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HomeMy WebLinkAbout1994 Ordinance No. 036ORDINANCE NO.~ SERIES OF 1994 BY AUTHORITY COUNCIL BILL NO . 40 INTRODUCED BY COUNCIL MEMBER BURNS AN ORDINANCE AMENDING TITLE 12, CHAPl'ER 4, OF THE ENGLEWOOD MUNICIPAL CODE ;985, PERTAINING TO FIBER OPTICS . WHEREAS, licer,sing of fiber op ic1 wu enacted by the passage of Ordinance 15 , Serie s of 1987 ; and WHEREAS, the Fiber Optics Ordinance of 1987, established an annual lineal foot fe e for hanging cable and underground cable, on certain companies who lay fiber optic cable in Englewood; and WHEREAS, in 1987 fiber optics was an infant technology and was thought to carry a high level of financial an d health-related ri sks associated with inadvertent cut, of a fiber optic cable line; and WHEREAS , responding to these risks, many municipalities, including the City of Engl ewo od moved to regulate fi be r opti cs in order to provide protection from the perceived fi nancial and hoahh riu.1 auoc:iated with the infant technolrgy; and WHEkE.lS , since the passage of this ordinance, telecommunications techno: ,gy has changed dramatic~lly ; and WHEREAS , instead of representing "cutting edge," fiber optics is now commonplace, and telecommunication1 compan ies are moving rapidly to place fibf.r optics throughout the nation ; and WHEREAS, fiber optics t.e<hnology has gained such promi nence that national polici es are being di scussed that will encourage the development. of a nation•wide fiber optics infrastructure; an d IVh~REAS , Englewood's current ordinance on fiber op t ics is perceived by telecommunication s co mpanies as "anti-fiber opt ic '' and may result j ,l Englewood becoming "techn ologically poor"; and WHEREAS, the annual lineal foot fee may result in telecommunication compani es delayi ng their plan s, if not abandoning them altogether in the City of Englewood : and WHEREAS , as fiber optic cables are placed in surrounding communities, En glewo od may soon find itself without the t ,chnological infrastructure neces sary to mee t t he demands of global economic trends; NO W, THEREFORE. BE IT ORDAINED BY THE CITY COUNC IL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Setl.iluLl . Th e City Council of the City of Englewood, Colorado hereby authorizes the amendm ent of Title 12 , Cha pter 4, Section 2, of the En gle woo d Municipal Code, 1985 , which shall r ead as follows : -1 - 12-4-2: LICENSES ISSUED, CONDfflONS: The City Director« Public Works and/or Utiliti e■ may iuu.e 1Uth llcen11 1 to any penon, firm or corporation, private or 1-~uhlic1 upon such terms and condition• as he ■hall rea ■on ■bly determine and such licenu a,reement shall provide for the following : A . All construction shall comply with and conform to the standards formulated by the Director of Public Work■ and/or Utilities. B. ALL TECHNICAL STANDARDS GOVERNING CONSTRUCTION, RECONSTRUCTION, INSTAJ.LATION, OPERATION, TESTING, USE, MAINTENANCE, DISMANTLING OR OTHER ACTIVITY RELATED TO F1BER OPTIC CABLE PROVIDED FOR HEREIN SHALL BE IN ACCORDANCE WITH ALL APPLICABLE FCC AND OTHER FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS, INCLUDING BUT NOT LIMITED TO THE ELECTRICAL CODE AND THE SPECIFIC MODIF1CATIONS TO THAT CODE SET FORTH IN ARTICLE 8, CHAPTER 2D, OF THE ENGLEWOOD MUNICIPAL C0DE AND THE STANDARD FOR PHYSICAL LOCATION AND PROTECTION OF BELOW GROUND FIBER OPTIC CABLE PLANT AND THE SPECIFIC MODiF1CATIONS TO THAT STANDARD SET FORTH IN ARTICLE 12, CHAPTER 4 , SECTION 5 OF THE EI\GLEWOOD MUNICIPAL CODE. C . T!