Presenter
Presented by Mr. Peduto
Title
Ordinance amending the Pittsburgh City Code, Title One, Administrative, to eliminate the Department of General Services and to transfer current Department of General Services responsibilities and functions into other existing City Departments.
Body
WHEREAS, Section 208 of the City of Pittsburgh's Home Rule Charter (the "Charter") permits all units of government except those mandated by the Charter to be abolished by ordinance submitted by the Mayor or City Council; and
WHEREAS, Section 102 of the Charter defines "unit of government" as including "any subdivision of City government including any department, bureau, division, board, commission or magistrate court:" and
WHEREAS, the Department of General Services is not mandated by the Charter and the Mayor now wishes to eliminate this Department and to transfer current General Services functions into other existing Departments; and
WHEREAS, there are currently numerous references to the Department of General Services in the Pittsburgh City Code; and
WHEREAS, the City now desires to address all changes to the Code precipitated by the elimination of the Department of General Services in one Omnibus Ordinance and to add a Bureau of Procurement and Asset Services to the Department of Finance to assist in handling functions transferred thereto;
The Council of the City of Pittsburgh hereby enacts as follows:
Section 1. That the following revisions to Titles One through Six of the Pittsburgh Code of Ordinances are hereby adopted:
SEE ATTACHMENT
Attachment
LIST OF REVISIONS TO ORDINANCES
TITLE ONE - ADMINISTRATION
ARTICLE III - ORGANIZATION:
Section 1: Chapter 103 - Official Standards
Section 103.04 - amended
Section 2: Chapter 111 - Departments Generally
Section 111.01(a) - amended
Section 3: Chapter 119 - Department of Public Works
Section 119.02 - amended
Section 4: Chapter 121 - Department of Finance
Section 121.02 - amended
Section 5: Chapter 127 - Department of General Services
Entire Chapter - repealed
ARTICLE VII - PROCEDURES:
Section 6: Chapter 161 - Contracts:
Section 161.07, 161.09, 161.22, 161.28, and 161.32 - amended
Section 7: Chapter 165- Sale of City Personalty
Sections 165.01, 165.02 - amended
ARTICLE XI - PERSONNEL:
Section 8: Chapter 193 - Bonds and Insurance
Section 193.04 - amended
TITLE FOUR - PUBLIC PLACES AND PROPERTY
ARTICLE I - STREETS AND SIDEWALKS
Section 9: Chapter 411 - Jurisdiction
Section 411.02 - amended
Section 10: Chapter 415 - Openings and Excavations
Sections 415.17 - amended
Section 11: Chapter 425 - Cable Communications
Sections 425.04, 425.07, 425.20 - amended
Section 12: Chapter 427 - Telecommunications Systems in the Public Rights-of-Way
All sections amended except 427.05, 427.14, 427.16, and 427.17
TITLE FIVE - TRAFFIC
ARTICLE III - TOWING
Section 13: Chapter 523 - Tow Pounds
Section 523.04 - amended
TITLE VI - CONDUCT
ARTICLE 1 - REGULATED RIGHTS AND ACTIONS
Section 14: Chapter 619 - Refuse Collection and Recycling 110
Section 619.10 - amended
Section 15: Chapter 621: Regulation of Pay Telephones for Public Safety Purposes
Section 621.02 - amended
Section 1.
Title One - Administrative, Article III, Organization, Chapter 103- Official Standards, Section 103.04 - Marking and Registering City Vehicles, is hereby amended as follows:
§ 103.04 MARKING AND REGISTERING CITY VEHICLES.
(a) The Director of [General Services] the Mayor's Office of Management and Budget Finance shall cause the City seal to be placed on and a "Municipal" motor vehicle registration plate affixed to all motor vehicles owned by the City of Pittsburgh, including but not limited to those assigned to the Mayor's Office, the City Clerk's Office, the Controller's Office and heads of executive departments.
Section 2.
Title One - Administrative, Article III, Organization, Chapter 111 - Departments Generally, Section 111.01 - Establishment; Rules and Regulations; Organization and Control, is hereby amended by deletion of the Department of General Services as follows:
§ 111.01 ESTABLISHMENT; RULES AND REGULATIONS: ORGANIZATION AND CONTROL.
(a) Establishment. The following executive departments are hereby established:
(1) Department of Public Safety.
(2) Department of Public Works.
(3) Department of Finance.
(4) Department of City Controller.
(5) Department of Law.
[(6) Department of General Services.]
(6) [(7)] Department of City Planning.
(7) (8) Department of Parks and Recreation.
(8) [(9] Department of Personnel and Civil Service.
(9) [(10)] Police Bureau.
