§ 3. Use of right-of-way.  


Latest version.
  • In the use of right-of-way under this ordinance, AT&T shall be subject to all rules, regulations, policies, resolutions, and ordinances now or hereafter adopted or promulgated by the City in the reasonable exercise of its police power and is subject to all applicable laws, orders, rules and regulations adopted by governmental bodies now or hereafter having jurisdiction. In addition, AT&T shall be subject to all rules, regulations, policies, resolutions, and ordinances now or hereafter adopted or promulgated by the City relating to permits and fees, sidewalk and pavement cuts, utility location, construction coordination, beautification, and other requirements on the use of the right-of-way and shall comply with the following:

    (a)

    AT&T's use of right-of-way shall in all matters be subordinate to the City's use of the right-of-way for any public purpose. AT&T shall coordinate the placement of its facilities in a manner which minimizes adverse impact on public improvements, as reasonably determined by the City. Where placement is not otherwise regulated, the facilities shall be placed with adequate clearance from such public improvements so as not to impact or be impacted by such public improvement.

    (b)

    All earth, materials, sidewalks, paving, crossings, utilities, public improvements, or improvements of any kind injured or removed by AT&T in its activities under this ordinance shall be fully repaired or replaced promptly by AT&T at its sole expense and to the reasonable satisfaction of the City or owner thereof.

    (c)

    All facilities constructed, reconstructed, or relocated in the right-of-way after the date hereof shall be placed underground unless otherwise agreed to by the City and in steel conduit in the right-of-way and rigid conduit when otherwise within the corporate limits of the City.

    (d)

    AT&T shall keep and maintain accurate records and as-built drawings depicting accurate hori-