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ORDINANCE 8-2005
AN ORDINANCE OF THE CITY OF OWENSBORO, KENTUCKY, AUTHORIZING, REGULATING AND PROVIDING
FOR THE CREATION AND SALE OF A FRANCHISE OR FRANCHISES, FOR THE PRIVILEGE OF INSTALLING,
OPERATING, MAINTAINING AND SELLING TELECOMMUNICATIONS SERVICES THROUGH FACILITIES
INSTALLED ON, ABOVE, ALONG AND BELOW PUBLIC RIGHT OF WAY WITHIN THE CITY OF OWENSBORO,
KENTUCKY, FOR A TERM NOT TO EXCEED TEN (10) YEARS, IN CONSIDERATION FOR WHICH THE
SUCCESSFUL TELECOMMUNICATIONS PROVIDER(S) (FRANCHISEE) SHALL PAY TO THE CITY AN ANNUAL
SUM AND/OR PROVIDE EQUIPMENT, FACILITIES OR SERVICES EQUAL TO FIFTY CENTS ($.50) PER
LINEAR FOOT FOR FACILITIES INSTALLED IN PUBLIC RIGHT OF WAY; AND FURTHER ESTABLISHING
A REGULATORY PROCESS UNDER THE TERMS OF WHICH TELECOMMUNICATIONS PROVIDERS SHALL BE
PERMITTED TO ENCROACH UPON AND REQUIRED TO EXCAVATE, AND RESTORE PUBLIC RIGHT OF WAY
WITHIN THE CITY IN ORDER TO CONSTRUCT, MAINTAIN AND REPAIR ITS FACILITIES; AND FURTHER
ESTABLISHING A BID PROCEDURE FOR THE SALE OF SAID FRANCHISE(S) AWARDED TO SUCCESSFUL
BIDDERS ON TERMS AND CONDITIONS SET FORTH HEREIN.
WHEREAS, the Constitution of the Commonwealth of Kentucky and KRS 82.082 authorize
municipal corporations to require public utilities and private entities, including
providers of telecommunications services to individuals and businesses within the
corporate boundaries of the City of Owensboro, Kentucky, to operate under franchise
agreements and to grant utilities and telecommunications providers the right to use
public right of way on such terms and conditions as are deemed reasonable and necessary,
provided they are not in conflict with the Kentucky Constitution or state statutes;
and
WHEREAS, the City of Owensboro, Kentucky, finds that as the telecommunications industry
develops, competition in the marketplace has the potential of creating service to
the community, generating a revenue stream and enhancing economic development in the
community; and
WHEREAS, the City of Owensboro, Kentucky, needs to establish regulations, standards
and time frames for telecommunications providers and systems that desire to utilize
public right of way in an effort to promote competition, insure reasonable and nondiscriminatory
use of the City's public right of way, minimize disruption of and damage to public
right of way, minimize the risk of personal injury and/or property damage to third
parties and protect the limited physical capacity of the public right of way; and
WHEREAS, telecommunications providers and systems should compensate the City of Owensboro
for the value of and use of its public right of way, for the cost of maintenance of
the public right of way, for the cost of regulating the use of the public right of
way, for depreciation of pavement within the right of way, additional cost of police
services to deal with traffic disruptions, and interference with the City's other
utility systems; and
WHEREAS, the City of Owensboro, Kentucky, further finds that the public right of way
to be used by Franchisees in providing telecommunications services is valuable public
property acquired and maintained by the City and State at great expense to taxpayers,
and allowing Franchisee to utilize said public right of way is a valuable property
right, thereby relieving Franchisees from investing substantial capital in right of
way costs and acquisitions. In addition, the administration of this ordinance imposes
additional regulatory responsibility and expense upon the City of Owensboro; and
WHEREAS, in order to protect the health, safety and welfare of the citizens of Owensboro,
Kentucky, to protect and preserve the City's public right of way and infrastructure
and to provide for the orderly administration of the franchise contemplated herein,
it is necessary and appropriate to require the successful franchisee to conduct its
business and operations in a lawful manner in compliance with the terms and conditions
set forth hereinbelow; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF OWENSBORO, KENTUCKY, AS FOLLOWS:
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