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HomeMy WebLinkAboutOrdinance - 10222-1999 - Establishment Of Non-Discriminatory Procedure For Granting Franchises - 11/04/1999First Reading Nov. 4. 1999 Item No. 28 Second Reading Dec. 9. 1999 Item No. 14 ORDINANCE NO. 10222 AN ORDINANCE OF TilE CITY OF LUBBOCK RELATING TO THE ESTADLISliMENT OF A NON-DISCRJMINATORY PROCEDURE l~OR GRANTING FRANCHISES AND REGULATING THE USE OF PUBLIC RlGHTS-OF-WA Y TO PROVIDE TELECOMMUNICATiONS SERVICES WITHIN THE CITY; PRESCRIDING UNII~ORM TERMS AND CONDITIONS CONCERNING USE Of CITY PROPERTY AND PUDLIC RIGHTS-OF-WAY DY TELECOMMUNICATIONS FRANCHISEES AND CERTIFICATED TELECOMMUNICATIONS PROVIDERS; AND PRESCRJBING THE AMOUNT AND METIIOD OF COMPENSATION TO DE PAID THE CITY FOR THE USE OF PUBLLC RIGHTS-OF-WI\ Y TO PROVIDE TELECOMMUNICATION SERVICES WITHIN TI-IE CITY BY NON-CERTIFIED TELECOMMUNICATIONS PROVIDERS AND PROVIDING A MISDEMEANOR PENALTY. Section 1 -Purpose ARTICLE 1 GENERAL The purpose and intent of this Ordinance is to: (a) establish clear local guidelines, standards and time frames for the exercise of local authority with respect to the usc of City Property and Public Rights-of-Way to provide Telccommunii.:ations Scn·icl!s within the City by Certificated Telecommunications Providers and hy mm-Ccrl i rica led Tdccommuni(.;<Hions Providers; (b) permit and manage reasonable access w the property and Public Rights-of-Way of the City for tclccummunications purposes on a non-discdminatory and c.:ompt:titivcly neutral basis; (c) conserve the limited physical capacity of the Public Rights-of-Way betd in public trust by the City: {d) sccur~: f"air and reasonable compensation on a non-discriminarory and comp~titivdy neutral basis to the City and the residents of the City for permitting private usc of City Property and Public Rights-of-Way by non-Certificated Telecommunications Providers: (c) assu rc that all Tck~:tlllllllUnic.:ations Carriers providing fad [ itics or sc.:rv ic.:c.:~ within the City comply w~th the po~ice power based ordinances, rules and regulations of the City intended to protect the health, safety and welfare of the public; and (I) cnahl~ the City to discharge its public trust consistl!nt with rapidly evolving federal and State regulatory policil!s, industry competition and tcclmological dcvdopmcnl. Section 2 -Definitions For the purpose of this Ordinance, and the interpretation and enforcement thereof, the following words and phrases shall have the following meanings, unless the context of the sentence in which they are used shall indicate otherwise: (a) "Access Linelt means: 1) Category 1, which shall include both analog and digital residential switched access lines. It shall also include point-to-point private lines, whether residential or non-residential, only to the extent such lines provide burglar alarm or other similar security service; 2) Category 2, which shall include all analog and digital non-residential switched access lines; or 3) Category 3, which shall include all other point-to-point private lines, whether residential or non-residential, not otherwise included within category 1. (b) "Affiliate" means a Person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with another Person. (c) "Cable Act" shall mean the Cable Communications Policy Act of 1984, 47 U.S.C. §532, et seq., as now and hereafter amended. (d) "Cable Operator" means a Telecommunications Carrier providing or offering to provide Cable Service within the City as that term is defined in the Cable Act. (e) "Cable Service" for the purpose of this Ordinance shall have the same meaning provided by the Cable Act. (f) "Certificated Telecommunications Provider" means a person who has been issued a certificate of convenience and necessity ("CCN"), certificate of operating authority ("COA "), or service provider certificate of operating authority ("SPCOA ") by the Public Utility Commission to offer local exchange telephone service (g) "City" means the City of Lubbock. (h) City Property" means and includes all real property owned by the City, other than Public Right-of-Way as defined herein, and all property held in a proprietary capacity by the City. (i) "Commission" means the Public Utility Commission of Texas. (j) "Customer" means an end-use customer. (k) "Excess Capacity" means the volume or capacity in any existing or future duct, conduit, manhole, hand hole or other utility facility within the Public Right-of-Way that is or will be available for use for additional Telecommunications Facilities. (I) "FCC" or "Federal Communications Commission" means the Federal administrative agency, or lawful successor, authorized to regulate and oversee telecommunications carriers, services and providers on a national level. (m) "Governing Body" means the Mayor and City Council of the City. (n) "Grantee" means the Person to whom or which a telecommunications franchise is granted under this Ordinance, and the lawful successor, transferee, or assignee of said Person. (o) "Law" means any and all applicable laws, including but not limited to, the Communications Act of 1934, as amended by the Telecommunications Act of 1996, Pub. L. No. 104-104 § 100 Stat. 70, codified at 47 U.S.C. and subsequent amendments, and all orders, rules, tariffs, guidelines, and regulations issued by the Federal Communications Commission or the governing State authority pursuant thereto, as well as all applicable State and City law. The term "Law" encompasses statutory law, administrative regulations, and case law. (p) "Municipal Telecommunications Line Fee" means a fee set by the City to compensate the City for the use and occupancy of the Public Rights-of-Way by a non- Certificated Telecommunications Provider. (q) A "Non-Certificated Telecommunications Provider" shall mean a person providing telecommunications services within the meaning of this Ordinance who does not hold a CCN, COA or SPCOA issued by the Public Utility Commission. (r) "Overhead Facilities" means utility poles, utility facilities and Telecommunications facilities located above the surface of the ground, including the underground supports and foundations for such facilities. (s) "Person" means and includes corporations, companies, associations, joint stock companies or associations, firms, partnerships, limited liability companies and individuals and includes their lessors, trustees and receivers. (t) "Private Line Service" means a non-switched telephone circuit dedicated for use between specific locations identified by an end-user customer. (u) "Private Line Termination Point" means the channel termination point or points of a private line service within the City. (v) "Public Street" or "public roadway" means any highway, street, bridge, tunnel, alley, parkway or walkway for vehicular or pedestrian travel under the jurisdiction and control of the City which has been acquired, established, dedicated or devoted to purposes not inconsistent with Telecommunications Facilities. (w) "Public Right-of-Way" means the area on, below, or above a public roadway, highway, street, public sidewalk, alley, waterway, or utility easement in which the municipality has an interest and does not include the airwaves above a right-of-way with regard to wireless telecommunications. 