§ 112.047 SCHEDULES AND COORDINATION.

   (A)   Construction schedule. All construction permit applications shall be accompanied by a written construction schedule, which shall include a deadline for completion of construction. The construction schedule is subject to approval by the City Recorder. The permittee shall promptly complete all construction activities so as to minimize disruption of the public way and other public and private property. All construction work within the public way, including restoration, must be completed within 90 days of the date of issuance of the construction permit unless an extension or an alternate schedule has been approved by the City Recorder.

   (B)   Coordination of construction activities. All grantees are required to make a good faith effort to cooperate with the city, including, but not limited to, the following:

      (1)   If requested by the city, each grantee shall meet with the city annually, or as determined by the city, to schedule and coordinate construction in the public way. At that time, the city will provide available information on plans for local, state, and/or federal construction projects; and

      (2)   All construction locations, activities, and schedules shall be coordinated as ordered by the City Recorder or designee, to minimize public inconvenience, disruption, or damage.

(Ord. 2021-01, passed 3-10-2021)

§ 112.048 NON-COMPLYING WORK.

   Within 60 days following written notice from the city to remove the facilities, which notice shall not be issued until the permittee has had a reasonable opportunity, not to exceed 60 days, to correct non-complying conditions, all work which does not comply with the construction permit, the approved or corrected plans and specifications for the work, or the requirements of this chapter, shall be removed at the sole expense of the permittee.

(Ord. 2021-01, passed 3-10-2021)  Penalty, see § 10.99

§ 112.049 AS-BUILT DRAWINGS.

   If requested by the city, the permittee shall furnish the city with two complete sets of plans drawn to scale and certified to the city as accurately depicting the location of all telecommunications facilities constructed pursuant to the construction permit. These plans shall be submitted to the City Recorder or designee within 60 days after completion of construction, in a format acceptable to the city.

(Ord. 2021-01, passed 3-10-2021)

§ 112.050 LOCATION OF FACILITIES.

   (A)   All facilities located within the public way shall be constructed, installed, and located in accordance with the following terms and conditions, unless otherwise specified in a franchise agreement:

      (1)   Wherever existing electric utilities, cable facilities, and telecommunication facilities are located underground within a public way of the city, a grantee with permission to occupy the same public ground must also locate its telecommunications facilities underground; and

      (2)   Wherever all new or existing electric utilities, cable facilities, or telecommunications facilities are located or relocated underground within a public way of the city, a grantee that currently occupies the same public way shall relocate its facilities underground concurrently with the other affected utilities to minimize disruption of the public way, absent extraordinary circumstance or undue hardship, as determined by the City Recorder, and consistent with the applicable state and federal law.

   (B)   (1)   The City Recorder may require permittees to coordinate construction schedules and to co-locate facilities in the public way where the coordination or co-location requirements do not unreasonably interfere with any of the permittee’s operations.

      (2)   The City Recorder may require a co-locating permittee to provide reasonable compensation to another permittee whose facilities it shares, if necessary or appropriate to prevent unjust enrichment of the co-locating permittee.

(Ord. 2021-01, passed 3-10-2021)

§ 112.051 RELOCATION OR REMOVAL OF FACILITIES.

   (A)   Within 60 days following written notice from the city, or such shorter time as the city may prescribe because of an emergency, a grantee shall, at no expense to the city, temporarily or permanently remove, relocate, change, or alter the position of any telecommunications facilities within the public way whenever the city shall have determined that such removal, relocation, change, or alteration is reasonably necessary for:

      (1)   The construction, repair, maintenance, or installation of any city or other public improvements in the public way;

      (2)   The operations of the city or other governmental entity in the public way; or

      (3)   The public interest.

   (B)   Within 60 days following written notice from the city, any grantee, telecommunications provider, or other person that owns, controls, or maintains any unauthorized telecommunications system, facility, or related appurtenances within the public way of the city shall, at its own expense, remove such facilities or appurtenances from the public way of the city. A telecommunications system or facility is unauthorized and subject to removal in the following circumstances:

      (1)   One year after the expiration or termination of the grantee’s telecommunications franchise;

      (2)   If the system or facility was constructed or installed without the appropriate prior authority at the time of installation;

      (3)   If the system or facility was constructed or installed at a location not permitted by the grantee’s telecommunications franchise or other legally sufficient permit; or

      (4)   (a)   Upon abandonment of a facility within the public way of the city.

         (b)   A facility will be considered abandoned when it is deactivated, out of service, or not used for its intended and authorized purpose for a period of 90 days or longer. A facility will not be considered abandoned if it is temporarily out of service for repairs, upgrading, or replacement or is in addition to or expansion of a facility in use, which addition or expansion has been installed to provide excess capacity to serve future needs.

(Ord. 2021-01, passed 3-10-2021)  Penalty, see § 10.99

§ 112.052 DAMAGE TO GRANTEE’S FACILITIES.

   Unless directly and proximately caused by willful, intentional, or malicious acts by the city, the city shall not be liable for any damage to or loss of any telecommunications facility within the public way of the city as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling, or work of any kind in the public way by or on behalf of the city, or for any consequential losses resulting directly or indirectly therefrom.

(Ord. 2021-01, passed 3-10-2021)