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The following conditions apply to each license or franchise granted hereunder:

A. Area and Location. As part of the construction permitting process for specific routes requested within each license or telecommunications or cable franchise, a determination will be made whether sufficient capacity is available in the rights of way. Alternate routes or locations for the proposed facilities may be considered if feasible.

1. License Route. A license granted hereunder shall be limited to a grant of specific rights of way and defined portions thereof, as may be indicated in the license agreement.

2. Franchise Territory. A telecommunications or cable franchise granted hereunder shall encompass all territory within the corporate limits.

3. Facilities Maps. Upon request by the director, the grantee shall provide the city with maps in a format agreed to by the grantee and the city, identifying the location of all telecommunications and cable facilities within the rights of way except individual service connections.

B. Leased Capacity. A grantee shall have the right to offer or provide excess conduit capacity to another telecommunications or cable provider with prior city notification, provided that:

1. Grantee shall furnish the city sixty days advance written notice of any such proposed lease or agreement;

2. The proposed lessee shall comply with all of the requirements of this chapter prior to providing telecommunications or cable service.

C. Consistency within Class. All licenses and telecommunications and cable franchises granted pursuant to this chapter shall contain substantially similar terms which, taken as a whole and considering relevant characteristics of applicants, are substantially consistent with those required of other licensees and telecommunications and cable franchisees.

D. Limitations.

1. No grant shall convey any right, title or interest in rights of way but shall be deemed a license or franchise only to use and occupy the rights of way for the limited purposes and term stated in the grant.

2. No grant shall authorize or excuse a licensee or franchisee from securing such further easements, leases, permits or other approvals as may be required to lawfully occupy and use rights of way.

3. No grant shall expressly or implicitly authorize a licensee or franchisee to provide service to or install a system on private property without owner consent, or to use publicly or privately owned poles, ducts or conduits without a separate agreement with the owners and to the extent provided by law.

4. No grant shall confer any exclusive right, privilege or license to occupy or use the rights of way for delivery of telecommunications or cable services or for any other purposes.

5. Nothing herein shall be deemed or construed to impair or affect, in any way or to any extent, the city’s power of eminent domain.

E. Interference with the Rights-of-Way. No grantee may locate or maintain its telecommunications facilities so as to unreasonably interfere with the use of the rights-of-way by the city, by the general public or other persons, or other persons authorized to use or be present in or upon the rights-of-way. All such facilities shall be moved by and at the expense of the grantee, temporarily or permanently as determined by the city.

F. Damage to Property. No grantee or any person acting on a grantee’s behalf shall take any action or permit any action to be done which may impair or damage any rights-of-way, including specifically city property, real or personal, or public ways or other property located in, on or adjacent thereto except in accordance with this chapter.

G. Notice of Work. Unless otherwise provided in a franchise agreement, no grantee, or any person acting on the grantee’s behalf, shall commence any nonemergency work in or about rights-of way. Any private property owner whose property will be affected by a grantee’s work shall be afforded ten working days advance written notice of such work.

H. Repair and Emergency Work. In the event of an emergency or an emergency repair necessary to protect the public, restore service or mitigate further damage to the system, a grantee may commence such repair and emergency response work as required under the circumstances.

I. Maintenance of Facilities. Each grantee shall maintain its facilities in good and safe condition and in a manner that complies with all applicable federal, state, and local requirements.

J. Restoration of Rights-of-Way or Other Property. Restoration shall comply with the requirements outlined in subsection F of this section. Additionally:

1. When a grantee, or any person on its behalf, does any work in or affecting any rights-of-way, or any other property, it shall at its own expense promptly remove any obstructions therefrom and restore such way or property to the same condition which existed before the work was undertaken.

2. If weather or other conditions do not permit the complete restoration required hereunder, the grantee shall temporarily restore the affected rights-of-way or other property. Such temporary restoration shall be at the grantee’s sole expense and the grantee shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration.

3. A grantee or other person acting on its behalf shall use suitable barricades, flags, flagmen, lights, flares and other measures as required for the safety of all members of the general public and to prevent injury or damage to any person, vehicle or property by reason of such work in or affecting rights-of-way or any other property.

K. Term. Unless otherwise specified in a license, telecommunications franchise or cable franchise agreement, the term shall be for no more than ten years. (Ord. 1546 §5, 2019; Ord. 1114 §1, 1999).