(a) Authority. The City expressly reserves, and the permittee expressly recognizes, the City's right and duty to adopt, from time to time, in addition to the provisions herein contained, such resolutions, ordinances and rules and regulations as may be deemed necessary by the City in the lawful exercise of its police power for the protection of the health, safety and welfare of its citizens and their properties. The Codified Ordinances of the City, as the same may be amended from time to time, are expressly incorporated, as if fully set out herein, by this reference. The permittee shall comply with all resolutions, ordinances, rules and regulations of the City and shall obtain all required permits. All permittees who are also franchisees under a cable television franchise granted by the City shall further comply with all requirements contained in the cable franchise agreement and the master cable television regulatory ordinance. Any failure of the permittee to comply with the requirements of the City described herein shall constitute an evasion of obligations under this permit, and shall be prohibited. The City reserves the right to delegate any of its rights or obligations under this permit, without the consent of the permittee, to any person, organization or official.
(b) Coordination and Environmental Impact. Except for emergencies, the City may require that all construction and installations be coordinated with the City's street improvement programs. In addition, the permittee shall assess and report on the impact of its proposed construction on the City environment. Such reports may be reviewed by the City to ensure, inter alia, (i) that all applicable laws, including building and zoning codes and air and water pollution regulations, are complied with, (ii) that aesthetic and good planning principles have been given due consideration, and (iii) that adverse impact on the environment has been minimized. The permittee shall incorporate reasonable changes requested by the City.
(c) Construction and Restoration. All streets, public property, and lawfully installed improvements therein which are distributed by the permittee's activity shall be restored to the City's satisfaction in the time frame prescribed by the City, or if not prescribed by the City, as soon as possible (in no circumstances more than thirty days from the date of completion of construction) by the permittee, at its expense, to, at a minimum, the condition which existed prior to construction, to the City's satisfaction. In the event replacement and restoration of the area is not completed within thirty days or as soon as reasonably possible, the City may, upon written notice to the permittee, complete any necessary work at the sole expense of the permittee.
(d) Undergrounding. Except where noted in the Exhibits attached and specifically authorized by the City prior to construction, all of the permittee's facilities shall be installed underground and all installation of street crossings shall be made by boring. The permittee shall make no open cuts without specific prior written permission of the Building Commissioner or his or her designee. Additionally, any facilities not installed underground must be expressly authorized beforehand by the City in writing, and so located that any interference with the other uses of the streets and other public properties, and any interference with the rights and reasonable convenience of property owners whose property adjoins any of the streets and other public properties, are minimal. No underground installation shall be made in any public right-of-way without having first obtained a street cut or other permit from the City and complying with the City's bonding requirements.
(e) Alternative Burial Standards. In cases where the burial standards of Section 1028.05(24) do not apply, the minimum burial depth for the permittee's underground facilities shall be two feet, or such other depth as approved by the City, with warning tape buried above all fiber optic cable, conduit or lines to reduce the potential for accidental breakage and to minimize actions under the hold harmless provision of Section 1028.08(a).
(Ord. 02-69. Passed 6-18-02.)