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Form a Business

RIGHTS-OF-WAY OCCUPANCY MANAGEMENT

Tulsa Revised Ordinances tit. 11, ch. 12
in effect

Tulsa Revised Ordinances tit. 11, § 1200 Intent and purpose.

Section 1200. - Intent and purpose. A. In order to provide for the public health, safety and welfare of the citizens of the City of Tulsa, as well as to ensure the structural integrity of the City's streets and related infrastructures; to minimize the disruption to the traveling public; and to ensure costs incurred by the City to acquire, maintain and manage the rights-of-way are properly allocated among the various users of the rights-of-way, the City hereby establishes standards for authorizing and managing the placement of facilities in rights-of-way; performing installation, maintenance and other work in the rights-of-way; and appropriately recovering costs incurred by the City related to such activities. B. It is the intent of this chapter to charge those persons that own, manage, operate or control the facilities located in the rights-of-way a fee based upon the proportion of facilities they have in the rights-of-way to the amount of costs the City of Tulsa incurs in acquiring and maintaining the rights-of-way. It is not the intent of this chapter to collect fees from resellers, even though they may use facilities in the rights-of-way. It is not the intent of this chapter to prohibit those persons that own, manage, operate or control the facilities in the rights-of-way from passing the fees they pay pursuant to this chapter along to their customers and others, including resellers. C. It is the intent of this chapter that all trunk, mainline, area or system-wide facilities, unless otherwise authorized by a special use permit, franchise or otherwise, shall only be located within arterial rights-of-way as defined by this chapter. It is intended that local or individual distribution lines directly attaching to individual customer service lines shall usually be located in a rights-of-way which is not an arterial rights-of-way. In any instance where the classification of a line as a trunk or local line is not clear due to specific fact circumstances pertaining to said line, the classification determination shall be made by the rights-of-way occupant with due regard to the primary function and purpose being served by the line. (Ord. No. 19945)

Tulsa Revised Ordinances tit. 11, § 1201 Name and scope.

Section 1201. - Name and scope. A. Title 11, Tulsa Revised Ordinances, Chapter 12, shall be known and may be cited as, "The Rights-of-Way Occupancy Management Ordinance." Except as otherwise provided herein or prohibited by applicable law, this chapter shall apply to all rights-of-way occupants, whether under the authority of a franchise, permit, license or any other type of grant. B. This chapter shall not apply to any ownership, installation, operation or maintenance of the plants and systems of Public Service Company of Oklahoma (PSO) or Oklahoma Natural Gas Company, a division of ONEOK, Inc. (ONG) on, in or upon the rights-of-way of the City which is performed and carried out in accordance with the terms and provisions of the grant or franchises between the City and PSO (Title 15, Chapter 4, Tulsa Revised Ordinances) and ONG (Title 15, Chapter 3, Tulsa Revised Ordinances), and their successors and assigns. C. This chapter shall not apply to the transportation, distribution or sale of natural gas or electricity. (Ord. Nos. 19945, 21393)

Tulsa Revised Ordinances tit. 11, § 1202 Definitions.

Section 1202. - Definitions. For the purposes of this chapter, the following terms, phrases, words and abbreviations shall have the meanings given herein, unless otherwise expressly stated. When not inconsistent with the context, words used in the present tense include the future tense; words in the plural number include the singular number; words in the singular number include the plural number; and words defined in upper and lower case shall have the same meaning as words in all lower case. Words used in the masculine gender comprehend, as well, the feminine gender and neuter. The words "and" and "or" may be read conjunctively or disjunctively. The words "shall" and "will" are mandatory, and "may" is permissive. Unless otherwise expressly stated, words not defined in this chapter shall be given the meaning set forth in Title 47 of the United States Code, and, if not defined therein, their common and ordinary meaning. References to governmental entities (whether persons or entities) refer to those entities or their successors in authority. References to laws, ordinances or regulations shall be interpreted broadly to cover government actions, however nominated, and include laws, ordinances and regulations now in force or hereinafter enacted or amended. Affiliate means a person that directly or indirectly, or through one or more intermediaries, owns or controls, is owned or controlled by (in whole or in part), or is under common ownership or control of, another person. Arterial rights-of-way means the vehicle traffic lanes under the control and maintenance jurisdiction of the City of Tulsa, including the strips of land on each side thereof, on freeways, parkways, special traffic ways primary, secondary and urban arterial streets, all as defined and established by the adopted and currently effective Tulsa City-County Major Street and Highway Plan. The term shall also apply and have reference to the street system within Tulsa's Central Business District, as defined in the City of Tulsa's adopted Comprehensive Plan, and more particularly described as the street network bounded on the east by the east leg of the inner dispersal loop, the west by I-244, north by I-244 and on the south by the Broken Arrow Expressway. The rights-of-way administrator shall maintain copies of the referenced plan maps for the convenient reference by rights-of way occupants. Basic local service means a terrestrial telecommunications service that employs an access line and dial tone (or the equivalent thereof) to provide access from the premises of residential or business customers to other lines for the transmission of, among other things, two-way switched or voice or data communication in the local calling area without additional, usage-sensitive charges, including: A. Voice grade access to the public switched network, with the ability to place or receive calls; B. A primary directory listing; C. Dual-tone multi-frequency (DTMF) signaling or its functional equivalent, also known as touch tone service; D. Single-party service; E. Access to operator services; F. Access to directory assistance services; G. Access to telecommunications relay services for the deaf or hard-of-hearing; H. Access to nine-one-one service where provided by a local governmental authority or multi-jurisdictional authority; I. Access to interexchange long distance services; J. Data communications via a modern attached to a voice line with access to the public switched telephone network; and K. Provision of services or facilities to resellers of any of these services. This definition does not include the resale of services to subscribers, or the provision of wireless telephone service. Cable service. The one-way transmission to subscribers of video and audio programming or other programming services and subscriber interaction, if any, which is required for the selection or use of video and audio programming or other programming services provided through electric or electronic signals, or which utilizes a cable system, an open video system or any other facility designed to provided video and audio programming services to subscribers, but excluding IP video service. By the exclusion of IP video service from this definition of cable service, the City shall not be deemed to have waived any of its rights to assert that any ROW occupant providing IP video service is providing cable service. Cable television system or cable system or system. Facilities consisting of antennae, coaxial cables, fiber optic cables, wave guides, conductors or other closed transmission paths and associated signal generation, reception and control equipment, and other equipment designed to provide cable service or cable service and communications service to subscribers and users. Channel means a portion of the electromagnetic frequency spectrum which is used to provide cable service and which is capable of transmitting a television channel as defined by the Federal Communications Commission. City means the City of Tulsa. Communications service means the offering of telecommunications for a fee directly to the public, or to such classes of users as to the effectively available directly to the public, regardless of the facilities used. Communication service shall also include, but not necessarily be limited to, basic local service, enhanced service, digital transmission service and non digital point to point or private line service. Communication service does not include cable service. Communications service gross revenues means all revenues received from or in respect of subscribers to or users of communication services exclusive of revenues received from the imposition of City, state or federal taxes or fees. Digital transmission service means digital transmission services, including but not limited to the following: A. Digital subscriber line (DSL); B. Asynchronous transfer mode (ATM); C. Packet switched data; D. Frame relay; E. Integrated services digital network (ISDN); F. Dedicated digital or switched digital connections, including but not limited to fractional T-I, T-1 and higher capacity offerings (i.e., OC-3); and G. Virtual private networks provided by LEC's within the City of Tulsa. Emergency means a condition that poses a clear and immediate danger to life or health, of a significant loss of property, or requires immediate repair or replacement in order to restore service to the public or a customer. Elevation view means the product of the equipment's maximum height and width utilizing the largest side of the equipment. (For example, an equipment cabinet with exterior dimensions of three (3) feet × four (4) feet × two (2) feet would have an elevation view of twelve (12) square feet; a generator with exterior dimensions of four (4) feet × four (4) feet × five (5) feet would have an elevation view of twenty (20) square feet; and, a traffic control box with exterior dimensions of seven (7) feet × two (2) feet × four (4) feet would have an elevation view of twenty-eight (28) square feet. Enhanced service means a service that is delivered over communications transmission facilities (whether owned or leased), including but not limited to: A. That which changes the content, format, code or protocol of transmitted information; B. Provides the customer new or restructured information; C. Involves end-user interaction with information stored in a computer; D. Service enhancements and features, including but not limited to call forwarding, call waiting, caller ID, automatic call back, call return, three-way calling, speed dialing or assisted dialing; and E. Provision of services or facilities to resellers of any of these services. This definition does not include the resale of services to subscribers, or the provision of wireless telephone service. Excavate means to dig into, around or under, or in any way remove or physically disturb or penetrate any part of the rights-of-way, including but not limited to boring, blasting, pushing and drilling holes for the installation of poles or conduit. Facility or facilities means all or any part of a collective system of tangible things, including but not limited to pipelines, conduits, copper or fiber optic cabling, pedestals, guy wires, anchors, vaults, junction boxes, utility poles and electrical wiring, that is partly or entirely located in the rights-of-way and is used for the transmission of goods or services, including but not limited to natural gas, steam, chilled or potable water, electricity, video service or telecommunications service, regardless of whether the services are provided for a fee, or provided to the general public, to a limited group of private users, or solely for the benefit of the owner of the system. Franchise holder means a holder of an approved public service franchise. IP video service, internet protocol video service or internet protocol (IP)-enabled video service means the provision of video programming over an IP video system. This term shall not include any video programming provided as part of a service that enables users to access content, information, e-mail or other services offered over the public Internet. By identifying itself as a provider of IP video service as provided in this definition, a ROW occupant shall not be deemed to have waived any of its rights to assert that the provision of IP video service is not subject to regulations provided in this chapter. IP video system means any facility using a switched (point-to-point) network architecture and using an internet protocol (IP) platform to provide IP video service to multiple subscribers within the City. Local exchange carrier (LEC) means any person that is engaged in the provision of telephone exchange service or exchange access over facilities located in the rights-of-way. This definition includes incumbent carriers, competitive access carriers, alternative carriers and integrated telecommunications service providers. This definition also includes subsidiaries of LEC's and carriers providing only or mainly specialized and broadband telecommunications services. If an LEC employs a mix of terrestrial or guided media and wireless technologies, such as last mile radio or optical access, that LEC is not considered a wireless telephone service provider. Major project means projects that exceed five hundred (500) feet in length, or require boring under an arterial rights-of-way, or the cutting of any pavement in an arterial rights-of-way, or involve the installation of an additional transmission pole, or the blockage of any traveling lane in any arterial rights-of-way, for any amount of time. Mayor means the Mayor of the City of Tulsa as established by the Charter of the City of Tulsa. Non-digital point to point or private line service means service over facilities dedicated for the use of a particular subscriber or carrying transmissions solely between specified points on behalf of such a subscriber, including but not limited to the following: A. E and M tie trunks; and B. Other lines or circuits for telemetry, signaling or other uses. This definition does not include the resale of services to subscribers, or the provision of wireless telephone service. Obstruct means to place any tangible object or material in the rights-of-way in a manner that stops, hinders, disrupts or otherwise interferes with free and open passage over a specific area or part of the rights-of-way. The term does not include the otherwise legal parking of a vehicle subject to all the current parking regulations of Title 37, Tulsa Revised Ordinances. Occupancy permit means a grant of authority from the City to occupy the rights-of-way for the purposes of placing, owning, operating or managing facilities in the rights-of-way. Occupancy permit holder means any person holding an occupancy permit. Open video system (OVS) means any facility consisting of a set of transmission paths and associated signal generation, reception and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within the City, provided that the Federal Communications Commission (FCC) has certified that such system complies with Title 47 United States Code, Section 573 and Title 47 Code of Federal Regulations, Subpart S, as amended. Permittee means any person to whom a ROW construction permit has been issued. Person means any natural or corporate person, business association or other business entity, including, but not limited to, a partnership, a sole proprietorship, a corporation, a limited liability company, a political subdivision, a public or private agency or authority of any kind, a utility, or a successor or assign of any of the foregoing or any other legal entity, but not the City. Professional liability insurance means liability insurance including those requirements commonly defined as malpractice insurance, which provides protection from loss sustained because of error or oversight in advice given or expertise relied upon as integral to the project. Public service franchise means the authorization granted by the City, and approved by a vote of the people, giving the grantee the nonexclusive right to provide, through public facilities maintained or operated upon, across, beneath or over any rights-of-way in the City, any general public service, including heat, light, power, refrigeration or steam, but not including telecommunications services or cable television service, within a defined franchise area. Rights-of-way occupancy fee means an annual charge that recovers an apportioned share of the actual costs to the City of acquiring and maintaining the arterial rights-of-way. Rights-of-way construction permit or ROW construction permit means an authorization to excavate in or obstruct rights-of-way at a specific place and time, for the purposes of installing, constructing or maintaining facilities within a specified portion of rights-of-way. Rights-of-way occupant or ROW occupant means a person that owns, manages, operates, controls or has the ability to directly affect the facilities located in the rights-of-way. Rights-of-way or ROW means the surface, the airspace above ground and the area below the surface of any public street, highway, parkway, lane, path, alley, sidewalk, boulevard, drive, bridge, tunnel, adjacent easement or similar property in which the City now or hereafter holds a property interest and/or a maintenance responsibility which, consistent with the purposes for which it was dedicated, may be used for the purpose of constructing, installing, operating and maintaining facilities of any kind, including but not limited to conduits, pipelines, cables, utility poles, junction boxes and duct banks. Rights-of-way does not include buildings, parks or other property owned or leased by the City, its trusts or authorities, but does include all arterial rights-of-way as defined by this chapter. No reference herein, or in any franchise agreement or occupancy permit yet to be negotiated, to any rights-of-way, shall be deemed to be a representation or guarantee by the City that its interest or other right to control the use of such property is sufficient to permit its use for such purposes, and a franchise holder or occupancy permit holder shall be deemed to gain only those rights to use as are properly in the City and as the City may have the right and power to give. Should the ROW occupant desire the City to investigate whether the City can make a representation or guarantee that its interest or other right to control the use of such property is sufficient to permit the ROW occupant's use for such purposes, then the ROW occupant shall submit, in advance, sufficient funds to cover all costs associated with such an investigation by the City including but not limited to, attorney fees, surveyor fees, title examination fees and title insurance fees. Telecommunications means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received, as defined in the Communications Act of 1934, as amended. Thermal service means the sale of chilled water and steam. Thermal service gross revenues means all revenues received from or in respect of thermal service exclusive of revenues received form the imposition of City, state or federal taxes or fees. Transfer means any transaction in which: A. All or a portion of a ROW occupant's facilities is sold or assigned; B. There is any change, acquisition, direct or indirect transfer of control of the ROW occupant; or C. The rights or obligations held by the ROW occupant are transferred, sold, assigned, or leased, in whole or in part, directly or indirectly, to another party. Traveling surface means that portion of the arterial rights-of-way, paved with either asphalt or concrete, or other material designed to support vehicular traffic, lying between those portions of the arterial rights-of-way that are unpaved. Video programming means programming provided by, or generally considered comparable to programming provided by, a television broadcast station, as set forth in Section 522(20) of Title 47 of the United States Code. Video service means any cable service, IP video service, internet protocol video service or internet protocol (IP)-enabled video programming service provided through facilities that are partly or entirely located in the rights-of-way, without regard to delivery technology. Video service gross revenue means all revenues derived by a ROW occupant, its affiliates, and its successors or assigns, that are attributable to, or are in any way derived from, the operations of the ROW occupant's facilities to provide video services within the City, including but not limited to recurring charges for video services; event based charges for video services, including but not limited to pay-per-view and video on demand charges; rental of set top boxes and other video services equipment; service charges related to the provision of video services, including, but not limited to, activation, installation, and repair; administrative charges related to the provision of video services, including, but not limited to, service order and service termination charges; late fees, insufficient fund fees (NSF), FCC regulatory fees, and amounts billed to video service subscribers to recover the franchise fees and capital contribution fees authorized by this chapter; a pro rata portion of all revenue collected by the video service provider pursuant to compensation arrangements for advertising (less any commissions received from any third parties for advertising) and home-shopping sales derived from the operation of the video service within the City. Advertising commissions paid to third parties (excluding any refunds, rebates or discounts the video services provider may make to advertisers) shall not be deducted from advertising revenue included in gross revenue. The allocation of advertising and home-shopping revenue referred to above shall be based on the number of subscribers within the City, divided by the total number of subscribers in relation to the relevant regional or national compensation arrangement associated with each ad campaign. Service charges shall not be deducted from the gross revenue reported to the City when the ROW occupant chooses to issue subscriber credits for those services. Video service gross revenues shall not include: A. Uncollectible fees, provided that all or part of uncollectible fees which is written off as bad debt but subsequently collected, less expenses of collection, shall be included in gross revenues in the period collected; B. Revenues from contracts for in-home maintenance service unless they relate solely to maintenance on equipment used only for the provisioning of video services and not for the provisioning of any other service; C. Amounts billed to video service subscribers to recover taxes, fees or surcharges imposed upon video service subscribers in connection with the provision of video services, other than the video services provider fee authorized by this chapter; D. Revenue from the sale of capital assets or surplus equipment; or E. Charges, other than those described in the opening paragraph of this definition, that are non-video-related but are aggregated or bundled with amounts billed to video service subscribers. (Ord. Nos. 19945, 20956, 21282, 21393; Ord. No. 22146, § 1, 10-15-2009; Ord. No. 25464, §§ 1—3, 11-6-2024)