2 (x) "PUC" or "Public Utility Commission of Texas" means the State administrative agency, or lawful successor, authorized to regulate and oversee telecommunications carriers, services and providers in the State of Texas. (y) "State" means the State of Texas. (z) "Surplus Space" means that portion of the usable space on a utility pole which has the necessary clearance from other pole users to allow its use by a Telecommunications Carrier for a pole attachment. (aa) "Telecommunications Carrier" means and includes every Telecommunications Services Provider that directly or indirectly owns, controls, operates or manages plant, equipment or property within the City, used or to be used for the purpose of offering Telecommunications Service. (bb) "Telecommunications Facilities" means the plant, equipment and property, including but not limited to, cables, wires, conduits, ducts, pedestals, poles, antennae, electronics and other appurtenances used or to be used to transmit, receive, distribute, provide or offer Telecommunications Service. (cc) "Telecommunications Services Provider" or "Provider" means and includes every Person who provides Telecommunications Services regardless of whether certificated or not certificated by the Public Utility Commission of Texas and regardless of whether such Person owns, controls, operates or manages plant, equipment or property within the City used or to be used for the purpose of offering Telecommunications Service. (dd) "Telecommunications Service" means the providing or offering for rent, sale or lease, or in exchange for other value received, of the transmittal of, or of Telecommunications Facilities for the transmittal of, voice, data, image, graphics and other communications between or among points by wire, fiber optics or similar facilities, but does not include the provision to the public of any service expressly found by law not to constitute a "telecommunications" service. Telecommunications Service may be provided by both Certificated Telecommunications Providers and non-Certificated Telecommunications Providers. (ee) "Underground Facilities" means Utility Facilities and Telecommunications Facilities located under the surface of the ground, excluding the underground foundations or supports for Overhead Facilities. (ff) "Usable Space" means the total distance between the top of a utility pole and the lowest possible attachment point that provides the minimum necessary vertical clearance. (gg) "Utility Easement" means any easement owned by the City and acquired, established, dedicated or devoted for public utility purposes not inconsistent with Telecommunications Facilities. (hh) "Utility Facilities" means the plant, equipment and property, including but not limited to the poles, pipes, mains, conduits, ducts, cables, wires, plant and equipment located under, on or above the surface of the ground within City Property or Public Rights-of-Way and used or to be used for the purpose of providing utility or telecommunications services. 3 Section 3 -Registration Except as otherwise providell herein. all Tckcommunications Carriers and Providers engaged in th[." busin~s~ or transmitting. supplying or furnishing uf Telecommunications Sc[·vices originating and/or terminating in tiH.: City. with the exception of those that already holll a current city tclccommunicarions franchise or hav~ a pcnuing application for same on file with the City. shall register with the City pursuant to Article 2 of this Ordinance. Section 4 -Telecommunications Franchise 1\ ny Telecommunications Carrier wiJO is not a Certificated Telecommunications Provider desiring to canst met. install, operate, maintain or othcrw isc locate tdct;ommunications l~tdlities in, under. over or across any City ProperLy or Public Riglus-ui'-Way J{Jr the purpose of providing Tdccommunications Services within the City shall ftrst obtain a t~ranchise authorizing and rcgulafing thl.! us~: or such CiLy Property and Public Rights-ui'-Way pursuant to Article 3 o! this Ordinancl'. Section 5 -C<lhle Franchise Except <ts otherwise proviucd herein. any Tckcommunkations Carrier who desires to construct, insta~l. operate. maintain or locate Telecommunications facilities on City Property or in any Puhli~.; Right-of-Way for tlw purpose or providing cable service to persons in the City shall first obtain a Cable Service franchise from the City as provided in the City's current cahle franchise ordinances in effect at the time the Cahlt: Service franchise is sought. Section 6 -ApJ.ili.cation to Existing Franchise Ordinances and Agreements This Ordinance shall have no dlcct on any existing franchi~e ordinance or franchi::.:c llt!.t·eemcnt with a non-Certiflcmed Tckwmmunications Provider or with a TdeconmtuniL:ations P~nwidcr who has opled to kuve it's existing franchise in plilce pursuant ro Sec. :183.054, Local Guvernment Code until the t:xpiration of said fram:htsc ordinance or agreement. ~~:diun 7 -P('naJties Any Person found guilty of violating, disobeying, omiuing, neglecting or refusing m comply wtth any of the provisions of thts Ordinan\.:e after receiving written notice of same from the City Manager or his or her designated reprcsenrarivc shall he fined not less £han One Hundred Dollars {~100.00) nur more than Five Humlrcd Dollars ($500.00} for each otlensc. A scp<tratL" anu disrinct ot'fc:nse shall he d!!emed committelll!a~.:h day on which a violation o~.:curs or continues. Sel."linn S-No Waiver for ~on-Enfnn·emt•nt A Grantee shall not be excused from complying with any of the terms ami. conditions of this Ordinance or Grantee s franchise agreement hy any ntilure or omission of Lhe Cily upon