The grantee shall conform to all standards or requirements in federal, state, and local law or regulation in the operation of its Telecommunications System pursuant to this chapter. In addition to complying with all applicable law and regulations in state, federal, and local law, the grantee shall ensure:
(A) All working facilities and conditions used during construction, installation and maintenance of facilities (including clearance of wires and cables above the rights-of-way and placement of any underground facilities) shall comply with the standards of the Occupational Safety and Health Administration, the National Electric Safety Code, and the National Electric Code.
(B) All materials and equipment and apparatus used or installed in construction shall be of first-class quality, and any defect in the work, materials or equipment and apparatus, whether latent or patent, will be remedied by the grantee at its cost;
(C) Construction, reconstruction, maintenance, or removal of any facilities shall be performed with due regard for the rights of the city and others, and shall not unnecessarily interfere with, or in any way injure the property of the city or others under, on, or above the ground, or otherwise unduly interfere with the public use of the rights-of-way;
(D) Placement of lights, danger signals or warning signs shall be undertaken by the grantee in compliance with applicable law;
(E) Facilities shall be installed underground at any location where all other utilities’ facilities that are used to provide customer service are then being installed underground, or when otherwise required under the ordinances, and shall be in conformance with the applicable requirements of this chapter and those set forth in the code, the zoning ordinance, or any other applicable local law or regulation. The grantee assumes all responsibility for damage or injury resulting from its placement or maintenance of any above-ground facilities;
(F) With respect to any facilities and equipment and apparatus of grantee that are or have been installed aboveground in the rights-of-way, grantee may be required subsequently, in order to protect public safety, to bury those facilities which are capable of being placed underground at its expense subject to the provisions of this chapter and/or city ordinances, rules and regulations. Once grantee is permitted to install its facilities aboveground, the city may require grantee to bury its facilities in conformance with city ordinances, rules or regulations only on the condition that all utilities in the rights-of-way are also required to bury their facilities. The grantee may contract and agree with other affected utilities so that all costs for common trenching, common utility vaults and other costs not specifically attributable to the undergrounding of any particular facility are borne fairly and proportionately by all utilities involved in the underground project.
(G) Grantee shall identify all its facilities, new and existing, by tagging or marking its facilities with the grantee’s name and telephone number. Additionally, grantee shall provide the city annually with an electronic map (compatible with the city’s GIS system) which contains the location of all of its facilities;
(H) The city, through its City Manager or his/her designee, or through such assistants as the city may employ or designate, may, at all times and under reasonable conditions with prior notice, have reasonable access to all or any of the property or used in part or in whole by the grantee in its operating and maintaining the telecommunications system under this chapter and located within the rights-of-way;
(I) The grantee shall provide the city and/ or its Board of Commissioners with information pertaining to its provision of telecommunications services pursuant to this chapter upon reasonable request. This shall include, but is not necessarily limited to, attending public meeting(s) at which some or all of the Board of Commissioners members are in attendance (in order to provide such information upon reasonable advance notice) and providing an annual update to the Board of Commissioners upon its request;
(J) Facilities of the telecommunications system shall be concealed or enclosed as much as possible in a box, cabinet, or other unit that may include ventilation openings. External cables and wires hanging off poles, towers, or support structure shall be sheathed or enclosed in a conduit, so that wires are protected and not visible or visually minimized to the extent possible. All such equipment and apparatus, boxes, cabinets and units shall be painted and maintained to prevent any deterioration, degradation or rusting of such equipment and apparatus, boxes, cabinets and units. Failure of grantee to comply with this section, after a 30 day right-to-cure period, shall constitute an event of default;
(K) As soon as practical, but not later than five days from the date grantee receives notice thereof, grantee shall remove all graffiti on any of its telecommunications system, facilities, poles, towers, or support structures and related equipment and apparatus located in the rights-of-way. In the event grantee does not remove the graffiti within the time period specified in this section or should the city deem any graffiti to be overtly offensive or obscene and reasonable discretion dictates its immediate removal, then the city may remove or cause the graffiti to be removed promptly at the reasonable cost and expense of grantee. Grantee shall reimburse the city within 30 days of billing by the city accompanied by an itemized statement of the city’s reasonable costs. Any removal of graffiti effected by painting over the graffiti shall be done with the same color and type of paint as is on the telecommunications system, facilities, poles, towers, or support structures or related equipment and apparatus. The foregoing shall not relieve grantee from complying with any city graffiti or visual blight ordinance or regulation.
(L) If at any time the city or other agency or authority of competent jurisdiction determines that any work being done in the rights-of-way by grantee or its contractors presents a danger to the public health, safety or welfare, the city may require grantee to cease and desist all work until grantee and/or its contractors, at its or their own expense, take the necessary corrective action. Should the city have to correct any condition, the city shall bill the grantee for the actual cost of such correction and the grantee shall promptly reimburse the city for its actual costs. If the grantee fails to promptly reimburse the city, the city may take whatever actions necessary to enforce this chapter or grantee’s franchise awarded pursuant to this chapter, including revoking grantee’s franchise.
