(A) Conformance with applicable law. No person shall place, construct, own, control, operate, manage or use any facility in, upon, above, beneath or across any public right-of-way without first obtaining all necessary or required permits, agreements or approvals from the city and all other governmental entities with jurisdiction over the facility or public right-of-way. All facilities shall be maintained in compliance with such permits, agreements or approvals and all applicable statutes, ordinances, rules, regulations, orders and decisions issued by any federal, state or local governmental body, agency or court.
(B) Time, place and manner. All facilities shall be located, constructed, operated and maintained in the time, place and manner that causes the least interference with the public’s use of the public rights-of-way and the rights or reasonable convenience of property owners who adjoin the public rights-of-ways, all as determined by and approved by the city’s Public Works Director in conformance with Chapters 12.04, 12.08 and 12.12.
(C) Key map and improvement plan. Every person subject to this chapter shall cause a key map and detailed improvement plan showing all facilities to be located in the public rights-of-way, including the material of construction and horizontal and vertical locations with respect to property lines and grade lines to be prepared by a registered professional civil engineer and filed in the office of the Public Works Director prior to the issuance of any permit or approval for installation. The requirement that the key map and detailed improvement plan be prepared by a registered civil engineer may be waived if the City Engineer determines that the proposed work is minor in nature, low in complexity and limited in size and impact. Prior to requesting the issuance of a permit for installation of any facility, the key map and detailed improvement plan shall be filed with any other entity that owns, operates or manages facilities in the affected rights-of-way so that such entities may advise the City Engineer as to any location, operation or compatibility problems created by licensee’s proposed use of the rights-of-way.
(D) Disclosure. Upon the request of any person who has contracted to perform work on a public right-of-way, persons subject to this chapter shall provide accurate detailed information regarding the location of their existing and proposed facilities in the public rights-of-way.
(E) Undergrounding. In those areas and portions of the city where the transmission or distribution facilities of any person providing telephone service, cable service or electric service are underground or hereafter may be placed underground, all other facilities shall be constructed, operated and maintained underground.
(F) Pole attachments. Where existing poles or other wire-holding structures are available for use, the City Council may require such poles and structures to be used if it determines that the public convenience would be enhanced thereby and the terms of the use are just and reasonable.
(`78 Code, § 12.32.160.) (Ord. 2458 § 2, 2000; Ord. 2418 § 1, 1999.)