any om: or mmc occasions to insist upon. <:nf{>r-cc. or otherwise seck compliance with an f>ucl1 terms and conditions. Section 9 -Other Remedies Nothing in this ordinance shall be construed as limiting any remedies that the City or a Grantee may have, under the Law, for enforcement of this ordinance. Section 10 -Severability If any section, subsection, sentence, clause, phrase, or other portion of this ordinance, or its application to any Person, is, for any reason, declared invalid, in whole or in part by any court or agency of competent jurisdiction, said decision shall not affect the validity of the remaining portions hereof. ARTICLE2 REGISTRATION OF TELECOMMUNICATIONS CARRIERS AND PROVIDERS Section 1 -Reaistration Required All Telecommunications Carriers and Providers that offer or provide any Telecommunications Service for a fee directly to the public, either within the City, or outside the corporate limits from Telecommunications Facilities within the City, with the exception of those Telecommunication Carriers that already hold a current telecommunications franchise or have a current registration on file with the City, shall register with the City pursuant to this Article within thirty (30) days following the date of final adoption of this Ordinance, and shall thereafter register annually on or before January 30 of each calendar year on forms to be provided by the City Secretary. The annual registration shall include the following: (a) The identity and legal status of the registrant, including any Affiliates. (b) The name, address, and telephone number of the officer, agent or employee responsible for the accuracy of the registration statement. (c) A general description of registrant's existing or proposed Telecommunications Facilities within the City. (d) A description of the Telecommunications Services that the registrant intends to offer or provide, or is currently offering or providing, to persons, firms, businesses or institutions within the City. (e) Information sufficient to determine whether the registrant is subject to the franchise requirements of this Ordinance. (f) Information sufficient to determine that the applicant has applied for and received any certificates of convenience and necessity, certificate of operating authority, construction permit, operating license or other approvals required by the Public Utility Commission of Texas and/or the Federal Communications Commission to provide Telecommunications Services or Telecommunications Facilities within the City. 5 Section 2 -Purpose of Registration The purpose of registration under this Article is to: (a) provide the City with accurate and current information concerning the Telecommunications Carriers and Providers who offer or provide telecommunications services or own or operate Telecommunications Facilities using public rights-of-way within the City; (b) assist the City in enforcement of this ordinance and Chapter 283 of the Local Government Code with regard to use of public rights-of-way; (c) assist the City in the collection and enforcement, on a non-discriminatory and competitively neutral basis. of any franchise fees, license fees or other charges that may be due the City under this ordinance or state law pertaining to use of public rights-of-way; (d) assist the City in monitoring compliance with all applicable laws relating to use of public rights-of-way. ARTICLE3 TELECOMMUNICATIONS FRANCHISE Section 1 -Telecommunications Franchise A telecommunications franchise shall be required of any Telecommunications Carrier who desires to occupy City Property or Public Rights-of-Way for the purpose of providing Telecommunications Services to any person or area in the City and who is not a Certificated Telecommunications Provider. Section 2 -Franchise Application Any Person that desires a telecommunications franchise shall file an application with the City Secretary which shall include the following information: (a) The identity of the franchise applicant, including all Affiliates of the applicant. (b) A description of the Telecommunications Services that are or will be offered or provided by the franchise applicant over its existing or proposed facilities. (c) A description of the Telecommunications Facilities that are or will be used by the franchisee applicant to offer or provide such telecommunications services. (d) Preliminary engineering plans and specifications of any new facilities to be located within the City, if known at the time of application, in sufficient detail to identify: (1) the location and route of applicant's proposed Telecommunications Facilities. (2) the location of all overhead and underground public utility, telecommunication, cable, water, sewer drainage and other facilities on 6 City Property or within the Public Rights-of-Way along the proposed route. (3) the specific trees, structures, improvements, facilities and obstructions, if any, that applicant proposes to temporarily or permanently remove or relocate. (e) If applicant is proposing to install new Overhead Facilities, satisfactory evidence that the Telecommunication Facilities cannot reasonably be installed in new or existing ducts or conduits, and that Surplus Space is available for locating its Telecommunications Facilities on existing utility poles along the proposed route. This showing may be satisfied by submission of a sworn affidavit setting forth, in detail, the relevant facts supporting applicant's contentions. (t) If applicant is proposing to install new Underground Facilities in existing ducts or conduits under City Property or within the Public Rights-of-Way, information in sufficient detail to identify: (1) the Excess Capacity currently available in such ducts or conduits before installation of applicant's Facilities; (2) the Excess Capacity, if any, that will exist in such ducts or conduits after installation of applicant's facilities. (g) If applicant is proposing to install new Underground Facilities within new ducts or conduits to be constructed under City Property or within the Public Rights-of-Way: (1) the location proposed for the new ducts or conduits; (2) the Excess Capacity that will exist in such ducts or conduits after installation of applicant's facilities. (h) A preliminary construction schedule and completion dates. (i) A preliminary traffic control plan. (j) Financial statements prepared in accordance with generally accepted accounting principles demonstrating the applicant's financial ability to comply with all requirements and obligations imposed upon a Grantee under this Ordinance. (k) Information to establish that the applicant has obtained all other governmental approvals and permits to construct and operate the facilities and to offer or provide the Telecommunications Services. (l) Whether the applicant intends to provide Cable Service, video dial tone service or other video programming services, and sufficient information to determine whether such service is subject to Cable Service franchising. (m) A description of the services or facilities that the applicant will offer or make available to the City and other public, educational, and governmental institutions. 