(M) Grantee shall not allow or install power generators or back-up generators in the rights-of-way without the express written consent of the city.
(N) Grantee shall not erect or authorize or permit others on its behalf to erect any pole, towers, support structures except when absolutely necessary to provide telecommunication service. Poles, towers, support structures may not be erected by the grantee when other poles, towers, support structures are available on reasonable terms and conditions. Terms and condition which comply with applicable state and/or federal regulations shall be deemed reasonable. No poles, towers, or support structures shall be erected by the grantee without prior approval of the city with regard to need, location, height, type, and any other pertinent aspect. However, no location of and poles, towers, or support structures of the grantee shall be a vested interest and such poles, towers, or support structures shall be removed or modified by the grantee at its own expense whenever the city determines that the public health, welfare and/or safety would be enhanced thereby.
(O) Where poles, towers, or support structures already existing for use in serving the city are available for use by the grantee on reasonable terms and conditions, but it does not make arrangements for such use, the government may require the grantee to use such poles, towers, or support structures for reasonable and proper consideration consistent with applicable law or place its facilities underground if it determines that the public health, welfare and/or safety would be enhanced thereby and if such use would not unduly interfere with grantee’s operations.
(P) It is the policy of the city to encourage shared use of telecommunications and other utility facilities by grantees whenever practicable or feasible. Accordingly, grantee shall make available and grant permission to other grantees of the rights-of-way the right to utilize grantee’s poles, towers, support structures, conduit, conduit system, duct, pipe or other facilities for the purpose of attaching or locating thereon or therein any cable, wire, fiber optic lines, equipment and apparatus or other facilities of such grantees; provided, however, that such utilization, attachment or location is practicable or feasible and provided, the other person enters grantee’s standard agreement, the terms and pricing provisions of which shall be in accordance with federal and state laws and regulations.
(Q) The city may require grantee to relocate its telecommunications system, facilities, poles, towers, support structures and related equipment and apparatus at the expense of grantee: (i) in order to allow the city to make any public use of or improvements to the rights-of-way; (ii) as made necessary due to a change in grade or other change in the rights-of-way made by the city; (iii) as a result of traffic conditions or public safety or the widening or reconfiguring streets, highways or lanes; (iv) as a result of the construction or installation of any public structure or public improvement by the city, the state or other public agency or district; or (v) in connection with any decision or action by the city to abandon or vacate rights-of-way. Nothing in this chapter or the franchise granted pursuant hereto shall abrogate the right of the city, or any governmental authority, to perform or carry out any public works or public improvements of any description, provided that the city shall comply with the provisions of the Telecommunications Act. The city shall not be liable for lost revenues sustained by grantee, however caused, because of damage to, modification, alteration, or destruction of grantee’s facilities in the rights-of-way or from the construction, installation, operation, and/ or maintenance of city facilities, structures and/or the rights-of-way.
(1) The city shall provide 30 days’ prior written notice of the necessary relocation. Grantee shall have at least 30 days to complete the relocation.
(2) If grantee fails to complete the work within the time allotted by the city, the city or other public agency or district may perform the work at the expense of grantee.
(3) In the event grantee refuses or neglects to alter or relocate its telecommunications system, facilities, poles, towers, support structures or related equipment and apparatus in a timely fashion, the city or other public agency shall have the right to break through, remove, alter or relocate such facilities, equipment and apparatus, poles, towers, or support structures as necessary without any damages or liability owing to grantee, and grantee shall pay to the city the costs incurred in connection with such breaking through, removal, alteration or relocation. Grantee shall pay to the city, within 30 days of billing accompanied by an itemized statement, the actual costs incurred by the city in connection with its relocation, removal and/or alteration of grantee’s telecommunications system, facilities, poles, towers, support structures and/or related equipment and apparatus.
(4) In cases of emergency, the city shall notify grantee promptly upon learning of the emergency and the city may take necessary action to remediate the emergency situation, exercising reasonable efforts to avoid an interruption of grantee’s service. In cases of emergency, the city may cut, remove, or relocate the grantee’s telecommunications system, facilities, poles, towers, support structures, and related equipment and apparatus immediately at grantee’s expense without notice to grantee, provided that the city shall undertake efforts to notify grantee as soon as practicable after any remediation is complete. Grantee shall bear all costs of reinstallation, repair or other costs arising out of the emergency cutting, removal or relocation. All costs incurred by the city in cutting, removing or relocating such facilities, poles, towers, or support structures, and equipment and apparatus shall be paid by grantee within 30 days of billing accompanied by an itemized statement by the city.
(Ord. 22-08, passed 4-12-22)