-,E LICENSEE SHALL BE RESPONSIBLE FOR COMPLYING WITH THE P'i RMIT, BOND AND LIABILITY PORTIONS OF TITLE 11, CHAPTER 3C Of '!'liE ENGLEWOOD MUNICIPAL CODE. &. D The City shall have the right at all times to maintain, install, repair, rem ove or relocate the facilities or installation• within the City's right--0f-way . The City re,erves the exclusive right to control all euementa and installation s. G. E. In th• ev•.1t that any use by the licensee should interfere with any future use of the rigl;t-of-way by the City, the licensee shall, upon request and at his sole e~nse, relocate, rearrange or remove its instal1ation so a.snot to interfere with such use . D. F . An y repair or replacement of any City installation made necessary in the opinion of the City's Director of Public Works and/or Utilitie1 for any reason shall be made at the sole expense of the licensee. E. G. All rights and privileges granted in any license issued hereby shall be subject to prior agreements, licenses and/or gr-ants, recorded and unrecorded, and it shall be the licensee's sole respons ibility to determ;ne the existence of said docnments or conflicting use■ or in,tallations. NOTHING IN THIS ORLINANCE SHALL IN ANY WAY LIMIT THE CITY'S RIGHTS TO ENFl 'RCE ORDINANCES AND PROVISIONS RELATIVE TO FRANC HISI NG OR CONTRACTING. F . H. The licensee shalrcontact and fully cooperate with the City Director of Public Wo rk s and/or Utilitia,.; to eliminate or minimi ze interference with any lawful , usual or ordinary u se of the public right-of-way. G. I. Th e li cen se e shall not pla ce , nor all ow to be placed , any equipment without the app roval as to location and mean s of installation, including mean s of construction, of the Direct.Jr of Public ar.d/o r Utilities. -2 · ff. J . I. K. The licen oee 1h1II usume all rilk1 incident to the in1tallation. All licenaee1, by acceptance of their lieenae, upnuly uoume full and strict liability for any and all damqe of any nature to penon1 or property caused by their in 1tallatton. J, L. The li cen1ee ,h all indemnify and uve harmle11 the City, ill officers and employee&, again st any and all claima, damagea, action, or causes of action s and expenaes to which it or they may be subject by reason of aai~ in1tallation beine within and acrou the premise& of the City or by rauon of any work d1 .ne or om iuion made by the lic ensee, its agents or employees in connection wi · .h th e con struction, replacement, maintenance or repair of said installation . K. M. The licensee expressly qrees that in the case of licen-'• breach of any of th e provi1ion s set out in this Chapter, the City may, at itl option, have s pecific performance therefor or sue for damagu re1ulting from aaid breach . N . THE LICENSEE SHALL KEEP ACCURATE, COMPLETE AND CURRENT MAI'S AND RECORDS OF ITS SYSTEM AND FACILITIES WHICH OCC UPY THE STREETS, PUBLIC WAYS AND PUBLIC PLACES WITHIN THE CITY AND SHALL FURNISH, AS SOON AS THEY ARE AVAILABLE, TWO (2 ) COMPLETE COPIES OF SUCH MAPS AND RECORDS TO THE DEPARTMENT OF PUBLIC WORKS. Si:s:tilm..2 . The Englewood Municipal Code Title 12, Chapter~. Section 3, ANNUAL LI CENS E AND TERM O F LICENSE, is hereby amended to read as follows : 12-4-3 : ANNUAL LICENSE AND TERM OF LICENSE: Each licensee shall pay a license fee of ONE HUNDRED DOLLARS ($100.00). one dollar E.l.08! per hneal foot of cable 01 otl,er ift st,allotion witl,in tl,e Git), •nlua s•el, eehle er otl,e, m•Hatioft i• on or befteatl, tl,e pttblic right of .. a,, i" .. hiclt eate th, lieeftse ke ot,all lie~ .. • dollan E.2 .99) per linea l fo ot. Said fee sh a ll be for each calendar year for which a license is held or during which any bus in ess a ctivity relatin g to said cable