreement.
4.706 Compensation for use of Public Ways. Any holder of a Telecommunications
License using any public way shall pay to the City a fee for the use of the public way in an amount
to be fixed by resolution of the Council which fee shall be paid quarterly unless otherwise specified
in licensee's Public Way Use Agreement.
(1) For purposes of this section, in the event such feeis based upon gross revenues
of the licensee:
(a) for cable service, gross revenues shall include all revenue received on
account of services provided within the City;
(b)'.' for telecommunications services, gross revenue shan include aU'
revenues earned on services provided by'licenseeasfollows:
(1) connections betweeninterexchangeservices' or competitive'
carriers and any entity other than another. interexchange '.
carrier, competitive carrier or a telephone company providing
local exchange services;
. (2) connections between entities other than interexchange
carriers, competitive carriers or telephone companies provid-
ing local exchange services;
(c) when both end-points of a telecommunications service are located
within the City, gross revenue shall include the revenue associated
with the service;
(d) when one or both end-points of a telecommunications service. are
located outside the City gross revenueshallbecalculated'as G(i6) =
~io) X (CIT), where:
(i) (io) service between an address inside or outside
the City and an address outside the City, or
within the City if through another exchange,
(ii) R total revenues earned by Licensee for that
servIce,
linear feet of cable within City carrying that
servIce
total linear feet of cable carrying that service
(iii) C
(iv) T
I:\ TELECOMM\ORDsign. WPD
May 20, 1998
Attachment B, Page 9 of 20
.
.'
.
(2) to the extent pelmitted by law, the City Manager is authorized to accept payment
in kind for such portion of the fee as the Manager deems appropriate, if such payment in kind is
specifically described in the licensee's Public Way Use Agreement.
(3) Such fee shall be due on the 15th day following the beginning of each calendar
quarter, unless otherwise provided in a Public Way Use Agreement or Franchisee Agreement.
4.708 Comuensation for City Property. If the right is granted, by lease, license, franchise
or other manner, to use and occupy City property other than the public ways for the installation of
telecommunications facilities, the compensation to be paid shall be fixed by the City.
4.710 Annual Fees. Unless otherwise agreed in a license or franchise grant agreement, each
license or franchise grantee shall pay an annual license fee to the City in an amount fixed by Council
resolution as reimbursement for the City's costs in connection with reviewing, inspecting and
supervising the use. and occupancy of the public ways in behalf of the public and existing or future
users. Such fee shall be in addition to, and not in lieu of the compensation paid to the City for use
of the public ways.
4.712 Regulatory Fees and Compensation Not a Tax. The regulatory fees and costs'
provided for in this Article, and any compensation charged and paid for City propertyprovidedfor
in Section 4.708, are separate from, and additional to, any and all federal, state, local and City taxes.
as may be levied, imposed or due from a telecommunications carrier or provider, its customers or
..... subscribers',ar on account ofthelease, sale;delivery'or transmission oftelecommunicationsservices::- "
4.714 Penalties and Interest for Late Payment. If any fee provided for herein or in a
Public Way Use or Franchise Agreement shall not be timely paid, a penalty in the amount of 10
percent of such fee shall be assessed and due as of the date the underlying fee was due. Interest on
fees and penalties shall accrue at the rate of 1.5 percent per month, commencing with the fifteenth
day after the fee or penalty shall be due
4.716 Most Favored Community. Inthe eventthatthe Grantee enters intoanyagreement,.'
franchise or other understanding with another city, town, or county in the State of Oregon and which
provides terms or conditions more favorable to the city, town, or county than those provided in an
agreement with the City, such as, butnot limited to,rateofcompensationfor.useofthe:publicway,.
free or reduced fee hookups, access or service, the City shall be entitled to request at the City's
option, and the Grantee shall be required to execute, an amendment to the Agreement with the City
that incorporates the more favorable terms and conditions.
Section 4.
Work on or under the surface of the public ways.
a.
Section 3.206 of the Springfield Municipal Code is amended to read as follows:
1:\ TELECOMM\ORDsign. WPD
May 20, 1998
Attachment B, Page 10 of 20
.
.
.