7 (n) Manager. Such other and further information as may reasonably be requested by the City Section 3 -Determination by the City Within 90 days after receiving a complete application, the Governing Body shall issue a written determination granting or denying the application in whole or in part. If the application is denied, the written determination shall include the reasons for denial. The following standards will be used in determining whether to grant or deny an application: (a) The financial ability of the applicant. (b) The legal ability of the applicant. (c) The capacity of the Public Rights-of-Way or City Property to accommodate the applicant's proposed facilities. (d) The damage or disruption, if any, of public or private uses, facilities, improvements, service, travel or landscaping if the franchise is granted. (e) The public interest in minimizing the cost and disruption of construction within the Public Rights-of-Way or on City Property. (t) is granted. The effect, if any, on public health, safety and welfare if the franchise requested (g) facilities. The availability of reasonable alternate routes and/or locations for the proposed (h) Applicable Law. Section 4 -Form and Content of Franchise Award All Telecommunications Franchise awards shall take the form of a municipal ordinance duly passed by the Governing Body and accepted by the Grantee. Each Telecommunications Franchise Ordinance, shall incorporate all applicable provisions of this Ordinance and shall follow a standardized format insofar as practical. Any special terms or conditions included within a Grantee s franchise award shall be non-discriminatory and competitively neutral. Section 5 -Nonexclusive Franchise No franchise granted under this Article shall confer any exclusive right, privilege, license or franchise to occupy or use City Property or Public Rights-of-Way for delivery of Telecommunications Services or any other purposes. Section 6 -Term of Franchise A telecommunications franchise granted hereunder shall be valid for a term of three (3) years, subject to renewal pursuant to Section 10 of this Article. 8 Section 7 -Rights Granted No franchise granted under this Ordinance shall convey any right, title or interest in City Property or Public Rights-of-Way, but shall be deemed a franchise only to use and occupy City Property and Public Rights-of-Way to the limited extent and for the limited purposes and tenn stated in the franchise agreement. Further, no franchise shall be construed as any warranty of title. Section 8 -Compensation to City Each franchise granted under this Article is subject to the City's right to fair and reasonable compensation, as specified in Article 4 herein, on a non-discriminatory and competitively neutral basis, for the franchisee's use and occupancy of City Property and Public Rights-of-Way as well as the City s oversight, supervision and regulation of the same. Section 9 -Renewal Applications A Grantee that desires to renew its franchise under this Article shall, not more than 240 days nor less than 150 days before expiration of the current franchise, file an application with the City for renewal of its franchise which shall include the information required pursuant to Section 2 of this Article. Section 10 -Renewal Determinations Within 150 days after receiving a complete application under Section 9 of this Article, the Governing Body shall issue a written determination granting or denying the renewal application in whole or in part, applying the following standards: (a) The financial ability of the applicant. (b) The legal ability of the applicant, including a determination of whether an applicant may have become a Certificated Telecommunications Provider. (c) The continuing capacity of City Property and Public Rights-of-Way to accommodate the applicant's existing facilities. (d) The applicant's compliance with the requirements of this Ordinance and the franchise agreement. (e) Applicable Law. If the renewal application is denied, the written determination shall include the reasons for non-renewal. If the renewal application is granted, the franchise terms and conditions must be conformed as necessary to comply fully with all requirements and conditions contained in the City s then existing Telecommunications Ordinance. 9 Section 11 -Obligation to Cure As a Condition of Renewal No franchise shall be renewed until any ongoing violations or defaults in the Grantee•s performance of the franchise agreement, or of the requirements of this Ordinance, have been cured in accordance with Section 23 of Article 5 of this Ordinance, or a plan detailing the corrective action to be taken by the grantee has been approved by the City. ARTICLE4 FEES AND COMPENSATION Section 1 -Purpose It is the purpose of this Article to provide for reasonable and adequate compensation to the City for the use and occupancy of City Property and public rights-of-way for the provisioning of Telecommunications Services by non-Certificated Telecommunications Providers, and to further provide for the payment and recovery of all direct and indirect costs and expenses of the City related to the enforcement and administration of this Ordinance. Section 2-Compensation for Use of Public Rights-of-Way (a) To compensate the City for the use and occupancy of the Public Rights-of-Way, each non-Certified Telecommunications Provider shall pay the City during the life of Grantee's franchise a monthly Municipal Telecommunications Line Fee for each Access Line and Private Line Termination Point owned by Grantee, calculated at month-end, that is activated for use by an end use customer. The monthly Municipal Telecommunications Line Fee shall be fixed in the following amounts following approval access line fee amounts and