(a) In addition to the other requirements set forth herein, each Telecommunication and/or Utility and Special Permittee shall:
(1) Use its Best Efforts to cooperate with other Permittees and the City for the best, most efficient, most aesthetic and least obtrusive use of Rights-of-Way, consistent with the public safety, and to minimize traffic and other disruptions including street cuts. A Permittee shall not place location markers unless such markers are otherwise required by law.
(2) Participate in joint planning and advance notification of Right-of-Way work, excepting such work performed in Emergencies or other exigent circumstances.
(3) Cooperate with other Permittees 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 State or Federal law.
(4) Unless otherwise provided by law, upon written notice of, and at the direction of, the City Manager and at the Permittees' sole cost, promptly remove or rearrange facilities as necessary, including but not limited to times during any construction, repair or modification of any street, sidewalk, City utility or other governmental uses, or if additional or subsequent City or other public uses of Rights-of-Way are inconsistent with then current uses of Permittees or for any other reasonable cause as determined by the City Manager.
(5) All Persons granted a Permit on or after the effective date of this Chapter shall provide maps or other information in such form (including digital form) and at such times as the City may reasonably require. Said maps and information shall locate, describe and identify all structures and facilities of such Permittee, including pole attachments, above and in the Rights-of-Way.
(6) 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 Best Efforts to repair and replace any street, curb, or other portion of the Right-of-Way, or facilities or structures located therein, to a condition materially equivalent to this condition prior to such work, and to do so in a manner which minimizes inconvenience to the public, the City and other Permittees, all in accordance with all applicable regulations.
(7) Register with all appropriate underground reporting services.
(8) Unless otherwise set forth in a Permit, not enter into leases or other agreements for physical space in or on Permittee's facilities located within the Rights-of-Way without prior notice to the City Manager to include a general description of the uses to be made to the facilities.
(9) Designate a single point of contact for all activities related to the Permit in the City.
(10) Assure subcontractor compliance with all permit provisions.
(b) If requested by the City, in order to accomplish construction and maintenance activities directly related to improvements for the health, safety, and welfare of the public, a Permittee shall, unless otherwise prohibited by law, relocate or adjust its facilities within the Right- of-Way at no cost to the City, as long as such request similarly binds all users in or on such Right-of- Way. Such relocation or adjustment shall be completed in accordance with local law.
(Ord. 97-61. Passed 6-17-97; Ord. 2018-16. Passed 6-19-18.)