[R.O. 2011 §250.650; Ord. No. 2000-92 §2(8.1), 12-5-2000; Ord. No. 1578, 2-6-2018]
A.
The ROW-user's use of the rights-of-way shall in all matters be subordinate
to the City's use or occupation of the rights-of-way. Without limitations
of its rights, the City expressly reserves the rights to exercise
its governmental powers now and hereafter vested in or granted to
the City. In situations where multiple users are within the same location,
first the municipal use shall have priority followed by Persons with
a valid and current Rights-of-Way Use Agreement, Franchise, or other
authorization with the City, followed by all others. All ROW users
shall construct and maintain their facilities so as not to interfere
with other users of the rights-of-way.
B.
The ROW-users shall coordinate the placement of facilities in a manner
that minimizes adverse impact on any public improvement, as reasonably
determined by the City. Where placement is not regulated, the facilities
shall be placed with adequate clearance from such public improvements
so as not to impact or be impacted by such public improvements as
defined in the City's Design and Construction Manual. The design,
location, and nature of all facilities shall be subject to the review
and approval of the Administrator. Such review shall be on a non-discriminatory
basis in application of City policy and approvals shall not be unreasonably
withheld. City height limitations, applicable zoning restrictions,
and general City policies with regard to all users of the ROW shall
also be applicable to all facilities. For applications for towers
or other structures or equipment for wireless communications, the
most restrictive adjacent underlying zoning district classification
shall apply unless otherwise zoned and designated on the official
zoning map.
C.
No equipment or facilities that exceed thirty (30) inches in height
above ground level, except utility poles, shall be placed within the
sight distance areas of intersections as determined under the City's
sight distance standards and the most current edition of the Manual
of the American Association of State Highway and Transportation Officials.
Appropriate sight distances for such equipment or facilities related
to driveways, alleys, or other entrances onto streets other than at
intersections, shall be determined on a case-by-case basis by the
Administrator, in order to provide reasonably safe locations for such
equipment or facilities.
D.
The ROW user shall consider any request made by the City concerning
placement facilities in private easements in order to limit or eliminate
future street improvement relocation expenses.
E.
All facilities shall be located and laid so as not to disrupt, adversely
impact, or interfere with any pipes, drains, sewers, irrigation systems,
or other structures or public improvements already installed. In addition,
the ROW-user shall, in doing work in connection with its facilities,
avoid, so far as may be practicable, disrupting or interfering with
the lawful use of the streets, alleys, sidewalks, or other public
lands of the City.
F.
All facilities of the ROW-user shall be placed so that they do not
interfere with the use of rights-of-way and public lands, either existing
or proposed. The City, through its the Administrator, shall have the
right to consult and review the location, design, and nature of the
facility prior to installation. The City may, in its discretion, designate
certain locations or facilities in the rights-of-way to be excluded
from use by the ROW user, including, but not limited to, ornamental
or similar specially-designed street lights or other facilities or
locations which, in the reasonable judgment of the Administrator,
do not have electrical service adequate or appropriate for the provider's
facilities, or cannot safely bear the weight or wind loading thereof,
or any other facility or location that in the reasonable judgment
of the Administrator is incompatible with the proposed facilities,
or would be rendered unsafe or unstable by the installation.
G.
The ROW-user shall not interfere with the facilities of other ROW
users without their permission. If and when the City requires or negotiates
to have a ROW user cease using its existing poles and to relocate
its facilities underground, all other ROW users using the same poles
shall also relocate their facilities underground at the same time.
The cost of such relocations shall be borne in accordance with this
Chapter and the applicable tariff governing that ROW user.
H.
All facilities and other appurtenances laid, constructed, and maintained
by the permittee shall be laid, constructed and maintained in accordance
with acceptable engineering practice and in full accord with any and
all applicable engineering codes adopted or approved by the parties
and in accordance with applicable Statutes of the State, as well as
the rules and regulations of the commission or any other local, State,
or Federal agency jurisdiction over the parties.
