(A) In addition to the other requirements set forth herein and in the administrative regulations each permittee, shall:
(1) Use its best efforts to cooperate with other permittees and the city for the best, most efficient, most aesthetic and least obtrusive use of rights-of-way, consistent with safety, and to minimize traffic and other disruptions including street cuts;
(2) Participate in such joint planning, construction and advance notification of right-of-way work, excepting such work performed in an emergency; provided the permittee uses its best efforts to contact the city at the earliest possible time after beginning such work, as may be required by Chapter 97 and this chapter and as may be more specifically set forth in administrative regulations promulgated pursuant to this chapter;
(3) Cooperate with other Permittees in utilization of, construction in and occupancy of private rights-of-way, but only to the extent the same is consistent with the grant thereof or is not additionally burdensome to any property owner;
(4) Upon reasonable written notice of and at the direction of the City Manager, and at the permittee's sole cost, promptly remove or rearrange facilities as necessary, such as during any construction, repair or modification of any street, sidewalk, city utility or other public improvement, or as part of the City Manager's determination that designated portions of its rights-of-way should accommodate only underground facilities or that facilities should occupy only one side of a street or other public way, or if an additional or subsequent city or other public use of rights-of-way is inconsistent with the then current uses of such permittee or for any other reasonable cause as determined by the City Manager pursuant to § 98.14(B) of this chapter.
(5) Provide maps and other information relating to a permittee's facilities and operations within the rights-of-way and compliance with this chapter in such form, including digital or other form compatible with any city geographic information system, as the administrative regulations require. Said maps and information shall, at a minimum, locate, describe and identify all uses of, and "as built" structures and facilities of such permittee in, the rights-of-way;
(6) Perform all work, construction, maintenance or removal of structures and facilities within the right-of-way, including tree trimming, in accordance with good engineering and construction practice including any appropriate safety codes and in accordance with the administrative regulations and use its best efforts to repair and replace any street, curb or other portion of the right-of-way, or facilities or structure located therein, to a condition to be determined by the City Manager to be adequate under current standards and not less than materially equivalent to its condition prior to such work and to do so in a manner which minimizes any inconvenience to the public, the city and other permittees, all in accordance with the administrative regulations adopted hereunder or under city codes.
(7) Register with underground reporting services as set forth in the administrative regulations;
(8) Use its best efforts to cooperate with the city in any emergencies involving the rights-of-way in such manner as the administrative regulations shall require including the maintenance of a 24 hour emergency contact;
(9) Using distinct identification, identify all structures and facilities in the rights-of-way in accordance with the administrative regulations; and
(10) Designate a single point of contact for all purposes hereunder, as well as comply with such other contact and notice protocols as the administrative regulations require.
(B) Each permittee shall assure that any subcontractor or other person performing any work or service in the right-of-way on behalf of said permittee will comply with all applicable provisions of this chapter and its right-of-way permit and will identify the permittee for whom such subcontractor is working. Said permittee shall be responsible and liable hereunder for all actions of any such subcontractor or others as if said permittee had performed or failed to perform any such obligation.
(C) Following the initial receipt of a right-of-way permit (general, special or utility) every permittee shall be required to apply for and obtain the City Manager's approval for any new placement of facilities in the right-of-way or material modification to current facilities in the right-of-way. For the purposes of this section,
FACILITIES
shall be mean, but not necessarily be limited to, poles, transformers, conductors, conduits, ducts, cables, pipes, wires, fibers, lines, mains, vaults, manholes, amplifiers, appliances, towers, antennae, wave guides, optic fiber, microwave, and laser beams. For the purposes of this section,
MATERIAL MODIFICATION
shall be mean, but not necessarily be limited to, a material increase, decrease, alteration, or change to current facilities regarding: type of infrastructure, capacity, size, service, technology, or delivery methodology. The application for the City Manager's approval shall be filed in such form and in such manner as the administrative regulations require. Within 15 days of the receipt of a completed application for such new facilities installation or material modification, the City Manager shall either: approve the new facilities installation or material modification as requested; deny the new facilities installation or material modification as requested; or conditionally approve the new facilities installation or material modification subject to the permittee's following certain amendments to the work as may be required by the City Manager. When reviewing an application for new facility installation or material modification, the City Manager shall take into consideration all applicable current and future right-of-way usage needs, the health and safety of the public, responsible land use planning requirements, economic development issues, aesthetics, and any other reasonable considerations as may be required by this chapter. When granting a conditional approval for new facilities installation or material modification that contains required amendments, the City Manager may require the facilities, at the permittee's sole cost: be placed in certain specific locations of the right-of-way, meet certain technological or physical parameters, and/or be located entirely underground. A permittee may appeal the City Manager's decision regarding the approval or denial of a request for new facilities installation or material modification of a permittee's facilities to the City Council in accordance with § 98.04(E) of this chapter.
(Ord. 152-97, passed 12-15-97; Am. Ord. 136-02, passed 11-18-02) Penalty, see § 98.99