2001-009 Ordinance - Laserfiche WebLink

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CHAPTER 930: Use of Public Rights of Way Facilities underground. Absent extraordinary circumstances or undue hardship as determined by the Service Director, such relocation shall be made concurrently to minimize the disruption of the Public Ways and shall be carried out at the Permit Holder's expense. (5) The City reserve the right to require a Permit Holder to provide excess capacity in the Public Way at the time of construction, reconstruction, installation, location or relocation of Facilities. (e) Construction Permits: Prior to commencing any construction, reconstruction, installation, maintenance or repair of Facilities or any Excavation of the Public Ways, all Use Permit Holders are required to obtain construction permits from the City Engineer for Facilities as required in Section 930.12 of this Ordinance; provided that, any Service Provider who began constructing or installing Facilities or any Excavation of Public Ways prior to the effective date of this Ordinance shall have ninety (90) days to apply for a construction permit for such construction, reconstruction, installation, maintenance, repair or Excavation. (fl Compensation to the City: The City reserves the right in the future to require reasonable compensation from existing and future Service Providers for the use of its Public Ways by an ordinance of City Council. (g) Service Within the City: An Outside Services Use Permit Holder may be permitted to offer or provide Services to Persons or areas within the City upon submitting a new application for approval of an Inside Services Use Permit. (h) Nondiscrimination: An Inside Services Use Permit Holder shall make its Services available to any customer within the designated service area who shall request such Service, without discrimination as to the terms, conditions, rates or charges for the Permit Holder's Services; provided, however, that nothing in this Section shall prohibit a Permit Holder from making any reasonable classifications among differently situated customers. (i) Service to the City, schools, libraries and health care providers: An Inside Services Use Permit Holder providing telecommunications or cable television Services shall make its telecommunications or cable television Services available to the City, schools, libraries and health care providers at its most favorable rate. (j) Interference with the Public Ways: No Use Permit Holder may locate or maintain its Facilities so as to unreasonably interfere with the use of the Public Ways by the City, by the general public or by other Persons authorized to use or be present in or upon the Public Ways. All such Facilities shall be moved by the Pernut Holder, temporarily or permanently, as determined by the Service Director. (k) Damage to Property: No Use Permit Holder nor any Person acting on the Permit Holder's behalf shall take any action or permit any action to be done which may impair or damage any City Property, Public Ways, Other Ways or other property located in, on or adjacent thereto. (1) Notice of Work: EXCept as provided in Section 930.11, Subsection (m), no Use Permit Holder, nor any Person acting on the Permit Holder's behalf, shall commence EXHIBIT A