(A) The permittee’s use of the right-of-way shall in all matters be subordinate to the city’s use or occupation of the right-of-way. Without limitation of its rights, the city expressly reserves the right to exercise its governmental powers now and hereafter vested in or granted to the city.
(B) The permittee shall coordinate the placement of facilities in a manner which minimizes adverse impact on any public improvement, as reasonably determined by the city.
(C) The permittee shall consider any request made by the city concerning placement of facilities in private easements in order to limit or eliminate future street improvement relocation expenses.
(D) All facilities shall be located and laid so as not to disrupt or interfere with any pipes, drains, sewers, irrigation systems, or other structures or public improvements already installed. In addition, the permittee shall, in doing work in connection with its facilities, avoid, so far as may be practicable, disrupting or interfering with the lawful use of the streets, alleys, sidewalks or other public lands of the city.
(E) All facilities of the permittee shall be placed so that they do not interfere with the use of right- of-way and public lands. The city, through its Public Works Director, shall have the right to consult and review the location, design and nature of the facility prior to its being installed.
(F) Whenever reasonably possible, all newly constructed facilities shall be located underground. The permittee shall comply with all requirements of the city relating to underground facilities.
(G) The permittee shall not interfere with the facilities of the other right-of-way users without their permission. If and when the city requires or negotiates to have a service provider cease using its existing poles and to relocate its facilities underground, all other service providers using the same poles shall also relocate their facilities underground at the same time.
(H) The Public Works Director may assign specific corridors within the right-of-way, or any particular segment thereof as may be necessary, for each type of facility that is currently or, pursuant to current technology, the Public Works Director expects will someday be located within the right-of- way. All right-of-way permits issued by Public Works Director shall indicate the proper corridor for the right-of-way user’s facilities. Any right-of-way user whose facilities are currently in the right-of-way in a position at a variance with the designated corridors shall, no later than at the time of next reconstruction or excavation of the area where its facilities are located, move the facilities to its assigned position within the right-of-way, unless this requirement is waived by Public Works Director for good cause shown, upon consideration of such factors as the remaining economic life of the facilities, public safety, user service needs and hardship to the right-of-way user.
(I) All earth, materials, sidewalks, paving, crossings, utilities, other public improvements or improvements of any kind damaged or removed by the permittee shall be fully repaired or replaced promptly by the permittee at its sole expense and to the reasonable satisfaction of the city. Upon determination by the Public Works Director that such repair or replacement is a public safety matter, all such repair or replacement shall be commenced within 24 hours of notice from the city, or the Public Works Director may direct the city to make such repair or replacement and bill the permittee for the city cost. The Public Works Director has the authority to inspect the repair or replacement of the damage, and if necessary, to require the permittee to do any necessary additional work at the permittee’s expense.
(J) All technical standards governing construction, reconstruction, installation, operation, testing, use, maintenance, and dismantling of a permittee’s facilities in the right-of-way shall be in accordance with applicable federal, state and local law and regulations, including those promulgated by national trade associations commonly associated with the service provided by the permittee. It is understood that the standards established in this paragraph are minimum standards and the requirements established or referenced in this chapter may be in addition to or stricter than such minimum standards. A permittee shall not construct or reconstruct any of its facilities located upon, over, under or within the city right-of- way without first having submitted in writing a description of its planned improvement to the Public Works Director and having received a permit for such improvement. The Public Works Director may require that any drawings, plans and/or specifications submitted be certified by a registered professional engineer stating that such drawings, plans and/or specifications comply with all applicable technical codes, rules and regulations, unless such plans are based directly on nationally recognized codes, which are appropriately cited, and attested to on the plans by the signature of an authorized official of the organization applying for the permit.
(K) The permittee shall cooperate promptly and fully with the city and take all reasonable measures necessary to provide accurate and complete on-site information regarding the nature and horizontal and vertical location of its facilities located within the right-of-way, both underground and overhead, when requested by the city or its authorized agent for a public improvement. Such location and identification shall be at the sole expense of the permittee without any expense to the city, its employees, agents, or authorized contractors.
(Ord. 5-08, passed 3-3-08) Penalty, see § 54.99