(A) Any pavements, sidewalks, curbing, or other paved area taken up or any excavations in the public rights-of-way made by a franchisee shall be done under the supervision and direction of the city under permits issued for work by the proper officials of the city, and shall be done in such manner as to give the least inconvenience to the inhabitants of the city. A franchisee shall not commence construction in the public rights-of-way until the city has issued all applicable permits, except in the case of an emergency. The term "emergency" shall mean a condition that affects the public's health, safety or welfare, which includes an unplanned out-of-service condition of a pre- existing service. A franchisee shall provide prompt notice to the city of construction in the public rights-of- way in the event of an emergency. As a condition of granting such permits, the city may impose rules or regulations governing the construction in public rights- of-way. Permits shall apply only to the areas of public rights-of-way specifically identified in the permit. The city may issue a blanket permit to cover certain activities, such as routine maintenance and repair activities, that may otherwise require individual permits or may impose lesser requirements.
(B) As part of any permit application to perform construction in the public rights-of-way, the franchisee shall provide at least the following:
(1) An engineering plan signed and sealed by a state registered professional engineer, or prepared by a person who is exempt from such requirements as provided in F.S. § 471.003, identifying the location of the proposed facilities, including a description of the facilities to be installed, where they are to be located, and the approximate size of facilities and equipment that will be located in the public rights-of-way;
(2) A description of the manner, in which the facilities will be installed (i.e., anticipated construction methods and/or techniques);
(3) A traffic maintenance plan for any disruption of the public rights-of-way;
(4) Information on the ability of the public rights-of-way to accommodate the proposed facilities, if available (such information shall be provided without certification as to correctness to the extent obtained from other persons with facilities in the public rights-of- way);
(5) If appropriate given the construction proposed, an estimate of the cost of restoration to the public rights-of-way;
(6) The timetable for construction of the project or each phase thereof, and the areas of the city which will be effected; and
(7) Such additional information requested by the city that the city finds necessary to review the permit application.
(8) Unless prohibited by applicable law, the city shall have the power to prohibit or limit construction within the public rights-of-way if there is insufficient space to accommodate all of the requests to perform construction or place facilities in that area of the public rights-of-way, for the protection of existing facilities in the public rights-of-way, or to accommodate city plans for public improvements or projects that the city determines are in the public interest.
(C) All poles, wires, cables, underground conduits, manholes, and other fixtures erected by a franchisee in, upon, along, across, above, over and under the public rights-of-way within the city shall be so located, and all construction in the public rights-of-way shall be performed so as not to interfere unreasonably with the use of the public rights-of-way by the traveling public and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin any of the public rights-of-way. A franchisee shall not place facilities, equipment, or fixtures where they will interfere with any gas, electric, telephone, water, sewer, or other utility facilities, or obstruct or hinder in any manner the various utilities serving the residents of the city or their use of any public rights-of-way.
(D) A franchisee shall, at its own cost and expense, and in a manner approved by the city, replace and restore any such pavements, sidewalks, curbing, other paved areas, lawn, landscaping or any other areas where the franchisee performed construction to at least as good a condition as before the work was done. A franchisee shall warrant its restoration for a period of 12 months after completion of the restoration. If the franchisee fails to make such restoration within 20 calendar days after completion of construction, or such other time as may be required by the city, the city may, after ten days notice to the franchisee, perform such restoration using city employees, agents or contractors, and charge all costs of the restoration against the franchisee and require reimbursement within 20 days after the submission of the bill by the city to the franchisee.
(E) The city shall have the authority to require a franchisee to remove or to relocate its facilities in the public rights-of-way, unless prohibited by applicable law. A franchisee shall, on the request of any person holding a building-moving permit issued by the city, temporarily raise or lower its wires to permit the moving of buildings. The expense of the temporary removal or raising or lowering of wires shall be paid by the person requesting the same, and the franchisee shall have the authority to require such payment in advance, except in the case where the requesting person is the city, in which case no such payment shall be required. The franchisee shall be given not less than five calendar days advance notice to arrange for such temporary wire changes.
(F) A permit from the city constitutes authorization to undertake only certain activities on public rights-of-way in accordance with this subchapter, and does not create a property right or grant authority to impinge upon the rights of others who may have an interest in the public rights-of-way. The city may issue such rules and regulations concerning the installation and maintenance of a cable system and OVS installed in the public rights-of-way, as may be consistent with this subchapter and the franchise agreement. The city makes no warranties or representations regarding the fitness, suitability or availability of public rights-of-way for a franchisee's facilities and any performance of work or costs incurred by a franchisee shall be at the franchisee's sole risk. Nothing in this subchapter shall affect the city's authority to add, vacate or abandon public rights-of-way.
(G) In connection with excavation in the public rights-of-way, a franchisee shall, where applicable, comply with the Underground Facility Damage Prevention and Safety Act set forth in F.S. Chapter 556, as it may be amended.