allocations by the Commission for the City of Lubbock: (1) Category 1 Access Lines shall be the same as is defined and allocated by the Commission for the City of Lubbock for Certificated Telecommunications Providers; (2) Category 2 Access Lines shall be the same as is defined and allocated by the Commission for the City of Lubbock for Certificated Telecommunications Providers; and (3) Category 3 Access Lines shall be the same as is defined and allocated by the Commission for the City of Lubbock for Certificated Telecommunications Providers. (b) Beginning 24 months after the date the Commission establishes its rates per access line for Lubbock, the rate shall be annually adjusted by an amount equal to one-half the annual change, if any, in the consumer price index. (c) In the event the Grantee's monthly Municipal Telecommunications Line Fee generates annual revenue for the City that is less than thirty-eight cents ($0.38) per linear foot of right-of-way used by Grantee, which amount is the linear foot equivalent of the amount paid by access line fees by the largest Certificated Telecommunications Provider in the City for the year 1998, Grantee shall make a payment to the City before the last day of the calendar year equal to the difference between the total monthly Municipal Telecommunications Line Fee paid by Grantee that year and thirty-eight cents ($0.38) per linear foot of right-of-way used by Grantee. Any adjustments to the access line fee for the City of Lubbock approved by the Commission shall be used to adjust the linear foot charge as may be required. 10 (d) Certified Telecommunications Providers shall pay municipal fees or right-of- way fees as required by Chapter 283, Local Government Code, and approved by the Commission. (e) Existing franchises of Non-Certificated Telecommunications Providers and franchises of Certificated Telecommunications Providers not revoked by the holders thereof as permitted by Chapter 283, Local Government Code, shall continue to pay such amounts as have been heretofore specified in such franchises. Section 5 -Responsibility for Payment of Fees Each non-Certificated Telecommunications Provider shall be responsible for payment to the City of the Municipal Telecommunications Line Fee on each activated Access Line and Private Line Termination Point owned by Grantee regardless of whether Grantee is the entity providing Telecommunication Services to the end user over those facilities. Where a Telecommunications Provider is providing Telecommunications Services to an end user utilizing Access Lines owned by Grantee, it shall be the Grantee's responsibility to properly track and account for the classification of those Access Lines. Certificated Telecommunications Providers shall be required to remit the proper municipal fee required by Chapter 283, Local Government Code, as required by law. In the event that a Certified Telecommunications Provider does not remit a right-of-way fee to the City upon receipt of adequate proof that another Certified Telecommunications Provider is remitting such fees to the City because such access lines have been resold, leased or otherwise provided to said secondary Certified Telecommunications Provider, the underlying Certified Telecommunications Provider shall notify the City of the receipt of "adequate proof" and identify the secondary Certified Telecommunications Provider that is responsible for paying the right-of-way fee. Section 6 -Payment Non-Certificated Telecommunications Providers shall remit the compensation required under Section 4 of this Article on a quarterly basis. Each quarterly payment shall be due on the forty-fifth (45) day following the close of each calendar quarter for which the payment is calculated. Certified Telecommunications Providers shall remit right-of-way usage fees as required by state law. Section 7 -Compensation for City Property The compensation to be paid the City for the use and occupancy of City Property for the installation of Telecommunications Facilities, as well as the method and manner of payment thereof, shall be fixed by the City on a case-by-case, site-specific and non-discriminatory and competitively neutral basis. Such compensation shall be separate than, and in addition to, the compensation to be paid for use of the Public Rights-of-Way under Section 4 of this Article or the requirements of Chapter 283, Local Government Code. Section 8-Right to Audit a) Non-Certificated Telecommunications Providers shall keep complete and accurate books of accounts and records of their business and operations which pertain to any Telecommunications Services made the subject of any telecommunication franchise granted 11 hereunder in accordance with generally accepted accounting principles. If required by the FCC, Grantees shall use the system of accounts and forms of accounts, records and memoranda prescribed by the FCC in 47 CRF Part 32 or its successor and as may be further described herein. The City may require the keeping of additional records or accounts which are reasonably necessary for purposes of identifying, accounting for, and reporting compensation due the City under Article 4 of this Ordinance. In order to document the aggregate Municipal Telecommunications Line Fee revenues due the City each quarter from Grantees, each Grantee shall file with the City Manager, at the time each quarterly payment is made, a sworn report to be prescribed and acceptable to the City in sufficient detail to itemize, by month, the number and proper classification of Grantee's active Access Lines and Private Line Termination Points within the City. The City may, if it sees fit, have the books and records of Grantees examined by a City representative to ascertain the correctness of the reports agreed to be filed herein, provided however, that any City audit shall be limited to verification of such reports for a period not to exceed two years prior to the date of commencement of the audit. b) Certified Telecommunications Providers shall comply with the reporting requirements of Chapter 283, Local Government Code. ARTICLES CONDITIONS OF SERVICE Section 1 -Location of Facilities All facilities shall be constructed, installed and located in accordance with the following terms and conditions: (a) A Telecommunications Services Provider shall install its Telecommunications Facilities within an existing underground duct or conduit whenever Excess Capacity exists within such utility facility, absent