59-16 Enact Ch 904 Use of Public Right of Way by Service Providers

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mation current at all times and shall provide the City with notice of changes to the required information within fifteen (15) days following the date on which the Service Provider has notice of the need for such change. (g) Registration Fee. Each Service Provider shall reimburse the City for its administrative costs related to maintaining annual registration and such re- imbursement may be in the form of a registration fee or as provided in Sec- tion 904.08, as may be determined by the City. 904.04 GENERAL PUBLIC RIGHT -OF -WAY USE REGULATIONS. (a) Rights Conveyed. Consent granted to or initially presumed of a Service Provider to Occupy or Use the Right -of -Way under Section 904.02: (1) shall be limited to a grant to Occupy or Use the specific Right -of -Way and defined portions thereof including the specific System or Facilities and location along the Right -of -Way; (2) shall not confer any exclusive right, privilege, license or franchise to Occupy or Use the Right -of -Way of the City to operate a System for delivery of Services or any other purposes; and (3) shall not convey any right, title or interest in the Right -of -Way, but shall be deemed consent only to Occupy or Use the Right -of -Way for the limited purposes granted by the consent. Further, no consent shall be construed as any warranty of title. (b) Nondiscrimination. A Public Service Provider providing Service to the public in the City shall make its Services available to any customer within the designated service area who shall request such Service, without discrim- ination as to the terms, conditions, rates or charges for the Public Service Provider's Services; provided, however, that nothing in this Section 904.04(b) shall prohibit a Public Service Provider from making any reason- able classifications among differently- situated customers. (c) Maintenance of Facilities Landscaping and Other Aesthetic Requirements. Each Service Provider shall maintain its System or Facilities in good and safe condition and in a manner that complies with all applicable federal, State and local requirements. A Service Provider with a Construction Permit that includes a landscaping, screening or other aesthetic requirement in con- nection with the placement of any structure or item above the ground in the Right -of -Way, shall maintain the landscaping, screening or other aesthetic requirement, on a continuing basis, in the manner specified in the Construc- tion Permit or other manner as approved in writing by the Director. (d) Safety Procedures. A Service Provider or other Person acting on its behalf shall use suitable barricades, flags, flagmen, lights, flares and other measures as necessary and in accordance with applicable State and local re- quirements for the safety of all members of the general public and to pre- vent injury or damage to any Person, vehicle or property by reason of such work in or affecting such Public Right -of -Way or property. (e) Interference with the Public Rights -of -Way. No Service Provider may lo- cate or maintain its Facilities so as to unreasonably interfere with the use of the Public Right -of -Way by the City, by the general public or by other Per- sons authorized to use or be present in or upon the Public Right -of -Way. (02299394 - 1)