3.206 Vacation--Rights.
All vacation ordinances shall contain the following statement: Nothing herein contained shall cause
or require the removal of, or the abandonment of any sewer, water main, gas main, conduit of any
kind, direct-buried cable, wire, pole or thing used or intended to be used for any public service. The
right is hereby reserved for the owner of any such utility or thing to maintain, continue, repair,
reconstruct, renew, replace, rebuild, and enlarge any and all such things.
b. Section 3.208 ofthe Springfield Municipal Code is amended to read as follows:
3.208 Work on or under Surface - Encroachment Permit Required.
(1) It shall be unlawful for any person to temporarily store articles as defined in 5.052(1) on
or during construction, to cut, break, dig up, damage in any manner, bore, jack or in any way
temporarily or permanently alter the surface of any highway, road, street, sidewalk, alley or other
public way within the corporate limits of the City without first obtaining an Encroachment Permit
as provided in this Article, provided, however, that a property owner may do non-utility work not
inconsistent with the terms of the easement within a public utility easement located on his or her
property. The violation of the provisions of this article.shall be an infraction within the meaning of
Chapter 5 of this Code.
(2) For the purposes ofthis Article "public way" shall have the meaning set forth in Section
4.600(11)ofthis:code; .
(3)No Encroachment Permit shall be..required for the:extension,:.repair, replacement,
relocation, etc. of utility lines, including telecommunications facilities, .when the work is in
conjunction with public improvement projects.
(b) No EncroachmentPermit shall be required for work done behind a sidewalk or
in the park strip (e.g., the replacement of meter boxes, utility poles, etc. as long as the pavement or
travel portion of the public right-of-way, including the curb, gutter, sidewalk or driveway, is not cut,
bored, jacked, etc).
(4) Whenever an Encroachment Permit is required, the permit ora:copy thereofshall. be
located at the work site while the work is being performed.
c. Section 3.210 of the Springfield Municipal Code is amended to read as. follows: . .
3.210 Work on or Under Surface-Security Deposit and Insurance.
(1) Before the issuance of any permit under this Article, the Public Works Director shall
require the applicant:
(a) to deposit such reasonable security as the Director requires to comply with the
provisions of this article and with the City's specifications pertaining to the conduct
of the work;
I:\TELECOMM\ORDsign.WPD
May 20, 1998
Attachment B, Page 11 of 20
.
.
.
(b) to agree to defend, indemnify and hold harmless the City from any and all costs,
damages and liabilities which may accrue or be claimed to accrue by reason of any
work performed under said permit;
(c) to carry public liability insurance sufficient in the judgment of the Director to
save the city and its employees harmless against any injury or damage resulting from
the acts of the applicant related to conduct of the work; and
(d) to file a Permit Status Report covering the work within 48 hours of its comple-
tion.
(2) The security deposit will be refunded when it is determined by the Public Works Director
at the time ,of the eleven month inspection as required in 3.222 that the work area in the public
right-of-way is in as good a condition or better than it was before the issuance of the Encroachment
Permit.
(3) A utility or contractor who does more than occasional work in the public ways may elect
to obtain a blanket surety bond to cover all work for a period of one year in an amount to be
determined by the Public Works Director, but not to exceed $500,000. The amount of the surety
bond will be based upon the anticipated number ofprojects to be completed within one year. Unless
renewed, the surety bond will be refunded, as above, after the:1ast eleven month inspectionrequired;':.'
(4) No Encroachment Permit shall be issued ,by the Public Works DirectorforstorageoL
articles in the public right-of-way during construction until the applicant first obtains' and furnishes',,'
to the City a copy or certificate of insurance in a sum of not lessthan$500,000 per occurrence for,
property damage, personal injury or wrongful death. Such insurance shall name and insure the City
from any and all liability or damages to persons or property sustained by any person, firm or
corporation resulting from the use of street, alley, sidewalk or other public way for which a permit
is granted.
A utility or contractor who does more than occasional work in the public way in the
course of one year may elect to have acopYJof its liability insurance on file with the City in lieu of
the above. In such cases, confirmation of insurance shall be required each year.: .,
d. Sections 3.212 and 3.214 of the Springfield Municipal Code are repealed'and .
subsequent sections renumbered accordingly;
e. Section 3.216 of the Springfield Municipal Code, as renumbered by subdivision (d)
of this section, is further amended to read as follows:
3.212 Work on or under Surface-Anplication for Encroachment Permit.
(1) Applications for the Encroachment Permit shall be on the form prescribed by the Public
Works Director, and accompanied by the fee therefor, in an amount fixed by the Council by
resolution. .
(2) Applications shall not be complete unless accompanied by the following:
1:\ TELECOMM\ORDsign.WPD
May 20, 1998
Attachment B, Page 12 of 20
.
.
.
(a) Four (4) copies of the work plan (the work plan shall be a map showing the work
site location, the type of work and the dimension of the work, etc).