(10) [(11)] Fire Bureau.
(11) [(12)] Emergency Medical Services Bureau.
(12)[(13)] Communications Bureau (Department of Public Safety).
(13) [(14)] Bureau of Building Inspection.
Section 3.
Title One - Administrative, Article III - Organization, Chapter 119 - Department of Public Works, Section 119.02, Powers and Duties of Director, is hereby amended to transfer to the Director of the Department of Public Works certain powers and duties formerly assigned to the Director of the Department of General Services as follows:
§ 119.02 POWERS AND DUTIES OF DIRECTOR
The Director of Public Works shall have the following powers and duties:
(a) The planning, improvement, resurfacing, repair, cleaning and sprinkling, maintenance and lighting of streets, sidewalks and all other public ways;
(b) The repair and maintenance and the operation of bridges and viaducts, drains, ditches, sewers, public squares and structures of every kind by City forces for public use; and
(c) Be responsible for helping City residents maintain a clean and healthful environment;
(d) Provide:
(1) For the collection and disposition of all residential solid waste;
(2) The Animal Control Program;
(3) The Environmental Control Program; and
(4) Such other services as may be required to fulfill the purposes of the department; and
(e) The Director of Public Works and employees so designated by the Director are authorized to enforce all Code provisions relating to animals, refuse, and noxious weeds and grass; and
(f) Be primarily responsible for the management, planning, engineering and construction of all major capital construction programs;
(g) The making and preserving of all surveys, maps, plans, drawings, estimates for public work and engineering;
(h) Traffic control maintenance and traffic/transportation planning; and
(i) The Director of the Department of Public Works shall be responsible for the renovation, repairs, and maintenance functions for city-owned property.
[(i)] (j) Perform any other duties assigned by the Mayor.
Section 4.
Title One - Administrative, Article III - Organization, Chapter 121 - Department of Finance, Section 121.02, Powers and Duties of Director of Finance, is hereby amended to transfer to the Director of the Department of Finance certain powers and duties formerly assigned to the Director of the Department of General Services as follows:
§ 121.02 POWERS AND DUTIES OF DIRECTOR OF FINANCE.
The Director of Finance shall:
(a) Possess qualifications, perform duties, and manage, administer, supervise and control matters as are now or may hereafter be prescribed by Acts of the Assembly or City ordinances, except as hereinafter provided;
(b) Perform any other duties assigned by the Mayor;
(c) Provide in the annual operating budget for the Department of Finance the position of Deputy Director of Finance/City Treasurer, who shall also serve as Treasurer for the School District of Pittsburgh;
(d) The Director of Finance shall have all of the powers and perform all of the duties previously exercised and performed by the City Treasurer; provided, however, that either the Director of Finance or the Deputy Director of Finance/City Treasurer shall also serve as Treasurer for the School District of Pittsburgh;
(e) Have responsibility for the acquisition and disposition of city-owned property and have responsibility for the acquisition, maintenance and disposition of City controlled property[.];
(f) The Director of the Department of Finance or his/her designee shall have the direction, control and administration of the purchase and supply of all personal property required for the proper conduct of City business;
(g) All other City departments shall obtain the necessary personal property by requisition to the Department of Finance or its designee and/or by utilization of various contracts established and/or adopted by the Department of Finance. The manner and form of the requisition may be prescribed by resolution, or, in absence thereof, by standing rule of the Department of Finance;
(h) Within the Department of Finance, there shall also be created a Bureau of Procurement, Fleet and Asset Services to handle many of the administrative, purchasing, fixed-asset, leasing, custodial, security, duplication and printing/graphics functions assigned to this Department.
Section 5.
Title One - Administrative, Article III - Organization, Chapter 127 - Department of General Services is hereby repealed in its entirety as follows:
[§ 127.01 DIRECTOR AS HEAD.
The Department of General Services shall be under the charge of a Director, who shall be the head thereof.
§ 127.02 POWERS AND DUTIES OF DIRECTOR.
(a) The Director of General Services or his/her designee shall have the direction, control and administration of the purchase and supply of all personal property required for the proper conduct of City business.
(b) All other City departments shall obtain the necessary personal property by requisition to the Department of General Services or its designee, and not by direct purchase. The manner and form of the requisition may be prescribed by resolution, or, in absence thereof, by standing rule of the Department of General Services.
(c) The Director of General Services shall be responsible for the maintenance and custodial functions for city-owned property.
(d) The Director of General Services shall perform any other duties assigned by the Mayor.]
Section 6.