Tulsa Revised Ordinances tit. 11, § 1203 Administration.

Section 1203. - Administration. A. General. Under the direction of the Mayor, the ROW Administrator of the Telecommunications/ISD Department, the Public Works Director and the Director of Finance shall be jointly responsible for the administration and enforcement of this chapter. B. ROW Administrator. The ROW Administrator shall be the principal City official responsible for the administration of the registration of ROW occupants, issuance of occupancy permits, calculation of and invoicing for ROW occupancy fees, maintenance of facilities information, administration records and all other duties related to the maintenance of records on ROW occupants. C. Public Works Director. The Public Works Director shall be the principal City official responsible for administration and enforcement of matters related to rights-of-way construction permits and the enforcement of engineering standards as outlined in this chapter. D. Director of Finance. The Director of Finance (or designee of the Mayor) shall be the primary City official responsible for administration and enforcement of all insurance requirements and collection activities provided for in this chapter. (Ord. No. 19945)

Tulsa Revised Ordinances tit. 11, § 1204 Authority to occupy the rights-of-way.

Section 1204. - Authority to occupy the rights-of-way. A. General. Any person subject to this chapter wishing to construct, install, operate or maintain any facilities in the rights-of-way shall first obtain proper authorization, as described in this section. B. Occupancy Permit. Every ROW occupant with more than one hundred (100) linear feet of facilities, including any City department and any City trust or authority, regardless of the authority under which the person occupies the rights-of-way, must register with the Public Works Director, and apply for an occupancy permit, no later than January 3, 2001, pursuant to Section 1205. Thereafter, all new ROW occupants with more than one hundred (100) linear feet of facilities shall register and apply for an occupancy permit, upon completion of a new facility installation, or April 15, whichever is sooner. C. Rights-of-Way Construction Permits. No person shall obstruct the traveling surface or construct more than one hundred (100) linear feet of new facilities or do maintenance work on more than five hundred (500) feet of facilities or cut the pavement or put facilities under the pavement or any new pole installation of any defined rights-of-way without first obtaining a rights-of-way construction permit pursuant to Section 1208. This section does not apply to any governmental unit or entity engaged in the official act of maintaining any element of its transportation system, including but not limited to the state of Oklahoma, the City of Tulsa, or the U.S. Government. (Ord. No. 19945)

Tulsa Revised Ordinances tit. 11, § 1205 Occupancy permits.

Section 1205. - Occupancy permits. A. Application for Occupancy Permit. Each ROW occupant with more than one hundred (100) linear feet of facilities shall apply for an occupancy permit. The Public Works Director shall provide an application and may require, in the Public Works Director's sole discretion, any of the following information: 1. The name, address, telephone number and form of business of the applicant, and the names and addresses of all persons authorized to act on behalf of the applicant with respect to the application; 2. The name, address and telephone number of a responsible person whom the City may notify or contact at any time concerning the applicant's facilities; 3. Evidence of compliance with the provisions of 63 O.S. 1991, §§ 142.1, et seq., "Oklahoma Underground Facilities Damage Prevention Act," as amended; 4. Identification of the ROW occupant's authority to occupy the rights-of-way, if already obtained, or evidence that the ROW occupant has applied for such authority; documentation of the location of existing facilities owned, operated, managed or leased by the ROW occupant, including as-built maps and all other information required by Section 1214; 5. Demonstration of the applicant's technical ability to construct and operate the proposed or existing facilities, including identification of key personnel; 6. A demonstration of the applicant's legal qualifications to construct and operate any proposed or existing facilities, including but not limited to a demonstration that the applicant has the necessary authority under Oklahoma law to construct a facility. The applicant shall not be issued an occupancy permit if it files materially misleading information in its application or intentionally withholds information that the applicant lawfully is required to provide; 7. A demonstration of the financial qualifications of the applicant, including but not limited to a certified statement prepared by a certified public accountant regarding the applicant's financial ability to complete any construction proposed, and to meet any time frame proposed. If an applicant is a joint venture or partnership, the same information shall be provided for each participant in the joint venture or partnership; 8. A description of the applicant's prior experience in facility ownership and construction, and an identification of each locality in which the applicant or any of its principals have, or have had, a license, franchise or other authorization or any interest therein, including the name, address and phone number of each local authority, and references from each authority; 9. To the extent an applicant is in any respect relying on the financial or technical resources of another person, including an affiliate, the proofs required under paragraphs 5 and 7 above, shall be provided for that person; 10. Copies of any agreements which the applicant has entered into or proposes to enter into with any other person relating to any facilities installed, to be owned, operated, managed or leased by the applicant; Applicant may present a copy of a "Certificate of Convenience and Necessity" issued pursuant to OAC 165:55, in lieu of paragraphs 1 through 10 above; 11. A declaration that the applicant agrees to comply with this chapter, as it may be amended from time to time; 12. A statement of the number of linear feet of the arterial rights-of way occupied by facilities owned, operated, managed or leased by the ROW occupant as of the end of the City's most recent fiscal year, including the total linear feet of arterial rights-of-way occupied and the number of linear feet of rights-of-way occupied; 13. The technical standards that the applicant proposes to follow in constructing the facilities; 14. A detailed description of the physical facilities proposed to be installed within the City, including but not limited to an engineering site plan showing the proposed locations of the applicant's facilities, including any manholes or overhead poles, the size, type and proposed depth of any conduit or other enclosures, and the relationship of the system to all existing poles, utilities, sidewalks, pavement, telecommunication facilities and other improvements within the rights-of-way; 15. An affidavit or declaration of the applicant or an authorized officer certifying the truth and accuracy of the information in the application, acknowledging the enforceability of application commitments and certifying that the application meets all federal and state law requirements, in as much as the information exceeds that which is required by OAC 165:55; 16. For those ROW occupants who are eligible to make inspection fee and service charge payments as set forth in Subsection 1206.B, an election of whether to make inspection fee and service charge payments as set forth in Subsection 1206.B or occupancy fee payments as set forth in Subsection 1206.A; and 17. Any additional information the City may require, which is reasonably necessary for ROW management. Applications for occupancy permits shall be submitted in writing to the Public Works Director. To be accepted, a fully completed, signed and original application shall be submitted as provided for in this section. If the application is incomplete, the application shall be returned within three (3) working days as unacceptable. To the extent permitted by law, an application for an occupancy permit shall be accompanied by the required fee, the amount of which shall be fixed from time to time by ordinance. B. Review of Application. If the information provided in an application for occupancy permit is complete and meets all the requirements of this chapter, the Public Works Director shall evaluate the application within fifteen (15) working days of submission. In evaluating an application, the Public Works Director shall consider: 1. The applicant's technical, financial and legal qualifications to construct or operate the proposed facilities; 2. The nature of the proposed facilities and equipment; and 3. The effects of a grant of an occupancy permit on the present and future public use of the rights-of-way, including any foreclosure of future uses of the rights-of-way. C. Review by Council. After the Public Works Director has evaluated the application pursuant to Subsection 1205.B, the Director shall present the application and the Director's recommendation regarding approval to the City Council. The City Council, after reviewing any information the Council deems appropriate, shall either approve or deny the application. D. Term and Renewal. Pursuant to Article VIII, Section 13, of the Charter of the City of Tulsa, the Council may revoke any occupancy permit at will. In addition to any other provision in the Charter, the City of Tulsa ordinances, or this chapter revoking or rendering invalid an occupancy permit, an occupancy permit shall be rendered invalid and revoked by the Public Works Director if: 1. ROW occupant fails to timely pay any fees due to the City, including but not limited to fees required to be paid under this chapter; or 2. ROW occupant fails to provide the City with the name, address and telephone number of a responsible person whom the City may notify or contact at any time concerning the occupant's facilities. (Ord. No. 19945)

Tulsa Revised Ordinances tit. 11, § 1206 Occupancy fees or inspection fee and service charge.

