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(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
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)
SYSTEM SPECIFICATIONS AND TERMS OF SERVICE
(A) Telecommunication providers providing cable service shall be subject to the cable franchise requirements in any separate cable franchise ordinances.
(B) A grantee shall have the right, without prior city approval, to offer or provide capacity or bandwidth to another telecommunications provider for resale or service to end-user customers, provided that the grantee shall notify the city that such lease or agreement has been granted to a customer or lessee.
(Ord. 2021-01, passed 3-10-2021)
Unless otherwise provided in a franchise agreement, each grantee shall, as a condition of the grant, secure and maintain the following liability insurance policies insuring both the grantee and the city, and its elected and appointed officers, officials, agents, and employees as coinsured:
(A) Comprehensive general liability insurance with limits not less than $3,000,000 for bodily injury or death to each person, $3,000,000 for property damage resulting from any one accident, and $3,000,000 for all other types of liability;
(B) Automobile liability for owned, non-owned, and hired vehicles with a limit of $1,000,000 for each person and $3,000,000 for each accident;
(C) Worker’s compensation within statutory limits and employer’s liability insurance with limits of not less than $1,000,000;
(D) Comprehensive form premises-operations, explosions, and collapse hazard, underground hazard and, products completed hazard with limits of not less than $3,000,000;
(E) (1) The liability insurance policies required by this section shall be maintained by the grantee throughout the term of the telecommunications franchise, and such other period of time during which the grantee is operating without a franchise hereunder, or is engaged in the removal of its telecommunications facilities.
(2) Each such insura nce policy shall contain the following endorsement:
It is hereby understood and agreed that this policy may not be canceled nor the intention not to renew be stated until ninety (90) days after receipt by the City of Monroe, by registered mail, of a written notice addressed to the City Recorder of such intent to cancel or not renew.
(F) Within 60 days after receipt by the city of said notice, and, in no event, later than 30 days prior to said cancellation, the grantee shall obtain and furnish to the city evidence that grantee meets requirements of this section; and
(G) As an alternative to the insurance requirements contained herein, a grantee may provide evidence of self-insurance subject to review and acceptance by the city.
(Ord. 2021-01, passed 3-10-2021)
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