Title One - Administrative, Article VII - Procedures, Chapter 161 - Contracts, Sections 161.08, Supplies Contracts; Item Award; 161.09, Executing Contracts Exceeding the Councilmanic Amount; Countersignature and Accounts; 161.22(e), Debarment from Bidding on and Participating in City Contracts (Procedure); 161.28, Notification of Council of Emergency and Maintenance Contracts; and 161.32 Contracting Out Regulation and Review Act of 1996 are hereby amended as follows:
§ 161.08 SUPPLIES CONTRACTS; ITEM AWARD.
Contracts for general supplies, materials and equipment shall be awarded item by item to the lowest responsible bidder unless otherwise provided for in the specifications. The specifications may provide that such contracts may be awarded item by item or on the basis of the total bid price, as the Director of the Department of [General Services] Finance shall determine to be in the best interests of the city.
§ 161.09 EXECUTING CONTRACTS EXCEEDING THE COUNCILMANIC AMOUNT; COUNTERSIGNATURE AND ACCOUNTS.
Contracts involving an amount in excess of the Councilmanic amount shall be in writing and shall be executed in the name of the City by the director of the appropriate department and by the Director of the Department of [General Services] Finance. The contracts shall be approved as to form by the City Solicitor and shall contain a certified copy of the authorizing ordinance or resolution or a reference to the number and approval date thereof. The contracts shall be countersigned by the City Controller who shall designate thereon the account to which each contract is charged, and shall number the contract in the order of its date. No contract shall be payable from any other account than that designated thereon, nor shall any contract become effective until the countersignature and account designation have been accomplished.
§ 161.22 DEBARMENT FROM BIDDING ON AND PARTICIPATING IN CITY CONTRACTS.
(e) Procedure.
(1) Notice. The Director of the Department of [General Services] Finance shall furnish the person or enterprise and its known affiliates with written notice of debarment setting forth the specific reasons for the proposed debarment.
(2) Any person or enterprise receiving a letter of debarment from the Director of the Department of [General Services] Finance may request a hearing within ten (10) days of the date of mailing of the notice. The appeal shall set out reasons why the person or enterprise should not be debarred.
(3) The appeal shall be filed with the Director of the Department of [General Services] Finance. The Director shall notify the affected person or enterprise of the place and time of the hearing within five (5) days of the receipt of the appeal. The hearing shall be held within fifteen (15) days of the receipt of the appeal unless otherwise agreed to by the person or enterprise and the Director.
(4) The cause for debarment shall be established by a preponderance of the evidence. If the debarment is based upon a conviction, a civil judgment, a debarment by another government or public agency or a determination by an appropriate body with competent jurisdiction, the standard shall be deemed to have been met.
§ 161.28 NOTIFICATION OF COUNCIL OF EMERGENCY AND MAINTENANCE CONTRACTS.
Prior to a request for bids on all emergency and maintenance contracts exceeding thirty thousand dollars ($30,000.00), or prior to authorizing work to be performed using an existing services contract exceeding thirty thousand dollars ($30,000.00). Council shall be notified in writing by the department director requesting services of the specific project. Council shall also be provided with a list of names and addresses of all bidders by the Director of the Department of Finance [General Services] on all emergency and maintenance contracts exceeding thirty thousand dollars ($30,000.00).
§ 161.32 CONTRACTING OUT REGULATION AND REVIEW ACT OF 1996.
(a) Title. This section shall be known as the "Contracting Out Regulation and Review Act of 1996."
(b) Legislative findings.
(1) The Council hereby finds and declares that using outside contractors to provide public services formerly provided by City employees does not necessarily promote the public interest. Council further finds that the City employs nearly four thousand five hundred (4,500) City residents; many of these workers being highly trained, experienced and capable professionals whose work product compares favorably with industry standards.
(2) To ensure that taxpayers of the City receive high quality public services at competitive prices, with due regard for the taxpayers of the City and the needs of public and private workers, Council finds it necessary to regulate the contracting out in accordance with §§ 160.30 and 161.31 inclusive.
(c) As used in §§ 161.30, 161.31 and 452.04, inclusive, the following words shall have the following meanings:
AGENCY. An office, department, bureau, division, board, commission or other office or officer in the administrative branch of city.
COMMUNITY-BASED ORGANIZATION. A private, non-profit entity whose principal offices are located in the city; an organization whose revenues are exempt from taxation under 50 1.c.3 of the United States Internal Revenue Code; and a group whose mission includes the enhancement of educational, recreation, social, employment, safety, community development, or other goal deemed appropriate by the city.
CONTRACTING OUT. An agreement or combination or series of agreements by which a nongovernmental person or entity agrees with an agency to provide services, valued at one hundred thousand dollars ($100,000.00) or more, which are substantially similar to, and in lieu of, services theretofore provided, in whole or in part, by City employees of an agency.