I.
The ROW user shall cooperate promptly and fully with the City and
take all reasonable measures necessary to provide accurate and complete
on-site information regarding the nature and location of its facilities
within the rights-of-way, both underground and overhead, when requested
by the City or its authorized agent for a public improvement. Such
location and identification shall be at the sole expense of the ROW
user without any expense to the City, its employees, agents or authorized
contractors.
J.
It shall be the responsibility of the ROW user to take adequate measures
to protect and defend its facilities in the rights-of-way from harm
and damage.
K.
Limited Space. The City shall have the power to prohibit or limit
the placement of new or additional equipment within the right-of-way
if there is insufficient space to accommodate all of the requests
of potential ROW users. In making such decisions, the City shall strive
to the extent possible to accommodate all existing and potential users
of the right-of-way, but shall be guided primarily by considerations
of the public interest, public health and safety, the public's priority
needs for the particular utility service, the condition of the right-of-way,
the time of the year with respect to essential utilities, the protection
of existing equipment in the right-of-way, and future City plans for
public improvements and development projects which have been determined
to be in the public interest. The design and location of all equipment
and facilities shall be subject to the review and approval of the
City. To ensure that the right-of-way remains accessible for public
uses, to mimize visual obtrusiveness of equipment and facilities,
and allow for adequate City maintenance of the right-of-way, a new
utility pole and any new ground-mounted equipment associated with
the new utility pole shall not be installed within one hundred fifty
(150) feet of another utility pole or other ground-mounted equipment
on the same side of the right-of-way. Should a ROW user seek to replace
a utility pole, said replacement utility pole shall be sited within
ten (10) feet of the currently existing utility pole and shall not
be subject to the spacing requirements set forth in this Subsection.
The spacing requirement set forth in this Subsection may be waived
or altered by the City upon the ROW user establishing good cause as
to why said spacing requirement shall be waived or altered.
[Ord. No. 1637, 12-18-2018]
L.
Use Of Existing Facilities Required; Exceptions. All new facilities
or structures shall collocate on existing poles or within existing
conduit, trenches or other facilities to minimize unnecessary use
of right-of-way space, reduce potential existing or future interference
and obstructions and to reduce the cost to the public or others therefrom,
and to maximize the public's ability to use and license appropriate
private or public uses of the public rights-of-way in the public interest
(except where preempted by law or where good cause is established
as determined by the City applying these objectives.) Where existing
poles or facilities are available, or exist at or near the proposed
use, unless otherwise approved, the applicant must either use such
facilities or file a written request verified by the applicant for
exception specifying the specific reasons why such facilities are
not available or feasible to be used and addressing the objectives
hereof.
M.
ROW users may be required prior to any excavation or installation
within the rights-of-way, to provide sufficient notification and joint
installation opportunities on a shared cost basis to potential users
of the rights-of-way as may be provided for by separate City policy.
Such notifications and adopted policies shall be designed to maximize
collocation ROW users, to minimize the disturbance of the rights-of-way
and to maximize usable capacity.
N.
Wireless Antennas And Facilities.
1.
Pursuant to City authority, including by Section 67.1830(f),
RSMo., and to properly manage the limited space in the City's rights-of-way,
minimize obstructions and interference with the use of the rights-of-way
by the public, and to ensure public safety, preserve property values,
and enforce the public policy to maintain neutrality as to ownership
of wireless locations, while also seeking to facilitate delivery of
broadband technologies to City residents and businesses wireless facilities,
shall be permitted in the rights-of-way only in compliance with the
requirements applicable to other facilities and users in the rights-of-way,
and the additional requirements set forth in this Section for wireless
antennas and facilities. Any wireless facilities authorized in the
ROW shall be only as authorized in a binding approved ROW agreement,
pole attachment agreement, or other written authorization with the
City and subject to approval, denial, or condition relating to location,
design, height, appearance, safety, specifications for use of City
structures, and such zoning, building, or other regulations, including
specifically Chapter 166, except as may be limited by law.