Section 1206. - Occupancy fees or inspection fee and service charge. A. Occupancy Fees. Except as provided in this section, every occupancy permit holder shall pay an occupancy fee to reimburse the City for the cost of acquiring, maintaining and managing the arterial rights-of-way. The occupancy fee shall be computed in accordance with this section. 1. No later than February 15th of each year, each occupancy permit holder shall submit to the ROW administrator a certified statement of the number of linear feet of arterial rights-of-way occupied by facilities by the ROW occupant as of January 1st of that same year. 2. No later than February 15th of each year, those ROW occupants who are eligible to make inspection fee and service charge payments as set forth in Subsection 1206.B. May select by filing a written statement of selection with the City Clerk whether to make inspection fee and service charge payments as set forth in Subsection 1206.B. or occupancy fee payments as set forth below. A ROW occupant who does not file a written statement during that time period, and who has not previously filed a written statement with the City Clerk during that time period in a previous year electing a computation method, shall be deemed to have chosen to make occupancy fee payments. A ROW occupant who, in a previous year, has chosen a particular method and has not filed a written statement of selection with the City Clerk in the current year, shall be deemed to have chosen to continue to utilize that computation method utilized in the previous year. 3. Each occupancy permit holder shall be notified of the amount of the fee and the basis on which it was calculated no later than ten (10) working days from the date the statement of linear feet is received by the ROW administrator. Unless otherwise authorized by the Director of Finance, one-twelfth ( 1/12 ) of the occupancy fee shall be due and payable monthly, on or before the 25th day of each month, commencing on the first day of the calendar month commencing after the date this chapter goes into effect. The payment shall be made to the Director of Finance when due and shall be paid into and appropriated and expended from the General Revenue Fund of the City of Tulsa. Upon failure or refusal to pay such fee, the City may, in addition to any other remedies provided herein, maintain an action against such person, firm or corporation for the amount of such fee and all expenses of collecting same, including reasonable attorney's fees. That occupancy fee is set out as follows: a. The Occupancy Fee shall be computed by multiplying the Occupancy Permit Holder's pro rata share of the burden on the Arterial Rights-of-Way by the applicable recovery rate. This pro rata share shall be equivalent to the linear feet occupied in the Arterial Rights-of-Way, and shall be calculated as follows: For each linear foot of space less than one (1) foot wide, the recovery rate shall be Three and 69/100 Dollars ($3.69). For each linear foot of space more than one (1) foot but less than two (2) feet wide, the recovery rate shall be Seven and 38/100 Dollars ($7.38). For each linear foot of space two (2) feet wide or more, the recovery rate shall be Eleven and 07/100 Dollars ($11.07). This Occupancy Fee does not include manholes or junction boxes. b. The recovery rate per linear foot amount of the occupancy fee will be reviewed by the Mayor at least annually using a floating five-year average of the City's cost to provide rights-of-way, and adjusted based on the CPI-U index. The purpose of this review is to examine whether the occupancy fee is under or over recovering costs associated with ROW use. The Mayor shall file the review with the City Clerk. In addition to any material the Mayor deems relevant in establishing the recovery rate per linear foot amount of the occupancy fee, the Mayor shall file a calculation of the recovery rate per linear foot amount of the occupancy fee in the form set forth in "Exhibit A." B. Inspection Fee and Service Charge. Those ROW occupants which provide Thermal service and/or communications service may, in lieu of the occupancy fee set forth in Subsection 1206.A, pay an inspection fee and service charge as follows: 1. An amount equal to two percent (2%) of the thermal service gross revenues from within the corporate limits of the City of Tulsa, Oklahoma, for each current year, if any; and 2. An amount equal to two percent (2%) of the communications service gross revenues from within the corporate limits of the City of Tulsa, Oklahoma, for each current year, if any. This inspection fee and service charge is to compensate the City for the expenses incurred and services rendered incident to the exercise of its power, supervision, police regulation and police control of the construction and maintenance of lines and equipment in the City of Tulsa. Unless otherwise authorized by the Director of Finance, this inspection fee and charge shall be due and payable monthly, on or before the 25th day of each month, on the gross revenues of the preceding month, commencing on the first day of the calendar month commencing after the date this chapter goes into effect, and shall include a complete and accurate verified statement of all gross receipts from sales, for thermal service and/or communications service, as applicable, within the City of Tulsa during the period for which the monthly payment is made. The statement and payment shall be made to the Director of Finance when due and shall be paid into and appropriated and expended from the General Revenue Fund of the City of Tulsa. Upon failure or refusal to pay such fee, the City may, in addition to any other remedies provided herein, maintain an action against such person, firm or corporation for the amount of such fee and all expenses of collecting same, including reasonable attorney's fees. C. Inspection Fee and Service Charge Between January 1, 2001, and March 31, 2001. [The text of Subsection 1206.C was repealed because it was no longer applicable after March 31, 2001.] D. Records Inspection. The City shall have the right to audit the ROW occupant's records required to be kept by this chapter. The City shall also have the right to audit and to recompute any amounts determined to be payable under this section. If it is determined that the occupancy permit holder has paid less than ninety-five percent (95%) of the amount due to the City, then the City's expenses related to such audit shall be borne by the occupancy permit holder. Any additional amounts due to the City as a result of the audit shall be paid within thirty (30) days following written notice, which shall include a copy of the audit report, to the occupancy permit holder by the City of the underpayment. If recomputation results in additional revenue to be paid to the City, such amount shall be subject to the interest charge described in Subsection E, below. If the audit determines that there has been an overpayment by the occupancy permit holder, the occupancy permit holder shall credit any overpayment against its next quarterly payment. E. Late Fees and Interest on Late Payments. 1. If any occupancy fee payment is not made on or before the required date, the occupancy permit holder shall pay interest computed from such due date at an annual rate equal to one and one-half percent (1½%) interest per month on the total amount of fees due from the last day of the month such was due, plus a penalty of ten percent (10%) of the total amount of the fee due. 2. If any monthly inspection fee and service charge for thermal service or communications service within the City of Tulsa is not made on or before the required date, the ROW occupant will be charged a penalty of ten percent (10%) of the total amount of the fee due. In addition, the ROW occupant shall pay interest computed from such due date at an annual rate equal to one and one-half percent (1½%) interest per month on the total amount of fees due from the last day of the month such was due. a. If a complete and accurate verified statement of all gross receipts from sales for thermal service or communications service within the City of Tulsa during the period for which the monthly payment was due is provided within thirty (30) days of the original due date, the interest and penalty will be computed based on that actual amount. b. If a complete and accurate verified statement of all gross receipts from sales for thermal service or communications service within the City of Tulsa during the period for which the monthly payment was due is NOT provided within thirty (30) days of the original due date, the amount of the monthly inspection fee and charge will be estimated and billed. c. Adjustments to estimates after receipt of complete and accurate verified statements of all gross receipts will be made at the discretion of the Director of Finance. F. No Deduction or Credit Against Taxes. The payments required by this section shall be in addition to any and all taxes of a general nature or other fees or charges which an occupancy permit holder shall be required to pay to the City or to any local, state, or federal agency or authority, as required herein or by law, all of which shall be separate and distinct obligations of the occupancy permit holder. The occupancy permit holder shall neither apply nor seek to apply all or any part of the amount of these payments as a deduction or other credit from or against any City taxes or other fees or charges, except as expressly permitted by law. The occupancy permit holder shall not apply or seek to apply all or any part of the amount of any taxes or other fees or charges as a deduction or other credit from or against any of its fee obligations herein, except as expressly permitted by law. (Ord. Nos. 19945, 20170, 20233, 20381, 20382, 20392, 20597, 20855, 21270; Ord. No. 22146, § 2, 10-15-2009; Ord. No. 22154, § 1, 11-5-2009; Ord. No. 22741, § 1, 8-30-2012; Ord. No. 23116, § 1, 5-8-2014; Ord. No. 23286, § 1, 5-7-2015; Ord. No. 23487, § 1, 5-19-2016; Ord. No. 23681, § 1, 4-26-2017; Ord. No. 23931, § 1, 6-6-2018; Ord. No. 24266, § 1, 11-20-2019; Ord. No. 24429, § 1, 8-19-2020; Ord. No. 24734, § 1, 12-1-2021; Ord. No. 24980, § 1, 1-25-2023; Ord. No. 25599, § 1, 6-11-2025)

Tulsa Revised Ordinances tit. 11, § 1207 Emergency telephone service requirements.

Section 1207. - Emergency telephone service requirements. All Local Exchange Carriers and resellers of the offerings of the LEC, who provide voice services that can be completed in the Public Switched Network, shall comply with the provisions of the Oklahoma Nine-One-One Emergency Number Act, 63 O.S.1991, § 2811 (State 911 Act), and Title 29, Chapter 9, Section 902, Tulsa Revised Ordinances, (Tulsa Nine-One-One Emergency Number Ordinance). A separate 911 agreement with the City of Tulsa is required to provide for the delivery of E-911 calls to the Public Safety Answering Point, collection and remittance of the E-911 fee, delivery of location and number identification and master street address guide information. (Ord. No. 19945)

Tulsa Revised Ordinances tit. 11, § 1208 Rights-of-way construction permits.

Section 1208. - Rights-of-way construction permits. A. Permit Requirement. To apply for a rights-of-way construction permit, an applicant shall furnish the following: 1. Name of the owner or operator of the facility; and 2. A sketch or drawing of the project; and 3. Dates of the construction activity, the proposed start and stop times and any proposal to temporarily reopen any roadway for any "peak hour" period; and 4. The names of any known subcontractors working on the proposed project under the applicant's responsibility and authority; and 5. Proof of payment of all money due the City for occupancy fees, rights-of-way construction permit fees, cable service fee, thermal service ROW usage fee and any invoiced cost, loss, damage or expense suffered by the City as a result of the applicant's prior construction activity, including but not limited to any emergency action taken by the City; and 6. Evidence that the applicant has obtained the insurance coverage required by Section 1211 of this title; and 7. A traffic control plan in compliance with Subsection 1210.F of this title; and 8. A list of the applicant's emergency providers, including name of company, local contact person, mailing and e-mail address, 24-hour emergency phone number and pager or fax number. This information shall be kept current by written notice to the Public Works Director; and 9. For Major Projects, as defined by Section 1202 of this title, the following may be required: a. Detailed engineering plans. The plans shall show the location and area of the proposed project, the locations of all existing and proposed equipment and facilities, the height and/or depth of the proposed equipment and existing facilities and the spatial relationship with any adjacent infrastructure, rights-of-way line, easement, utility and/or other physical features. The plans shall be prepared under the direction of and signed by a registered professional engineer, and shall meet the size and scale as set forth in the Department of Public Works' Standard Design Criteria Manual; and b. A copy of the engineering plans in an electronic format acceptable to the Public Works Director; and c. The applicant shall meet with the Public Works Director for a pre-work conference prior to issuance of rights-of-way permits. B. Application and Permit Fees. Rights-of-way occupants shall be required to pay both application and/or permit fees, as applicable, unless otherwise exempted. Upon submission of a permit application, an application fee as specified in Title 49 TRO, Chapter 9, Section 906.A shall be paid to the Public Works Director. This fee is nonrefundable and must be collected before review of the application begins. Upon approval of the rights-of-way construction permit, the applicant shall remit to the Public Works Director a permit fee. This fee shall be calculated based on the following components: 1. Traffic Disruption Fee. An arterial street traffic disruption fee shall be charged whenever either the time estimated for project completion indicates a planned arterial street traffic disruption more than five (5) consecutive calendar days in duration or the actual project time has exceeded five (5) consecutive calendar days, as determined by the date from when an arterial street roadway excavation is commenced until the date when the Public Works Director is notified that the ROW excavation has been closed. In the event a disruption fee is payable, its amount shall be determined by multiplying the estimated or actual number of days in excess of five (5) by the traffic count number of vehicles, calculated at eighteen cents ($0.18) per vehicle, and the length of the obstruction measured in one thousand (1,000) foot increments. (Fee = days x length x # of vehicles x .18). The number of vehicles shall be equal to the number of same lane direction vehicles as measured closest to the excavation location and on the same arterial roadway by the current traffic count map published by the City Traffic Engineer. 2. Parking Meter Fee. A parking meter fee, if applicable, shall be charged and shall be computed as set forth in Title 37, Chapter 5, Section 503.B. 3. Degradation Cost. The permit fee for any project, whether a major project or not, that involves excavation shall also include: A degradation cost that is calculated as follows: Area of construction + 1' around perimeter of site, multiplied by City's actual cost per square foot to restore pavement, multiplied by Depreciation Value (20%), multiplied by Degradation Percentage as shown in the Pavement Condition Index (PCI), which is kept and updated by the Engineering Services Department of the City of Tulsa. ROW occupants which do not have an occupancy permit shall have the following components added to the application and permit fees: 4. Permit and Licensing System Maintenance Fee. A surcharge as specified in Title 49 TRO Section 103 shall be charged for each permit to maintain the permit and licensing system; and 5. Record Retention Fee. A surcharge per page as specified in Title 49 TRO, Section 111 shall be charged for each permit for retention of permits and associated data by microfilming, computer imaging or other method of storage of records; and 6. Inspection Fee. A charge as specified in Title 49 TRO, Section 108 shall be charged as an inspection fee; and 7. Project Plans Review Fee. A permit fee for a major project shall also consist of a plans review fee of Fifty Dollars ($50.00) per sheet. The minimum plan review fee is One Hundred Fifty Dollars ($150.00). C. Permit Terms and Conditions. Each rights-of-way construction permit shall describe the general location of the permitted project, the size of the obstructed area, the duration of the permit, which shall be based on the amount of time estimated for completion of the permitted activity and any special conditions or other information deemed relevant by the Public Works Director. A rights-of-way construction permit shall be issued or denied within fifteen (15) days of submission of a completed application and payment of all required fees. In the event of denial, the Public Works Director shall advise the applicant of all steps necessary to secure approval of the permit. D. Emergency Permits. 1. An emergency rights-of-way construction permit is available for projects. Any emergency excavation required to maintain the safety and well being of the general public should be commenced without delay. Notification must be provided to the Public Works Director within two (2) hours of the commencement of the project. This notification shall consist of the following: a. Anticipated date, duration, start and stop time, location (site address if possible), including nearest cross street; and b. Size of the obstruction and work area less any normal traffic control in advance; and c. Applicant's company name; and d. Facility owner's name; and e. Local contact information; and f. General description of the type of construction activity and/or facilities installed. 2. Holders of emergency ROW construction permits shall notify the Public Works Director upon the completion of the project. All persons, including franchisees, engaged in an activity within the arterial rights-of-way not specifically exempt in this section, must notify the Public Works Director that an obstruction will occur. 3. In order to qualify for an emergency ROW construction permit, a permittee must possess a current occupancy permit. E. Permit Conditions. A permittee shall adhere to the following requirements: 1. All current engineering requirements and construction standards as described in Section 1210 of this chapter; and 2. All current rights-of-way construction permits shall be maintained on each work site. All rights-of-way construction permits shall be presented upon request to any representative of the Public Works Director; and 3. Excavation projects are subject to the requirements of Section 1210 of this chapter; and 4. All restoration work required of any roadway pavement by any permit holder shall be performed by the City's Public Works paving cut contractor unless exempted by the Public Works Director. Upon completion of the work and the subsequent removal of the obstruction, the permittee shall be obligated to notify the Public Works Director that the obstruction has been removed. F. Failure to Apply. Any person failing to comply with this section shall be precluded from obtaining any rights-of-way construction permit or performing any further construction within the City's arterial rights-of-way for up to twelve (12) months from the date of notification, in addition to any monetary penalty imposed pursuant to Section 1226 of this chapter. G. Renewal. In the event that a permitted project does not conclude prior to expiration of the rights-of-way construction permit under which it is being performed, the permittee shall apply to the Director for an extension of the permit. The following information shall be submitted: 1. Statement from the permittee indicating the reason for the delay in completion of the project; and 2. Date that the permittee anticipated the project to be completed; and 3. Any applicable permit fees established at the time of issuance of the original permit. (Ord. No. 19945; Ord. No. 25069, § 1, 6-14-2023; Ord. No. 25307, § 1, 5-8-2024)

Tulsa Revised Ordinances tit. 11, § 1209 Appeals.