DEPENDENT. The spouse and children of an employee if such persons would qualify for dependent status under the Internal Revenue Code.
EXEMPT CONTRACTS. Any agreement or combination of series of agreements by which a nongovernmental person or entity currently provides services to the agency, regardless of the value of said agreement or agreements and the subsequent rebidding and awarding of same.
PROFESSIONAL SERVICE CONTRACTS. An agreement as defined by the Code of Ordinances.
REVIEW COMMITTEE. A committee comprised of the following members: The Director of Finance the Office of Management and Budget who shall serve as the chair; the Director of Public Works the Department of Finance [General Services]; a representative of labor nominated by the Mayor and confirmed by City Council; Controller of the Office of City Controller and a representative of City Council.
Section 7.
Title One - Administrative, Article VII - Procedures, Chapter 165 - Sale of City Personalty, Section 165.01, Authority of Director of General Services and Section 165.02, Rules and Regulations shall be amended as follows:
§ 165.01 AUTHORITY OF DIRECTOR OF THE DEPARTMENT OF FINANCE [GENERAL SERVICES].
The Director of the Department of Finance [General Services] is authorized to sell and dispose of any kind and all personal property of the City for which the City has no use and which is deemed desirable by the Mayor and the several department heads to sell and dispose of finally.
§ 165.02 RULES AND REGULATIONS.
The Director of the Department of Finance [General Services] shall formulate rules and regulations governing the advertising and bidding at public auction or sale of City property as may be deemed proper and expedient for such purpose. The rules and regulations shall be approved by the Mayor.
Section 8.
Title One - Administrative, Article XI - Personnel, Chapter 193 - Bonds and Insurance, Section 193.04, Errors and Omission Insurance; Property Insurance shall be amended as follows:
§ 193.04 ERRORS AND OMISSIONS INSURANCE; PROPERTY INSURANCE.
(a) The Mayor, Council, Controller and directors of the several departments may procure errors and omissions insurance for any deputy, subordinate officer, clerk or employee and for themselves in the amount as the Mayor, Council, Controller or director shall set. The insurance shall be subject to the conditions set forth in §§ 193.06 and 193.07, and shall be purchased through the Department of Finance [General Services] on competitive bids and in accordance with §§ 511 and 512 of the Pittsburgh Home Rule Charter.
(b) The Director[s] of [General Services and] Finance may insure the property under the Director's control and management charging the same to the appropriate funds provided for such purposes.
Section 9.
Title Four - Public Places and Property, Article I - Streets and Sidewalks, Chapter 411 - Jurisdiction, Section 411.02, Definition of Bureau shall be amended as follows:
§ 411.02 DEFINITIONS.
(2) BUREAU. The Bureau of Telecommunications, City Information Systems. [General Services.]
Section 10.
Title Four - Public Places and Property, Article I - Streets and Sidewalks, Chapter 415 - Openings and Excavations, Section 415.17, Other Obligations shall be amended as follows:
§ 415.17 OTHER OBLIGATIONS.
(a) Obtaining a permit does not relieve a registrant of its duty to obtain all other necessary authorizations and to pay all fees and/or charges required by other city, county, state, or federal rules, laws or regulations.
(b) A registrant shall comply with all requirements of local, state, and federal laws.
(c) A registrant shall notify the Directors of the Departments of Director of City Information Systems [General Services] and the Director of the Department of Public Works in writing contemporaneously with the transmittal of any petitions, applications, written communications and reports submitted by such permit holder to the United States Federal Communications Commission, the Pennsylvania Public Utility Commission, or their successor entities, relating to matters affecting both the use of the public rights-of-way being provided in the public rights-of-way. A registrant shall furnish to the Directors of the Departments of General Services and Public Works copies of such documents, upon request.
(d) A registrant shall perform all work in conformance with all applicable codes, established rules and regulations, and industry standards, and is responsible for all construction performed pursuant to its permit, regardless of who performs the construction.
(e) Except in the case of an emergency, and with the approval of the City, no construction may be performed during periods of extreme weather or where conditions are otherwise unreasonable for work permitted under this Article.
(f) A permit holder shall not interfere with the natural free and clear passage of water through gutters or other waterways.
(g) All persons registering under this Article shall belong to the "One Call" system, pursuant to 73 P.S. §176,et seq. , as amended, or such other line location system recognized by the City.
(h) The Director of City Information Systems [General Services] or his/her designee is hereby authorized to enter into a contract or contracts, and an agreement or agreements, for antenna and telecommunications equipment and services, site management, and providing for the costs thereof. Services shall include but not be limited to the evaluation of antenna space, leasing on rooftops, buildings, and City of Pittsburgh property and rights-of-way.
