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HomeMy WebLinkAbout3084ORDINANCE NO. 3084 AN ORDINANCE of the City of Port Angeles, Washington, regulating pole attachments within the City of Port Angeles and adopting Chapter 13.14 of the Port Angeles Municipal Code. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY ORDAIN as follows Section 1. A new Chapter 13.14 of the Port Angeles Municipal Code is hereby adopted ko read as follows: Sections: 13.14.010 13.14.020 13.14.030 13.14.040 13.14.050 CHAPTER 13.14 POLE ATTACHMENTS General Provisions Notification and Coordination. Construction Requirements. Pole Attachment Fees. Indemnification and Hold Harmless. 13.14.010 - General Provisions. The purpose of this Chapter is to ensure the safe and efficient use of overhead lines on 2ity -owned poles within the City's rights -of -way or public utility easements and to compensate :he City for the use of the poles. This Chapter establishes provisions necessary to ensure compliance with : Chapter 11.14 Telecommunications, Chapter 3.70 Revenues and Fees, Chapter 5.04 Licensing, Chapter 5.80 Taxation, Chapter 11.08 Construction or Excavation Work Within Rights -of -Way, Chapter 11.12 Right -of -Way Use, and Chapter 17.52 Wireless Telecommunications Towers and Facilities, Chapter 296 -44 Washington Administrative Code ;WAC) and the City's standard construction practices and specifications. This Chapter applies to all current or future electric and telecommunication system entities that attach lines, equipment, or other devices to City -owned poles, also referred to as "grantees" or "joint pole users ". This Chapter does not apply to joint pole users who have agreements with the City for . xisting line, equipment or device attachments, which agreements precede the effective date of :his Ordinance and are not terminated by the parties. This Chapter does apply, however, to new ine, equipment or device attachments proposed after the effective date of this Ordinance. 13.14.020 - Notification and Coordination. A. Notification required. Each joint pole user shall give prior written notification to the Director of Public Works and Utilities for each new pole attachment or any project that disturbs or affects other joint pole users. The notification shall be given in a timely manner to allow for necessary engineering and coordination by all affected joint pole users. The joint pole user shall receive written authorization from the City before attaching to City -owned poles. B. Response to City notifications. Each joint pole user shall within ten (10) calendar days respond to City notifications related to, but not limited to, maintenance, relocation, rearrangement, violations or abandonment of joint pole installations. C. Replacement or relocation of joint use poles. Whenever it is necessary to replace or relocate a joint -use pole, the City shall give notice thereof in writing at least thirty (30) days prior to the date on which it intends to change such pole (except in case of emergency, when verbal notice will be given and subsequently confirmed in writing) to the joint pole users. Each joint pole user shall relocate facilities to the new pole within sixty (60) days at the expense of the joint pole user as provided below. When circumstances warrant additional time to relocate, the Director may grant such additional time as is reasonable under the circumstances. 1. Relocation of poles requiring overhead lines to be relocated overhead. If such relocation is reasonably necessary for construction, alteration or improvement of the right -of -way for purposes of public health, safety and welfare, as required by the City, grantees may not seek reimbursement for their relocation expenses from the City unless otherwise provided for by law. In the event the relocation is requested by a private third -party, that third -party shall pay the cost of relocation. 2. Relocation of facilities from overhead to underground. If such relocation is requested by the City when reasonably necessary for construction, alteration or improvement of the right -of -way for purposes of public welfare, health and safety, the grantee may not seek reimbursement for its relocation expenses from the City, unless otherwise provided by law. If requested by a private third -party, the third -party shall pay the cost of such relocation. 3. Discontinued use of poles. In the event of discontinued use of poles by the City, all joint pole users may be afforded an opportunity to purchase such poles at a fair market value, in accordance with City policy and state law. D. City's reserved rights. The City, as pole owner, may deny access if the attachment project will result in adverse safety or reliability or generally accepted engineering standards not being met. Nothing herein contained shall be construed to compel the City to maintain any of its poles for a period _ onger than is necessary for its own service requirements. In the event the City wishes to liscontinue use of any such pole or poles and to remove, relocate and/or retire it or them, it shall ;end a written notice to that effect to the joint pole users and the joint pole users shall remove :heir attachments from such pole or poles within sixty (60) days after the sending of such notice or within such shorter period of time as is required in case of emergency. E. Coordination. Sufficient coordination, including submittal of project plans and exchange of nformation, shall take place between joint pole users so that the attachment does not create a violation of or conflict with any applicable legal requirement. All joint users shall promptly share design specifications for their infrastructure with others upon request. 