(A) General requirement. No provider shall receive a franchise unless it agrees to comply with each of the terms set forth in this section governing construction and technical requirements for its system, in addition to any other reasonable requirements or procedures specified by the city or the franchise, including requirements regarding locating and sharing in the cost of locating portions of the system with other systems or with city utilities. A provider shall obtain an excavation permit and/or street cut permit pursuant to the applicable ordinance before commencing any work in the rights-of-way.
(B) Quality. All work involved in the construction, maintenance, repair, upgrade, and removal of the system shall be performed in a safe, thorough, workmanlike, and reliable manner using materials of good and durable quality. If, at any time, it is determined by the FCC, or any other agency granted authority by federal law or the FCC to make such determination, that any part of the system, including, without limitation, any means used to distribute signals over, or within, the system, is harmful to the public health, safety or welfare, or quality of service or reliability, then a provider shall, at its own cost and expense, promptly correct all such conditions.
(C) Licenses and permits. A provider shall have the sole responsibility for diligently obtaining, at its own cost and expense, all permits, licenses, or other forms of approval or authorization necessary to construct, maintain, upgrade, or repair the system, including, but not limited to, any necessary approvals from persons and/or the city to use private property, easements, poles, and conduits. A provider shall obtain any required permit, license, approval, or authorization, including, but not limited to, excavation permits, pole attachment agreements, and the like, prior to the commencement of the activity for which the permit, license, approval, or authorization is required.
(D) Relocation of the system.
(1) New grades or lines. If the grades or lines of any rights-of-way are changed at any time in a manner affecting the system, then a provider shall comply with the requirements of the excavation ordinance.
(2) The city authority to move system in case of an emergency. The city may, at any time, in case of fire, disaster, or other emergency, as determined by the city in its reasonable discretion, cut or move any parts of the system and appurtenances on, over, or under the rights-of-way of the city, in which event the city shall not be liable therefor to a provider. The city shall notify a provider, in writing, prior to, if practicable, but in any event as soon as possible, and in no case later than the next business day following, any action taken under this section. Notice shall be given as provided in § 114.01(C).
(3) A provider required to temporarily move system for third party. A provider shall, upon prior reasonable written notice by the city or any person holding a permit to move any structure, and within the time that is reasonable under the circumstances, temporarily move any part of its system to permit the moving of said structure. A provider may impose a reasonable charge on any person other than the city for any such movement of its systems.
(4) Rights-of-way change; obligation to move system. When the city is changing a right-of-way and makes a written request, a provider is required to move or remove its system from the right-of-way, without cost to the city, to the extent provided in the excavation ordinance. This obligation does not apply to systems originally located on private property pursuant to a private easement, which property was later incorporated into the right-of-way, if that private easement grants a superior vested right. This obligation exists whether or not the provider has obtained an excavation permit.
(E) Protect structures. In connection with the construction, maintenance, repair, upgrade, or removal of the system, a provider shall, at its own cost and expense, protect any and all existing structures belonging to the city, including all landmarks as designated by the city or other authorized governmental agency, as well as all other structures within any designated landmark district. A provider shall obtain the prior written consent of the city to alter any water main, power facility, sewerage, or drainage system, or any other municipal structure on, over, or under the rights-of-way of the city required because of the presence of the system. Any such alteration shall be made by the city, or its designee, on a reimbursable basis. A provider agrees that it shall be liable for the costs incurred by the city to replace or repair, and restore to its prior condition, in a manner as may be reasonably specified by the city, any municipal structure or any other rights-of-way of the city involved in the construction, maintenance, repair, upgrade, or removal of the system that may become disturbed or damaged as a result of any work thereon by, or on behalf of, a provider pursuant to the franchise.
(F) No obstruction. In connection with the construction, maintenance, upgrade, repair, or removal of the system, a provider shall not unreasonably obstruct the rights-of-way of fixed guideway systems, railways, passenger travel, or other traffic to, from, or within the city without the prior consent of the appropriate authorities.
(G) Safety precautions. A provider shall, at its own cost and expense, undertake all necessary and appropriate efforts to prevent accidents at its work sites, including the placing and maintenance of proper guards, fences, barricades, security personnel, and suitable and sufficient lighting, and such other requirements prescribed by OSHA and State OSHA, or the functional successor equivalent, if any. A provider shall comply with all applicable federal, state, and local requirements including, but not limited to, the National Electric Safety Code.
(H) Repair. After written reasonable notice to the provider, unless, in the sole determination of the city, an eminent danger exists, any rights-of-way within the city which are disturbed or damaged during the construction, maintenance, or reconstruction by a provider of its system may be repaired by the city, at the provider’s expense, to a condition as good as that prevailing before such work was commenced. Upon doing so, the city shall submit to such a provider an itemized statement of the cost for repairing and restoring the rights-of-ways intruded upon. The provider shall, within 30 days after receipt of the statement, pay to the city the entire amount thereof.
(I) System maintenance. A provider shall:
(1) Install and maintain all parts of its system in a non-dangerous condition throughout the entire period of its franchise;
(2) Install and maintain its system in accordance with standard prudent engineering practices and shall conform, when applicable, with the National Electrical Safety Code and all applicable other federal, state, and local laws or regulations; and
(3) At all reasonable times, permit examination by any duly-authorized representative of the city of the system and its effect on the rights-of-way.
(J) Trimming of trees. A provider shall have the authority to trim trees, in accordance with all applicable utility restrictions, ordinances, and easement restrictions, upon and hanging over rights-of-way so as to prevent the branches of such trees from coming in contact with its system.
(Prior Code, § 13.10.060) (Ord. 11-98, passed 5-20-1998)