Section 11.
Title Four - Public Places and Property, Article I - Streets and Sidewalks, Chapter 425 - Cable Communications, Sections 425.02, Definition of Director; 425.04, Service of Notice; 425.07(c), Pittsburgh Cable Communications Advisory Committee; 425.20(c), Miscellaneous Provisions (Administration of Franchise) shall be amended as follows:
§ 425.02 DEFINITIONS.
For the purpose of this Chapter and any agreement awarding a Franchise in accordance herewith, the following definitions apply in this Chapter. References hereafter referred to as "sections" are, unless otherwise specified, references to sections of this Chapter. Defined terms remain defined terms whether or not capitalized. When not inconsistent with the context, words used in the present tense include the future tense, words in the single number include the plural number, words in the plural number include the singular, reference to a masculine gender shall include the feminine. The words "shall" and "will" are mandatory, and "may" is permissive. Words not defined shall be given their common and ordinary meaning.
j) DIRECTOR. The Director of [the Department of ]City Information Systems [General Services], or his designee.
§ 425.04 SERVICE OF NOTICE.
(a) All notices required to be given to the City under any provision of this Chapter shall be deemed served:
(1) When delivered by hand in writing to the Director, or to any adult person in charge of [the Department of] City Information Systems [General Services] during normal business hours.
(b) All notices required to be given to the Franchisee under any provision of this Chapter shall be deemed served:
(1) When delivered by hand in writing to the person designated in the agreement awarding a Franchise made in accordance herewith; or
(2) When regularly mailed to the person so designated.
§ 425.07 PITTSBURGH CABLE COMMUNICATIONS ADVISORY COMMITTEE.
(c) The Committee shall have the following specific functions:
(1) Review the evaluation made by [the Department of] City Information Systems [General Services] of the proposals to enter into an agreement for the award of a Franchise in accordance herewith which are submitted in response to the request for proposals thereto and make recommendations to Council regarding the selection of the Franchisee.
(2) Advise Council regarding general policy relating to the services provided to Subscribers and users by the Franchisee.
(3) Advise Council regarding the operation and use of any community communications channels with a view toward maximizing the diversity of programs and services to Subscribers and users.
(4) Encourage the use of any community communications channels among the widest range of institutions, groups and individuals within the city.
(5) Advise Council on the regulation of rates in accordance with this Chapter.
(i) The Committee shall submit a written report to Council which shall include, but shall not be limited to, recommendations to Council regarding rates and the findings upon which those recommendations are based.
(6) Make an annual report to the City which shall include, but not be limited to a summary report on the utilization of community communications channels, a review of any plans submitted during the year by the Franchisee for the development of new services and a summary report of the Committee's deliberations throughout the year.
(7) Report to Council on matters that may constitute violation of this Chapter.
(8) The Committee may appear before Council in accordance with Council's direction and in accordance with its rules in proceedings before Council on matters pertaining to the cable communications system.
(i) The Committee shall meet at least once every month, except August.
(ii) All meetings of the Committee shall be open to the public.
(9) Adopt rules and regulations governing its meeting and other activities.
(10) Request comments and suggesions regarding cable communications.
(11) Advise Council on proposed transfers of the cable communications system.
(12) Perform other advisory functions as Council may direct.
§ 425.20 MISCELLANEOUS PROVISIONS.
c) Administration of Franchise. The City shall be responsible for the continued administration of this Chapter and all Franchise Agreements.
(1) The Bureau of Telecommunications has been established within City Information Systems. [within the Department of General Services shall be established as soon as practicable after the passage of this Chapter and shall be under the charge of the Director.]
(2) The Director shall act as the representative of the City in all matters pertaining to any cable communications system established in the City. The Director, in his or her capacity pertaining to the Bureau of Telecommunications, shall have the following powers and duties:
(i) Mediating disputes or disagreements between a subscriber and the Franchisee at either's request, following investigation.
(ii) Reviewing and auditing all reports and filings submitted by the Franchisee to the FCC and to the City pursuant to this Chapter.
(iii) Promulgating regulations regarding the construction, reconstruction, operation, maintenance, dismantling, testing or use of the cable communications system established pursuant to an agreement awarding a Franchise in accordance herewith.
(iv) Reviewing all rules and regulations promulgated by the Franchisee or the City regarding Cable Service and community communications in order to ensure compliance by Franchisee. Copies of rates and rules and regulations, which are hereby declared to be documents of public record, shall be made available by the Director to those who request the same on a cost per copy basis.
