§ 92-41  Location and Relocation of Facilities in Public Highway.
   (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 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 highways.  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 public highways.  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.
   (C)   The provider shall keep accurate installation records of the location of all facilities in the public highways and furnish the installation records 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 public highways, the provider shall provide the city, if requested or as required, with installation records in a format compatible with the then-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 public highways, the work shall be completed within the time specified in the license, permit, or franchise, or if no time is specified then within a reasonable time.
   (E)   The installation, use, and maintenance of the provider's facilities within the public highways authorized herein shall be in such a manner as not to interfere with the city's placement, construction, use, and maintenance of its public highways, 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 city's 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 therefor and the provider shall pay those costs within 30 days after its receipt of the invoice.  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 provider located within the public highways of the city.
   (G)   All 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, except where those same poles are scheduled to be replaced with buried facilities.  The city may require the provider to prove that it has such permission from the owner to use the owner's facilities.  No new poles, or taller poles, will be permitted in the public highways for any new facilities, without the express written permission of the city.  If provider installs facilities on existing poles as provided herein, the provider shall bury its facilities when 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 public highways.
   (H)   Each provider must obtain and maintain such insurance, bonding, and security fund requirements as specified by the city, or if no specific requirements are designated, 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, when any insurance, bonding, or security fund requirements are not satisfied.
   (I)   A permit shall be obtained from the City Engineer prior to a provider 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. O98-02, passed 1-7-98; Ord. O2018-019, passed 8-1-18)