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reasonable and prevailing market rates for such condui u or fiber or,where owned by another
<br /> governmental body, shall, in good faith, first exhaust all means of obtaining use of such
<br /> conduit or fiber before applying for a Right-of-way us- permit from the City.
<br /> (17)Maintenance-of-Traffic. In the event that placement sr maintenance of Communications
<br /> Facilities conducted by the Communications Service Provider requires streets or traffic
<br /> lanes to be closed or obstructed, the Communications Services Provider shall,pursuant to
<br /> the requirements of existing or subsequently enacted ity ordinances and other applicable
<br /> regulations, obtain all necessary permits from the C. , and shall obtain approval of its
<br /> maintenance-of-traffic plan from the City.
<br /> (18)Restoration of Public Rights-of-Way. After completion of any placement or maintenance
<br /> of a Communications Facility in the Public Rights-Of-Way or each phase thereof, the
<br /> Communications Services Provider shall, at its own e'Ixpense and in a manner reasonably
<br /> acceptable to the City,restore without delay the Public Rights-of-Way so disturbed to their
<br /> original condition immediately prior to the placement or maintenance work. If the
<br /> Communications Services Provider fails to make such restoration within 30 days following
<br /> the completion of such placement or maintenance, the City may perform such restoration
<br /> and charge the costs of the restoration to the Communications Services Provider in
<br /> accordance with Section 337.402, Florida Statuts, as it may be amended. The
<br /> Communications Services Provider shall, to the satisfaction of the City, maintain and
<br /> correct any restorations made pursuant hereto for a pe,'od of 12 months following the date
<br /> of its completion.Failure to comply with this subsectio shall be deemed sufficient grounds
<br /> for denial of any future Right-of-Way Use Permits f r the placement or maintenance of
<br /> Communications Facilities.
<br /> (19) Disruption or Destruction of Other Facilities or Pr perty. A Communications Services
<br /> Provider shall not knowingly place or maintain any acility in a manner that shall in any
<br /> way disrupt, displace, damage or destroy any sew r line, gas line, water main, pipe,
<br /> conduit, wires, fiber-optics or other Facilities, or pr perty belonging to the City or any
<br /> other Person lawfully occupying the Public Rights- f-Way, without first obtaining the
<br /> consent of the City. The Communications Services rovider shall bear all responsibility
<br /> and costs for any such conduct where City consent has not been obtained and shall pay
<br /> such costs upon demand.
<br /> (20) Preservation of Public Rights-of-Way for Plannedublic Projects. To the extent not
<br /> otherwise prohibited by state or federal law, the Cit shall have the power to prohibit or
<br /> limit the placement of new or additional Communi ations Facilities within a particular
<br /> area of Public Rights-of-Way and may consider, among other things and without
<br /> limitation, the sufficiency of space to accommodate all of the present communications
<br /> facilities and pending Applications to place and maint in facilities in that area of the Public
<br /> Rights-of-Way, the sufficiency of space to accommo ate City announced plans for public
<br /> improvements or projects that the City determines ar in the public interest, the impact on
<br /> traffic and traffic safety, and the impact upon existing facilities In The Public Rights-of-
<br /> Way.
<br /> 7.12.06.04 General Conditions on the Utilization of Public Rights-of-Way and the
<br /> Placement or Maintenance of Communications Facilities.
<br /> (1) City Not Liable. Neither the City nor its officials,boar s, City Council,consultants,agents,
<br /> employees or independent contractors shall have 4 y liability to the Communications
<br /> Services Provider for any claims for any damages, cots, expenses or losses resulting from
<br /> the City's damaging,removing,altering or relocating ally Facilities of any Communications
<br /> Services Provider, which arose out of or in connection with any emergency or disaster or
<br /> was, in the sole discretion of the City, deemed necessary to facilitate any public works
<br /> project, public improvement, alteration of a City stru ture, change in the grade or line of
<br /> any Public Rights-of-Way, or the elimination, aba donment or closure of any Public
<br /> Rights-of-Way, or was otherwise found by City Co 1 cil to be in the best interest of the
<br /> health, safety or general welfare of the public; no shall any charge be made by the
<br /> Communications Services Provider against the City or any damages, costs, expenses or
<br /> losses related thereto.
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