(iv) Conferring and coordinating with the Franchisee on the interconnection of the cable communications system created in accordance herewith with any other communications systems, including but not limited to cable communications systems.
(vi) Retaining consultants' services as authorized by Council in order to ascertain the best use of public facilities and channels of the system and for other consulting services.
(vii) Reporting to Council at Council's request.
(viii) Facilitating the activities of the Advisory Committee and providing assistance in its deliberation.
(ix) Attending regularly scheduled meetings of the Committee and participating thereon as a nonvoting member.
(x) Performing other duties assigned under the provisions of this Chapter or other legislation hereafter enacted by the Council or other duties as the Mayor assigns.
(3) In matters pertaining to increases in basic subscriber rates, installation charges, distribution of facilities and changes in ownership of the agreement awarding a Franchise in accordance herewith, the Director may submit requests he or she receives to the Committee.
(4) The Director shall make his or her recommendations, if any, to the Council and the Mayor concerning such requests within ninety (90) days of the receipt of such requests.
(5) Council shall take no action on any legislation submitted on the recommendation of the Committee or the Director pertaining to the cable communications system unless it gives thirty (30) days' notice, in the manner provided by law, of its consideration of such legislation and serves a copy of the notice upon the Franchisee as provided in § 425.04. The Franchisee shall be an interested party to any hearing conducted with regard to its operation and maintenance of a cable communications system.
Section 12.
Title Four - Public Places and Property, Article I - Streets and Sidewalks, Chapter 427 - Telecommunications Systems in the Public Rights-of-Way, Section 427.01, License Requirement; Section 427.04, Service of Notice; Section 427.09, Powers and Duties of Director; Section 427.10 Bonds; Section 427.11 Consideration for License; Section 427.13 Indemnity and Insurance; Section 427.15 Use of Streets and Pole Attachments; and Section 427.17 Transfers and Pole Attachments shall be amended as follows:
§ 427.01 LICENSE REQUIREMENT.
No person shall construct, operate or continue to operate a telecommunications system which occupies the streets, public ways and public places within the City without having been issued a license or licenses by the Director of [the Department of] City Information Systems. [General Services.]
§ 427.04 SERVICE OF NOTICE.
All notices required to be given to the City under any provision of this Chapter shall be deemed served when delivered by hand in writing to the Director of [the Department of ]City Information Systems [General Services], or his/her designee during normal business hours.
427.09 POWERS AND DUTIES OF DIRECTOR.
The Director of [the Department of ] City Information Systems [General Services] or his/her designee shall have the following powers and duties:
(a) Receive and review applications for licenses for any telecommunications system;
(b) Review and audit all reports and filings submitted by the licensee to the City pursuant to this Chapter; and
(c) Submit regulations regarding the construction, reconstruction, operation, maintenance, dismantling, testing or use of any telecommunications system established by license in accordance herewith to the Director of [the Department ] of City Information Systems [General Services] for promulgation.
§ 427.10 BONDS.
(a) All persons submitting a request for a license to construct a telecommunications system in accordance herewith shall file with their request bonds solely for the protection of the City with a surety company or trust company or companies as surety or sureties in an amount determined by the Director of City Information Systems [General Services] to protect the City from any and all damages or costs suffered or incurred by the City as a result thereof, including, but not limited to, attorney's fees and costs of any action or proceeding,and including the full amount of compensation, indemnification, cost of removal or abandonment of any property or other costs which may be in default, up to the full principal amount of the bond; and the condition shall be a continuing obligation during the entire term of any license issued in accordance herewith and thereafter until the licensee shall have satisfied in full any and all obligations to the City which arise out of or pertain to the license for a telecommunications system.
(b) None of the provisions of this section, nor any bond accepted by the City pursuant hereto, nor any damages recovered by the City thereunder shall be construed to excuse the faithful performance by or limit the liability of the licensee under this Chapter or any license issued in accordance herewith or for damages either to the full amount of the bond or otherwise.
§ 427.11 CONSIDERATION FOR LICENSE.
It shall be a term and condition of any license issued in accordance herewith that as a part of the consideration supporting the issuance of such license and the City's permission thereby to occupy and use the streets of the City, that the licensee shall pay each year to the City the following charges and license fees.
(a) Any telecommunications system which serves no customers other than itself shall pay charges and license fees as follows:
(1) One dollar and ninety cents ($1.90) per linear foot for each diameter inch or less of underground conduit or wire or each .250 diameter inch or less of aerial wire situated outside of the "CBD."
(2) Two dollars and twenty-five cents ($2.25) per linear foot for each diameter inch or less of underground conduit or wire or each .250 diameter inch or less of aerial wire situated inside of the "CBD."