(b) If applicable, a copy of a certificate of insurance as required in 3.210(2).
(c) If applicable, a State or County permit for work in the State or County
right-of-way within the corporate limits of the City.
(d) Any other information deemed necessary by the Public Works Director.
(3) The amount of security deposit required in 3.210 and the temporary storage fee required
in 5.052(2)(a), if applicable, will be determined during the plan checking process and will be due
at the time the permit is issued.
(4) The application process for the installation of tees or the connection to existing sanitary
and storm sewer lines requiring excavation of the public way shall follow building permit sewer
hook'-up procedure, and shall require issuance of an Encroachment Permit, provided, however, that
the applicant need not comply with subdivision(2)(a).
f. Section 3.218 of the Springfield Municipal Code, as renumbered by sub9ivision (d)
ofthis section, is further amended to read as follows:
Section 3.214 Work on or under Surface- Issuance'ofEncroachment'Permit;; .,
(1) The Public Works Director shall issue an Encroachment Permit if:.
(a} After the normal review process, he/she is satisfied that the proposed-temporary:
storage of articles and/or work to be done in the public way is feasible ,and proper; and '
(b ) that the application has' been madein accordance:with, this Article:.,
(2) At the time of issuance of the Encroachment Permit, the applicant shall:
(a) Deposit with the City of Springfield such security as determined by the Public
Works Director as provided for in 3.210(1) unless a blanket surety bond is already in effect;
(b) Pay the fee for the temporary storage of articles in the public right -of-way during
construction as provided for in 5.052(2)( d), if applicable;
(3) The rates and charges provided in section 3.212(1) and 3.214(3) are
for incurred costs based.orrthe use or availability for use of the public,way, the availability of which.. .
is necessary for the regulation of, and provision for, the public health, safety and welfare. The
charge is controlled- by the user's (or potential user's) request and' choice: of the kind, nature and
quantity of use.
(4) Exceptions:
(a) In case of emergency, the normal review process will be waived by the Public
Works Director. When so waived, the applicant will be able to perform the work at once, however,
the applicant shall still obtain an Encroachment Permit as required in this Article.
(b) A franchise holder, or party to a Public Way Use Agreement, under its agreement
with the City, or a utility making a payment to the City in lieu of taxes will not be required to pay
the permit fee for the Encroachment Permit.
I:\TELECOMM\ORDsign.WPD
May 20, 1998
Attachment B, Page 13 of 20
.
.
.
g. Section 3.220 of the Springfield Municipal Code, as renumbered by subdivision (d)
of this section, is further amended to read as follows:
3.216 Work on or under Surface-Conduct of Work.
(1) The conduct and quality of work performed in the public way shall be governed by:
(a) This Article.
(b) The terms of the application and permit
(c) The City of Springfield Standard Construction Specifications.
(d) The requirements ofthe current edition of the U.S. Department of Transportation,
Federal Highway Administration's Manual on Uniform Traffic Control Devices for Streets and
Highways(hereinafter MUTCD, and as amended by the Oregon State Department of Transportation
(hereinafter ODOT) supplements, all signs shall comply with any special provisions of the City of
Springfield; and
(e) Chapter 44 of the State Building Code. ,
(2) The cutting of pavement surfaces, trenching, filling, and repair of payment surfaces shall
conform to City of Springfield Standard Construction Specifications.
(3) Sections of sidewalk or driveway approaches shall be removed to the nearest score line,
saw-cut edge or cold joint.
(4) Traveled areas shall be backfilled and either temporarily-patched or permanently restored
within one working day after excavation, but no later than 5 :00 p.m. on Friday in order to eliminate.
weekend traffic,! disruption < and inconvenience. Permanent pavement. restoration shall . be ': .
accomplished within Jwo. (2) working days of any temporary pavement patch, weather permitting. .....
All backfills, .temporary.patches;'andpermanent pavement restorationshalLbe in accordance with, '
City of Springfield Standard Construction Specifications.
(5) At the close of each work day, all waste material shall be removed and the work area shall
be restored to a condition satisfactory to the Public Works Director.
(6) During the period between permit issuance and final inspection approval, the permit
holder is responsible for the cleanliness and general condition of all affected streets, alleys,
sidewalks, bike paths, parking lots and other public ways. Each permit holder shall be responsible
for not less than thecompletefrontageof.the property'covered.by the permit and from the centerline
of the street or other public way to the property line. '
(7) Upon completion of all work, the permit holder shall notify. the Utilities Coordinatorof .
the City of Springfield by completing and returning the Permit Status Report~ .