Section 1209. - Appeals. An appeal may be taken to the Mayor, or his/her designee, by any person aggrieved, where it is alleged there is an error in any order, requirement, decision or determination made by any person in the enforcement of this chapter. The appeal must be presented upon written request to the Mayor, or his/her designee. The Mayor, or his/her designee, shall render a decision within ten (10) working days. A response from the Mayor, or his/her designee, shall be made in writing, and shall be supported by written findings establishing the reasonableness of the decision. Appeal of any decisions made by the Mayor, or his/her designee, shall be made to the City Council. (Ord. No. 19945)

Tulsa Revised Ordinances tit. 11, § 1210 Engineering standards.

Section 1210. - Engineering standards. A. Allocation of Space in the Rights-of-Way. The Public Works Director shall have the power to establish reasonable limitations on the placement of new or additional facilities within specific congested segments of the rights-of-way if there is insufficient space to accommodate all of the requests of ROW occupants. In making such decisions, the Public Works Director shall strive to the extent possible to accommodate all existing and potential users of the rights-of-way, but shall be guided primarily by considerations of the public interest, the public's needs for the particular utility service, the width and physical condition of the rights-of-way, the protection of existing facilities in the rights-of-way and future City plans for public improvements and development projects which have been determined to be in the public's interest. B. Underground Policy. Facilities may be installed above ground in areas where existing utility facilities are above ground and shall, unless otherwise approved by the Public Works Director, be installed underground in areas where existing facilities are installed underground, subject to all applicable safety codes. The City encourages the sharing of underground and overhead facilities. Leasing of excess space in ducts, conduits and on poles is a matter between interested parties; however, lessees of such physical facilities must still comply with the terms of this chapter, unless otherwise expressly exempted by the Director of Public Works. Underground facilities shall be placed in such a manner so they can be located by the owner of the facilities or his representative. C. Location Criteria. 1. Corridors. The Director of Public Works shall assign specific corridors within the rights-of-way, or any particular segment thereof as may be necessary, for each type of facility that is now or as the Director of Public Works concludes may in the future be located within the rights-of-way. The Director of Public Works shall establish an ideal cross section identifying the lateral and vertical position of each class of potential user. ROW occupants shall have the right to occupy only one corridor or section of each rights-of-way within the vertical zone established for the applicable class of user, as established by the Public Works Department. Additional corridors in the same portion of the rights-of-way may be granted only upon consideration of future utility uses and a demonstration by the requesting party that its current corridor does not afford sufficient space to install its facilities. All permits issued by the ROW Administrator involving the installation or replacement of equipment shall be reviewed as to the proper corridor for the facility. 2. Variance. Any ROW occupant whose facility is located in the rights-of-way in a position at variance with the corridors established by the Director of Public Works shall move said facility at its own expense to its assigned position within the arterial rights-of-way no later than at the time of the next reconstruction of the facility or roadway reconstruction which requires utility relocation by the Department of Public Works of the area where the facility is located. This requirement may be waived by the Director of Public Works for good cause shown, upon a written request submitted through the ROW Administrator giving due consideration of such factors as the remaining economic life of the facilities, public safety, customer service needs or hardship to the ROW occupant. 3. Interference. A ROW occupant shall not place any fixtures or equipment where the same will interfere with any existing facility. A ROW occupant shall locate its lines and equipment in such a manner as not to interfere unnecessarily with the usual traffic patterns (vehicular or pedestrian) or with the rights or reasonable convenience of owners of property that abuts any rights-of-way. 4. Utility Pole Location Standards. New utility poles requested to be placed within rights-of-way, whether in areas where existing utility facilities are located above ground or underground, including, but not limited to, utility poles installed for the purpose of supporting small wireless facilities, shall not be installed if there is an existing utility pole in proximity to the requested utility pole location, where collocation of facilities is possible. New or replacement utility pole installations shall, at a minimum, be consistent visually and as constructed, with existing utility poles within the immediate vicinity (within three hundred (300) feet) of the planned installation, including pole material, color and location as approved by the Director of the Streets and Stormwater Department or other person designated by the Mayor to enforce the provisions of this chapter. Pole material shall be equivalent to, or of better quality or durability than, existing utility poles (when installed as new poles) in the immediate vicinity of the planned installation. Such poles shall blend into the surrounding environment to the greatest extent practicable. Permitted utility pole installations within rights-of-way shall be located on side lot lines (extended), unless otherwise approved by the Director of the Streets and Stormwater Department or other person designated by the Mayor to enforce the provisions of this chapter, and shall not be located within the perpendicular extension of the primary street-facing wall plane of any single-family residence or duplex. For the purposes of this Section, the definition of "side lot line" shall be as set forth in the Zoning Code of the City of Tulsa, as amended from time to time. D. Construction Standards. 1. Depth. Unless agreed to in writing in advance by the Director of Public Works, the depth of installed facilities shall be, at a minimum, as follows: a. Twenty-four (24) inches in soil, b. Twenty-four (24) inches below a projected slope from the flowline of a ditch at a three (3) horizontal and one (1) vertical slope, c. Forty-eight (48) inches under a roadway measured from the surface of said roadway to the top of the installation, d. Forty-eight (48) inches under a stormwater or creek channel design flowline, and e. Cross under all water and natural gas lines at a depth of twenty-four (24) inches. 2. Backfilling/Testing. Excavations shall be promptly backfilled according to standards on file with the Director of Public Works and the earth shall be restored to original grade to assure no hazard to vehicular, animal or pedestrian traffic. The permittee shall perform all necessary compaction tests in accordance with the latest design and construction specifications approved and disseminated by the Director of Public Works setting forth requirements for backfill and paving cut repairs (e.g., standard concrete pavement cut and repair; standard asphalt pavement cut and repair, etc.). All test reports shall be submitted to the Public Works Director. 3. Pavement Cutting. All ROW occupants shall comply with the terms and conditions of Title 35, Chapter 3, Tulsa Revised Ordinances prior to cutting any pavement. 4. Replacement. The replacement of any sidewalk, any driving surface and the base of any roadway shall comply with Public Works Engineering Standards, pursuant to engineering plans on file with the Public Works Department and may require additional removal to the nearest joint in all directions. Unless a privately financed public improvement application is filed complying with all the requirements of Title 35, Chapter 4, Tulsa Revised Ordinances, this removal and all pavement restoration shall be the responsibility of the Public Works Department or its assigned contractor at the expense of the ROW occupant as set forth in Title 35, Chapter 3, Tulsa Revised Ordinances. 5. Trenching. A permittee shall not proceed with additional trench work exceeding a maximum of five hundred (500) feet of open trench without the approval of a City inspector. 6. Crossings. All underground crossings of paved roadways and stormwater and creek channels shall be made by a bore method approved by the Director of Public Works. Any alternate method shall be approved by Field Engineering, then submitted to the ROW administrator and Traffic Operations. Voids and all holes shall be properly grouted. Crossings shall be at approximately right angles to the roadway and in no case shall any facility be placed in any culvert or drainage pipe or within ten (10) feet of a culvert or storm sewer. 7. Erosion. Erosion prevention measures shall be incorporated into all work within the public way as described in the Stormwater Management Manual. All gutters, ditches and other drainage features shall be maintained free and unobstructed of sediment, dirt and debris. The handling, grading, excavating or moving of excess construction materials or the movement or cleaning of construction vehicles or equipment shall be conducted in such a manner that materials and washout will not be deposited into catch basins, gutters, ditches or areas where runoff may carry materials into any public or private stormwater system. 8. Utility Pole, Equipment, and Antenna Concealment Standards. For new utility poles permitted to be installed within non-arterial rights-of-way and in areas where existing facilities are located underground, including, but not limited to, utility poles installed for the purpose of supporting small wireless facilities, and for collocation of facilities on existing utility poles, all equipment and antennas, except for the electric meter, shall be mounted at least twelve (12) feet above the ground level, as measured to the lowest point of installation. To the extent technically feasible, antennas shall be designed and installed to appear hidden within the utility pole or appear to be an original part of the utility pole. Unless otherwise approved by the Director of the Streets and Stormwater Department or other person designated by the Mayor to enforce the provisions of this chapter, antennas not hidden within a utility pole shall be located entirely within a shroud enclosure not more than six (6) cubic feet in volume, which is capable of accepting paint to match the approved color of the utility pole. Top-mounted antennas, equipment and their enclosures shall be mounted directly above the utility pole and shall not extend beyond the diameter of the utility pole at the level of the antenna attachment, unless otherwise approved by the Director of the Streets and Stormwater Department or other person designated by the Mayor to enforce the provisions of this chapter. The use of stealth technology in the location and construction of utility poles is required whenever and wherever possible. "Stealth technology" means the least visually and physically intrusive design, equipment, and installation methods that are not technologically or commercially impractical, and which blend into the surrounding environment to the greatest extent possible. All antennas and shrouds, mounting brackets and hardware, shall be of a color identical to the utility pole. The Director of the Streets and Stormwater Department or other person designated by the Mayor to enforce the provisions of this chapter, shall adopt design guidelines for new utility poles consistent with this chapter, subject to City Council approval. 9. Utility Pole Sizing Standards. Unless otherwise approved by the Director of the Streets and Stormwater Department or other person designated by the Mayor to enforce the provisions of this chapter, new or replacement utility poles, including utility poles to be installed for the purpose of providing small wireless communications facilities, which are permitted to be installed within non-arterial rights-of-way shall not exceed eighteen (18) inches in diameter at the base thereof, the "base" being the diameter of the utility pole measured at twelve (12) inches above ground level, not including any structural components necessary to support the utility pole, such as a pier, footing, or other approved structural element. Applicants requesting approval to install a utility pole with a diameter larger than permitted herein shall provide documentation evidencing that a larger pole diameter is necessary to support the pole, all attachments, equipment, and antennae, as applicable. E. Dimension and Location Criteria. Maximum dimensions and location of associated, aboveground equipment, including but not limited to junction boxes, duct banks, electric generators, repeaters, antennas, satellite dishes or equipment cabinets, shall meet the following criteria: 1. The "elevation view" shall not exceed thirty (30) square feet without written approval of the Public Works Director. 2. Associated equipment shall not be installed in such a manner so as to obstruct the view of drivers upon or entering a public street. Equipment, excluding poles, exceeding a height of twenty-four (24) inches shall not be placed within any intersection "sight-distance triangle" as defined in Title 24, Section 103, Tulsa Revised Ordinances. 3. No equipment, including poles, cables and guy wires, shall be placed so as to obstruct, block, obscure or otherwise interfere with any traffic-control device, fire hydrant, wheelchair ramp or other safety device. Locations with existing or potential traffic signals shall have the overhead vehicle signal face display zones kept clear from wires and cables below a height of twenty-two (22) feet above the pavement grade. Power lines which require a ten (10) foot separation from other facilities shall be suspended no lower that thirty-two (32) feet above the pavement grade around intersections with existing or potential traffic signals. This minimum clearance shall not be violated by sagging due to cable elongation. 4. No equipment, including poles and guy wires, shall be placed so as to obstruct the flow of pedestrian traffic, and in no case result in less than four (4) feet of clear sidewalk, without the approval of the Director of Public Works. F. Traffic Control and Safety. 1. Any permittee occupying any portion of rights-of-way shall erect a barrier around the perimeter of any excavation and provide any and all traffic-control devices, signs and lights appropriate to the level of complexity of the activity in order to protect, warn and guide the public (vehicular and pedestrian) through the work zone. The manner and use of these devices shall be described within a traffic-control plan in accordance with the Uniform Manual of Traffic Control Devices and approved by the Traffic Engineer as provided for in this chapter. 2. Permittees shall implement each traffic-control plan. All permittees shall be in compliance at all times with all applicable city, state and federal requirements and maintain all devices in good repair. Permittees with open excavations awaiting final restoration shall maintain all devices until the Public Works Department notifies the permittee in writing that the City or the City's designated contractor is assuming responsibility for traffic control for the paving cut restoration or the permittee has completed his City-approved PFPI and it has been accepted by the City. 3. Each ROW occupant shall designate a safety officer. The safety officer shall be responsible for safety-related issues affecting both the public and the ROW occupant's field employees and contractors for all job sites within the rights-of-way. G. Miscellaneous Standards. 1. Nuisance. Two (2) years after the passage of this chapter, any equipment found in the arterial rights-of-way that has not been registered shall be deemed to be a nuisance. If the owner can be ascertained by the appearance of the equipment, then upon thirty (30) days' notice to the owner, or, where the owner cannot be ascertained by markings on the equipment, upon thirty (30) days' public notice published in a newspaper of general circulation, the City may exercise any remedies or rights it has at law or in equity, including but not limited to abating the nuisance by taking possession of the facilities and restoring the rights-of-way. 2. Notice to the Public of an Approved Utility Pole Installation Location. An applicant or ROW occupant approved for the installation of a utility pole within a non-arterial right-of-way, including a utility pole to be installed for the purpose of providing small wireless communications facilities, shall post a sign with minimum dimensions of twenty-four (24) inches wide (horizontal orientation) by thirty-six (36) inches in height (vertical orientation), providing notice to the public at the location of the approved installation. The required notice to the public shall be placed no fewer than twenty (20) continuous days prior to the anticipated date of the commencement of installation of the utility pole, shall be placed parallel to the street abutting the approved utility pole location, shall be plainly legible to passers-by and shall provide, at a minimum, the following information: a. The type(s) of facilities and utility or other services to be provided by the utility pole installation. b. The height of the utility pole as measured from the ground level at the location of the installation to the top of the pole and any attachments, and the diameter of the base of the utility pole measured at twelve (12) inches above ground level. c. The non-abbreviated name of the person, entity or entities installing the utility pole and a telephone number for each such entity. d. The non-abbreviated name of each person or entity which will initially utilize the utility pole to install facilities and/or provide services. e. The anticipated date of the commencement of installation of the utility pole. f. A website address and/or e-mail address, and telephone number for each person or entity which will be utilizing the utility pole to install facilities and/or provide services so that the public may obtain additional information about the planned installation. g. Each sign shall contain the words "Public Notice" at the top of the sign with lettering in a larger size than the rest of the text of the sign. 3. Identification. The ROW administrator, at his discretion, may require any new facility (aerial or underground) installed, replaced or repaired by or for a ROW occupant, after the effective date of this chapter be permanently identified with the name or logo of the ROW occupant on but not limited to manhole covers, tags, poles, posts and signs. The maximum spacing shall be no less than five hundred (500) feet for paved roadways and walkways. All ROW occupants shall make all reasonable efforts to ensure that all existing facilities shall be marked during the normal course of business. 4. Construction Zone Identification. Any permittee excavating or obstructing any portion of the ROW shall erect a temporary sign displaying either: a. The names of the ROW occupant, any contractors and/or subcontractors involved in the project and the City permit number authorizing said activity; or b. The names of the ROW occupant and a local telephone number or tollfree number manned during regular business hours by a person who is knowledgeable about the construction project. The sign shall be visible from any adjacent traffic lane and shall be maintained throughout the duration of the project. 5. Vehicle Identification. All vehicles used, parked or stored by or on behalf of a ROW occupant or permittee within a permitted construction zone shall be clearly marked, providing the name of the facility's owner, the permittee, the contractor or subcontractor. Any unmarked vehicles shall be subject to all moving and parking ordinances. Private vehicles shall not be permitted to be parked or stored within any permitted work zone at any time. 6. Permit. A current rights-of-way construction permit shall be maintained on each work site. The rights-of-way construction permit shall be presented upon request to any City of Tulsa representative. 7. Tree Trimming. A ROW occupant shall have the authority to trim trees upon or overhanging streets, alleys, sidewalks and arterial rights-of-way so as to prevent the branches of such trees from coming into contact with the wires and cables of the ROW occupant in compliance with Title 35, Chapter 9, Tulsa Revised Ordinances, Trees; and Title 24, Nuisances (regulating trees). 8. Moving Permit. A ROW occupant shall, at the request of any person holding a City or state moving permit, temporarily raise or lower its aerial wires to permit the moving of an over-height vehicle. The expense of such temporary removal or raising and lowering of wires shall be paid by the person requesting same and the ROW occupant shall have the authority to require such payment in advance. A ROW occupant shall be given not less than forty-eight (48) hours' advance notice to arrange for such temporary wire changes. 9. Due Care. A ROW occupant shall at all times employ due care during the installation and maintenance process and use commonly accepted standards, methods and devices including but not limited to safety standards of OSHA, NEC, FCC and the City of Tulsa for preventing failures and accidents which are likely to cause damages, injuries or nuisances to the public. All structures and all lines, equipment and connections in, over, under and upon the streets of the City, wherever situated or located, shall at all times be kept and maintained in a safe, suitable and substantial condition, and in good order and repair. (Ord. No. 19945; Ord. No. 24950, §§ 1—3, 11-2-2022)