(3) In no event shall the fee be less than five hundred dollars ($500.00) per annum.
(b) Any telecommunications system that serves customers within the City shall pay annually five (5) percent of the annual total local gross revenues derived from the customers.
(c) Any cable communications system or part thereof located in the City right-of-way and not franchised by the City in accordance with Chapter 425 shall obtain a license under this Chapter. The license shall be granted for the sole purpose of providing cable television signals to customers located in an adjoining municipality. The charges and license fees stated in subsection (a) hereof shall not apply provided that such adjoining municipality imposes no compensation and license fee requirements on any cable communications system or part thereof, franchised by the City in accordance with Chapter 425 which may be located in the adjoining municipality.
(d) Commencing January 1, 1998, and annually thereafter, the license charge shall be calculated by multiplying the previous year's license fee by the percentage change from the previous year in the National Consumer Price Index ("Index"), published by the United State Department of Labor. In the event that such Index ceases to be published, the Director of [the Department of] City Information Systems [General Services] may select another measure of general price changes in the United States. By December 1, 1997, and each December 1 thereafter, the Department of City Information Systems [General Services] shall notify each Licensee of the revised license charges to be effective on the following January 1. Every license agreement shall reflect the schedule of charges specified herein and the annual adjustments thereto.
§ 427.13 INDEMNITY AND INSURANCE.
(a) The City shall not at any time be liable for any injury or damage occurring to any person or property from any cause whatsoever, including damages from the City's negligent omissions, if any, arising from the use, operation or condition of the licensee's telecommunications system.
(b) The licensee shall indemnify, save and hold harmless and defend the City from all liens; charges; claims, including but not limited to, libel, slander, invasion of privacy and unauthorized use of any trademark, trade name or service mark; demands; suits; actions; fines; penalties; losses; costs, including but not limited to, reasonable legal fees and court costs; judgments; injuries; liabilities or damages, in law or equity, of any and every kind and nature whatsoever, including damages caused by or arisingout of any act of negligent omission of the City, its officers, servants, agents, employees or contractors, or otherwise, arising out of or in any way connected with the installation, operation, maintenance or condition of the licensee's telecommunications system.
(c) The Director of City Information Systems [General Services], in consultation with the City Solicitor, shall set the type and coverage of insurance required. In setting the amount, the Director shall take into consideration the size and location of the telecommunications system, the financial resources of the licensee, risk involved to the City and to the general public as well as other salient factors.
427.15 USE OF STREETS AND POLE ATTACHMENTS.
(a) Before commencing construction of its telecommunications system in, above, over, under, across, through or in any way connected with the streets, public ways or public places of the City, the licensee shall first obtain the written approval of all appropriate City agencies, including, but not limited to, the Department of City Information Systems [General Services]. Applications for approval shall be made in the form prescribed by the Department of City Information Systems [General Services.]
(b) Upon obtaining written approval, the licensee shall give the appropriate agency written notice within a reasonable time of proposed construction, but in no event shall the notice be given less than ten (10) days before the commencement.
(c) Any person who submits a request for a license in accordance herewith shall include therein proposed agreements for the use of existing utility poles and conduits, if applicable, with the owner(s) of the facilities to be used or affected by the construction of the proposed telecommunications system, which agreements shall become effective on the date of execution of the license issued in accordance herewith in the event that the person is issued a license.
(d) It shall be unlawful for the licensee or any other person to open or otherwise disturb the surface of any street, sidewalk, driveway, public way or other public place for any purpose whatsoever without obtaining approval to do so after proceeding in the manner prescribed in subsections (a) and (b) hereof. Violation of this section shall subject the licensee to all penalties and remedies prescribed therein and to all other remedies, legal or equitable, which are available to the City.
(e) The licensee shall restore any street or sidewalk it has disturbed in accordance with the provisions of Article I (Streets and Sidewalks) of Title Four-Public Places and Property, and shall, at its own cost and expense, restore and replace any other property disturbed, damaged or in any way injured by or on accounts of its activities to as good as the condition such property was in immediately prior to the disturbance, damage or injury or pay the fair market value of the property to its owner.
(f) The licensee shall, at its own cost and expense, protect, support, temporarily disconnect, relocate in the same street or other public place, or remove from the street or other public place, any of its property when required to do so by the City because of street or other public excavation, construction, repair, regrading or grading; traffic conditions; installation of sewers, drains, water pipes, City owned power or signal lines or tracks; vacation or relocation of streets or any other type of structure or improvement of a public agency, or any other type of improvement necessary for the public health, safety or welfare.