or other in&talla tion, or planning therefor, sh a ll be co nduct ed within the City. Said li ce nse fee shall be in a ddition to any and all other fees or taxes provi ded for unde r thi s Code . The li ce n se issue d here under shall be for a period of on e year or fraction the reof a nd shall ex pire on the last day of Dece mber of each ca lendar year. S!:J:1.i.wL.a . The Engle wood Municipa l Cod e is h er eby ame11 ded by adding a new Sect ion 4 , Standa r d Adopted, whic h sh a ll read as foll ows : 12-4-4-A: STANDARD ADOPTED: THERE JS HEREBY ADOPTED BY REFERENCE THERETO, THE ELECTRONIC INDUSTRIES ASSOC IATION/l'ELECOMMUNICATIONS INDUSTRY ASSOCIATIO N STAN DARD FOR PHYSICAL LOCATION AND PROTECT IO N OF BELOW- GROUND FIBER OPTI C CABLE PLANT, 1991 EDITION , PUBLISHED BY THE ELECTRON IC I NDUSTRI ES ASSOCIATION ENGINEERI NG DEPARTMENT, 200 1 PE NN SYLVANIA AVE NU E, N .W., WASHINGTON, D.C . 20006, WITH TH E SAME FORCE AND E FF ECT AS IF TH E SAM E WERE FU LLY SET FO RT H H EREI N , SUBJECT TO T HE EXCEPTIO NS, MODIFICATIONS AND AM E N DMENTS SET FORT H IN SU BSECTION B, OF THIS SECTION. TH E -3 - CLERK SHAV, MAINTAIN AT ALL TIMES COPIES OF THE CODE AVAILABLE FOR PURCHASE BY THE PUBLIC AT A REASONABLE PRICE. B . SPECIFIC MODIFICATIONS TO ADOPJ'ED CODE: THE FOLLOWING MODIFICATIONS ARE HEREBY MADE IN THE PROVISIONS OF THE ELECTRONIC INDUSTRIES ASSOCIATION ENGINEERING DEPARTMENT, 2001 PENNSYLVANIA AVE ., N. W. WASHINGTON, D.C. 20006, HEREIN ABOVE ADOPTED . 1. AN ENCASED METALLIC TRACER SHALL BE REQUIRED WITH THE UNDERGROUND WARNING TAPE AND SHALL BE MANDATORY IN ALL INSTANCES. 2 . A . A DISTANCE OF TEN FEET OF HO RIZONTAL SEPARAT ION BETWEEN A FIBER OPTIC LINE AND A WATER, SEWER, STORMWATER OR GAS LINE SHALL BE REQUIRED. HORIZONTAL SEPARATIONS OF LESS THAN TEN FEET MUST BE APPROVED lN WRITING B 1 THE DIRECTOR OF UTILITIES. B . WHERE FIBER OPTIC CABLES ARE PLACED CWSER THAN TE N HORIZONTAL FEET FROM A WATER , SEWER, OR STORMWATER MAIN , THE FIBER OPTIC CABLE SHALL BE SU BSERVIENT TO THE WATER, SEWER, OR STORMWATER MA I N . C . SHOULD THE CITY FIND lT NECESSARY TO EXCAVATE TO REPAIR, REPLACE, MAINTAIN, REMOVE, OR EXTEND ANY OF - ITS FACILITIES, AND THE FIBER OPTIC CABLE HAS BEEN PLACED, WITH THE DIRECTOR'S APPROVAL, HORIZONTALLY WITHIN TEN FEET OF SAID FACILITY AND IS lN THE WAY OF SAID REPAIRS, REPLACEMENTS, MAINTENANCE, REMOVAL OR EXTENSION, THE CITY SHALL NOTIFY THE FIBER OPTIC CABLE OWNERS T HAT THEIR FIBER OPTIC LINE MUST BE MOVED OR REMOVED . NOTIFICATION SHALL BE PURSUANT TO THAT PRESC RIBED IN C.R.S. 9-1.5-101 ET SEQ. SHOULD THE OWNERS OF THE FIBER OPTIC CABLE , AFTER NOTIFICATIO N, FAIL TO MOVE OR REMOVE THE CABLE , THE CITY SHALL MO VE OR REMOVE THE CABLE AN D BILL THE OWNER F OR THI S EXPENSE BUT SHALL N OT ACCEPT LIABILITY FOR THI S AC T IO N . ~-The ge nernl pe n alty provi sion of'E.M.C. l +l , sl,all apply to each and every viol a t ion of th is Articl e or any pa rt of th is Articl e including the cod es and standards adopted by refe rence . Introduced, r ead in full , am en ded and passed on fir st r eading on the 5th day of J ul y, 1994 . -4 - Published as a Bill for an Ordinance on the 7th day of July, 1994. Read by title and passed on final reading on the 18th day of July, 1994 . Publish ed by title a, Ordinance No& Series of 1994 ~ L f~i.1/l.., Loucrishia A. El:is, City Clerk I, t.oucrishia A Elli s, City Clerk of the City of Englewood, Colorado, hereby certify that the above and forego in g is a true cop:i,l'.f the Ordinance passed on final reading and published by title as Ordinance No . 2},Z Series of 1994 . t,~t!tM - toucrishia A Ellis .5 .