2.
General Conditions. Any wireless facility in the ROW shall be
authorized only for entities that have a current and unexpired lawful
ROW agreement, franchise, or other written authorization with the
City as required by this Chapter and shall be subject to conditions
relating to the location (including prohibited or limited locations),
design, height, appearance, safety, radio-frequency, and other interference
issues as may be lawfully imposed by the City where necessary or appropriate
to protect the public, and to conform to policies and interests of
the public as may be set forth in special district plans, historic
areas, or other policies as may be reasonably adopted by the public
works the Administrator to address changing infrastructure, technology,
and uses of the rights-of-way and/or City facilities.
3.
"Fast-Track" Small Wireless Collocation. Small wireless facilities
meeting the requirements of a "Fast Track Small Wireless Facility"
set forth in the Zoning Code, may be authorized to be located in the
rights-of-way with approval of the Administrator subject to the following
additional requirements:
a.
Only one (1) small wireless facility shall be permitted per
structure in the rights-of-way;
b.
No ground equipment shall be authorized;
c.
No small wireless facility shall be located in a manner which
obstructs or causes a safety concern for vehicle or pedestrian traffic;
and
d.
If the proposed structure the applicant proposes to locate its
small wireless facility is not structurally sound, but the Administrator
finds such to be a desired location, the Administrator can require
the applicant to install a new substantially similar structure at
its cost.
4.
New Structures. Wireless facilities shall not be permitted in the rights-of-way on new structures, provided that if evidence warranting an exception is provided by the applicant pursuant to Section 250.570(L), the Board may grant an exception authorizing a new structure for a wireless facility if it also determines on a non-discriminatory basis such proposed application is in the public interest in light of the purposes of this Section and Chapter, and provided such use and location has received prior, separate zoning authorization as required by and in compliance with Chapter 166, to the extent permitted by law. In such circumstances where any small wireless facilities is permitted in the rights-of-way on a new structure, such uses shall be subject to reasonable regulations or conditions and including any applicable specifications, compensation, and other terms established by the City in such approval or agreements as necessary or appropriate to preserve the purposes of this Section and Chapter.
5.
All Other Wireless In ROW. Any wireless facility located on an existing structure but not meeting the requirements of Subsections (2) General conditions, or (3) "Fast Track" small wireless collocation above, may be approved, subject to conditions as may be imposed consistent with the purposes of this Section, only upon approval by the Board upon a determination by the Board that such wireless facility is: (1) in the public interest to provide a needed service to persons within the City, (2) cannot feasibly meet all of the requirements but varies from such requirements to the minimum extent necessary, (3) does not negatively impact appearance or property values in light of the location, design, and circumstances to be approved, (4) does not create any reasonable safety risk, and (5) complies with all zoning, ROW, and other applicable requirements.
6.
Wireless Facility Compensation. Compensation shall be as follows
unless otherwise lawfully provided for in the agreement authorizing
such use.
a.
If a wireless facility is to be located on a City owned structure,
a pole attachment agreement or other authorization shall be required
with terms including insurance, indemnification, and a monthly payment
of two hundred dollars ($200.00) per attachment or such other compensation
as may be lawfully provided for in such agreement;
b.
Pursuant to its authority under Section 67.1830(6)(f),
RSMo., and as may be authorized by Section 67.5094(11), RSMo.,
the ROW user wishing to install wireless facilities within the rights-of-way
shall also pay to the City, in addition to the fees herein, a one-time
administrative and zoning fee of five hundred dollars ($500.00) per
each wireless antenna installation to partly cover the City's costs
and risks of allowing installation of wireless facilities within the
rights-of-way.
7.
Application Requirements. Any application including one (1)
or more wireless antennas or facilities shall include all requirements
for: (1) installation of any facilities in the ROW as set forth in
this Chapter, (2) the requirements of this Section, and also include,
(3) requirements for installation of wireless antennas and facilities
set forth in the Uniform Wireless Communications Infrastructure Deployment
Act (Sections 67.5090 et seq., RSMo.) or other applicable law
including written proof of consent of landowner (copy of the ROW agreement)
and of structure owner (document authorizing use of the structure).
