[HISTORY: Adopted by the City Council of the City of Trenton 9-7-1967
as Ch. XXIII of the Revised General Ordinances. Amendments noted where applicable.]
The City Council finds and determines as follows:
A.
The City of Trenton frequently receives requests from
various business entities engaged in the fiber optic cable communications
industry seeking the City's approval for the use of the City rights-of-way,
City streets, other municipally owned property and, in some instances, existing
easements which previously have been granted by the City to public utilities
for the purpose of installing overhead and/or underground cables, conduits,
wires and similar equipment.
B.
These requests appear to be a part of the beginning stages
of the information superhighway network for our country.
C.
Requests of the kind described involve substantial review
by the Engineering and Law Departments before approvals can be granted, often
involve the excavation of City streets, the provision of additional police
services during installation with the concomitant disruption of traffic and
public inconvenience and also involve additional time and expense for inspection
and expense arising out of potential liability.
D.
The City desires to be supportive of the emerging innovative
technology that fiber optic cable offers to its users, but not at the expense
of burdening City taxpayers.
E.
The imposition of a reasonable fee for approvals, licenses,
permit or subeasements which are approved and granted will balance the needs
of the businesses and of the City and its taxpayers and promote the public
safety and welfare, and ongoing maintenance of the City infrastructure.
In order to implement the purposes of this chapter, the application
process and license or permit fee schedule provided hereafter shall apply.
Any license or permit issued hereunder shall be valid for a period not
to exceed 30 years.
A.
All license or permit requests relating to activities
covered by this chapter shall be submitted to and coordinated by the office
of the Business Administrator, with a copy to the office of the City Engineer.
B.
Every applicant for the installation of fiber optic cable
shall submit to the City Engineer:
(1)
A plat showing the proposed location of the fiber optic
cable installation.
(2)
A depiction indicating whether the proposed installation
is overhead or underground.
(3)
Copies of all easements proposed to be used which have
previously been granted.
(4)
All consents for the use of any such easements.
(5)
Any requests for new easements.
Every application recommended for approval by the City Engineer, if
approved by Council, will require as a condition thereof, the following:
A.
A certificate of insurance naming the City as an additional
insured for general liability coverage in the amount of at least $2,000,000.
B.
An indemnification agreement, properly executed by the
applicant, which shall hold the City, its officers, agents and employees harmless
from any loss, claim or damage arising out of the installation, maintenance
or use of the fiber optic cable installed by the applicant, the form of this
agreement to be approved by the City Attorney.
C.
An agreement that the easement holder will permit the
City to use the holder's easement without consideration for the installation
of fiber optic cable for icy operations, provided that such installation will
not interfere with any fiber optic cable the easement holders may have previously
installed in the easement area.
B.
The City, at its sole discretion, may accept annual payments
in lieu of the above one-time payment so long as the total of the annual payments,
when subjected to a time/value of money analysis, equals the amount of the
one-time payment set forth above.
C.
The City may accept in-kind services or products in lieu
of the above fees if the City determines the that value of such products or
services meets or exceeds the total fee imposed by this section, as adjusted
by any time/value of money calculation appropriate and necessary to the nature
and timing of the in-kind contribution, as evidenced by a certification to
that effect submitted to the Mayor and Council by the City Attorney.
