Loading...
§ 116.12 FUTURE CONTINGENCY.
   (A)   In the event this chapter or any tariff or other provision that authorizes permit holders to recover the fee provided for in this chapter, becomes unlawful or is declared or determined by a judicial or administrative authority exercising its jurisdiction to be excessive, unenforceable, void or illegal, in whole or in part, then the city and all permit holders shall negotiate a new compensation arrangement that is in compliance with the authority’s decision.
   (B)   Unless explicitly prohibited, the new compensation arrangement shall provide the city with a level of compensation comparable to that set forth in this chapter, as long as that compensation is recoverable by permit holders in a manner permitted by law for the unexpired portion of the term of this chapter.
(Ord. 99-05, passed 6-15-1999)
§ 116.13 GOVERNING LAW.
   This chapter shall be construed in accordance with the city code in effect on the date of passage of this chapter to the extent that such code is not in conflict with or in violation of the Constitution and laws of the United States or the state.
(Ord. 99-05, passed 6-15-1999)
§ 116.14 TERMINATION.
   (A)   The city shall reserve the right to terminate any permit and any rights or privileges granted under this chapter in the event of a material breach of the terms and conditions of the permit or of this chapter, subject to a 30-day written notice and the opportunity to cure the breach during that 30-day period.
   (B)   Material breaches of a permit specifically include, but are not limited to, continuing violations of §§ 116.05 and 116.07 of this chapter, and the furnishing of any service requiring municipal authority not authorized by the permit.
   (C)   A material breach shall not be deemed to have occurred if the violation occurs without the fault of a permit holder or occurs as a result of circumstances beyond its control.
   (D)   (1)   A termination shall be declared only by a written decision of the City Council after an appropriate public proceeding before the City Council, which shall accord the permit holder due process and full opportunity to be heard and to respond to any notice of grounds to terminate. All notice requirements shall be met by giving the permit holder at least 15 days’ prior written notice of any public hearing concerning the proposed termination of its permit.
      (2)   Such notice shall state the grounds for termination alleged by city.
(Ord. 99-05, passed 6-15-1999)
§ 116.15 UNAUTHORIZED USE OF RIGHTS-OF-WAY.
   (A)   It shall be unlawful for any person to knowingly excavate or occupy the rights-of-way that has not been authorized by the city in accordance with the terms of this chapter and a permit issued hereunder.
   (B)   It shall be unlawful for any person to place any facilities on, in or over the rights-of-way, city property, city structures or utility infrastructure unless expressly allowed under this chapter or other applicable terms of a city ordinance.
   (C)   Such unlawful excavation, occupation or placement as described herein may be challenged by the city in a court of appropriate jurisdiction and appropriate compensation, including attorney fees, may be sought.
(Ord. 99-05, passed 6-15-1999)
§ 116.16 NON-DISCRIMINATION AND COMPETITIVE NEUTRALITY.
   The city hereby recognizes that it has the legal duty to obligate, on a going-forward basis, all permit holders to abide by the same terms and conditions imposed by this chapter, including, but not limited to, the payment of the line fee, and to apply substantively the same requirements governing their use and occupancy of the rights-of-way. This provision, however, is not intended and should not be construed to extend the obligations and duties of the city under applicable laws.
(Ord. 99-05, passed 6-15-1999)
§ 116.17 PERMIT; ISSUANCE AND EFFECTIVE DATE.
   (A)   Any permit holder that owns facilities already located within the rights-of-way on the date this chapter is enacted is hereby granted a permit hereunder; however, within 30 days from the effective date of this chapter all such permit holders shall provide to the city a notice of pre-existing facilities. All prospective permit holders shall file a permit application form at least 30 days before placing any facilities in the rights-of-way. A permit application form will not be accepted and a permit granted unless the applicant provides on that form the name and address of the person to whom notices hereunder are to be sent, the date on which the applicant expects to begin providing service within the city, a 24-hour per day contact number for the applicant, and the certificate number of the applicant’s certificate issued by the Public Utility Commission of the state or a notarized statement from a principal or officer of the applicant that no certification by the Public Utility Commission is required for the type of service to be offered by applicant.
   (B)   The city shall deliver a properly certified copy of this chapter to the permit holder, along with a permit hereunder, within 14 days after receipt of the notice of pre-existing facilities or the permit application form. The effective date for any permit shall be the date of issuance, however, the assessment of the line fee shall not begin until the first day of the second month after the date of issuance of the permit. Permit holders with pre-existing facilities may continue the pre-existing compensation arrangement until the first day of the second month following the issuance of the permit.
(Ord. 99-05, passed 6-15-1999)