[R.O. 2011 §250.660; Ord. No. 2000-92 §2(8.2), 12-5-2000]
One (1) year after the passage of this Chapter, any facilities
found within a public way that has not been registered or for which
an agreement with the City is not in effect shall be deemed to be
a nuisance. The City may exercise any remedies or rights it has at
law or in equity including, but not limited to, abating the nuisance
or taking possession of the facility and restoring the public way
to a usable condition.
[R.O. 2011 §250.670; Ord. No. 2000-92 §2(8.3), 12-5-2000]
Each public ways use permittee shall maintain all of its facilities
in good and safe condition and in a manner that complies with all
applicable Federal, State and local requirements.
[R.O. 2011 §250.680; Ord. No. 2000-92 §2(8.4.1), 12-5-2000; Ord. No. 1578, 2-6-2018]
A.
The ROW user shall promptly remove, relocate or adjust, at its own
cost and expense, any facilities located within the rights-of-way
as directed by the City for a public improvement or when reasonably
required by the City by reason of public safety when such is required
by public necessity, or public convenience and security require it,
or such other findings in the public interest that may require relocation,
adjustment, or removal at the cost of the ROW user. Such removal,
relocation, or adjustment shall be performed by the ROW user at the
ROW user's sole expense without expense to the City, its employees,
agents, or authorized contractors and shall be specifically subject
to rules, regulations and schedules of the City pertaining to such.
ROW users shall proceed with relocations at due diligence upon notification
by the City to begin relocation.
B.
The ROW user shall promptly remove, relocate, or adjust any facilities
located in private easement subject to the following:
1.
The relocation is required as provided herein;
2.
The City has condemned, or the ROW user has disclaimed to the
City the portion of the private easement necessary for the public
improvement;
3.
The ROW user shall relocate the facilities into the expanded
rights-of-way at the City's direction or into any remaining portion
of the private easement not condemned by or disclaimed to the City;
and
C.
As soon as working drawings are available for public improvements
that will require the ROW user to relocate its facilities, the City
shall provide the ROW user with written notice of relocations and
the anticipated bid letting date of said improvement. The ROW user
shall respond with any conflicts and a proposed construction schedule
within thirty (30) days.
D.
Following notice by the City in the form of the delivery of final
design plans for such public improvements, the ROW user shall remove,
adjust, or relocate its facilities in accordance with the mutually
agreed upon schedule, provided the project is not delayed by adverse
weather conditions and other factors beyond the control of the ROW
user. ROW user shall certify to the City, in writing, that its facilities
have been relocated or adjusted to clear construction in accordance
with project plans provided by the City.
E.
Any damages suffered by the City, its agents or its contractors to
the extent caused by the ROW user's failure to timely relocate or
adjust such facilities, based on the above agreed to schedule, shall
be borne by the ROW user. Damages may include but be limited to:
F.
In the event the ROW user is required to move its facilities in accordance
with this Section, a rights-of-way permit will be required however
the permit fee shall be waived.
G.
It is the intent of this Section for both the City and the ROW user
to cooperate with one another so that the need for facility relocation
is minimized and, when required and feasible, relocations may be completed
prior to receipts of bids by the City for such public improvement.
H.
The ROW user shall upon request of any other person requesting relocation
of facilities and holding a validly issued building or moving permit
of the City, and within a reasonable period of time prior to the date
upon which said Person intends to exercise its rights under said permit,
thereupon temporarily raise, lower or relocate its wires or other
facilities as may be required for the person to exercise the rights
under the permit, and the ROW user may require such person to make
payment in advance for any expenses incurred by said ROW user pursuant
to said person's request.
