(A) Non-exclusive; additional permits. A permit shall be non-exclusive. The city expressly reserves the right to approve, at any time, additional permits for access to and ongoing use of the public rights-of-way by rights-of-way users and to enter into agreements and grant franchises for such access and use. The issuance of additional permits, entry into agreements, or grant of franchises shall not be deemed to amend, modify, revoke, or terminate the terms and conditions of any permits previously issued to rights-of-way users.
(B) Expansion requests. A permit approved by the city shall authorize, access to and ongoing use of the public rights-of-way described in the permit, subject to compliance with the conditions of the permit, the requirements of this chapter, and any other applicable requirements of a city ordinance or applicable state and federal law. The permittee shall not use any public rights-of-way not expressly authorized by the permit. Any use of the public rights-of-way (including any installation, construction, maintenance, or repair of a system within the public rights-of-way) to provide services shall be performed only as authorized by the permit. A permittee may, however, expand or modify its system to public rights-of-ways not described in its permit by obtaining approval of an amended permit from the city. Such approval may be granted in writing by the Director in response to a written request from the permittee for expansion or modification to specific portions of named public rights-of-way. The City Commission may establish by resolution a non-refundable application fee for such a request. After taking into consideration the public health, safety and welfare, the Director may grant, grant with conditions, or deny such request. The Director shall not unreasonably deny any request. A denial of any request may be appealed to the City Manager who shall make the final decision. Any expansion or modification into additional public rights-of-way shall be subject to all terms and conditions of the original permit and this chapter including, without limitation, the application of the annual fee to the expanded or modified public rights-of-way used by the permittee.
(C) Construction permit. A permittee shall not commence construction, excavation, street opening, tree trimming, or maintenance of, upon over, across or under the public rights-of-way in the city without first obtaining all necessary construction, excavation, street opening, tree trimming, or other applicable permits as required under applicable city ordinances, for construction, excavation, street opening, tree trimming, or maintenance within the public rights-of-way.
(D) Lease or use of facilities; overlashing. A permittee shall not lease, sublease, license or otherwise allow the use of wires, conduit, poles or other facilities in the public rights-of-way by a person without securing from the person a representation that the person has secured all necessary governmental approvals required to occupy space in the public right-of-way. A permittee shall not allow the property of a third party system wires or any other facilities to be overlashed, affixed or attached to any portion of a permittee's system located in the public right-of-way; or allow other actions with a similar result without securing from the person a representation that all governmental approvals have been secured in order to occupy space in the public right-of-way.
(E) "As built" maps. Without expense to the city, a permittee shall provide the city with "as-built" maps, records and plans showing its system or portions thereof within the city, including those of affiliates used by the permittee, and maps and descriptive information of facilities of other persons used by the permittee. The "as built" shall be in such format as required by the city. (Digital GIS maps are required if available.) The Director may waive part or all of this requirement if satisfactory records of the location of the system were previously provided to the city. The "as built" maps, records and plans shall be provided within 30 days of the completion of the system and any extensions, additions, or modifications to the system. In addition to the foregoing, a permittee, without expense to the city, shall, upon 48 hours notice, give the city access to all "as-built" maps, records, plans and specifications showing its system or portions thereof within the city. Upon request by the city, a permittee shall inform the city as soon as possible (but no more than one business day after the request) of any changes from previously supplied maps, records, or plans and shall mark up maps provided by the city so as to show the location of its system.
(F) Inducement. By acceptance of a permit, a permittee acknowledges that it has not been induced to obtain the permit by any understanding or promise or other statement, whether verbal or written, by or on behalf of the city or by any third person concerning any term or condition of a permit not expressed in this chapter.
(G) Acceptance of terms and conditions. Permittee acknowledges by the acceptance of a permit that it has carefully read its terms and conditions and does accept all of such terms and conditions.
(H) No priority. A permit does not establish any priority of use of the public rights-of-way by a permittee over any present or future permittees or parties having agreements with the city or franchises for such use. In the event of any dispute as to the priority of use of the public rights-of-way, the first priority shall be to the public generally, the second priority to the city, the third priority to the state and its political subdivisions in the performance of their various functions, and thereafter as between permittees, other permit holders, parties having agreements with the city, and franchisees, as determined by the city in the exercise of its powers, including the police power and other powers reserved to and conferred on it by the state.
(I) Future use by city. A permittee acknowl- edges, by accepting a permit, that it obtains no rights to or further use of the public rights-of-way other than those expressly granted herein. Each permittee acknowledges and accepts as its own risk that the city may make use in the future of the public rights-of-way which a permittee is using or in which a permittee's system is located in a manner inconsistent with the permittee's use of such public rights-of-way and that in such event the permittee will be required to relocate their facilities and not be entitled to compensation from the city.
(J) Expiration of permit. Unless the city grants an extension, a permit shall expire one year from the date of issuance unless prior thereto the permittee either:
(1) Commences construction, installation, or operation of its system within the public rights-of-way authorized by the permit and diligently pursues completion of construction or installation; or
(2) Commences use of the public rights-of-way to provide services as authorized by the permit.
(Ord. 895, passed 10-13-03)