13.14.030 - Construction Requirements. A. Construction Permit. 1. Use permit required. Joint pole users shall apply for and obtain a use permit in accordance with Chapter 11.08 PAMC Construction or Excavation Work Within Rights -of -Way. Upon completion of an attachment project, the modifying entity shall give written certification to the City that the attachment project is complete and complies with the use permit. 2. Certification of designs. Unless excepted by the City, cabling and pole attachment designs, specifically relating to pole strength and clearances considering all pole attachment uses, as required by Chapter 296 -44 WAC, shall be certified by a designer and approved by the City. 3. Approval to proceed. When the application is satisfactory and approved, one (1) copy of the plans, map, sketches, and application will be returned to the applicant along with written approval to proceed. 4. Completion certification. Upon completion of an attachment project, the modifying entity shall give written certification to the City that the attachment project is complete and complies with the use permit B. Safety. Joint pole users, in accordance with applicable national, state and local safety equirements, shall at all times employ ordinary care and shall install and maintain facilities and shall use commonly accepted methods and devices to prevent failures and accidents which are ikely to cause damage, injury or nuisance to the public. Joint pole users' facilities in, over, under Ind City rights -of -way or property, shall at all times be kept and maintained in a safe, suitable condition and in good order and repair. C. Violation of codes or standards. In any instance where the joint pole user's facilities are installed contrary to the Electrical Construction Code of the State of Washington or the City's standard practices and specifications, the joint pole user shall at its sole expense, and within thirty (30) days following written notice from the City, change, improve, or renew its installed equipment in such manner as the City may direct. If violation of any conditions applicable to the said installation is observed, the City reserves the right to stop construction immediately, and correction of the violation will be made before any part of the construction is continued. D. Guys and anchors. The joint pole user shall, at its expense, install guys necessary to support the strain mposed on any pole by the installation of its facilities. When existing anchors are adequate in size and strength to support the equipment of all joint pole users, a joint pole user may attach its zuys thereto. When anchors are not of adequate size and strength, the party whose new facilities -iecessitate additional anchors shall, at its own expense, install new anchors or request the owner o replace existing anchors with anchors adequate in size and strength. E. Responsibility for costs. The joint pole user shall bear all costs involved in contacting any pole owned by he City. If it is necessary for the City to do any work on poles to provide contact space, this work will be done only as crews are available to do so in their regular work schedule. Any other schedule will be on overtime rate at the expense of the company whose new facilities necessitate 'he work. F. Communications Space Available to Joint Pole Users. 1. Use of available space occupied by others. Where space is available and in compliance with the State of Washington Electrical Construction Code and all other applicable legal requirements, joint pole users engaged in the telecommunications utility business may be allotted contact space in the area occupied by other joint pole users. 2. Conditions of use. All joint pole users shall operate and maintain their communications facilities in such a condition as to avoid conflict or interference with other joint pole users. Additions to or alterations by a joint pole user shall be coordinated with all joint pole users. A joint pole user may not prevent the installation, alteration or maintenance of facilities of another joint pole user. Changes to communications facilities on a joint use pole shall be at the expense of the party whose activities necessitate the changes. G. Maintenance and Emergency Repairs. 1. Maintenance required. Each party shall at all times maintain all of its attachments, and perform any necessary tree - trimming or cutting incidental thereto, and shall keep them in safe conditions and in thorough repair. 2. Emergency work by City. In an emergency where it is necessary to clear lines and restore electric power to the City's customers as the result of an accident, windstorm, earth slide, or other condition where power lines, poles, or other supporting structures are damaged, destroyed or are in serious danger thereof, the City may transfer the joint pole user's facilities to new or other poles, or do any other work required in connection with the joint pole user's equipment necessary to restore electric service to the City's customers. The joint pole user shall reimburse the City for all costs incurred in connection with such emergency work done on the grantee's facilities. 