(a) Authority. The Municipality expressly reserves, and the permittee expressly recognizes, the Municipality's right and duty to adopt, from time to time, in addition to the provisions herein contained, such Charter provisions, resolutions, ordinances and rules and regulations as may be deemed necessary by the Municipality in the lawful exercise of its police power for the protection of the health, safety and welfare of its citizens and their properties. The Charter and the Codified Ordinances of the Municipality, as the same may be amended from time to time, are expressly incorporated, as if fully set out herein, by this reference. The permittee shall comply with all Charter provisions, resolutions, ordinances, rules and regulations of the Municipality and shall obtain all required permits. All permittees who are also franchisees under a cable television franchise granted by the Municipality shall further comply with all requirements contained in the cable franchise agreement and the master cable television regulatory ordinance. Any failure of the permittee to comply with the requirements of the Municipality described herein shall constitute an evasion of obligations under this Permit, and shall be prohibited. The Municipality reserves the right to delegate any of its rights or obligations under this Permit, without the consent of the permittee, to any person, organization or official.
(b) Coordination and Environmental Impact. Except for emergencies, the Municipality may require that all construction and installations be coordinated with the Municipality's street improvement programs. In addition, the permittee shall assess and report on the impact of its proposed construction on the Municipal environment. Such reports may be reviewed by the Municipality to ensure, inter alia, (i) that all applicable laws, including building and zoning codes and air and water pollution regulations, are complied with, (ii) that aesthetic and good planning principles have been given due consideration, and (iii) that adverse impact on the environment has been minimized. The permittee shall incorporate reasonable changes requested by the Municipality.
(c) Construction and Restoration. All streets, public property, and lawfully installed improvements therein which are distributed by the permittee's activity shall be restored to the Municipality's satisfaction in the time frame prescribed by the Municipality, or if not prescribed by the Municipality, as soon as possible (in no circumstances more than thirty days from the date of completion of construction) by the permittee, at its expense, to, at a minimum, the condition which existed prior to construction, to the Municipality's satisfaction. In the event replacement and restoration of the area is not completed within thirty days or as soon as reasonably possible, the Municipality may, upon written notice to the permittee, complete any necessary work at the sole expense of the permittee.
(d) Undergrounding. Except where noted in the Exhibits attached to original Ordinance 1997-122, passed November 12, 1997, and specifically authorized by the Municipality prior to construction, all of the permittee's facilities shall be installed underground and all installation of street crossings shall be made by boring. The permittee shall make no open cuts without specific prior written permission of the Municipal Engineer or his or her designee. Additionally, any facilities not installed underground must be expressly authorized beforehand by the Municipality in writing, and so located that any interference with the other uses of the streets and other public properties, and any interference with the rights and reasonable convenience of property owners whose property adjoins any of the streets and other public properties, are minimal. No underground installation shall be made in any public right-of-way without having first obtained a street cut or other permit from the Municipality and complying with the Municipality's bonding requirements.
(e) Alternative Burial Standards. In cases where the burial standards of Section 1483.05(24) do not apply, the minimum burial depth for the permittee's underground facilities shall be two feet, or such other depth as approved by the Municipality, with warning tape buried above all fiber optic cable, conduit or lines to reduce the potential for accidental breakage and to minimize actions under the hold harmless provision of Section 1483.08(a).
(Ord. 1997-122. Passed 11-12-97.)