the submission by the Provider or an affected Telecommunications Carrier or Provider of satisfactory evidence to the City Manager or his or her designee that this requirement is not reasonable or feasible in any specific instance. (b) A Telecommunications Services Provider with permission to install Overhead Facilities shall install its facilities on pole attachments to existing utility poles only, provided Surplus Space is available. If the installation of a new pole or poles is necessary, the number, location and installation of same shall be as designated by the City. (c) Whenever any existing electric utilities, cable facilities or Telecommunications Facilities are located underground within a Public Right-of-Way of the City, a Telecommunications Services Provider with permission to occupy the same Public Right-of-Way must also locate its Telecommunications Facilities underground, absent a compelling demonstration by the Provider or an affected Telecommunications Carrier that this requirement is not reasonable or feasible in any specific instance. (d) Whenever any new or existing electric utilities, cable facilities or Telecommunications Facilities are located or relocated underground within a Public Right-of-Way, a Telecommunications Services Provider that currently occupies the same Public Right-of-Way shall relocate its Telecommunications Facilities underground within a reasonable period of time, which shall not be later than the end of the franchise term unless the Provider makes a compelling demonstration that this requirement is not reasonable or feasible in any specific instance. Absent extraordinary circumstances or undue hardship as determined 12 by the City Manager or his or her uesignee, such relocation shall be made concurrently ro minimize the disruption of the Puhlic Rights-of-Way. (c) In uctermining whether any requirement under this section is unreasonable or infeasible. the City Manager or his or her uesignee shall consiuer. among other things. whether the requirement would subject the Telecommunications Services Provider or O(her affected Telecommunications Carrier or Proviuer to an unreasonably increased risk of service interruption. or to an unn:asonahly increased liahility for accidents. or to an unreasonable uclay in construction or in the availahility of its servit:es. or to any other unreasonable technical or cconomh.: burden. Section 2 -Construction I•crmits All Telecommunications Services Providers are required to ohtain construcrion permits to the extent and in the manner required in Article 6 of this Ordinance. Section 3 -Interference with the Public Rights-of-Way No Telecommunications Services Provider may locate or maimain its Telecommunications Facilities so as to unreasonably interfere with the usc of City Property or Public Rights-of-Way by the City, by the general public or by other persons authorize(] to use or he present in or upon City Property or Public Rights-of-Way. In the event of unreasonable intcr!Crcncc, such facilities shall he moved by the Provider. temporarily or permanently. as uetermined by the City Manager or his or her designee upon reasonable notice. If the temporary removal of a Provider's aerial facilities is necessary to permit the moving of houses or other hulky structures. the Proviucr shall be require(] ro temporarily remove the same upon not Jess than 48 hours advance notice by a party permitteu to move a huilding. house or other hulky structure pursuant to Sec. 6.27. Cl)ue of Ordinam:es. The expenses of such temporary relocation or n.:moval of aerial facilities shall be paid by the party or panics requesting and receiving the hcndit from such temporary relocation or n:moval. Section 4 • Damage to ProJ>ertv No Telecommunications Services Provider nor any Person acting on a Proviuer's behalf shall take any action or permit any action to be uone which may impair or uamage any City Property. Puhlic Rights-of-Way. or other property located in. on or adjacent thereto. Section 5-Notice of Work Unless otherwise proviucd in this Ordinance. no Telecommunications Services Provider nor any Person acting on the Proviuer's behalf shall commence any non-emergency work in or about City Properly or Public Rights-of-Way without the provision of au vance notice to the City. 13 Section 6-Repair and Emergency Work In the event of an unexpected repair or emergency, a Telecommunications Services Provider may commence such repair and emergency response work as required under the circumstances, provided the Provider shall notify the City as promptly as possible, before such repair or emergency work or as soon thereafter as possible if advance notice is not practicable. Section 7 -Maintenance of Facilities Each Telecommunications Services Provider shall maintain its facilities in good and safe condition and in a manner that complies with all applicable laws. Section 8 -Relocation or Removal of Facilities (a) Within thirty (30) days following written notice from the City, a Telecommunications Services Provider shall, without claim for reimbursement or damages against the City, temporarily or permanently remove, relocate, change or alter the position of any Telecommunications Facilities on City Property or within the Public Rights-of-Way whenever the Governing Body shall have determined that such removal, relocation, change or alteration is reasonably necessary for: (I) The construction, repair, maintenance or installation of any City or other public improvement. (2) The operations of the City or other governmental entity. (b) In any instance in which operation of Subsection (a) is deemed by a Provider to impose a financial hardship on the Provider, the Provider shall have the right to present alternative proposals to the City, and the City shall give due consideration to any such alternative proposals. (c) If the City requires a Provider to adopt or conform its Telecommunications Facilities to enable any other entity or person, except the City, to use, or to use with greater convenience, Public Rights-of-Way or City Property. the Provider shall not be required to make any such changes until such other entity or person shall reimburse or make arrangements satisfactory to the Provider to reimburse the Provider for any loss and expense caused by or arising out of such change; provided, however. that the City shall never be liable for such reimbursement. (d) If after proper notice the Provider fails or refuses to remove or abate the facilities in question, the City retains the rights and privilege to remove or abate any such utility facilities, at the sole cost and expense of the Provider. In performing or permitting such work to be done, the City shall not be liable to any Provider for any damages to any utility facilities unless directly and proximately caused by the willful intentional or malicious act by the City. and shall not be liable in any event for any consequential damages relating to service interruptions. 