Tulsa Revised Ordinances tit. 11, § 1211 Insurance.

Section 1211. - Insurance. A. Insurance Required. Each ROW occupant and permittee shall carry and furnish proof of insurance of such kinds and with such limits of liability as set forth below: 1. Owner's and Contractor's Protective Insurance. a. An owner's and contractor's protective policy shall be carried, with the City as the named insured and issued by the same insurance company which provides the ROW occupant's or permittee's liability coverage in amounts not less than: Each occurrence (combined single limit for bodily injury and property damage) | $1,000,000.00 Annual aggregate | $1,000,000.00 b. Statutory Liability Limits. It shall be permissible to endorse limits of liability to conform to the limits of the City's statutory liability as provided in 51 O.S.2001, § 154, as amended, but in no event be less than: (a) Twenty-five Thousand Dollars ($25,000.00) for any claim or to any claimant who has more than one claim for loss of property arising out of a single act, accident or occurrence; b) One Hundred Twenty-Five Thousand Dollars ($125,000.00) to any claimant for a claim for any other loss arising out of a single act, accident or occurrence; and c) One Million Dollars ($1,000,000.00) for any number of claims arising out of a single occurrence or accident. c. Punitive or Exemplary Damages. It shall be permissible to exclude coverage for punitive or exemplary damages as pertains to the liability of the City. d. Same Insurance Company Requirement. An exception to the "same insurance company requirement" above may be made only if both the owner's and contractor's protective policy and the ROW occupant's or permittee's commercial general liability policy are endorsed with "Waiver of Transfer of Rights of Recovery Against Others to Us," or equivalent, endorsements. Waiver under the ROW occupant's or Permittee's policy shall be in favor of the City and waiver under the owner's and contractor's protective policy shall be in favor of the ROW occupant or permittee. e. Coverage for Multiple Projects. It shall be permissible for a ROW occupant or permittee with more than one (1) permit or project to provide a single owner's and contractor's protective policy to the City of Tulsa that contains wording confirming it is applicable to all projects performed by the ROW occupant or permittee in the City's rights-of-way. However, if the amount of the annual aggregate of the owner's and contractor's protective policy is reduced for any reason below One Million Dollars ($1,000,000.00), the City may require an additional owner's and contractor's protective policy or an increase in coverage to any existing policy to supplement coverage to the City in reasonable response to the City's exposure created or influenced by the activities of the ROW occupant or permittee. f. Coverage in Lieu of Owner's and Contractor's Protective Policy. In lieu of the requirements of the owner's and contractor's protective policy above, the ROW occupant or permittee shall carry total liability limits of Three Million Dollars ($3,000,000.00) per occurrence and Three Million Dollars ($3,000,000.00) annual aggregate through any combination of primary liability policies and excess liability or umbrella liability policies. All liability policies, except workers' compensation, shall provide that the City's elected and appointed officials, officers, boards, commissions, commissioners, agents and employees shall be additional insureds. Insurance limits required herein shall satisfy the limits of insurance required under subsection A.2, below. 2. Commercial General Liability Insurance: Limits Each occurrence (combined bodily injury and property damage) | $1,000,000.00 Fire damage (any one (1) fire) | No requirement Medical expense (any one (1) person) | No requirement Personal and advertising injury | No requirement General aggregate | $1,000,000.00 Products-completed operations aggregate | No requirement 3. Automobile Liability Insurance (Owned, Hired and Non-owned Vehicles). Each Occurrence (combined single limit for bodily injury and property damage) | $1,000,000.00 4. Professional Liability Insurance. A ROW occupant or permittee shall furnish proof of a professional liability insurance policy for its architects, engineers, consultants and other contractors with professional liability exposure and in such kinds and with such limits of liability as set forth below: Project Category | Minimum Insurance Coverage Studies and reports | $100,000.00 each claim $100,000.00 annual aggregate Construction projects Less than $500,000 cost | $100,000.00 each claim $100,000.00 annual aggregate $500,000 to $1,000,000 cost | $250,000.00 each claim $250,000.00 annual aggregate More than $1,000,000 cost | $500,000.00 each claim $500,000.00 annual aggregate Insurance written on a "Claims Made" policy form shall be carried for a minimum of two (2) years after the completion of ROW work or for such additional period as may be required by the permit granted. "Tail" coverage may be carried in lieu of ongoing policies. 5. Workers' Compensation Insurance shall be carried of such kinds and with such limits as required by law. B. Self Insurance. A certificate of self-insurance may be presented to the City in lieu of the foregoing insurance requirements. A certificate of self-insurance may be in lieu of a particular insurance requirement or for the insurance requirements as a whole. Self-insurance for workers' compensation obligations must have been approved by the Oklahoma Workers' Compensation Court and self-insurance for automobile liability obligations must have been approved by the Oklahoma Department of Public Safety, Financial Responsibility Division. C. Endorsement. All insurance policies and certificates maintained pursuant to this chapter shall contain the following endorsement: "It is hereby understood and agreed that this insurance coverage may not be canceled by the insurance company nor the intention not to renew be stated by the insurance company until thirty (30) days after receipt by the ROW administrator, by certified mail, return receipt requested, of a written notice of such intention to cancel or not to renew. If cancellation is for nonpayment of premium, then such notice shall not be less than ten (10) days, or as otherwise required by law." For those companies that do not comply with the "Endorsement" requirement set forth above, the City shall require a valid certificate of insurance be delivered to the ROW administrator every thirty (30) days to prove that the required insurance has not been canceled. D. Qualifications of Insurance Companies. All insurance policies required to be maintained by a ROW occupant or permittee shall be with an insurance company qualified to do business in the state of Oklahoma, with a B++VII or better rating of insurance by Best's Key Rating Guide, Property/Casualty Edition. E. Approval. All certificates of insurance, indemnification agreements and bonds executed to the City shall be provided to the ROW administrator, who shall ascertain whether the insurance company or surety is authorized to do business in the state of Oklahoma, then submitted to the City Attorney for approval as to form, then submitted to the Mayor for approval. F. Additional Insured. All liability insurance policies, except workers' compensation, shall name the City, its elected and appointed officials, officers, boards, commissions, commissioners, agents and employees as additional insured. The owner's and contractor's protective liability insurance shall insure the City of Tulsa against any and all actions, claims, judgments or demands arising from damages and/or injuries of any kind and character sustained by any person or persons because of work performed by the contractor. G. Cancellation and Penalty. No ROW occupant or permittee shall cancel or reduce coverage of any insurance required herein without first delivering proof to the ROW administrator of alternative insurance which complies with this chapter. Failure to satisfy the insurance requirements herein shall subject the ROW occupant or permittee to an administrative penalty not to exceed Five Hundred Dollars ($500.00) per each uninsured day. (Ord. Nos. 19945, 20956)

Tulsa Revised Ordinances tit. 11, § 1212 Indemnification.

Section 1212. - Indemnification. A. Each ROW occupant and permittee shall, at their sole cost and expense, indemnify, hold harmless and defend the City, its elected and appointed officials, officers, boards, commissions, commissioners, agents, employees and volunteers against any and all claims, suits, causes of action (whether frivolous or otherwise), proceedings and judgments for damages or equitable relief arising out of the installation, construction, maintenance or operation of facilities by the ROW occupant or permittee; the conduct of the ROW occupant's business in the City; or in any way arising out of the ROW occupant's enjoyment or exercise of the privileges granted by the City or applicable law, regardless of whether the act or omission complained of is authorized, allowed or prohibited by the City, other applicable law, or the terms of any grant to occupy the arterial rights-of-way. B. Each ROW occupant and permittee shall indemnify and hold harmless the City and its elected and appointed officers, officials, boards, commissions, commissioners, employees, agents and volunteers from and against any and all claims, demands, suits or causes of action (whether frivolous or otherwise) of any kind or nature, and the resulting losses, costs, expenses, reasonable attorneys' fees, liabilities, damages, orders, judgments or decrees sustained by the City arising out of, or by reason of, or resulting from or of the acts, errors or omissions of the ROW occupant or permittee, or its agents, independent contractors or employees related to or in any way arising out of the construction, operation or repair of the facilities in question. C. The indemnity provision of this Section 1212 includes, but is not limited to, the City's reasonable attorneys' fees incurred in defending against any such action, claim, suit (whether frivolous or otherwise) or proceeding, as well as the reasonable value of any services rendered by the City Attorney or City staff or employees. D. Nothing in this chapter shall be construed to waive any immunity the City enjoys under applicable law or the Oklahoma Constitution. E. Acceptance of the provisions of this section shall be a condition of all occupancy permits and rights-of-way construction permits. (Ord. No. 19945)

Tulsa Revised Ordinances tit. 11, § 1213 No limits on liability.