(H) A franchisee shall, upon notice to the city of not less than seven days, emergency situations excepted, have the authority to trim trees or other natural growth upon and overhanging the public rights- of-way so as to prevent the branches of the trees from coming in contact with the wires and other equipment of the franchisee, except that, at the option of the city, such trimming as may be done by it or under its supervision and direction at the expense of the franchisee. All such work shall be done in accordance with such standards as have now or hereafter may be established by the city.
(I) A franchisee shall install and maintain its facilities in the public rights-of-way in a manner consistent with accepted industry practice and applicable law. A franchisee shall use all safety practices required by law when performing construction, maintenance, and repair. A franchisee shall, at all times:
(1) Install and maintain its wires, cables, fixtures and other equipment in accordance with the requirements of §§ 150.10 through 150.24 of this code, as they may be amended, and any other applicable building or electrical safety code, and in such manner so that they will not interfere with any installations of the city; and
(2) Keep and maintain in a safe, suitable, and substantial condition, and in good order and repair, all structures, lines, equipment, and connections in the public rights-of-way or places of the city, wherever situated or located;
(J) On public rights-of-way where electrical or telephone utility wiring is located underground, either at the time of initial construction of a cable or open video system or at any time thereafter, a franchisee's facilities shall also be located underground at the franchisee's expense. Between a street and a subscriber's residence, a franchisee's drop must be located underground if both electrical and telephone utility wiring are located underground. If a franchisee is otherwise not required to locate its facilities underground, a franchisee shall, at the subscriber's request, locate its drop between a street and a subscriber's residence underground if the subscriber pays the franchisee's actual costs of the underground location. The city shall encourage, to the extent feasible, that other users of the public rights-of-way and the franchisee cooperate in opening up trenches and making such trenches available to all parties with the understanding that the costs of opening and retiling of such trenches would be shared equally by all users of such trenches. Notwithstanding anything to the contrary, with respect to underground or aerial construction, a franchisee shall install underground extensions of lines in new residential subdivisions over five units or new multiple occupancy buildings.
(K) A franchisee shall publicize the initial build or any substantial rebuild, upgrade or extension of its facility that involves work in public rights-of-way in each affected neighborhood at least one week prior to commencement of that work by causing written notice of the construction to be delivered to the city and by notifying those persons whose property is within 300 feet of the work in at least 2 of the following ways: by telephone, in person, by mail, by distribution of flyers, by publication in local newspapers, or in any other manner approved by the city that is reasonably calculated to provide adequate notice. Apart from any initial build or substantial rebuild or upgrade, any underground construction will be publicized in accordance with applicable notice requirements. Before performing construction on private property, a franchisee shall use its best efforts to contact the property owner or resident and describe the construction to be performed.
(L) The city shall have the right to make such inspections of facilities in the public rights-of-way as it finds necessary to ensure compliance with this subchapter. In the event the city determines that a violation exists with respect to a franchisee's facilities in the public rights-of-way that is not considered to be an emergency or danger to the public health, safety or welfare, the city will provide the franchisee no less than three days notice setting forth the violation and requesting correction.
(M) A franchisee shall ensure that it provides the city with plans, revised as necessary, or "as-builts," that show the locations of the actual installation of facilities in the public rights-of-way. The plans shall be in a digitized format showing the two-dimensional location of the facilities based on the city's geographical database, or other format acceptable to the city. The franchisee shall provide such plans at no cost to the city. The city shall maintain the confidentiality of such plans and any other information provided in accordance with F.S. § 202.195, as it may be amended.
(N) The city reserves the right to place and maintain, and permit to be placed or maintained, sewer, gas, water, electric, storm drainage, communications, and other facilities, cables or conduit, and to do, and to permit to be done, any underground and overhead installation or improvement that may be deemed necessary or proper by the city in public rights-of-way occupied by a franchisee. A franchisee may allow city facilities to be co-located within the city's public rights-of-way through the use of a joint trench during franchisee's construction project. Such joint trench projects shall be negotiated in good faith by separate agreement between a franchisee and city, and may be subjected to other city rights-of-way requirements. The city further reserves, without limitation, the right to alter, change, or cause to be changed, the grading, installation, relocation or width of the public rights-of- way within the limits of the city and within said limits as the same may from time to time be altered.
(O) The city shall have the right to install and maintain free of charge upon any pole or in any conduit owned by a franchisee any wire or fixtures that do not interfere unreasonably with a franchisee's operations, and the city may be required to indemnify the franchisee, to the extent permitted by applicable law, for all claims arising out of the city's use of the franchisee's poles and conduits.
(P) To the extent that any person leases or otherwise uses facilities of a franchisee, such person shall make no claim, nor assert any right, which will impede the lawful exercise of the city's rights, including requiring the removal of such facilities from the public rights-of-way of the city, regardless of the effect on the person's ability to use the franchisee's facilities in public rights-of-way of the city.
(Ord. 1406, passed 5-15-02)