(8) The permit holder shall repair at its own expense: any: settlement;,defect'or damage that
may arise as a result of the excavation from the time of the completion of the work until the eleven
month inspection as required in 3.222(1)(c).
h. Section 3.222 of the Springfield Municipal Code, as renumbered by subdivision (d)
ofthis section, is further amended to read as follows:
3.218 Work on or under Surface-Safe~uards.
I:\TELECOMM\ORDsign.WPD
May 20, 1998
Attachment B, Page 14 of 20
<,
.
.
.
(1) It shall be the duty ofthe permit holder to safeguard the work area within the public way
with appropriate signs, barricades, and warning lights in a manner consistent with 3.216(1)(d) and
(e).
(2) The permit holder shall be responsible for furnishing security personnel at the work site
when, in the opinion of the Public Works Director, the public safety is so seriously endangered by
any work within the public right-of-way as to require constant supervision from dusk to daylight to
insure that all signs, barricades, and warning lights are in proper condition and that traffic is properly
routed around same.
i. Section 3.226 of the Springfield Municipal Code, as renumbered by subdivision (d)
of this section, is further amended to read as follows:
3.222 Work on or under Surface-Failure to ComDlv
(1) If an Encroachment Permit is required and not obtained, the Public Works Director may
. order an immediate halt to work being performed in the public way until such time that a permit is
obtained and located atthe work site. In such a case, the amount of the permit fee shall be two times
the normal fee and the violator shall be subject to a civil penalty not to exceed $500. Each day of
such operation shall be a separate violation. This penalty shall apply to all contractors,utilities,.etc.,
regardless of exemptions under 3 .214(4)( c).
(2) Whenever a permit holder engaged in construction 'on, public,or'privatepropertyis'
determined to be in violation of this section, the Building Officiator hislherdesignee may cause' a ..
, noticetobeposted1upon the.building,site informing the-permit holderthat no further, inspections wiU.~,
be made or approvals granted until all injurious or unsightly substances have been removed from the
street, alley, sidewalk, bike path, parking lot or any other public way. Whenever injurious or
unsightly substances from several distinct building sites have' contributed to the violations of this
section, the Building Official or his/her designee may cause such notice to be posted on each
building site fronting on the affected street, alley, sidewalk, bike path, parking lot or other public
way.
(3) If a permit holderfails to ,comply with any requirements of this Article, the Public 'Works
Director may order animmediate:halt to work being performed in,the public way and/or direct:City
personnel to perform the work and/or remove any stored articles. In addition to any other penalties
imposed by law, the cost necessary to perform the work and/or remove any stored articles will be
charged to the permit holder involved at a rate of three times the City's labor,'equipment andmaterial
costs, plus 40% overhead, or $200, whichever is greater.
j. Chapter 3 of the Springfield Municipal Code, as amended, is further amended by
adding thereto six new sections, to be sections 3.224 through 3.234 inclusive, to read as follows:
3.224 Placement of devices or structures in the DubHc way.
I:\TELECOMM\ORDsign.WPD
May 20, 1998
Attachment B, Page 15 of 20
.
(1) No structure or device shall be placed in, upon, over or under the public way unless the
owner of such structure or device shall be a party to a valid Public Way Use Agreement or
franchise authorizing the placement of such structure or device. Any violation of this
provision shall be an infraction within the meaning of Chapter V of this Code.
.
(2) Unless otherwise specified in a license, Public Way Use Agreement, or franchise
agreement, all structures and devices shall be constructed, installed and located in accordance
with the following terms and conditions:
(a) Where existing utility poles exist, telecommunication facilities shall be installed
on utility poles to the extent there is useable space.
(b) Where useable space does not exist on existing utility poles and cannot be made
available consistent with the provisions of the Springfield Development Code, or
where existing telephone, electric utilities, cable facilities or telecommunications
facilities are located underground, telecommunications facilities shall be installed
underground within a non-conductive duct or conduit including, if capacity exists,
within an existing underground duct or conduit.
(c) Whenever any new or existing telephone, electric utilities, cable facilities or
telecommunications facilities are required to be located or relocated underground
within a public way, the Public Works Director maydirectthatanyotherJicenseeor '.
franchisee that currently occupies the same public way concurrently relocate 'its'
facilities underground at its expense, if underground location of such facilities is
required by the provisions of Article 32 of the' Springfield Development:Code;,'
provided, however " that nothing in . this subsection. shall require "the , relocation: of
electrical transmission lines and backbone distribution features covered by Section
32.120(2) of the Springfield Development Code.