Section 1213. - No limits on liability. Neither the provisions of this chapter nor any damages recovered by the City shall be construed to limit the liability of a ROW occupant or permittee for damages to the City, its elected and appointed officials, officers, boards, commissions, commissioners, agents, employees, volunteers and/or any other person or persons. (Ord. No. 19945)

Tulsa Revised Ordinances tit. 11, § 1214 Record maintenance.

Section 1214. - Record maintenance. A. Access to Records. ROW occupants shall keep books and records for periods of time reasonably established by the City to determine compliance with this chapter. City, after reasonable notice, shall have the right to review the books and records, including any complaints, of ROW occupants during normal business hours as is reasonably necessary to monitor compliance with this chapter. Such records shall include, but shall not be limited to, any public records required to be kept by ROW occupants pursuant to the rules and regulations of the FCC or any other federal or state regulatory commission or agency having jurisdiction over the ROW occupant. ROW occupants shall not be required to disclose information which it reasonably deems to be proprietary or confidential in nature; provided this exception shall not be construed to include financial records necessary to enable the City to determine compliance with ROW occupants' fee payment obligations; provided further this exception shall not be construed to include system maps as set forth in Section 1214.B, below. Subject to open meeting and record disclosure laws of the state of Oklahoma, City agrees to treat any information disclosed by ROW occupants to it on a confidential basis and only to disclose it to employees, representatives and agents thereof that have a need to know or in order to enforce the provisions hereof. The Council may inspect the books and records of ROW occupants as necessary to determine compliance with the terms of this chapter and may compel attendance of witnesses. Copies of all petitions, applications and communications submitted by ROW occupants to the FCC or any other federal or state regulatory commission or agency having jurisdiction in respect to any matters affecting the ROW occupants operations shall be submitted to the City Clerk upon request. B. System Mapping. Each ROW occupant shall maintain accurate maps and improvement plans showing the location, size and a general description of all facilities, equipment and service drops installed in the arterial rights-of-way and any power supply sources (including voltages and connections). Facilities and equipment shown shall include, but not be limited to, cables, conduits, electric lines, pipelines, fiber optic cables, electric transformers, gas meters and junction boxes. The ROW occupant shall provide a system map to the ROW administrator showing the approximate location of its facilities located along the arterial rights-of-way. Maps shall be submitted in a digital format acceptable to the City, unless otherwise exempted. C. As-Built Plans. Preliminary plans shall be submitted for each new construction project at the time of application for a rights-of-way construction permit. After completion of construction on each project, final as-built construction and acquisition facility maps shall be submitted to the Public Works Department. Such as-built maps shall be based upon post-construction inspections to verify location. Copies of as-built maps in a digital format acceptable to the City shall be submitted to the ROW administrator, unless otherwise exempted. D. Initial Plan Submittal. Each person occupying the rights-of-way as of the effective date of this chapter shall submit a plan to the ROW administrator as part of its initial registration pursuant to Section 1205.A, specifying in detail the steps it will take to comply with the requirements of this section to document existing facilities. The plan shall provide for the submission of all mapping data for existing facilities along or within: 1. The downtown business district (within the Inner Dispersal Loop) within six (6) months after the effective date of this chapter; and 2. The major arterial street system within twelve (12) months after the effective date of this chapter; and 3. The remainder of the City within twenty-four (24) months after the effective date of this chapter. The City may grant extensions of the time periods described above for good cause shown. Notwithstanding the foregoing, new facility mapping submissions shall commence for all new projects immediately after the effective date of this chapter. In lieu of submitting a plan, anyone occupying the arterial rights-of-way that already has the required mapping information may submit such information at the time of initial registration. E. New ROW Occupants. New ROW occupants shall submit complete accurate mapping data for all their equipment at the earlier of initial registration or the time any rights-of-way construction permits are sought under this chapter. (Ord. No. 19945)

Tulsa Revised Ordinances tit. 11, § 1215 Relocation of equipment and facilities.

Section 1215. - Relocation of equipment and facilities. A ROW occupant or permittee must promptly and at its own expense, with due regard for seasonal working conditions, permanently relocate its equipment and facilities in the arterial rights-of-way upon written notification by the Director of Public Works. The ROW administrator shall forward a recommendation upon careful determination of the best interest of the health, safety and welfare of the public regarding any such relocation. Such relocation shall include restoring the arterial rights-of-way to the same condition it was in prior to said relocation, in accordance with the terms of this chapter. A ROW occupant shall, within six (6) months, at its own expense, protect or modify any part of its facility when required by the City by reason of traffic safety, public safety, road construction, change of street grade, installation of water, stormwater or sanitary pipes, traffic-signal devices or any other types of City improvement projects. The ROW administrator may recommend such actions in order to prevent interference by the ROW occupant's facilities with: a present or future City use of the arterial rights-of-way; or a capital improvement project funded and scheduled to be undertaken by the City; or an economic development project in which the City has an interest or investment. The ROW administrator may also recommend such actions: when the public health, safety and welfare require it; or when necessary to prevent interference with the safety and convenience of ordinary travel over the arterial rights-of-way, both vehicular and pedestrian; or when aboveground equipment is located in such a manner as to create an obstruction to a driver's line of sight. The ROW occupant may for due cause make application to the Public Works Director for an extension to complete such relocation as required by this section. The foregoing does not alter a ROW occupant's prior rights or obligations within an existing easement established prior to the dedication of rights-of-way in establishing the party responsible for the expense of any required relocation of equipment. (Ord. No. 19945)

Tulsa Revised Ordinances tit. 11, § 1216 Pre-excavation location of equipment.

Section 1216. - Pre-excavation location of equipment. Before a ROW occupant or permittee shall commence to excavate in a roadway, street, alley or other rights-of-way as defined in this chapter, such ROW occupant or permittee, unless otherwise exempt by state statute, shall first notify all operators in the City who are on file with the county clerk as to having underground facilities within the county, pursuant to the Underground Facilities Damage Prevention Act, 63 O.S.1991, §§ 142.1, et seq., as supplemented; said notice shall be either directly or by notice to the statutory "Okie" One-call notification center. Each ROW occupant served with notice in accordance with 63 O.S.1991, § 142.6, shall locate and mark or otherwise provide the location of the underground facilities of the operator in such a manner as to enable the excavator to determine the precise location of the underground facilities in advance of excavation. In any event, should the excavator in the course of excavation discover and damage an unmarked utility, the City of Tulsa shall be indemnified from liability for any damage that should occur due to the failure on the part of either the excavator or the ROW occupant. (Ord. No. 19945)

Tulsa Revised Ordinances tit. 11, § 1217 Damage to other facilities.

Section 1217. - Damage to other facilities. Each ROW occupant shall comply fully with the Underground Facilities Damage Prevention Act, 63 O.S.1991, §§ 142.1, et seq., as amended. (Ord. No. 19945)

Tulsa Revised Ordinances tit. 11, § 1218 Abandoned and unusable facilities.

Section 1218. - Abandoned and unusable facilities. A. Discontinuing operations. A ROW occupant that has determined to discontinue its operations in the City must either: 1. Obtain the consent of the City to transfer ownership control of its facilities pursuant to Section 1223 and ensure that the new owner or controlling entity has applied for registration prior to closing; or 2. Submit to the City, within ninety (90) days of the planned date for discontinuance of operation, a proposal and instruments for transferring ownership of its facilities to the City. If a ROW occupant proceeds under this clause, the City may at its option: a. Purchase the facilities; or b. Require the ROW occupant, at its own expense, to remove the facilities. B. Abandonment. Facilities of a ROW occupant who fails to comply with the preceding paragraph and which for twelve (12) months remain unused, shall be deemed to be abandoned. Abandoned facilities are deemed to be a nuisance. Upon thirty (30) days' notice to the occupant, the City may exercise any remedies or rights it has at law or in equity, including but not limited to: 1. Abating the nuisance; 2. Taking possession of the facilities and restoring them to a useable condition; 3. Requiring removal of the facilities at the expense of the ROW occupant; or 4. Removing abandoned facilities in any arterial rights-of-way in conjunction with a proposed construction project. (Ord. No. 19945)

Tulsa Revised Ordinances tit. 11, § 1219 Rights-of-way vacation.

Section 1219. - Rights-of-way vacation. In the event that application of any provision of this chapter requires the vacation of a street or other public way, such vacation shall be accomplished in accordance with 11 O.S.1991, §§ 42-101, et seq., as amended, and Title 11, Chapter 7, Tulsa Revised Ordinances, as amended. (Ord. No. 19945)

Tulsa Revised Ordinances tit. 11, § 1220 Cable and open video system provisions.

