(a) Location of Facilities. All facilities shall be constructed, reconstructed, installed and located in accordance with the following terms and conditions:
(1) The City shall strongly encourage facilities be installed within an existing compatible underground duct or conduit whenever excess capacity exists within such facility.
(2) The City shall strongly encourage the co-location of wireless telecommunications facilities.
(3) A service provider with permission to install overhead facilities shall install its facilities on to existing utility poles only, and then only if surplus space is available. Existing utility poles may be replaced in order to add additional equipment.
(4) Whenever all existing electric, cable, telecommunications and other similar Facilities are located underground in a Public Right-of-Way, a service provider with permission to occupy the same Public Right-of-Way with the electric, cable, telecommunications or other similar facilities, must also locate its facilities underground.
(5) Except for overhead facilities as currently exist or as provided herein, when it is determined to be in the City's best interest, no facilities (except for cable pedestals and above ground pressure line equipment) shall be located above ground in a Public Right-of-Way without the express written permission of the City Administrator.
(b) Excess Capacity. To reduce excavation in the Public Right-of-Way, it is the City's goal to encourage service providers to share occupancy of underground conduit as well as to construct, whenever possible, excess conduit capacity for occupancy of future facilities in the Public Right-of-Way.
(c) Relocation or Removal of Facilities. Within sixty (60) days following receipt of written notice from the City, a service provider shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any facilities in the public Right-of-Way whenever the City shall have determined that such removal, relocation, change or alteration is reasonably necessary for:
(1) The Construction, reconstruction, repair, maintenance or installation of any City or other public improvement in or upon the Public Right-of-Way.
(2) The operations of the City or other governmental entity in or upon the Public Right-of-Way.
Notwithstanding the above, no service provider shall be required to bear the expense of removal, relocation, change or alteration of position of any facilities if such requirement would be prohibited by law.
(d) Emergency Removal or Relocation of Facilities. The City retains the right and privilege to cut or move any facilities only in emergency situations involving public safety if the entity is not immediately available to provide the removal or relocation, or stop work on any construction, reconstruction, installation, operation or excavation, located in the Public Right-of-Way of the City, as the City may determine to be necessary, appropriate or useful in response to any need to protect the public health, safety or welfare; except to the extent that the City's actions would cause a dangerous or potentially dangerous situation.
(Ord. 043-2017. Passed 3-13-17.)