(g) Nothing in this Chapter or any license issued in accordance herewith shall be construed as authorizing the licensee to erect and maintain new poles in areas serviced by existing poles. The licensee shall obtain written approval from the Department of City Information Systems [General Services] and other appropriate City agencies before erecting any new poles or underground conduits where none exist.
(h) The licensee shall maintain all wires, conduits, cables and other real and personal property and facilities in good condition, order and repair.
(i) The licensee shall keep accurate, complete and current maps and records of its system and facilities which occupy the streets, public ways and public places within the City and shall furnish, as soon as they are available, two (2) complete copies of the maps and records to the Department of City Information Systems [General Services.]
(j) The licensee shall comply with all rules and regulations issued by the Department of City Information Systems [General Services] governing the construction and installation of telecommunications systems. In addition:
(1) All aerial cables and wires shall be installed parallel with existing telephone and electric utility wires; and
(2) Multiple aerial configurations shall be in parallel arrangement and bundled, in accordance with engineering and safety considerations; and
(3) All underground installations shall be in the appropriate size and type conduit or other enclosures approved by the Director; and
(4) All installations shall be underground in those areas of the City where both telephone and electric utilities' facilities are underground at the time of the installation of the licensee's telecommunications system.
A. In areas where both telephone and electric utilities' facilities are above ground at the time of the installation of the licensee's telecommunications system, the licensee may install its system above ground on existing utility poles only, upon the condition that at such time as those facilities are placed underground by the telephone and electric utility companies, the licensee shall likewise place its facilities underground at its sole cost and expense.
(5) The licensee upon reasonable notice by the City shall temporarily or permanently remove, adjust, raise or lower its facilities within the right-of-way when the City determines that the action is needed for public use of the right-of-way including but not limited to the passage of nonstandard vehicles.
(6) The licensee shall obtain the written permission of the owner including the City of any tree or other vegetation before it trims or prunes the same.
§ 427.17 TRANSFERS AND ASSIGNMENTS.
(a) The licensee shall not transfer or assign its interest in any license issued in accordance herewith without the prior written authorization of the Director, [Department of] City Information Systems [General Services]. For purposes of this section, a merger or consolidation shall be deemed a transfer or assignment.
(b) Nothing in any approval by the Director, [Department of ] City Information Systems [General Services] authorizing any transfer or assignment of any license issued in accordance herewith shall be construed to waive or release any rights of the City in and to the streets, public ways and public places of the City or as a release of any of the City's police powers.
Section 13.
Title Five - Traffic, Article III - Towing, Chapter 523- Tow Pounds, Section 523.04, Private Towers shall be amended as follows:
§ 523.04 PRIVATE TOWERS.
The Mayor and the Director of the Department of Finance [General Services] are authorized to solicit bids and to enter into annual contracts with one (1) or more reputable private towers to tow to designated pounds, vehicles illegally parked, wrecked, abandoned or seized within the City, when such towing services are authorized by the Chief of Police.
Section 14.
Title Six - Conduct, Article I - Regulated Rights and Actions, Chapter 619 - Refuse Collection and Recycling, Section 619.10, City Procurement of Recycled Products, shall be amended as follows:
§ 619.10 CITY PROCUREMENT OF RECYCLED PRODUCTS.
The Department of Finance [General Services] or its designee shall review and revise all product procurement specifications to purchase products containing recycled materials, wherever feasible. The Department shall submit an annual report to the Mayor and Council on its activities and progress in increasing its purchase of products containing recycled materials.
Section 15.
Title Six - Conduct, Article I - Regulated Rights and Actions, Chapter 621 - Regulation of Pay Telephones for Public Safety Purposes, Section 621.02, Definitions, shall be amended as follows:
§ 621.02 DEFINITIONS.
As used in this Chapter, certain terms are defined as follows:
(a) CHIEF OF POLICE. Refers to the Chief of the Bureau of Police of the City of Pittsburgh, or a designated representative.
(b) EFFECTIVE DATE. Sixty (60) days from the enactment of this Chapter.
(c) ILLEGAL DRUGS. Any controlled substance referred to in 35 Pennsylvania Statutes Section 101 and following.
(d) OWNER OF PAY TELEPHONE. Any person, individual, partnership, firm, association, corporation, or other legal entity who owns, possesses, erects, maintains, or exercises control over any pay telephone in the public way.
(e) PROBLEM PAY TELEPHONE. A coin or credit or other card operated telephone in the public way which is used for drug trafficking or other criminal activity based upon evidence obtained by the Bureau of Police.
(f) DIRECTOR. Refers to the Director of the Department of Public Works [General Services.]