Section 1220. - Cable and open video system provisions. ROW occupants who provide video service shall abide by the following provisions: A. Video Service Fee. 1. A video service fee shall be paid in an amount equal to five percent (5%) of the video service gross revenues from within the corporate limits of the City of Tulsa, Oklahoma, for each current year. This video service fee shall be in lieu of any applicable occupancy fee or the inspection fee and service charge paid for the provision of video service pursuant to Subsection 1206.A. or 1206.B. of this chapter. The video service fee, together with any accumulated interest, shall be payable monthly on or before the 25th day after the end of each month on video service gross operating revenues received for that month, beginning no later than August 2009. If the payment is not timely made, interest upon any unpaid portion shall accrue at the rate of one and one-half percent (1½%) per month until paid. ROW occupants shall file a complete and accurate verified statement of all video service gross operating revenues within the corporate limits of the City of Tulsa, Oklahoma, during the period for which the monthly payment is made and an annual statement of such video service gross operating revenues, verified by the ROW occupant's external certified public accountant, within sixty (60) days after the end of each calendar year. ROW occupant's first annual statement shall include the months of the calendar year that preceded the first month in which the occupancy permit is effective. If ROW occupant fails or refuses to pay such fee, City may maintain an action against ROW occupant for the amount of such fee and interest and all expenses of collecting same, including reasonable attorney's fees. 2. Any person leasing video service capacity from a ROW occupant, other than a person whose revenues are included in the payment made under paragraph A.1. of this section, shall pay the City a fee in lieu of the occupancy permit fee of five percent (5%) of the video service gross revenues of such person. Such payment shall be subject to the terms and be made in the same manner as prescribed in paragraph A.1. of this section. Notwithstanding the foregoing, where a ROW occupant charges any person, other than an affiliate, to use its system and that person recovers those use payments through charges to its subscribers that are included in that person's video service gross revenues and that person fully recovers its use payments through charges to its subscribers and pays a fee on those charges pursuant to paragraph A.1. of this section, then the ROW occupant may deduct from its video service gross revenues the use payments it receives from that person. 3. In addition to the fees payable hereunder, consistent with 47 U.S.C. § 542(g)(2)(C), City may, at any time, by action of a majority of the City Council, establish a capital contribution fee for educational and governmental access channels, video streams and facilities. ROW occupants providing video and audio originations pursuant to paragraphs 1220.G.3.a.—c. shall pay the City a capital contribution fee for educational and governmental programming support. The amount of the capital contribution fee shall be determined by City Council, but in no event shall exceed one-half of one percent (0.5%) of the ROW occupant's video service gross revenues within the City. The City shall determine the amount of the capital contribution fee in its sole discretion, but may use it only as allowed by federal law to support educational and governmental access channel facilities. The City shall provide the ROW occupant written notice at least forty-five (45) days in advance of the date on which the City seeks to start collecting the capital contribution fee, setting forth the percentage it seeks to collect. The capital contribution fee shall not be offset, deducted or chargeable as a credit against the video service fee required by this section. The capital contribution fee shall be administered, collected and paid in the same manner as prescribed in this Subsection 1220.A. and may be added by a ROW occupant as a separate line item on each regular bill of each subscriber. The payment of the capital contribution fee shall be in lieu of any other monetary payment, or in-kind compensation or grants, to the City for educational and governmental support. Examples of educational and governmental support include providing and maintaining of transmitter encoders and any data transport necessary to transport educational and governmental signals from any video or audio origination point identified in paragraphs 1220.G.3.a.—c. to the ROW occupant's network, as well as providing technical assistance required for the use of channels or video streams for governmental and educational use. At the ROW occupant's option, however, the ROW occupant may provide "in-kind" educational and governmental support to the City in lieu of paying the capital contribution fee or a portion thereof to the City. Any ROW occupant that elects to provide "in-kind" educational and governmental support in lieu of all or a portion of the capital contribution fee shall, upon written request, advise the City of the estimated fair value of such in-kind support. The City shall have the right to challenge such estimate. 4. The provisions of this chapter contained in Subsection 1206.D., titled "Records Inspection"; Subsection 1206.E., titled "Late Fees and Interest on Late Payments"; and Subsection 1206.F., titled "No Deduction or Credit Against Taxes", which are applicable to ROW occupants paying occupancy fees or inspection fee and services charges shall also be applicable to ROW occupants required to pay video service fees. B. Service standards. ROW occupants shall maintain and operate their facilities and render efficient video service in accordance with such rules and regulations as shall be promulgated by the FCC. Wherever it is necessary to interrupt video service for the purpose of making repairs, adjustments or installments, ROW occupants shall do so at such time as will cause the least inconvenience to subscribers, and unless such interruption is unforeseen and immediately necessary, ROW occupants shall give reasonable notice to subscribers. C. Regulation by City. 1. ROW occupants in the installation, maintenance and operation of facilities providing video service shall, at all times, be subject to the terms and provisions of the general ordinances of the City and to the lawful exercise of the police power of the City. 2. ROW occupants shall be subject to the lawful exercise by City of all other powers, functions, rights, privileges and immunities of regulation of video service, or any other service granted or delegated to City by the Charter, by the Constitution and laws of Oklahoma or the laws and regulations of the United States of America. D. Provision of video service. City council reserves the right to require ROW occupants to provide for video service, or services substantially similar thereto, to all residences and properties in developed areas within the corporate limits of the City, subject to limitations related to distance from current facilities or other technical limitations. In the event that the City Council exercises this right, ROW occupants may charge for extension of video service facilities based upon the cost of labor, materials, acquisition of property rights, as well as for the services provided. E. Operational standards. 1. ROW occupants shall maintain and operate facilities so as to provide video, audio and other signals to be delivered with signal strength and quality levels which meet the parameters specified by the FCC and any other normally accepted industry standards. ROW occupants shall construct facilities providing video service and operate and maintain them in a manner consistent with all ordinary care and all applicable laws, ordinances, construction standards and FCC technical standards. Upon request, ROW occupants shall provide City a report of the results of any FCC required proof of performance test conducted by ROW occupants. 2. City shall notify ROW occupants in writing of any complaint from subscribers or of any failure of ROW occupants to comply with the terms and conditions of this permit. ROW occupants, upon receipt of such notice, shall promptly investigate the complaint and take such action as is necessary to provide video service to subscribers and to operate as required. F. Services to subscribers. ROW occupants shall provide to subscribers as a part of its video service local television broadcast signals as required by federal law and FCC regulations subject to obtaining the consent of the local broadcast stations as required by law, and educational and public affairs programming including local educational and governmental programs. G. Governmental and educational uses. 1. Governmental and educational channels or video streams. Within one hundred twenty (120) days of a request from the City, ROW occupants offering video service shall provide for governmental and educational use only, at no cost to such users, the following: a. One (1) channel or video stream on any facility providing video service, for the exclusive use of Independent School District Number One of Tulsa County, Oklahoma (Tulsa Public Schools), provided Tulsa Public Schools develops, staffs and operates facilities and other equipment to provide educational and similar public service programming on such channel or video stream on a continuing basis and cooperates with other public elementary and secondary schools intending to provide such programming within the ROW occupant's video service area, within the City; b. One (1) channel or video stream on any facility providing video service, for the exclusive use of Tulsa Community College, in cooperation with other institutions of higher learning within the service area and service areas of other video service facilities owned by a ROW occupant and interconnected with a video service facility within the City, which develop, staff and operate facilities and equipment to provide educational programming on a continuing basis; and c. One (1) channel or video stream on any facility providing video service, for the exclusive use of the City. d. Each channel or video stream referenced in subparagraphs G.1(a), (b) and (c), above, may be made available via a single channel, video stream or tier which serves as a gateway to multiple governmental and educational channels or video streams. If potential users are unable to agree on the allocation of channels or video streams provided in these subparagraphs G.1.a., b. and c. of this section, the Council may promulgate rules, regulations and procedures governing the use of governmental and educational channels or video streams. The Council shall resolve any disputes between any user of the channels or video streams and shall approve all allocations of educational and governmental channels provided in these subparagraphs G.1.a., b. and c. Any content to be carried on such channel or video stream must be delivered to the ROW occupant at a point of presence agreed to by the ROW occupant and the user, in a format compatible with that ROW occupant's technology. The user will be solely and individually responsible for its own programming content. 2. Service Outlets. Upon request: a. Subject to the provisions of paragraph G.2.b.: (1) ROW occupants which provide video services within two hundred fifty (250) feet of a state accredited elementary and secondary school, including but not limited to all buildings and other facilities designated by the named public schools, or an institution of higher learning, in coordination with the City and all other video service providers, shall be obligated to provide one (1) free installation and monthly video service package, not including services offered on a premium or pay per view basis, to each state accredited school site and to each campus of each institution of higher learning. (2) ROW occupants which provide video services within two hundred fifty (250) feet of City Hall, the Jack Purdie Police/Municipal Courts Building, the Tulsa Regional Convention and Event Center, the Fire Department Training Center, fire stations, the Performing Arts Center, the City-County Health Department, International Airport, Police Detention Center, Police Training Center, Police Stations, recreation centers and maintenance facilities, in coordination with the City and all other video service providers, shall be obligated to provide one (1) free installation and monthly video service package, not including services offered on a premium or pay per view basis, to each location listed above. b. After any such request, unless the entity requesting service specifies the ROW occupant that is to provide service, the City will confer with all ROW occupants obligated to provide service pursuant to subparagraph G.2.a., to determine assignments in a reasonable manner. No more than one (1) ROW occupant shall be required to provide the service required by this paragraph G.2. to any given location. If another ROW occupant is providing such service as of May 31, 2009, an entity covered by this paragraph G.2. may request service at no cost, as provided in subparagraph G.2.a., but shall be required to bear all installation costs. Additional installations as at any particular location set forth in subparagraph G.2.a. shall be at the cost of labor and installation to the entity receiving the service. c. In compliance with this paragraph G.2.: (1) No ROW occupant shall be required to provide inside wiring. (2) No ROW occupant shall seek to offset recurring costs associated with the requirements of this paragraph G.2. against fees payable pursuant to this chapter, nor shall a ROW occupant impose such costs on the City, accredited school or institution of higher learning receiving such free installations and service. (3) No ROW occupant shall offset any nonrecurring installation and nonrecurring repair of service costs provided pursuant to this paragraph G.2. against any fees payable under this chapter. d. After a service outlet or connection is provided to any governmental or educational facility pursuant to this paragraph G.2., the services and connection shall not be discontinued or removed by a ROW occupant without the prior, express consent of the City Council. 3. Video and audio originations. Upon request: a. ROW occupants providing video services within two hundred fifty (250) feet of the Tulsa Education Service Center shall work with the proper authorities to provide, at no cost, connections for video and audio originations from the Tulsa Education Service Center; b. ROW occupants providing video services within two hundred fifty (250) feet of the Tulsa Community College Metro Campus shall work with the proper authorities to provide, at no cost, connections for video and audio originations from the Tulsa Community College Metro Campus; and c. ROW occupants providing video services within two hundred fifty (250) feet of one (1) location designated by the City shall work with the proper authorities to provide, at no cost, connections for governmental video and audio originations from that location. Upon request from a governmental or educational user, ROW occupants shall provide, at the direct cost to the ROW occupants of labor and materials, additional connections for video and audio originations from other points. ROW occupants providing "in-kind" educational and governmental support pursuant to paragraph 1220.A.3. of this title shall, at no cost, provide technical assistance required for the use of channels or video streams for governmental and educational use. If potential users are unable to agree upon the use of the channels or video streams for video and audio originations from the locations to serve state accredited elementary and secondary schools and institutions of higher learning provided in subparagraphs G.3.a. and b., the Council may promulgate rules, regulations and procedures governing the use of the channels or video streams for video and audio originations for state accredited elementary and secondary schools and institutions of higher learning. The Council shall resolve any disputes between any user of the educational channels or video streams. 4. ROW occupants shall not make any separate or premium charge to a subscriber for access to educational or governmental channels or video streams. 5. All channels or video streams allocated for governmental and educational use shall be of the same quality as any other channel or video stream for video service. All channels or video streams allocated for educational use shall be available to subscribers in the service area and the service areas of other video service facilities interconnected with it. 6. When a channel or video stream allocated for governmental or educational use has been assigned a channel number or position by the ROW occupants, such channel number or position shall not be changed until at least six (6) months' written notice has been given to the user of such channel. H. Emergency alert services to City. If requested by the City, ROW occupants providing video service shall carry all federal, state and local alerts provided over the "Federal Emergency Alert System" in the event of a public safety emergency. I. Nondiscrimination. 1. ROW occupants shall not deny any person or group of potential video service subscribers access to video service because of race, color, religion, national origin, age, gender, physical handicap or the income of residents in the local area in which a person or group resides. 2. ROW occupants shall not discriminate in the rates or charges for video services or in making available video services or facilities of the system. ROW occupants shall not extend any preference or advantage to any subscriber or potential subscriber to the system or to any user or potential user of the system. 3. ROW occupants shall not discriminate against any employee or applicant for employment because of race, color, religion, age, gender or national origin. ROW occupants shall comply with all applicable laws and regulations of the United States and of Oklahoma with respect to employment and personnel practices. J. Certain rights regarding IP video and cable service not waived. In the enactment of provisions in this section that are applicable to IP video service, the City acknowledges that certain ROW occupants providing IP video service have asserted and may assert that they are not required to obtain a ROW occupant permit from the City in order to provide IP video service. Regardless of this position, in consideration of the forbearance of litigation by the City in relation to the provision of IP video service by such ROW occupants within the City and the City's adherence to permitting practices with respect to the installation of facilities that may be used to provide IP video services, certain ROW occupants are willing to operate within the regulations provided in this section and to pay the IP video service fee specified in this section. The City, by enactment of provisions in this section applicable to IP video service and any ROW occupant providing IP video services pursuant to this chapter agree that neither shall be deemed to have waived any of it rights, which may be contrary to the definitions, regulations and actions established in this chapter. K. Change or clarification of law. In the event a court or federal agency or any governmental legislative body with jurisdiction rules or declares that IP video service is a cable service, or that IP video service is subject to the same laws and regulations as a cable service provider or cable television system, and if the ruling or declaration is effective and binding upon either the City or the ROW occupant providing IP Video service within the City of Tulsa, then the ROW occupant shall be subject to the provisions of section. (Ord. Nos. 19945, 21282, 21393; Ord. No. 22146, § 3, 10-15-2009; Ord. No. 22169, §§ 1, 2, 12-10-2009)

Tulsa Revised Ordinances tit. 11, § 1221 Thermal service row usage fee.

Section 1221. - Thermal service row usage fee. All providers of thermal service shall pay a thermal service ROW usage fee in the amount of three percent (3%) of the gross revenues from the sale of chilled water and steam. The thermal service ROW usage fee shall be in addition to the occupancy fee. The thermal service ROW usage fee shall be payable monthly on or before the 25th day of each month, on the cash receipts of the preceding calendar month. If the monthly payment is not timely made, interest upon any unpaid portion shall accrue at the rate of one and one-half percent (1.5%) per month until paid. Those providing thermal service shall furnish with each monthly payment a complete and accurate, verified statement of all gross revenues from sales within the City of Tulsa during the month for which said payment is made. Such statement and payment shall be made to the Director of Finance. If the provider of thermal service fails or refuses to pay such fee, the City may maintain an action against the thermal service provider for the amount of such fee and interest and all expenses of collecting same, including reasonable attorneys' fees. The fee and interest imposed hereunder shall constitute a first and prior lien upon all of the assets of the thermal service provider located within the City of Tulsa, Oklahoma. (Ord. No. 19945)

Tulsa Revised Ordinances tit. 11, § 1222 Reservation of regulatory and police powers.

Section 1222. - Reservation of regulatory and police powers. No provision of this chapter, nor any action taken by the City pursuant to this chapter, shall be deemed to surrender, waive, impair, or lessen the lawful powers and rights to regulate the use or occupancy of the rights-of-way that now or may be hereafter vested in the City under the Constitution and statutes of the state of Oklahoma or under the Amended Charter of the City of Tulsa. By accepting an occupancy permit or a rights-of-way construction permit, a permittee or ROW occupant is deemed to acknowledge that its rights are subject to the regulatory and police powers of the City as exist under applicable law to adopt and enforce general ordinances necessary for the safety and welfare of the public and is deemed to agree to comply with all applicable general laws and ordinances enacted by the City pursuant to such powers. Unless otherwise expressly provided in an occupancy permit or rights-of-way construction permit, any conflict between the provisions of any such authorization and any other present or future lawful exercise of the City's regulatory or police powers shall be resolved in favor of the City. (Ord. No. 19945)

Tulsa Revised Ordinances tit. 11, § 1223 Severability.

Section 1223. - Severability. If any section, sentence, clause or phrase of this Ordinance or any part thereof is for any reason found to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remainder of this Ordinance or any part thereof. (Ord. No. 19945)

Tulsa Revised Ordinances tit. 11, § 1224 Revocation.

Section 1224. - Revocation. If a regulatory body or a court of competent jurisdiction should determine by a final, nonappealable order that any franchise, permit, right or registration issued under this chapter or any portion of this chapter is illegal or unenforceable, then any such franchise, permit, right or registration granted or deemed to exist hereunder shall be considered as a revocable permit with a mutual right of either party to terminate without cause upon giving sixty (60) days' written notice to the other. The requirements and conditions of such a revocable permit shall be the same requirements and conditions as set forth in the franchise, permit, right or registration, respectively, except for conditions relating to the term of the permit and the right of termination. If a franchise, permit, right or registration shall be considered a revocable permit as provided herein, the permittee must acknowledge the authority of the City Council to issue such revocable permit and the power to revoke it. (Ord. No. 19945)

Tulsa Revised Ordinances tit. 11, § 1225 Transfers.

