Sec. 7D-1. Registration.
Sec. 7D-2. Location and relocation of facilities in rights-of-way.
Sec. 7D-3. Conflict with city projects.
Sec. 7D-4. Damage to city rights-of-way and facilities.
Sec. 7D-5. Relocation of facilities.
Sec. 7D-6. City police power; continuing jurisdiction.
Sec. 7D-7. Compliance required.
Providers must register with the city on a form prescribed by the city and must include the following information: (1) the provider's name, address and telephone number; (2) a description of the services to be provided; (3) description of the facilities used or provided by provider; and (4) a description of the location of the facilities. A provider shall file a proposed amendment to the registration before it makes any change that would render the registration information incomplete or inaccurate. A change of the provider's name or address must be filed at least sixty (60) days prior to the date the change becomes effective, a change in the telephone number must be filed ten (10) days before the change becomes effective; in the case of change in facilities (by addition, subtraction or modification or movement) the change in facilities must be filed at least sixty (60) days before work commences on the facilities unless the relocation was ordered by the city. In the case of a change in services, the change must be noticed thirty (30) days before the earlier of the date the service commences, or provider begins marketing the service.
(Ord. No. 8997, § 2, 12-8-97)
A. Each provider is responsible for ensuring that its facilities are installed, constructed and maintained in strict accordance with the City Code; that all required licenses, franchises and permits are applied for and obtained before any work commences; and that the terms and conditions thereof are strictly followed. Where a facility has more than one (1) provider, each provider is fully responsible for ensuring that all requirements are satisfied. Facilities shall be installed, constructed and maintained so that no additional costs are imposed upon the city, and so that the facility does not interfere with other uses or users of the public rights-of-way. Without limiting the requirement of any other provision of the City Code, or the provisions of any license, permit or franchise issued by the city, this shall require, at a minimum, compliance with the provisions of this chapter.
B. The facilities to be constructed, installed, operated, and maintained by the provider shall be so located or relocated as to interfere as little as possible with traffic or other authorized uses over, under, or through the rights-of-way. Those phases of construction relating to traffic control, backfilling, compaction, and paving, as well as the location or relocation of said facilities shall be subject to regulation by the city council of the city.
C. The provider shall keep accurate installation records of the location of all facilities in the rights-of-way and furnish them to the city upon request or at such periodic intervals as the city may require. Upon completion of new or relocation construction of underground facilities in the rights-of-way, the provider shall provide the city, if requested or as required, with installation records in a format compatible with the current city mapping format showing the location of the underground and above ground facilities.
D. Whenever the provider shall cause any opening or alteration whatever to be made for any purpose in any rights-of-way, the work shall be completed within a reasonable time, and the provider shall, without expense to the city and upon the completion of such work, restore the property disturbed in a manner consistent with the city's duly adopted standards, or as required by its permits, licenses, or franchises.
E. Subject to the further provisions of section 7D-3, the installation, use, and maintenance of the provider's facilities within the rights-of-way authorized herein shall be in such a manner as not to interfere with the city's placement, construction, use, and maintenance of its rights-of-way, street lighting, water pipes, drains, sewers, traffic signal systems, or other city systems that have been, or may be, installed, maintained, used or authorized by the city. Upon the city's request, provider's facilities will be relocated at provider's expense (unless state law expressly requires otherwise). Upon the cites request, by a time specified by the city. If the provider fails to move its facilities, the city may do so and will bill the provider the costs therefore. Further, the provider shall reimburse the city any additional cost the city incurs due to the location or relocation of the provider's facilities, including all design and construction costs.
F. The provider shall not install, maintain, or use any of its facilities in such a manner as to damage or interfere with facilities of another located within the rights-of-way of the city will relocate its facilities, if necessary, to accommodate another facility relocation.
G. All installation of facilities shall be installed per plans approved by the city. Provider may install facilities on existing utility poles or in existing conduit where permission is granted by owner of the utility pole or conduit, and such permission is verified by the city except where those same poles are scheduled to be replaced with buried facilities. No new poles, or longer poles, will be permitted in the rights-of-way for any new facilities. If provider installs facilities on existing poles as provided herein, the provider shall bury its facilities if such poles are removed and not replaced in kind for any reason. If the provider makes use of existing conduit of another provider, the provider shall be subject to the provisions of this chapter in the use of such conduit in the rights-of-way.
H. Each provider must obtain and must prove that it has obtained such insurance, bonding, and security fund requirements as specified by the city, or if no specific requirements are specified, as are required by the city for similar facilities. No work shall commence unless these requirements have been satisfied, and the city may require the provider to remove or stop work on facilities or require a provider to cease using the facility, by where insurance, bonding and security fund requirements are not satisfied.
I. A permit shall be obtained prior to removing, abandoning, relocating, or reconstructing, if necessary, any portion of a provider's facilities. Notwithstanding the foregoing, the city understands and acknowledges there may be instances when a provider is required to make repairs, in compliance with federal or state laws, that are of an emergency nature. The provider will notify the city prior to such repairs, if practicable, and will obtain the necessary permits in a reasonable time after notification.
(Ord. No. 8997, § 2, 12-8-97)
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