§ 70-207. Conditions of public right-of-way occupancy.

(a)

All facilities, structures, lines and equipment erected by the grantee within the rights-of-way of the city shall be so located as to cause minimum interference with the proper use of streets, alley and other public rights-of-way and places and to cause minimum interference with the rights and reasonable convenience of property owners who own property adjoining any such streets, alleys or other public ways and places.

(b)

The grantee shall not in any way displace, damage or destroy any sewer, water main, pipe or any other facilities belonging to the city, or to any third party who placed or maintains such facilities therein by express authority of the city, without the consent of the city, and the grantee shall be liable to the city or to the third party owner, as the case may be, for the cost of any repairs made necessary by any such displacement, damage or destruction and shall pay such costs upon written demand within 30 days of grantee's receipt of such demand.

(c)

The grantee shall, at its own cost, replace and repair without delay any improvements, facilities or city rights-of-way that have been excavated, broken, removed, displaced, damaged or disarranged by the grantee in the conduct of its construction, maintenance and operation of any portion of the telecommunications system, or as a result of the deterioration of any portion of the telecommunications system, and restore the same to as good a condition as it existed prior to the grantee commencing its work, and upon failure of the grantee to do so after 20 days' written notice by the city's department of public works or the city engineer of such failure, the city may make such repairs and replacements as its deems necessary, and the grantee shall pay the city all costs of such repairs and replacements. The grantee, shall to the satisfaction of the city's engineer or public works director, maintain any repairs its makes pursuant to this section for a period of one year following the date of such repair.

(d)

The grantee shall use all property and reasonable care in connection with any work which it may do in, over, under and across any public rights-of-way of the city in seeking to prevent harm, damage or injury to persons or property therefrom.

(e)

The grantee shall produce and maintain a complete set of "as built" plans, including, but not limited to, horizontal and vertical profiles, within 30 days after construction of any portion of its telecommunications system; comply with all applicable laws, regulations and codes promulgated for the protection of the public, including, but not limited to, the National Electric Code, the National Electric Safety Code, the Florida Department of Transportation Utilities Accommodation Guide, the State of Florida Manual of Uniform Minimum Standards for Design Construction and Maintenance for Streets and Highways, and such other design or regulatory manuals that regulate the installation of structures within public rights-of-way; make said plans available to the city within 45 days after construction of any portion of its telecommunications system; and become a member of and maintain membership in a utility notification one call system.

(f)

In the event the city requires the grantee to adapt or conform any portion of its telecommunications system, or in any way to alter, temporarily or permanently relocate or to change any portion of same, to expand the city's right-of-way, or to enable another person to use the public rights-of-way of the city, the grantee shall be reimbursed by the person desiring or occasioning such change for any loss, cost or expense caused by or arising out of such change, alteration or relocation of any portion of the grantee's telecommunications system.

(g)

In an emergency, as determined by the city, when the grantee or its representative is immediately unavailable or unable to provide the necessary immediate repairs to any portion of the grantee's telecommunications system that is damaged or malfunctioning or to any faults or settles or sunken areas that may develop in any area over, around or adjacent to same, the city when apprised of such an emergency, shall have the right to make the repairs to protect the public health, safety and welfare, with the total cost of same being charged to, and paid by, the grantee.

(h)

In an effort to minimize the number of facilities within the city's rights-of-way, the disruption of traffic and roadway destruction, the grantee shall attempt in good faith to reach and enter into joint use agreements with the city and other parties who are expressly authorized by the city to use its rights-of-way. Nothing herein contained shall mandate that the grantee enter into joint use agreements.

(i)

In the event that work to be conducted by the grantee requires streets or traffic lanes to be closed or obstructed, the grantee shall, pursuant to the requirements of existing or subsequently enacted city ordinances, obtain all permits from and pay all fees therefor to the city, and shall obtain approval of its maintenance-of-traffic plan from the city's police and public works departments.

(j)

In the event the grantee deems the trimming and removal of any trees reasonably necessary to construct any portion of its telecommunications system and to maintain the integrity and safety of same it shall, pursuant to the requirements of existing and subsequently enacted city ordinances, at grantee's expense; obtain all approvals and applicable permits from, and pay all applicable fees to, the city, and comply with all other requirements of said ordinances. All tree trimming shall be done in accord with the standards of the Florida Urban Forestry Council and/or American Society of Landscape Architects except where following such standards would violate applicable federal or state safety codes.

(k)

In the event grantee's work requires the temporary obstruction of city owned parking spaces, grantee shall obtain city approval to block such spaces prior to doing so.

(l)

Whenever, in case of fire or other disaster, it becomes necessary, in the reasonable judgment of the city, to remove or damage any of the grantee's facilities, no charge shall be made by grantee against the city for restoration and repair reasonably necessary under the circumstances. The city shall endeavor to avoid or limit damage to the extent necessary under the circumstances.

(Ord. No. 99-46, § 1, 8-12-99)