Section 1225. - Transfers. A. Notification required. No transfer shall occur without prior notice to the Public Works Director. Notice of the transfer must meet the requirements of Section 1205, as applicable, and provide complete information on the proposed transaction, including the legal, financial, technical and other pertinent qualifications of the transferee as deemed necessary by the Public Works Director. B. No waiver or release. A transfer of an occupancy permit or a rights-of-way construction permit shall not constitute a waiver or release of any of the rights of the City. C. Recovery of costs. The City may impose a charge, in addition to any occupancy fee or other compensation authorized by this chapter or applicable law, to cover the City's costs in excess of the filing fee in considering an application for a transfer of an occupancy permit or a rights-of-way construction permit. (Ord. No. 19945)

Tulsa Revised Ordinances tit. 11, § 1226 Exemptions.

Section 1226. - Exemptions. This chapter applies, to the greatest extent permissible under applicable law, to all ROW occupants. If, on the effective date of this chapter, a person holds a franchise, or has prior rights under a contract, and the terms of this chapter conflict with or impose additional requirements or obligations not contained in the franchise or contract, that person is exempted from such terms of this chapter and the terms of the franchise shall control, to the extent required by the franchise or contract and applicable law. (Ord. No. 19945)

Tulsa Revised Ordinances tit. 11, § 1227 Enforcement.

Section 1227. - Enforcement. A. Remedies for violations. If a ROW occupant violates any provision of this chapter, the Director of Finance may, after providing notice to the ROW occupant at the address provided in the occupancy permit and a hearing in which the ROW occupant may appear and be heard, take one (1) or more of the following actions: 1. Impose liquidated damages in the amount, if any, provided in the occupancy permit or rights-of-way construction permit, whether per day, incident or other measure of violation. Payment of liquidated damages by the ROW occupant does not relieve the ROW occupant of its obligation to meet the requirements of this chapter; 2. Impose penalties pursuant to Section 1228; 3. Reduce the duration of the occupancy permit or rights-of-way construction permit on any basis the City determines is reasonable and affords the ROW occupant reasonable due process; and/or 4. Revoke the occupancy permit or rights-of-way construction permit pursuant to its terms or applicable law. B. Director of Finance's discretion. In determining which remedy or remedies are appropriate under Subsection 1227.A, the Director of Finance shall consider the nature of the violation, the person or persons bearing the impact of the violation, the nature of the remedy required in order to prevent further violations and any other matters the Director of Finance determines are appropriate. In addition to or instead of these remedies, the Director of Finance may seek legal or equitable relief from any court of competent jurisdiction. C. Opportunity to cure. Before initiating a remedy under this section, other than revocation of the occupancy permit or rights-of-way construction permit, the City shall give the ROW occupant written notice of the violations claimed and at least twenty (20) working days to correct the violations. (Ord. No. 19945)

Tulsa Revised Ordinances tit. 11, § 1228 Penalties.

Section 1228. - Penalties. The Director of Finance shall have the authority to assess penalties against a ROW occupant for failure to comply with the terms of its occupancy permit or rights-of-way construction permit or any other portions of this chapter. Any such assessment must be provided to the ROW occupant in writing with a notice of violation and provide for a reasonable opportunity to cure the violation, provided that the violation is not a result of inclement weather. If the ROW occupant fails to remedy the deficiency by the end of the twenty (20) day period provided in Section 1227.C, the penalty amounts shall begin to accrue and shall continue to accrue until the date that the deficiency is corrected. A. For effecting or attempting to effect a transfer without approval: Two Thousand Dollars ($2,000.00) a day for each violation for each day the violation continues; B. For failure to supply information, reports or filings lawfully required under the terms of an occupancy permit or ROW construction permit or applicable law or by the City: Five Hundred Dollars ($500.00) a day for each violation for each day the violation continues; C. For failure to pay occupancy fees, inspection fees, service charges or other fees imposed by this chapter: One Thousand Dollars ($1,000.00) per day; D. For failure to restore or repair damages to private property: Two Hundred Dollars ($200.00) per day, in addition to the cost of the restoration; E. For any other violations of the City code, occupancy permit, rights-of-way construction permit or other applicable law: Five Hundred Dollars ($500.00) a day for each violation for each day the violation continues. (Ord. No. 19945)

Tulsa Revised Ordinances tit. 11, ch. 12, Sched. A

SCHEDULE A. PART 1. Refer to Title 35, Tulsa Revised Ordinances, Section 302, for fee schedule currently in effect. PART 2. Schedule of Degradation Values PC Concrete | (Design life = 30 years) Years | Depreciation Value New Concrete | 0—5 | 98% Good Concrete | 5—1 5 | 78% Fair Concrete | 1—2 5 5 | 44% Poor Concrete | > 2 5 | 15% Asphalt Concrete | (Design life = 20 years) Years | Depreciation Value New Asphalt | 0—3 | 99% Good Asphalt | 3—1 1 | 78% Fair Asphalt | 1—2 1 0 | 34% Poor Asphalt | > 2 0 | 11% Asphalt Over PCC | (Design life = 20 years) Years | Depreciation Value New APC | 0—2 | 99% Good APC | 2—7 | 77% Fair APC | 7—1 2 | 33% Poor APC | > 1 2 | 11% Degradation percentage: Paving Cut = 20% The following formula shall be used to calculate the degradation cost: Area of construction + 1′ around perimeter of site; times Cost $10.00 per square foot of paving; times Depreciation Value; times Degradation Percentage RIGHT-OF-WAY FEE ALLOCATED EXPENSES WORKSHEET Historical Expenses | Allocated Expenses Section No. | Section Description | 1994/1995 | 1995/1996 | 1996/1997 | 1997/1998 | 1998/1999 | % of Allocation to Fee Structure | 1994/1995 | 1995/1996 | 1996/1997 | 1997/1998 | 1998/1999 40711 | Public Facilities Maintenance/Operations Administration | $121,473 | $103,809 | $103,088 | $105,825 | $116,507 | 20% | $24,295 | $20,762 | $20,618 | $21,165 | 23,301 40713 | Office Support-Public Facilities | $63,064 | $64,550 | $66,317 | $68,475 | $38,881 | 20% | $12,613 | $12,910 | $13,263 | $13,695 | $7,776 40735 | Vegetation - ROW | $ 1,019,172 | $ 1,194,257 | $ 1,220,100 | $ 1,520,658 | $ 1,609,713 | 75% | $ 764,379 | $ 895,693 | $ 915,075 | $ 1,140,494 | $ 1,207,285 40737 | Tree Removal - ROW | $ 280,150 | $ 354,867 | $ 358,618 | $ 417,513 | $ 476,064 | 75% | $ 210,113 | $ 266,150 | $ 268,964 | $ 313,135 | $ 357,048 40715 | Roadside Cleanup | $ 296,219 | $ 430,731 | 75% | $ 222,164 | $ 323,048 40738 | Illegal Dumping | $ 328,702 | $ 387,430 | $ 530,156 | $ 435,196 | $ 290,990 | 75% | $ 246,527 | $ 290,573 | $ 397,617 | $ 326,397 | $ 218,243 40734 | Roadside Ditching and Maintenance | $ 377,801 | $ 413,952 | $ 382,260 | $ 762,011 | $ 647,253 | 30% | $ 113,340 | $ 124,186 | $ 114,678 | $ 228,603 | $ 194,176 40744 | Street Cleaning | $ 289,112 | $ 532,794 | $ 663,129 | $ 833,375 | $ 934,459 | 30% | $ 86,734 | $ 159,838 | $ 198,939 | $ 250,013 | $ 280,338 40011 & 40211 | Public Works Director & Asst. public Works Director | $ 415,514 | $ 513,765 | $ 489,762 | $ 505,935 | $ 539,495 | 5% | $ 20,776 | $ 25,688 | $ 24,488 | $ 25,297 | $ 26,975 40511 | Engineering Services - Administrative | $ 350,070 | $ 360,169 | $ 428,859 | $ 727,803 | $ 672,562 | 10% | $ 35,007 | $ 36,017 | $ 42,886 | $ 72,780 | $ 67,256 40521 | Design Services - Administrative | $ 118,707 | $ 121,683 | $ 127,088 | $ 138,138 | $ 185,366 | 10% | $ 11,871 | $ 12,168 | $ 12,709 | $ 13,814 | $ 18,537 40524 | Graphics/CADDS | $ 404,447 | $ 413,607 | $ 790,333 | $ 499,730 | $ 584,288 | 20% | $ 80,889 | $ 82,721 | $ 158,067 | $ 99,946 | $ 116,858 40526 | Reproduction Records | $ 307,406 | $ 319,982 | $ 326,478 | $ 348,932 | $ 414,109 | 20% | $ 61,481 | $ 63,996 | $ 65,296 | $ 69,786 | $ 82,822 40531 | Field Engineering | $ 155,970 | $ 159,299 | $ 215,054 | $ 223,594 | $ 212,333 | 20% | $ 31,194 | $ 31,860 | $ 43,011 | $ 44,719 | $ 42,467 40532 | Construction Inspection | $ 1,205,475 | $ 1,229,339 | $ 1,253,923 | $ 1,286,324 | $ 1,339,949 | 20% | $ 241,095 | $ 245,868 | $ 250,785 | $ 257,265 | $ 267,990 40533 | Call Okie | $ 115,264 | $ 117,049 | $ 97,290 | $ 110,357 | $ 126,697 | 30% | $ 34,579 | $ 35,115 | $ 29,187 | $ 33,107 | $ 38,009 40534 | Field Surveys | $ 611,163 | $ 627,293 | $ 661,445 | $ 696,288 | $ 722,683 | 50% | $ 305,582 | $ 313,647 | $ 330,723 | $ 348,144 | $ 361,342 40751 | Traffic Control | $ 656,991 | $ 752,400 | $ 730,460 | $ 809,823 | $ 812,457 | 20% | $ 131,398 | $ 150,480 | $ 146,092 | $ 161,965 | $ 162,491 TOTAL | 2,411,871.00 | 2,767,671.00 | 3,032,395.00 | 3,642,488.00 | 3,795,960.00 Indirects and Overheads x 1.20 | $ 2,894,245.44 | $ 3,321,205.38 | $ 3,638,874.12 | $ 4,370,985.42 | $ 4,555,152.06 CPI Factor (Jan.) | 150.3 | 154.4 | 159.1 | 161.6 | 164.3 Jan. (current year) Factor | 168.7 Adjusted CPI for Jan. 2000 | 1.1224 | 1.0926 | 1.0603 | 1.0439 | 1.0268 GRAND TOTAL | 3,248,564.24 | 3,628,804.06 | 3,858,441.63 | 4,563,027.48 | 4,677,140.31 FIVE YEAR AVERAGE | $ 3,995,135.55 CAPITAL COSTS Section No. | Section Description | 1994/1995 | 1995/1996 | 1996/1997 | 1997/1998 | 1998/1999 | % of Allocation to Fee Structure | 1994/1995 | 1995/1996 | 1996/1997 | 1997/1998 | 1998/1999 541 & 5451 | Capital Costs | $6,308,415.00 | $8,060,154.00 | $7,006,494.00 | $8,683,432.00 | $7,841,350.00 | 87.50% | $5,519,863.13 | $7,052,634.75 | $6,130,682.25 | $7,598,003.00 | $6,861,181.25 PRESENT DAY VALUE | $6,195,614.83 | $7,705,825.66 | $6,500,603.99 | $7,931,826.15 | $7,044,925.60 5-Year Average = | $7,075,759.25 Engineering - 15% | $1,061,363.89 Total Capital | $8,137,123.14 MISCELLANEOUS COSTS Section No. | Section Description | 1994/1995 | 1995/1996 | 1996/1997 | 1997/1998 | 1998/1999 | % of Allocation to Fee Structure | 1994/1995 | 1995/1996 | 1996/1997 | 1997/1998 | 1998/1999 34011 | Telecommunications | 90% | $250,048.00 Legal | $ 100,000.00 Degradation Costs of Boring | $ 100,000.00 TOTAL LINEAR FEET OCCUPIED Right-of-Way Occupants | Linear Feet 1 Foot or less | Greater than 1 Foot Southwestern Bell | 488,011 | 659,721 Valor | 91,270 | 130,000 Bixby | 54,300 | 41,600 ONG | 1,300,000 PSO | 200,000 | 1,800,000 City of Tulsa - Water Lines | 1,425,000 | 608,000 City of Tulsa - Stormwater | 200,000 City of Tulsa - Sanitary Sewer | 30,000 | 60,000 Cox Communications | 1,700,000 Trigen | 13,000 Brooks Fiber | 510,000 AT&T | 102,000 ACSI | 10,000 MCI | 49,000 IXC | 5,000 Mapco | 200 Sprint | 25,800 To be installed | 200,000 TOTALS | 6,190,581 | 3,512,321 OCCUPANCY FEE CALCULATIONS Right-of-Way Management and Operations | $ 3,995,195.55 Capital Costs | $ 8,137,123.14 Telecommunications | $ 250,048.00 Legal | $ 100,000.00 Degradation costs of Boring | $ 100,000.00 Total Yearly Right-of-Way Costs | $ 12,582,366.69 Fee Calculation = (x) $3,512,321.00 + (0.5)(x) $6,190,581.00 = $12,582,366.68 1.90 x = | $ 1.90 per foot 0.5 x = | $ 0.95 per foot (Ord. No. 25069, § 2, 6-14-2023)
Source: City of Tulsa, Revised Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/ok/tulsa/codes/code_of_ordinances?nodeId=COOR_TIT11PUWODE_CH12RI-WOCMAFetched: 10/28/2026

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