[R.O. 2011 §250.690; Ord. No. 2000-92 §2(8.4.2), 12-5-2000]
Whenever a private party, including communication providers
and utility companies, requests a public ways use permittee to raise,
lower, remove, relay and/or relocate its facilities, public ways use
permittee shall not unreasonably refuse to raise, lower, remove, relay
and/or relocate those facilities. Unless otherwise required by law,
the private party, including communication providers and utility companies,
requesting the change shall bear the reasonable cost of raising, lowering,
removing, relocating and/or relaying the facilities and a public ways
use permittee may require the payment of a reasonable predetermined
cost for the requested action prior to commencing work.
A.
A ROW user owning abandoned facilities in the right-of-way must either:
1.
Remove its facilities and replace or restore any damage or disturbance
caused by the removal at its own expense. The Administrator may allow
underground facilities or portions thereof remain in place if the
Administrator determines that it is in the best interest of public
safety to do so. At such time, the City may take ownership and responsibility
of such abandoned facilities left in place; or
2.
Provide information satisfactory to the City that the ROW user's
obligations for its facilities in the rights-of-way have been lawfully
assumed by another authorized ROW user; or
3.
Submit to the City a proposal and instruments for transferring
ownership of its facilities to the City. If the ROW user proceeds
under this Subsection, the City may, at its option purchase the equipment,
require the ROW user, at its own expense, to remove it, or require
the ROW user to post a bond in an amount sufficient to reimburse the
City for reasonable anticipated costs to be incurred to remove the
facilities.
B.
Facilities of a ROW user who fails to comply with this Section, and
whose facilities remain unused for two (2) years, shall be deemed
to be abandoned after the City has made a good faith effort to contact
the ROW user, unless the City receives confirmation that the ROW user
intends to use the facilities. Abandoned facilities are deemed to
be a nuisance. The City may exercise any remedies or rights it has
at law or in equity, including but not limited to, (a) abating the
nuisance, (b) taking possession and ownership of the facility and
restoring it to a usable function, or (c) requiring the removal of
the facility by the ROW user.
[1]
Editor’s Note: Ord. No. 1578 also changed the title
of this Section from “Discontinued Operations” to “Unused
And Abandoned Facilities.”
[R.O. 2011 §250.710; Ord. No. 2000-92 §2(8.6), 12-5-2000]
A.
Within
thirty (30) days following written notice from the City, any person
that owns, controls or maintains any unauthorized facility or related
appurtenances within the public ways shall, at its own expense, remove
such facilities and/or appurtenances from the public ways. A facility
is unauthorized and subject to removal in the following circumstances:
1.
Upon expiration or termination of a public ways use permit.
2.
Upon abandonment of a facility within the public ways.
3.
Upon the City's exercise of the option set forth in Section 250.620(2)(b).
4.
If the facility was installed without the prior grant of a public
ways use permit.
5.
If the facility was installed without the prior issuance of a required
construction permit.
6.
If the facility was installed at a location not permitted by the
public ways use permit.
[R.O. 2011 §250.720; Ord. No. 2000-92 §2(8.7), 12-5-2000]
The City retains the right and privilege to cut or move any
facilities located within the public ways as the City may determine
to be necessary, appropriate or useful in response to any public health
or safety emergency.
[R.O. 2011 §250.730; Ord. No. 2000-92 §2(8.8), 12-5-2000]
A.
The
City shall not be liable for any damage to or loss of any facility
within the public ways as a result of or in connection with any public
works, public improvements, construction, excavation, grading, filling,
or work of any kind.
B.
When
the City does work within the public way and finds it necessary to
maintain, support or move a public ways use permittee's facilities,
the City shall notify the local representative as early as is reasonably
possible. The costs associated therewith will be billed to that public
ways use permittee and must be paid within thirty (30) days from the
date of billing.
C.
Each
public ways use permittee shall be responsible for the cost of repairing
any facilities within the public way which it or its facilities damage.
Each public ways use permittee shall be responsible for the cost of
repairing any damage to any other facilities caused during the City's
response to an emergency occasioned by that public ways use permittee's
facilities.
