§ 98.10 ADOPTION OF ADMINISTRATIVE REGULATIONS.

   (A)   In accordance with the provisions of this Chapter 98, the City Manager may promulgate administrative regulations, as the City Manager deems appropriate from time to time, to carry out the express purposes and intent of this chapter, including administrative regulations governing the procedures of the City Council and permitting process.

   (B)   Such administrative regulations shall not materially increase the obligations of any permittee hereunder; provided, however, that:

      (1)   The adoption of administrative regulations increasing fees pursuant to § 98.07(G);

      (2)   Requiring the placement of facilities in designated portions of the rights-of-way underground pursuant to § 98.06(A)(4); or,

      (3)   Requiring the overbuilding of facilities shall not be construed as materially increasing the obligations of a permittee.

   (C)   Within 90 days after the effective date of this chapter, the City Manager shall develop and implement administrative regulations by filing the same with the Clerk of Council for publication. The proposed administrative regulations shall become effective the earliest allowed by law.

(Ord. 152-97, passed 12-15-97)

§ 98.11 INDEMNITY; INSURANCE.

   (A)   Except for special right-of-way permittees for residential purposes, each permittee shall, as a condition of its right-of-way permit, indemnify, protect and hold harmless the city from any claim, loss or damage arising in any way from permittee's occupation or use of the right-of-way, including but not limited to the construction, operation or maintenance of permittee's facilities, and from any such permittee's negligent or wrongful act or omission.

   (B)   Except for special right-of-way permittees for residential purposes, each permittee, as a condition of its permit, shall keep in force a policy or policies of liability insurance, having such terms and in such amounts as are set forth in the administrative regulations, covering its facilities and operations pursuant to its right-of-way permit. The city shall be named as an additional insured on such policy.

(Ord. 152-97, passed 12-15-97)

§ 98.12 REMOVAL OF FACILITIES.

   (A)   Except for special right-of-way permittees for residential purposes, any right-of-way permittee that intends to discontinue use of any facilities within the rights-of-way shall submit a written notice to the City Manager describing the portion of the facilities to be discontinued and the date of discontinuance, which date shall not be less than 30 days from the date such notice is submitted to the City Manager. The permittee may not remove, destroy or permanently disable any such facilities alter such notice without the written approval of the City Manager. The permittee shall remove and secure such facilities as set forth in the notice unless directed by the City Manager to abandon such facilities in place.

   (B)   Upon such abandonment and acceptance by the city in writing, full title and ownership of such abandoned facilities shall pass to the city without the need to pay compensation to the permittee. The permittee shall, however, continue to be responsible for all taxes on such facilities or other liabilities associated therewith, until the date the same was accepted by the city.

   (C)   Should any permittee fall, after notice, to remove or rearrange facilities at the City Manager's request as specified in § 98.06(A)(4), the city may, at its option and in addition to the imposition of any penalties or other remedies hereunder, undertake or cause to be undertaken, such necessary removal or rearrangement. The city shall have no liability for any damage caused by such removal or rearrangement and the permittee shall be liable to the city for all costs incurred by the city in such removal or rearrangement.

(Ord. 152-97, passed 12-15-97) Penalty, see § 98.99

§ 98.13 REVOCATION.

   (A)   In addition to any other rights set out in this chapter, the city reserves the right to revoke, in accordance with the procedures set forth in § 98.13(B), any right-of-way permit in the event such permittee violates any material provision of this chapter or its right-of-way permit.

   (B)   The City Manager shall give a permittee 30 days prior written notice of an intent to revoke said permittee's right-of-way permit. Such notice shall state the reasons for such action. If the permittee cures the violation or other cause within the 30 day notice period, or if the permittee initiates efforts satisfactory to the City Manager to remedy the stated violation, the City Manager may rescind said notice of revocation. If the permittee does not cure the stated violation or other cause or undertake efforts satisfactory to the City Manager to remedy the stated violation the City Manager may recommend said permit be revoked. After granting the permittee an opportunity to be heard in person or in writing, the City Council may revoke the right-of-way permit. Unless otherwise required by law, the decision of the City Council shall be final.

   (C)   Unless otherwise permitted by the City Manager, if a right-of-way permit is revoked, all facilities located in the rights-of-way or located upon public property pursuant to such permit shall be removed at the sole expense of the permittee.

(Ord. 152-97, passed 12-15-97)