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Pursuant to § 15(2) of the Act, this ordinance shall not limit the city’s right to review and approve a telecommunication provider’s access to and ongoing use of a public right-of-way or limit the city’s authority to ensure and protect the health, safety, and welfare of the public.
USE OF RIGHTS-OF-WAY; CONSTRUCTION
No person, persons, firm, or corporation shall construct, place, install, use, or maintain any structure, either above or below the surface, within the boundaries of the right-of-way of a street, road, or highway under the jurisdiction of the city without first having obtained a permit therefor as hereinafter provided.
Any person desiring to utilize the right-of-way of any street, road, or highway under the jurisdiction of the city shall submit an application for a permit to do so to the Department of Public Works for the city. The application shall be on a form provided therefor by the Department of Public Works. No permit shall be granted to any person, persons, firm, or corporation unless all of the provisions of this ordinance are complied with.
(A) The applicant for a permit under the provisions of this ordinance shall supply to the Department of Public Works for the city, proof of general liability insurance in the amount as set by the City Council, and amended by resolution from time to time, which insurance shall name the city as an additional named insured.
(B) If the property adjacent to the right-of-way where the work is to be performed is owned by the applicant, or if the applicant owns a land contract vendee’s interest in the premises, and if the premises adjacent to the subject right-of-way is the applicant’s primary residence, the applicant, in lieu of supplying proof of general liability insurance, may instead supply proof of current homeowner’s insurance including general homeowner’s liability coverage.
(C) The applicant for a permit under the provisions of this ordinance shall also execute a form to be provided therefor by the Department of Public Works, which shall provide that the applicant agrees to release, indemnify, and save harmless the city, its agents, principals, and employees from any and all liability or damage claims to public or private property or personal injury arising by reason of any work performed by the applicant or his or her agents, servants, or employees within the right-of-way of any public street, road, or highway under the jurisdiction of the city.
(A) All work performed within the right-of-way of any street, road, or highway under the jurisdiction of the city shall be in accordance with the requirements of the Department of Public Works for the city.
(B) The permit and inspection fees shall be as from time to time determined by the City Council.
(A) If, after issuance of a permit, the Department of Public Works for the city determines that the permit holder has not complied with any of the regulations or requirements of the Department of Public Works, the Director of the Department of Public Works shall issue a cease and desist order requiring the permit holder to immediately terminate all operations as provided for in the permit until such time as all of the regulations of the Department of Public Works are complied with and the cease and desist order is rescinded.
(B) If the permit holder is aggrieved by the determination of the Director of the Department of Public Works, he or she may appeal to the City Council.
(C) The permit holder may not continue operations while the appeal to the City Council is pending.
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