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1379-19 Right-of-Way Cell Towers
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1379-19 Right-of-Way Cell Towers
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i <br /> (7) Limited Purpose of Right-of-Way Use Permit. A Rit-of-Way Use Permit issued by the <br /> City constitutes authorization to undertake only certai activities in Public Rights-of-Way <br /> in accordance with this Part and does not create any prperty right or other vested interest, <br /> or grant authority to impinge upon the rights of othe s who may have an interest in the <br /> Public Rights-of-Way. Right-of-Way Use Permits sha 1 be granted only for specific routes <br /> or locations in the Public Rights-of-Way and for such erm as described in the permit. The <br /> City's issuance of a Right-of-Way Use Permit shall no be construed as a warranty that the <br /> placement of any Communications Facility is in compliance with applicable codes, <br /> regulations or laws. <br /> (8) Responsibility for Contractors. Every Communications Services Provider that is <br /> Registered with the City shall be liable for the actions of contractor(s) hired by them to <br /> perform the placement or maintenance of Facilities in the Public Rights-of-Way and shall <br /> be responsible for making sure that such contractor mei is and complies fully with the rules, <br /> regulations and general conditions set forth in this Part. <br /> 7.12.06.03 Placement or Maintenance of Communications Facilities. The requirements <br /> of this subsection shall apply to the placement or maintenance of Communications Facilities <br /> in any Public Right-of-Way. <br /> (1) Provision and Form of Record Drawings and As- uilt Surveys. Within 45 days after <br /> completion of any placement or maintenance of a Counications Facility in the Public <br /> Rights-of-Way,the Communications Services Provid r shall provide the City with Record <br /> Drawings showing the final location of such Facility in the Public Rights-of-Way. The <br /> Communications Services Provider shall also provide the City with As-Built Surveys <br /> within 45 days after completion of any placement or maintenance of a Communications <br /> Facility in the Public Rights-of-Way. The Record Drawings and As-Built Surveys shall be <br /> provided to the City at no cost. <br /> (2) Production and Filing of As-Builts. Every Comm 'cations Services Provider that is <br /> Registered with the City shall produce and keep on fil at its principal place of business an <br /> accurate and complete set of As-Builts of all Facilities placed and maintained in the Public <br /> Rights-of-Way. The location and identification of Facilities and the production of As- <br /> Builts shall be at the sole expense of the Communications Services Provider. Within 30 <br /> days of any written request by the City, the Communications Services Provider shall <br /> provide to the City, at no cost, copies of complete sets of As-Builts for the indicated Public <br /> Rights-of-Way. The failure of the Communications Services Provider to produce,keep on <br /> file, or provide to the City As-Builts as required under this Part is sufficient grounds for <br /> the City to deny the issuance of Right-of-Way Use Pe its in the future. <br /> (3) Removal of Facilities Placed Without Permit. Any ommunications Facilities placed in <br /> the Public Rights-of-Way by the Communications S ices Provider without first having <br /> obtained the required Right-of-Way Use Permits shall be removed within 30 days of <br /> written notice by the City to remove the same and in default of compliance with such <br /> notice, such Facilities may be removed by order of the Planning Director or his/her <br /> designee and Public Works Director or his/her designee and the cost of removal shall be <br /> borne and paid by the Communications Services Prov der upon demand. <br /> (4) Underground. The placement or maintenance of all Communications Facilities shall be <br /> underground unless otherwise approved in writing by he City. Communications Facilities <br /> shall be placed between the property line and the cur line of all streets and avenues and <br /> shall not be within the roadway or the roadway recovery area unless specifically approved <br /> in writing by the City. All Communications Facilities shall have consistent alignment <br /> parallel with the edge of pavement, a thirty-six-inch (36") depth of cover and shall have <br /> two feet (2') of horizontal clearance from othe underground utilities and their <br /> appurtenances. Where approved by the City, Facilities to be placed in the street shall be <br /> laid according to the permanent grade of the street an at a depth below the surface of the <br /> permanent grade as each is determined by the City. <br /> (5) Above-Ground Approval. The placement or maintnance of Facilities above-ground, <br /> including new Utility Poles and aerial wires, is subject to written approval by the City. <br /> Page 11 of 31 <br />
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