(a) Upon grant of the Permit and in order to construct, operate, improve, upgrade and maintain a telecommunications system or utility in the City, a Permittee may enter into contracts with any public utility companies or any other owner or lessee of any poles or underground areas located within or without the City; obtain Right-of-Way permits from appropriate City, State, County, and Federal officials necessary to cross or otherwise use highways or roads under their respective jurisdiction; obtain permission from the Federal Aviation Administration to erect and maintain antennas; and obtain whatever other permits a City, County, State or Federal agency may require.
(Ord. 2007-14. Passed 6-18-07.)
(b) In those areas of the City where telephone and electric services are provided by underground facilities, all new facilities of a Permittee shall be placed underground. In all other areas, the Permittee, upon request of the City, shall use its Best Efforts to place facilities underground. However, the term “facilities” as used in the preceding sentence shall not include equipment which is customarily placed on or above the ground in conjunction with underground transmission facilities (e.g., splice and terminal pedestals, equipment cabinets and transformers). Where not otherwise required to be placed underground by this chapter, the Permittee's system shall be located underground at the request of the adjacent property owner, provided the placement of such system shall be consistent with the Permittee's construction and operating standards and provided that the excess cost over the aerial location shall be borne by the property owner making the request. All cable to be installed under the roadway shall be installed in conduit. In no circumstance shall a new pole be located in any area of the City where it is not replacing an existing pole without written approval of Director, which approval shall not be unreasonably withheld.
(c) The Permittee shall construct, install, operate and maintain its system in a manner consistent with all laws, ordinances, construction standards, governmental requirements, FCC technical standards, and those standards are incorporated by reference herein.
(d) The Permittee shall comply with the City's normal permitting process prior to commencing any work in the Rights-of-Way except for emergencies or as otherwise provided in this Chapter. No work in the Rights-of-Way shall be commenced until such time as any and all required permits have been issued by the City. The City shall not unreasonably withhold the granting of any permit.
(Ord. 97-36. Passed 12-1-97.)
(Ord. 97-36. Passed 12-1-97.)
(e) Any contractor utilized for construction, installation, operation, improvement, upgrade, maintenance or repair of system equipment must be properly licensed under laws of the State, and all local ordinances. The Contractor’s or Permittee’s system and associated equipment erected by the Permittee with the City to operate or improve a system shall be so located as to cause minimum interference with the proper use of the rights-of-ways, streets, alleys and other public ways and places, and to cause minimum interference with the rights and reasonable convenience of property owners who adjoin any of the said streets, alleys or other public ways and places. No pole or other fixtures placed in any public way by the Permittee shall be placed in such a manner as to interfere with normal travel on such public way.
(Ord. 2007-14. Passed 6-18-07.)
(f) The City does not guarantee the accuracy of any maps showing the horizontal or vertical location of existing substructures. In Rights-of-Way, where necessary, the location shall be verified by excavation.
(Ord. 97-36. Passed 12-1-97.)
(Ord. 97-36. Passed 12-1-97.)
(g) Construction, installation, operation, improvement, upgrade and maintenance of the utility or telecommunications system shall be performed in an orderly and workmanlike manner. When consistent with the safety codes and standards set forth in this chapter, all cables and wires shall be installed, where possible, parallel with electric and telephone lines. Multiple configurations shall be arranged in parallel and bundled with due respect for engineering considerations.
(Ord. 2007-14. Passed 6-18-07.)
(h) The Perrnittee shall at all times comply with applicable National Electrical Safety Code requirements (National Bureau of Standards); applicable National Electrical Code requirements (National Bureau of Fire Underwriters); applicable FCC or other Federal, State and local regulations; and, all standards set forth in the Permit.
(i) In any event, the system shall not endanger or interfere with the safety of persons or property in the Permit area or other areas where the Permittee may have equipment located.
(Ord. 97-36. Passed 12-1-97.)
(Ord. 97-36. Passed 12-1-97.)
(j) All worker facilities, conditions and procedures that are used during construction, installation, operation improvement, upgrade, and maintenance of the utility or telecommunications system shall comply with the applicable standards of the Federal Occupational Safety and Health Administration.
(Ord. 2007-14. Passed 6-18-07.)
(k) The Permittee shall provide either a Performance Bond (or self bonding by a Permittee having capitalization in excess of fifty million dollars ($50,000,000), as determined by the Director), an Irrevocable Letter of Credit acceptable to the Director, or a Certified Check, in an amount determined by the Director, which is sufficient to pay the cost of restoration of the Right-of-Way should the Permittee fail to perform any restoration required by this chapter or the Permit or to pay for the cost of removal or relocation of the system as required by this chapter should the Permittee fail to perform said removal or relocation.
(l) All Permittees shall obtain a Right-of-Way Work Permit from the Director prior to beginning the erection, installation, improvement, upgrade or maintenance, including tree trimming, to its utility or telecommunications system. A Right-of-Way Work Permit shall not be required for emergency repairs or the routine placement of equipment where there is no change to the location of the equipment or enlargement of the equipment. The Permittee, and/or its subcontractors, shall leave the Right-of-Way where such work is done in as good condition or repair as they were before such work was commenced and to the reasonable satisfaction of the City. Such Right-of-Way Work Permit shall be issued in writing upon compliance with the criteria set forth in Sections 905.07 to 905.09 of this Chapter and subject to such conditions that may be attached by the Director including, but not limited to, requirements concerning traffic control, safety, scheduling, notification of adjoining property owners, and restoration with seed, sod or specific plant materials as directed by the Director and reasonable screening of equipment and facilities as directed by the Planning Commission.
The Permittee, and/or its subcontractors shall endeavor to complete, in an expeditious manner, repairs to the Right-of-Way. All workmanship and materials used by the Permittee, and/or its subcontractors to repair the streets and roadways shall be subject to inspection and approval by
the Director or his authorized agent and shall be warranted for a period of one year from the date of completion for any failure due to workmanship or quality materials.
(Ord. 2007-14. Passed 6-18-07.)
(m) Permittee shall furnish the City "as built" drawings not later than 120 days after construction has been completed. Drawings shall show ownership of conduits, ducts, poles and cables used for the telecommunications or utility system. Drawings shall be drawn to a scale of one inch equals one hundred feet using the standard format adopted by the City. Permittee shall provide one set of such diskettes and one set of blue or black line "as built" drawings to the Director. State plane coordinates shall be shown for benchmarks, curb lines, and structures. Drawings shall show horizontal dimensions from the curb line and elevations.
(Ord. 97-36. Passed 12-1-97.)