(d) Whenever new telecommunications facilities will exhaust the capacity of a public
way reasonably to accommodate future telecommunications carriers, the licensee or
franchisee placing such facility may be required to provide additional ducts, conduits,
maintenance holes and other facilities for nondiscriminatory access to future
telecommunications carriers at its expense.
(e) All structures and devices placed underground shall be locatable underground.
facilities within the meaning ofORS 757.541(6).
3.226 Location of Structures or Devices in the Ri2ht of Way;
(1) Prior to placing a structure or device in the right of way, the owner of such structure
or device shall secure a Placement Permit, which permit shall also serve as an Encroachment
Permit.
(2) Applications for Placement Permits shall on the form prescribed by the Public Works
Director and accompanied by the fee therefor, in an amount fixed by the Council by
resolution.
.
(3) Applications shall not be complete unless accompanied by the following:
I:\TELECOMM\ORDsign.WPD
May 20, 1998
Attachment B, Page 16 of 20
.
.
.
(a) A copy of the applicants Public Way Use Agreement or franchise agreement.
(b) A description of the facility to be placed.
(c) Four (4) copies of a work plan and schedule showing when and how the
placement shall be accomplished.
(d) If applicable, a certificate of insurance, as required under Section 3.21 O( 1 )
(e) If applicable, a State or County permit for work in the State or County
right-of-way within the corporate limits of the City.
(f) Evidence that the applicant is asubscriber to the Oregon Utility Notification
Center.
(g) Any other information deemed necessary by the Public Works Director.
(4) The amount of security deposit required in 3.210 and the temporary storage fee
required in 5.052(2)(a), if applicable, will be determined during the plan checking process
and will be due at the time the permit is issued.
(5) At the election of the Applicant, the Applicant may file a comprehensive Tele-
communications Placement Plan which describes all facilities it presently intends to install.
Such Plan is subject to approval of the Public Works Director and may be modified. from
time to time by the applicant with the approval of the Public Works Director. The fee for
review of such Plan shall be ,fixed by the Council by resolution.'
(6) If an Applicant has on file an approved comprehensive Telecommunications_.
PlacementPlan;:any application for ,a'Placement Permit-hereunder which :is.consistent with.,:., '.'
such approved plan shall be deemed approved unless the Public Works Director notifies the
applicant, within 48 hour of submission, that the application is disapproved, stating the
reasons for disapproval.
(7) If an Applicant does not have on file an approved plan, the Public Works Director
shall grant a placement permit under such terms and conditions as he/she shall deem
appropriate if the applicant demonstrates to his/her satisfaction that there is. no adequate
facility outside of the right of way for the placement and no excess, capacity tojnstall.an
additional facility.;
(8) The permit shall authorize the placement of such device or. structure' by. boring or,
jacking only, unless the Public Works Director shall determine it is in the best interests of
the City to allow the placement by open trenching.
(9) Upon completion of all work, the permit holder shall notify the Utilities Coordinator
of the City of Springfield by completing and returning the Permit Status Report, accompa-
nied by as-built drawings in such form as shall be determined by the Public Works Director.
(10) A party to a franchise agreement or Public Way Use Agreement, including a utility
making a payment in lieu of taxes, may apply to the Public Works Director for an annual
I:\ TELECOMM\ORDsign. WPD
May 20, 1998
Attachment B, Page 17 of 20
.
.
.
Placement Permit covering underground individual service connections. Such annual permit,
if granted, shall require the applicant to:
(a) provide 48 hours notice of work through the Utility Notification System;
(b) conduct all work pursuant to the requirements of Sections 3.212 through 3.222
of the Code;
(c) supply as-built drawings, in such form as the City shall require, for each
installation or connection;
(d) provide a monthly report to the City listing all activities performed pursuant to
the permit;
(e) provide and maintain a list describing the sizes and types of facilities to be placed
pursuant to the permit;
(f) designate an individual responsible for coordinating these activities with the City
and for responding to the City should additional information be required;
The Annual Placement Permit shall not be applicable to any installation requiring a cut in
the right of way between curb lines.
The Public Works Director shall deny such permit if the applicant is in violation of any of
the provisions of this Chapter or if the applicant has on three or more occasions in the twelve
months preceding the date of application conducted any operations in the public way in
violation of the provisions of this Chapter. Such permit, if granted; shall be subject to .
revocation upon a finding by the Public Works Director that the permittee,has, on three or
more occasions in'the immediatelypreceding 12 months, conducted operations in the public
way in violation of the provisions of this Chapter.