[R.O. 2011 §250.740; Ord. No. 2000-92 §2(8.9), 12-5-2000]
A.
A public
ways use permittee may, without prior City approval, offer or provide
conduit to its customers; provided that prior to entering into any
agreement:
[R.O. 2011 §250.750; Ord. No. 2000-92 §2(8.10), 12-5-2000; Ord. No. 1578, 2-6-2018]
Before a permit as herein provided is issued, the applicant
shall furnish to the City a certificate of insurance in a company
approved by the enforcement agency or the City, evidencing that such
applicant has a comprehensive general liability and property damage
insurance that includes contractual liability coverage with minimum
limits in no event less than the maximum amounts of liability set
forth in Section 537.610, RSMo., applicable to political subdivisions.
The policies of insurance shall be in such form and shall be issued
by such company or companies as may be satisfactory to the City. The
City, and such additional persons and entities as may be deemed to
have exposure to liability as a result of the performance of the excavation
work, as determined by the City, shall be named as additional insured
with full and equivalent coverage as the insured and with the duty
of defense on all insurance policies required hereunder. A certificate
of insurance providing compliance with this Section shall be submitted
to the City and shall include a provision that the insurance coverage
cannot be cancelled or not renewed without thirty (30) days advance
written notice to the City. If the person is self-insured, it shall
provide the City proof of compliance regarding its ability to self-insure
and proof of its ability to provide coverage in the above amounts.
Any self-insurance or deductible above fifty thousand dollars ($50,000.00)
must be declared to and pre-approved by the City. The insurance requirements
in this Section or otherwise shall not apply to any entity to the
extent and for such period during an agreement, franchise or permit
issued hereunder if such entity is exempted from such requirements
pursuant to Section 67.1830(6)(a), RSMo., and has on file with the
City Clerk an affidavit certifying that the entity has twenty-five
million dollars ($25,000,000.00) in net assets and is otherwise therefore
so exempted unless otherwise provided by agreement or franchise. The
City reserves the right to waive any and all requirements under this
Section when deemed to be in the public interest. Nothing herein shall
be deemed to waive the City's sovereign immunity.
[R.O. 2011 §250.760; Ord. No. 2000-92 §2(8.11), 12-5-2000]
Each public ways use permittee shall defend, indemnify and hold
the City and its officers, employees, agents and representatives harmless
from and against any and all damages, losses and expenses, including
reasonable attorney's fees and costs of suit or defense, arising out
of, resulting from or alleged to arise out of or resulting from any
and all acts, omissions or failure to act of public ways use permittee
or its respective affiliates, officers, employees, agents, contractors
or subcontractors in the construction, operation, maintenance, repair
or removal of facilities, and in providing or offering communications
service over the facilities or network, whether such acts or omissions
are authorized, allowed or prohibited by this Chapter or by any agreement
made or entered into pursuant to this Chapter.
A.
The permittee shall at all times during the term of the permit, and
for four (4) years thereafter, maintain a performance and maintenance
bond in a form approved by the City Counselor. The amount of the bond
will be five thousand dollars ($5,000.00) or the value of the restoration,
whichever is the greater, for a term consistent with the term of the
permit plus four (4) additional years, conditioned upon the permittee's
faithful performance of the provisions, terms and conditions conferred
by this Chapter. An annual bond in the amount of fifty thousand dollars
($50,000.00) automatically renewed yearly during the period shall
satisfy the requirements of this Section. In the event the City shall
exercise its rights to revoke the permit as granted herein, then the
City shall be entitled to recover under the terms of said bond, the
full amount of any loss occasioned. Permittee submitting bonds shall
comply with the following requirements:
1.
A copy of the maintenance and performance bond must be on file
with the City Clerk.
2.
