(a) If the location or proposed location of any element of a public or private Utility System is in a public Right of Way, then the consent of the City, evidenced by the issuance by the City of a Revocable Street Privilege Permit in accordance with Section 1028.32 of this chapter must be obtained by that Utility Service Provider before the construction, installation, demolition or removal of any element of the Utility System is permitted or any excavation by that Utility Service Provider in the public Right of Way is permitted.
(b) The provider must keep all the information required in the application by the City current.
(c) When requested by the City, a public or private Utility Service Provider, with a Utility System element located or proposed to be located in a public Right of Way in the City, must meet with the City to co-ordinate future plans for the public Right of Way between the Utility Service Provider and the City.
(d) A Utility Service Provider with any Utility System element located or proposed to be located in a Right of Way in the City must provide the City with up-to-date accurate plans in sufficient detail and in a format acceptable to the City showing the location of all elements of the Utility System located in the Right of Way in the City. The City Engineer may in the future adopt specifications and further define the mapping data requirement(s) under this Section. In each instance a Utility Service Provider shall be served with a copy of the specifications by regular U.S. Mail provided, however, that failure to actually receive such notice shall not in any way affect the validity or enforceability of said specifications.
(e) In addition to a Certificate of Registration, providers shall obtain any and all regulatory approvals, permits, authorizations, or licenses necessary for the offering or provision of such services from the appropriate Federal, State and local authorities and, upon the City's reasonable request, shall provide copies of such documents to the City.
(f) A Certificate of Registration issued pursuant to this chapter shall not entitle a provider to use, alter, convert to, or interfere with, the facilities, easements, poles, conduits, lines, pipelines, wires, fiber, cable, or any other real or personal property of any kind whatsoever under the management or control of the City.
(g) A Certificate of Registration shall not convey equitable or legal title in the Right of Way. A Certificate of Registration is only the nonexclusive, limited right to occupy Right of Way in the City for the limited purpose and for the limited period stated in the Certificate of Registration and in accordance with this chapter and any associated permit. For those providers with a valid gas or electric franchise, the provisions of a Certificate of Registration shall be deemed as regulatory in nature and shall not be interpreted to limit the right to occupy the Right of Way which may have been granted by such franchise. The rights to occupy the Right of Way itself may not be subdivided or subleased, provided, however, that two or more providers may collocate facilities in the same area of the Right of Way so long as each such provider complies with the provisions of this chapter. A Certificate of Registration does not excuse a provider from obtaining appropriate access or pole attachment agreements before collocating its facilities on facilities of others, including the City's facilities. A Certificate of Registration does not prevent a provider from leasing space in or on the provider's system, so long as the sharing of facilities does not cause a violation of law, including the provisions of this chapter. A Certificate of Registration does not excuse a provider from complying with any provisions of this chapter and other applicable law.
(h) A Utility Service Provider with any Utility System Elements located in a Right of Way shall maintain such Elements, including but not limited to repainting over any graffiti.
(Ord. 08-22. Passed 7-3-08.)