§ 70-206. Authority to use right-of-ways.

(a)

Prior to the installation, placement or removal of any conduits, cables or pole lines, or the start of any type of construction on the city's rights-of-way, the grantee shall, pursuant to the requirements of existing or subsequently enacted city ordinances, obtain all permits from, and pay all fees to, the city. Said permits shall set out the place, date and time where the conduits, cables or pole lines, or other form of construction, are to be installed, or removed or where the construction is to be conducted. All permit applications submitted by the grantee shall contain plans showing existing and proposed utility facilities and specifications prepared and approved by a qualified professional engineer registered in the state, and letter(s) of no conflict provided by other utilities having facilities located in the area or areas that the grantee desires to place conduits, cable, pole lines and/or any other facilities or to begin construction. The grantee will not assert the existence of any vested rights as to any other matter if the city issues a permit except to the extent that it is entitled to place its facilities as indicated by the permit. Further, issuance of a permit by the city shall not be construed by the grantee as a warranty that the placement by the grantee of its conduits, cables, pole lines and/or other facilities, or the start of construction, is in compliance with any applicable rules, regulations or laws or that there are no physical conflicts between the grantee's facilities and other facilities located on the city's rights-of-way.

(b)

Any type of construction proposed by the grantee shall be subject to the City Code and other rules, resolutions, regulations, policies and approvals required by the city engineer and public works director, of the city pertaining thereto, and shall be performed with the least possible interference with the use of the public rights-of-way and to adjoining property owners and in compliance with the rules and regulations of the state department of transportation.

(c)

Any conduits, cables, pole lines or other facilities installed or placed without first having obtained the permits hereinbefore provided for shall be removed within 30 days' written notice by the city to remove the same and in default of compliance with such notice, the conduits, cables or poles may be removed by order of the city manager and the cost of removal shall be borne and paid by the grantee, or in the event the city approves the placement of same after the fact, the grantee shall obtain all requisite permits therefor and pay all applicable penalties and fees.

(d)

The grantee shall maintain its telecommunications system so as not to interfere with other lawful uses of the public rights-of-way. To the extent possible, grantee shall make use of existing poles and other facilities available to the grantee. The grantee may erect additional poles or construct other facilities so long as all applicable permits and consents are obtained. The grantee shall use its best efforts to individually notify all adjacent property owners affected by the proposed construction prior to the commencement of that work. Such notification shall not be required for emergencies necessitating immediate repairs.

(e)

Notwithstanding the grant to use public right-of-ways, no public right-of-way shall be used by the grantee if the city, in its sole discretion, determines that such use is inconsistent with the terms, conditions or provisions by which the public right-of-way was created or dedicated or is being used.

(Ord. No. 99-46, § 1, 8-12-99)