(a) Location of Facilities. All Facilities shall be Constructed, Reconstructed, installed and located in accordance with the following terms and conditions:
(1) Overhead Facilities. Unless application of this provision is specifically prohibited by state or federal law, a Service Provider with permission to install Overhead Facilities shall install its Facilities on pole attachments to existing utility poles only, and then only if Surplus Space is available; and no pole located within the Public Right-of-Way shall exceed fifty (50) feet in height unless approved by City Council ordinance.
(2) Underground Facilities. Whenever the existing electric, cable, telecommunications and other similar Facilities are located underground in a Public Right-of-Way, a Service Provider with permission to Occupy the same Public Right-of-Way with electric, cable, telecommunications or other similar Facilities, must also locate its Facilities underground to the extent technologically feasible and economically practicable.
(c) Relocation or Removal of Facilities. Within thirty (30) days following written notice from the City, a Service Provider shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any Facilities in the Public Right-of-Way, or commence such work if the City determines completion within 30 days is unnecessary or overly burdensome, whenever the City shall have determined that such removal, relocation, change or alteration is reasonably necessary for:
(1) The Construction, Reconstruction, repair, maintenance or installation of any City or other public improvement, in, upon, or near the Public Right-of-Way;
(2) The operations of the City or other governmental entity in or upon the Public Right-of-Way or to prevent interference with the safety and convenience of ordinary travel over the Public Rights of Way.
(3) The sale, conveyance, vacation, or narrowing of all or any part of the Public Right-of-Way Notwithstanding the above, no Service Provider shall be required to bear the expense of removal, relocation, change or alteration of position of any Facilities if such requirement would be prohibited by law.
(d) Removal of Unauthorized Facilities. Within thirty (30) days following written notice from the City, any Service Provider or other Person that owns, controls or maintains any unauthorized System, Facility or related appurtenances in the Right-of-Way shall, at its own expense, remove those Facilities or appurtenances from the Right-of-Way or shall, at the City's option, arrange to sell the System, Facilities or appurtenances to the City, unless such removal or sale is prohibited by state or federal law. A System or Facility is unauthorized and subject to removal in the following circumstances:
(1) Upon revocation of the Service Provider's consent to Occupy or Use the Right-of-Way;
(2) If the System or Facility was Constructed, Reconstructed, installed, operated, located or maintained without the consent to do so, except as otherwise provided by this Chapter;
(3) Upon abandonment of a Facility in the Public Right-of-Way, with the exception of underground facilities abandoned in a manner authorized and approved by the Director;
(4) If the System or Facility was Constructed or Reconstructed, or any Excavation of a Public Right-of-Way was performed, without prior issuance of a Construction Permit as provided by this Chapter;
(5) If the System or Facility was Constructed, Reconstructed, operated or maintained, or any Excavation of a Public Right-of-Way was performed, at a location not permitted pursuant to the City's consent for the Provider to Occupy or Use the Public Right-of-Way or Construction Permit; or
(6) If the Service Provider fails to comply with, or cure a violation of, this Chapter.
(e) Emergency Removal or Relocation of Facilities. The City retains the right and privilege to cut or move any Facilities, or stop work on any Construction, Reconstruction or Excavation located in the Public Right-of-Way, as the Director may determine to be necessary, appropriate or useful in response to any need to protect the public health, safety or welfare.
(Ord. 3158. Passed 3-11-21.)