14 Section 9 -Removal of Unauthorized Facilities Within thirty (30) days following written notice from the City, any Telecommunications Services Provider, or other Person that owns, controls or maintains any unauthorized Telecommunications Facilities or related appurtenances on City Property or within the Public Rights-of-Way shall, at its own expense, remove such facilities or appurtenances from City Property or Public Rights-of-Way. A Telecommunications Facility is unauthorized and subject to removal in the following circumstances: (a) Upon expiration or termination of the Telecommunications Services Provider's telecommunications franchise or Commission certification, whichever is applicable. (b) Upon abandonment of a facility on City Property or within the Public Rights-of-Way of the City. (c) If the facility was constructed or installed without the prior grant of a telecommunications franchise or receipt of a certificate from the Commission. (d) If the facility was constructed or installed without the prior issuance of a required construction permit. If after proper notice the owner fails or refuses to remove or abate the facilities in question, the City retains the rights and privilege to remove or abate any such utility facilities, at the sole cost and expense of the owner. In performing or permitting such work to be done, the City shall not be liable to any Telecommunications Services Provider for any damages to any utility facilities unless directly and proximately caused by the willful intentional or malicious act by the City, and shall not be liable in any event for any consequential damages relating to service interruptions. Section 10 -Emergency Removal or Relocation of Facilities The City retains the right and privilege to cut or move any Telecommunications Facilities located on City Property or within the Public Rights-of-Way, as the City may determine to be necessary, appropriate or useful in response to any public health or safety emergency. The City shall cooperate to the extent possible with the Telecommunications Service Provider in such instances to assure continuity of service, and to afford the Provider the opportunity to make such relocation and/or removal itself where deemed reasonable, at the City s sole discretion. Section 11-Damage to Provider's Facilities Unless directly and proximately caused by the willful, intentional or malicious acts by the City, the City shall not be liable for any damage to or loss of any Telecommunications Facility on City Property or within the Public Rights-of-Way as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling, or work of any kind on City Property or in the Public Rights-of-Way by or on behalf of the City, and shall not be liable in any event for any consequential damages relating to service interruptions. 15 Section 12 -Restoration of Public Rights-of-Way and City Proper·ty (a) When a Telecommunications Services Provider, or any Person acting on its he half, does any work in or affecting any Puhlic Rights-or-Way, or City Property, it shall, at its own expense, promplly remove any ohstructions therefrom and reslore such Public Rights-of-Way or City Property to as good a condition as existed before the work was undertaken. (h) If weather or other t:onditions do not permit the complete restoration required hy this Section, the Provider shall temporarily restore the affected ways or propcny. Such temporary restoration shall be at the Provider's sole expense and the Provider shall promptly undertake and complete the required permanent restoration when the weather or other conditions no Iunger prevent such pcrmanem restoration. (c) A Provider or other Person acting in its behalf shall use suitahle barricades, nags, flagmen, lights. flares and other measures as required for the safety of all mcmhcrs of the general puhlic and to prevent injury or damage to any person, vehicle or property hy reason of such work in or affecting such ways or property. Section 13 -Facilities Maps (a) Wirhin a reasonable time after compkting any new construction or or expansion of exis(ing Utility Facilities, but in no case more than sixty (60) days after such completion, a Telecommunications Services Provider shall provide the City with an accurate as-huilt map or maps in hoth electronic and reproducible Mylar format certifying the lot:ation or all such new or expanded Utility facilities. (h) Each Telecommunications Services Provider shall maintain maps of all of the Provider's Telecommunications Fa<.:ilitics located on City ProperLy or wilhin the Public Rights-of-Way. Such maps shall he made available for review by other Providers, upon reasonahle request, to the extent such review may he necessary to determine whether the sharing of conduit in a given location is feasible. Within five (5) business days of a reques( from d1c City. the Provider shall provide the City with a copy or any portion of those maps showing the location of the Provider's facilities within the Puhlic Rights-of-Way or on City Property in any specific geographit: area designated by the Ciry. Such map or maps shall be provided at no cost to the City. The Provider shall also promptly locate any buried or underground utilities at the City s request at no cost to the City. Section 14 • Duty to Provide Information Within twenty (20) days of a written request from the City Manager or his or her representatives, each non-Certificated Telecommunications Provider shall furnish the City with information sufficient to demonstrate: (a) That the Provider has complied with all requirements of this Ordinance. th} That all fran<.:hist: fees due the City in <.:onnct:tiun with th~: Telecommunications Services and facilitks provided hy rhe Provider have been prop~:rly cal<.:ulated and paid hy the Provider. 