13.14.040 - Pole Attachment Fees. On or about July 1st of each year, the City acting in cooperation with joint pole users shall determine the total number of grantee's pole contacts on City -owned poles as of the preceding lay. The grantee shall pay the City an annual rental fee covering the calendar year in which -he count is made within thirty (30) days after the bill has been submitted. The grantee may -eceive credit against the annual rental fee payable to the City for the total number of City pole contacts on grantee -owned poles as of the preceding day. The annual rental rate for each pole attachment shall be calculated as set forth in Chapter 3.70 PAMC. The fee shall be paid within thirty (30) days after the bill has been submitted and shall cover the calendar year in which the count is made. Applicable taxes of other jurisdictions are not included in the City's bill. 13.14.050 - Indemnification and Hold Harmless. The joint pole user shall defend, indemnify and hold harmless the City, its officers, officials, employees and volunteers from any and all claims, injuries, damages, losses or suits, including attorney fees, arising or issuing out of the joint use of City poles under this Chapter, -4- except as may be caused by the negligence or willful conduct on the part of the City of Port Angeles. Section 2 - Severability. If any section, sentence, or phrase of this chapter is held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence ar phrase of this chapter. Section 3 - Effective Date. This ordinance shall take effect five days following the date Df its publication by summary. PASSED by the City Council of the City of Port Angeles at a regular meeting this 18th of June , 2001. ATTEST: PUBLISHED: June 24, 2001 (By Summary) APPRO VED AS TO FORM: Craig D. tson, City Attorney F: \ORDINANCES &RESOLUTIONS \2001- 11.ord.wpd Summaries of Ordinances Adopted by the Port Angeles City Council on June 18, 2001 Ordinance No. 3082 This Ordinance of the City of Port Angeles amends Ordinance 2818 as amended and the Comprehensive Plan by revising the City's planning areas to specifically designate the area east of Race Street and the Port Angeles Urban Growth Area (UGA), by amending a policy in the Commercial Goals and Policies section of the Land -Use Element to clarify the intent, by amending policies in the Transportation Element to comply with the Growth Management Act, by amending policies in the Utilities and Public Services Element to allow for City services and facilities in the UGA without annexation, by adding a new item to the Objective section of the Conservation Element to facilitate compliance with the Endangered Species Act, and by amending sections of the Transportation Element, the Utilities and Public Services Element, and the Capital Facilities Element as requested by the Nonmotorized Advisory Committee. Ordinance No. 3083 This Ordinance of the City of Port Angeles regulates telecommunications facilities within City rights -of -way, establishes fees for such facilities, and adopts Chapter 11.14 of the Port Angeles Municipal Code. Ordinance No. 3084 This Ordinance of the City of Port Angeles regulates pole attachments within the City of Port Angeles and adopts Chapter 13.14 of the Port Angeles Municipal Code. Ordinance No. 3085 This Ordinance of the City of Port Angeles establishes reasonable fees to cover the costs of the Planning Department and Public Works Department associated with wireless telecommunication towers and/or electric or telecommunications facilities and amends Ordinance 2789 as amended and Chapter 3.70 of the Port Angeles Municipal Code. Ordinance No. 3086 This Ordinance of the City of Port Angeles relates to the City's business license regulations and the City's public utility tax for telecommunications businesses and amends Ordinances 2050 and 2183 as amended and Chapters 5.04 and 5.80 of the Port Angeles Municipal Code. This Ordinance takes effect on January 1, 2002. Ordinance No. 3087 This Ordinance of the City of Port Angeles relates to construction or excavation work within rights -of -way and amends Ordinance 2166 as amended and Chapter 11.08 of the Port Angeles Municipal Code. Ordinance No. 3088 This Ordinance of the City of Port Angeles revises the City's right of way use regulations and amends Ordinance 2350 as amended and Chapter 11.12 of the Port Angeles Municipal Code. Ordinance No. 3089 This Ordinance of the City of Port Angeles regulates wireless telecommunication towers and facilities within the City, establishes definitions, standards, and criteria for such facilities, amends Ordinance 1709 as amended, and amends Chapter 17.08 and adopts Chapter 17.52 of the Port Angeles Municipal Code. Ordinance No. 3090 This Ordinance of the City of Port Angeles grants the Public Utility District No. 1 of Clallam County, Washington, the non - exclusive right, privilege, authority, and franchise to own, operate and maintain facilities on any street in the City for the sole purpose of transmission and distribution of electric energy and repeals Ordinance No. 1200. This franchise shall take effect five days after publication by summary, subject to acceptance by the District in accordance with the provisions of the franchise. The full texts of the Ordinances are available at City Hall in the City Clerk's office or will be mailed upon request. Office hours are Monday through Friday from 8:00 a.m. to 5:00 p.m. Unless otherwise stated above, these Ordinances shall take effect five days after publication of these summaries. Becky J. Upton City Clerk Publish: June 24, 2001