(a) Public Right-of-Way Route. A permit granted to a service provider to occupy or construct in, or use the Public Right-of-Way under Section 712.03 shall be limited to a grant to occupy or use the specific Public Right-of-Way and defined portions thereof including the specific facilities and location along the Public Right-of-Way.
(b) Nonexclusive Permit to Occupy the Public Right-of-way. No permit granted under Section 712.03 shall confer any exclusive right, privilege, license or franchise to occupy or use the Public Right-of-Way of the City to operate a system for delivery of services or any other purposes.
(c) Rights Permitted. From the effective date of this Ordinance, no permit granted under Section 712.03 shall convey any right, title or interest in the Public Right-of-Way, but shall be deemed a permit only to occupy or use the Public Right-of-Way for the limited purposes granted by the consent. Further, no consent shall be construed as any warranty of title.
(d) Maintenance of Facilities. Each service provider shall maintain its system or facilities in good and safe condition and in a manner that complies with all applicable federal, state and local requirements.
(e) Safety Procedures. A service provider or other person acting on its behalf shall use suitable barricades, flags, flagmen, lights, flares and other measures as necessary and in accordance with applicable state and local requirements as determined by the Director of Public Service for the safety of all members of the general public as well as project workers and to prevent injury or damage to any person, vehicle or property by reason of such work in or affecting such Public Right-of-Way or property.
(f) Interference with the Public Rights-of-Way. No service provider may locate or maintain its facilities so as to unreasonably interfere with the use of the Public Right-of-Way by the City, by the general public or by other persons authorized to use or be present in or upon the Public Right-of-Way. All such facilities shall be moved by the service provider, temporarily or permanently, as reasonably determined by the Director of Public Service.
(g) Damage to Public Property. No service provider or any person acting on the service provider's behalf shall take any action or permit any action to be done which may impair or damage any City property, Public Right-of-Way, other ways or other public property located in, on or adjacent thereto.
(h) Restoration of Public Right-of-Way, Other Ways and City Property.
(1) When a service provider, or any person acting on its behalf, does any work in or affecting any Public Right-of-Way, other ways or City property, it shall, after the work is completed and at its own expense, promptly remove any obstructions therefrom and restore such ways or property, within thirty (30) days, at the Public Service Director's discretion, to as good a condition as existed before the work was undertaken, unless otherwise directed by the City.
(2) If weather or other conditions do not permit the complete restoration required by this Section, the service provider shall temporarily restore the affected ways or property as directed by the Director of Public Service. Such temporary restoration shall be at the service provider's sole expense and the service provider shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration.
(i) Duty to Provide Information.
(1) Within ten (10) days of a written request from the Director of Public Service each service provider shall furnish the City with documentation sufficient to show that the service provider has complied with all requirements of this Chapter.
(2) In addition, within ten (10) days of a written request from the Director of Public Service, each service provider shall make available for inspection by the City at reasonable times all available documents, maintained by the service provider with respect to its facilities in the Public Right-of-Way.
(j) Assignments or Transfers of Consent. Permit to occupy or use the Public Right- of-Way may be, directly or indirectly, transferred, assigned or disposed of by sale, lease, merger, consolidation or other act of the service provider, by operation of law or otherwise, without consent of the City, so long the City is notified of the proposed transfer on or before the date of transfer.
(k) Duties of Transferee. The transferee shall fully comply with this Chapter within sixty (60) days of the transfer, including, but not limited to:
(2) Any other information reasonably required by the Director of Public Service.
(Ord. 043-2017. Passed 3-13-17.)