3.228 Relocation or Removal of Facilities. Within 30 days following written notice from the City,
a . licensee or franchisee shall, at its own expense, temporarily or permanently remove, relocate,
change or alter the position of any facilities within the right of way whenever the City Manager or
designee shall have determined that such removal, relocation, change or alteration is reasonably
necessary for:
(1) The construction, repair, maintenance or installation of any City or other public
improvement in or upon the right of way,
(2) The operations of the City or other governmental entity in or upon the right of way.
(3) The vacation of a public street.
3.230 Removal of Unauthorized Facilities. Within 30 days following written notice from the City,
any licensee or franchisee, utility, telecommunications carrier, or other person that owns, controls
or maintains any unauthorized system, facility or related appurtenances within the public ways of
the City shall, at its own expense, remove such facilities or appurtenances from the public ways of
the City. If such person fails to remove such facilities or appurtenances, the City may cause the
I:\TELECOMM\ORDsign.WPD
May 20, 1998
Attachment B, Page 18 of 20
.
.
.
removal and charge the owner for the costs incurred, plus 40 percent overhead, or $200, whichever
is greater. A system or facility is unauthorized and subject to removal in the following circum-
stances:
(1) Upon expiration or termination of the grantee's license or franchise.
(2 Upon abandonment of a facility within the public ways ofthe City.
(3) If the system or facility was constructed or installed without the prior grant of a license
or franchise.
(4) If the system or facility was constructed or installed without the prior issuance of a
required permit.
(5) If the system or facility was constructed or installed at a location not permitted by the
grantee's license or franchise.
(6) Any such other reasonable circumstances deemed necessary by the City Manager or
designee.
3.232 Failure to Relocate. If a license holder or franchisee is required torelocate, change or alter
the facilities hereunder and fails to do so, the City may cause such to occurand charge the grantee
for the costs incurred, plus 40 percent overhead, or $200, whichever is greater.
3.234 Emereencv Removal or Relocation of Facilities. The City retains the right and privilege to
cut or move any facilities located within the public ways of the City, as the City may determine to
be necessary, appropriate or useful in response to any public health or safety emergency.
Section 5. Saving Provisions. Nothing herein shall affect or alter any Franchise Agreement or
Public Way Use Agreement or license in effect as of the effective date ofthis Ordinance, provided,
however, that any franchise holder or party to such Public Way Use Agreement may, with the
consent of the City, abandon such franchise or agreement upon entering into a superseding Public
Way Use Agreement as provided in the provisions enacted herein. Any telecommunications carrier,
or telecommunications provider doing business in the City on the effective date of this ordinance
shall apply for a telecommunications license as provided herein not more than 120 days after the
effective date of this ordinance.
Section 6. Severability. Should any court of competent jurisdiction determine that a section or
part of a section of this ordinance is invalid, such invalidity shall not impair the effect or validity of
the remaining sections or parts of sections.
1:\ TELECOMM\ORDsign. WPD
May 20, 1998
Attachment B, Page 19 of 20
.
Section 7. Emergency. The regulation oftelecommunications providers and of use ofthe public
way are hereby found and determined to be matters affecting the public health, safety and welfare,
and it is further found and determined that an emergency exists. Therefore it is found and determined
that this ordinance shall take effect immediately upon its passage by the City Council and approval
by the Mayor
18th
ADOPTED by the Common Council of the City of Springfield this- 28th day of Ma y
1998,byavoteof~forand~against. (Councilor Maine was absent)
18th
APPROVED by the Mayor of the City of Springfield this .2G. day of May ,1998.
G;ff?1~
May
ATTEST:
.
, being first duly sworn, deposes and says that Bill
Morrisette, to me person own and known by me to be the persoU~ed in the foregoing
instrument did sign this ordinance with his hand in my presence this day ofl1ilL7Ar '
199fP. J;,yt1
. ~. "
Act trilg:.: CITY RECORDE D
NOTARY PUBLIC FOR OREGON
_OFFICIAL SEAL
SHARON L. HIGGINS
\ i NOTARY PUBlIC-OREGON
'. .,' COMMISSION NO, 302692
m COMMISSION EXPlRES AUG. 28. 2001
.
1:\ TELECOMM\ORDsign. WPD
May 20, 1998
Attachment B, Page 20 of 20
June 18, 1998 - 0rdinance No. 5891 was corrected to reflect the adoption date of
May 18, 1998, not May 20, 1998. Julie Wilson, City Recorder