(A) In addition to the other requirements set forth herein each franchise, general and special permittee shall:
(1) Locate its improvements within the right-of-way in a manner which attempts to anticipate and preserve available space for future use by the municipality or other permittee;
(2) Use its best efforts to cooperate with other permittee and the municipality for the best, most efficient, most aesthetic, and least obtrusive use of rights-of-way;
(3) Participate in such joint planning and advance notification of right-of-way work, excepting such work performed in emergencies or other exigent circumstances, as required by this subchapter and as may be more specifically set forth in the regulations;
(4) Cooperate with other nonresidential permittee in utilization of, construction in, and occupancy of private rights-of-way, but only to the extent the same is not inconsistent with the grant thereof or is not additionally burdensome to any property owner;
(5) Upon written notice of, and at the direction of, the Director and at the permittee’s sole cost, promptly remove or rearrange facilities as necessary, such as, during any construction, repair, or modification of any street, sidewalk, municipal utility, or other public improvement, or if additional or subsequent municipal or other public uses of rights-of-way are inconsistent with then current uses of permittee or for any other reasonable cause as determined by the Director;
(6) Provide maps or other information identifying any changes since the most recent, previous plans, maps, or description, in such form and at such times, no less than annually, as the regulations require. The maps and information shall locate, describe, and identify all uses, structures, and facilities of such permittee, of and in the rights-of-way;
(7) Perform all work, construction, maintenance, or removal of structures and facilities within the right-of-way in accordance with good engineering and construction practice including any appropriate safety codes and in accordance with the regulations and use best efforts to repair and replace any street, curb or other portion of the right-of-way, or facilities or structure located therein, to a condition materially equivalent to its condition prior to such work and to do so in a manner which minimizes any in accommodation to the public, the municipality, and other permittee, all in accordance with the regulations;
(8) Register with all appropriate underground reporting services; and
(9) Not, unless otherwise set forth in a permit and without municipality’s prior written approval, enter into leases or other agreements for the use of such permittee’s facilities located within the rights-of-way. All such leases or agreements shall be filed with the Director.
(B) Each permittee shall assure that any subcontractors or others performing any work or services in the right-of-way on behalf of the permittee comply with all applicable provisions of this subchapter and the permittee shall be responsible and liable hereunder for all actions of any such subcontractor or others as if the permittee had performed or failed to perform any such obligation.
(Ord. 97-105, passed 2-3-1997) Penalty, see § 94.999