No maintenance or performance bond will be required of any governmental
entity. Or of any residential property owner working in the rights-of-way
adjacent to his/her residence, who does not utilize a contractor to
perform the excavation. The bond requirement herein shall not apply
to an applicant who has on file with the City Clerk an affidavit certifying
that the applicant has twenty-five million dollars ($25,000,000.00)
in net assets and does not have a history of permitting non-compliance
within the City.
[1]
Editor’s Note: Ord. No. 1578 also changed the title
of this Section from “Performance and Construction Surety”
to “Bonding.”
[R.O. 2011 §250.771; Ord. No. 2000-92 §2(8.13), 12-5-2000]
Public ways use permittee shall not place, cause to be placed
or allow to be placed any sort of signs, advertisements or other extraneous
markings, whether relating to public ways use permittee or any other
person, on the public way, except such necessary minimal markings
as approved by the City as are reasonably necessary to identify the
facilities for service, repair, maintenance or emergency purposes,
or as may be otherwise required to be affixed by applicable law or
regulation.
[R.O. 2011 §250.772; Ord. No. 2000-92 §2(8.14), 12-5-2000]
In the attachment, installation, removal, reattachment, reinstallation,
relocation, replacement, maintenance, or otherwise of the facilities,
public ways use permittee and construction permittee shall neither
remove, cut, nor damage any trees in and along the streets, alleys
and public places of the City except as approved by the City. Tree
trimming and pruning may be permitted to occur only after prior written
notice to the City of the extent of trimming and pruning to be performed
and the prior written approval thereof by the City. The type and extent
of trimming and pruning shall be in accordance with the requirements
of the City.
[R.O. 2011 §250.773; Ord. No. 2000-92 §2(8.15), 12-5-2000]
As a condition of each grant, each public ways use permittee,
each construction permittee and each licensee is required to obtain
and is responsible for any and all necessary permit(s), license(s),
certification(s), grant(s), registration(s) and/or any other authorization(s)
required by any appropriate governmental entity, including, but not
limited to, the City, the FCC and/or the Missouri Public Service Commission,
subject to the right to challenge in good faith such requirements.
[R.O. 2011 §250.774; Ord. No. 2000-92 §2(8.16), 12-5-2000]
No person shall operate an open video system without payment
of fees permitted by 47 U.S.C. § 573(c)(2)(B) and without complying
with FCC regulations promulgated pursuant to 47 U.S.C. § 573,
and first obtaining all applicable permits, licenses and franchises
from the City.
[R.O. 2011 §250.775; Ord. No. 2000-92 §2(8.17), 12-5-2000]
All facilities shall be so located, constructed and maintained
as to cause minimum interference with the proper use of all public
ways and to cause minimum interference with the rights and reasonable
convenience of property owners who adjoin any of said public ways.
Except as may otherwise be provided, the public ways use permittee
and construction permittee shall reasonably notify all residents affected
by the proposed work prior to commencement of such work.
[R.O. 2011 §250.776; Ord. No. 2000-92 §2(8.18), 12-5-2000]
The City may in its discretion designate certain locations or
facilities in the public ways to be excluded from use for facilities,
including, but not limited to, ornamental or similar specially-designed
street lights, or safety or emergency facilities, or other facilities
or locations which in the reasonable judgment of the City Engineer
do not have electrical service adequate or appropriate for the facilities
or cannot safely bear the weight or wind loading thereof, or any other
facility or location that in the reasonable judgment of the City Engineer
is incompatible with the proposed facilities or would be rendered
unsafe or unstable by the installation. The City may further exclude
certain other facilities that have been designated or planned for
other use or are not otherwise available for use by public ways use
permittee due to engineering, technological, proprietary, legal, or
other limitations or restrictions as may be reasonably determined
by the City.
[R.O. 2011 §250.777; Ord. No. 2000-92 §2(8.19), 12-5-2000]
Within thirty (30) days of the end of each calendar quarter,
public ways use permittee shall notify the City of the name and address
of each reseller service provider for which permittee's facilities
in the public ways were used to carrying any reseller service provider
communications during such quarter.
