§ 71-104. Conditions on street occupancy.

(a)

All transmission and distribution structures, lines and equipment erected by the cable communications franchise grantee within the city shall be so located to cause minimum interference with the proper use of streets, alleys and other public ways and places and to cause minimum interference with the rights and appearance and reasonable convenience of property owners who own property adjoining any such streets, alleys or other public ways and places. A grantee in the performance and exercise of its rights and obligations under this chapter shall not interfere in any manner with the existence and operation of any and all public and private rights-of-way, sanitary sewers, water mains, storm drains, gas mains, poles, aerial and underground electrical and telephone wires, electroliers, cable television, rights of adjoining property owners, and other telecommunications, utility, or municipal property, without the express written approval of the owner or owners of the affected property or properties, except as permitted by applicable laws or this chapter. A 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 displacement, damage, or destruction of city or third party property to the extent caused by the grantee and shall pay such costs upon written demand within 30 days of receipt of such demand.

(b)

For disturbance of any street, sidewalk, alley, public way or paved area, a grantee shall, at the grantee's own cost and expense and in a manner approved by the director of public works or his designee, replace and restore such street, sidewalk, alley, public way or paved area in as good condition as before the work involving such disturbance was done.

(c)

A grantee shall remove, replace or modify, at the grantee's own expense, the installation of any of the grantee's facilities as may be deemed necessary by the city or other appropriate governmental authority; provided, however, that if the movement, replacement, or modification was solely for the benefit of a non-governmental entity, the grantee shall be entitled to payment from the benefitting non-governmental entity in an amount equal to the reasonable actual costs incurred by the grantee. Regardless of who bears the costs or when payment, if any, is received by a grantee, a grantee shall take action to remove or relocate the grantee's facilities at such times as are directed by the city or other governmental authority. Reasonable advance written notice shall be mailed to a grantee advising the grantee of the date removal or relocation is to be undertaken. For purposes of clarification and example and not limitation of the preceding sentence, a grantee, at its own cost and expense, shall relocate, in cooperation with the city commission and public works department, its facilities and equipment or any part thereof installed, used and maintained under this chapter if and when the city determines that the relocation is needed for any of the following purposes:

(1)

If required for the construction, completion, repair, relocation, or maintenance of a city project or public improvement; provided that if such project or improvement is for the purpose of providing cable, telecommunication, or information services which compete with cable, telecommunication, or information services provided on the grantee's system the party for whose benefit the relocation is required shall bear the costs of the relocation.

(2)

If grantee's equipment or any part is unreasonably interfering with the convenient, safe, or continuous use, or the maintenance, improvement, extension, redevelopment, or expansion, of any right-of-way;

(3)

If grantee's equipment is interfering with or adversely affecting proper operation of city-owned light poles, traffic signals, traffic conditions, or other municipal facilities or the facilities and operation of any other pre-existing user of a right-of-way, including but not limited to an entity providing utility service within the city;

(4)

If required for the repair, maintenance, or removal of sewers, drains, water pipes, utility and communication lines, transportation facilities, tracks, or any general program under which the city shall undertake to cause any such properties to be located beneath the surface of the ground and any other improvements by governmental agencies whether acting in a governmental or a proprietary capacity; or

(5)

If the relocation is necessary to protect or preserve the public health or safety.

If a grantee shall fail to relocate any portion of its facilities and equipment as requested by the city within a reasonable time under the circumstances in accordance with the foregoing provision, the city shall be entitled to relocate such portion of grantee's facilities and equipment at grantee's sole cost and expense, without further notice to grantee and grantee shall pay to the city such costs and expenses within 45 days after receipt of a demand by the city. Such costs include but are not limited to actual costs incurred by the city and the costs associated with city personnel for the time expended related to grantee's failure. Action taken pursuant to this section shall not be deemed a taking of the property of a grantee.

(d)

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

(e)

A grantee shall be responsible for damage to city street pavements, existing utilities, curbs, gutters, landscaping and sidewalks due to the grantee's installation, maintenance, repair or removal of its facilities and equipment. In case of any disturbance of pavement, sidewalks, driveways, or other surfacing, the grantee shall at its own expense and in a manner approved by the city, replace or restore such places so disturbed in as good or better condition as before said work was commenced, and shall maintain the restoration in a condition for the full period of one year, and if the grantee fails to do so upon ten days prior written notice from the city (except in the event of threat to the public safety in which case no notice need be provided), the city may undertake such restoration at the expense of the grantee.

(f)

If at any time, due to an emergency situation in the city, it shall become necessary in the reasonable judgment of the city to move any part of a grantee's facilities or equipment, the city shall immediately notify the grantee at the emergency notification number provided to the city for such purpose and the grantee shall respond with all possible dispatch to alleviate or remedy the situation. If at any time, the city should determine, in city's sole discretion, that a grantee is failing to act with reasonable dispatch to alleviate an emergency situation or that the public safety requires city to act to alleviate a dangerous condition without waiting for grantee action, city may at grantee's sole expense take such action as city, in city's sole discretion, deems necessary to alleviate the situation and secure the public safety.

(g)

The city shall not be required to assume any responsibility for securing any rights-of-way or easements, nor shall the city be responsible for securing any permits or agreements with other parties or utilities for the construction, installation, or maintenance of a grantee's cable system.

(h)

All installations in streets shall be performed in accordance with the state department of transportation's manual of uniform minimum standards for design, construction, or maintenance for streets and highways. In addition, a grantee shall 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's Utility Accommodation Guide, and such other design and regulatory manuals that regulate the installation of structures within public rights-of-way. The construction, installation, maintenance and removal of the grantee's facilities and communications system shall be accomplished without cost or expense to the city in such manner so as not to endanger persons or property or unreasonably interfere with the traveling public or other users of the public rights-of-way.

(Ord. No. 02-03, Art. IV(4), 2-28-02)