16 (c) All books, records, maps and other documents, maintained by the Provider with respect to its facilities on City Property or within the Public Rights-of-Way shall be made available for inspection by the City at reasonable times and intervals. Each Provider shall furnish the City Attorney with notices of all initial petitions, applications, and reports submitted by the Provider to the Federal Communications Commission, the Public Utility Commission of Texas, the Texas Legislature or the Congress of the United States relating to any matters affecting both the use of Public Rights-of-Way and Telecommunications Services within the City. Upon written request, the Provider shall furnish the City Attorney with copies of all such documents. Section 15 -Provider Insurance (a) Except as provided in Subparagraph (c) below, each Telecommunications Services Provider shall, as a condition of the grant, secure and maintain the following liability insurance policies insuring both the Provider and the City. and its elected and appointed officers, officials, agents and employees as coinsureds: (1) General liability insurance with limits not less than (A) Five Million Dollars ($5,000,000) for bodily injury or death to each person; (B) Five Million Dollars ($5,000,000) for property damage resulting from any one accident; and, (C) Five Million Dollars ($5,000,000) for all other types of liability. (2) Automobile liability for owned, non-owned and hired vehicles with a limit of Three Million Dollars ($3,000,000) for each person and Three Million Dollars ($3,000,000) for each accident. (3) Worker's compensation within statutory limits and employer's liability insurance with limits of not less than One Million Dollars ($1,000,000). (4) Comprehensive form premises-operations, explosions and collapse hazard, underground hazard and products completed hazard with limits of not less than Three Million Dollars ($3,000,000). (b) The liability insurance policies required by this section shall be maintained by the Provider throughout the term of the telecommunications franchise, and any such other period of time during which the Provider is operating without a franchise hereunder. or is engaged in the removal of its telecommunications facilities. Each such insurance policy shall contain the following endorsement: "It is hereby understood and agreed that this policy may not be canceled nor the intention not to renew be stated until 90 days after receipt by the City, by registered mail, of a written notice addressed to the City Manager of such intent to cancel or not to renew." 17 Within sixty (60) days after receipt by the City of said notice, and in no event later than thirty (30) days prior to said cancellation, the Provider shall obtain and furnish to the City replacement insurance policies meeting the requirements of this Section. (c) Unless otherwise precluded by Law, a Provider may satisfy one or more of the insurance requirements specified in subsection (a) of this section through self-insurance, provided, however, that no Provider may self-insure without the prior approval of the City. In no event shall a self-insurance proposal be approved absent a showing to the City's satisfaction that the Provider is in a sound financial condition, and that Provider maintains a dedicated reserve in an amount sufficient to ensure that Provider's outstanding potential claims do not at any time exceed fifty (50) percent of the value of the reserve. Section 16 -General Indemnification (a) Each franchise agreement shall include, to the extent permitted by law, the non- Certificated Telecommunications Service Provider's express undertaking to defend, indemnify and hold the City and its officers, employees, agents and representatives harmless from and against any and all damages, losses and expenses, including reasonable attorney's fees and costs of suit or defense, arising out of, resulting from or alleged to arise out of or result from the negligent, careless or wrongful acts, omissions, failures to act or misconduct of the non- Certified Telecommunications Provider or its Affiliates, officers, employees, agents, contractors or subcontractors in the construction, operation, maintenance, repair or removal of its Telecommunications Facilities, and in providing or offering Telecommunications Services over the facilities or network, whether such acts or omissions are authorized, allowed or prohibited by this Ordinance or by a franchise agreement made or entered into pursuant to this Ordinance. (b) Certificated Telecommunications Service Providers shall provide City with the indemnity provided by Section 283.05, Local Government Code. Section 17 -Coordination of Construction Activities All Telecommunications Service Providers are required to cooperate with the City and with each other. (a) By February 1 of each year, Providers shall provide the City Manager or his or her designee with a schedule of their then known proposed construction activities in, around, or that may affect City Property or Public Rights-of-Way. (b) Each Provider shall meet with the City Manager or his or her designee, other Providers, and users of City Property and Public Rights-of-Way as determined by the City Manager or his or her designee, but in no case less than once a calendar year or more frequently than once a month, to schedule and coordinate construction on City Property and in Public Rights-of-Way. (c) All construction locations, activities and schedules shall be coordinated, as ordered by the City Manager or his or her designee, to minimize public inconvenience, disruption or damages. 18 Section 18 -Assignments or Transfers of Franchise by Non-Certificated Telecommunications Providers A franchise may not be transferred, assigned or disposed of by sale, lease, merger, or consolidation, by operation of law or otherwise, without the prior consent of the City, which consent shall not be unreasonably withheld or delayed, as expressed by ordinance and then only on such reasonable conditions as may be prescribed therein. Transactions between affiliated entities are not exempt from City approval. Transfer to a Certificated Telecommunications Service Provider shall not be subject to approval by the City. (a) Provider and the proposed assignee or transferee of the franchise shall provide and certify the following information to the City not less than one hundred and fifty (150) days prior to the proposed date of transfer: (1) Complete information setting forth the nature, terms and condition of the proposed transfer or assignment; (2) All information required of a telecommunications franchise applicant pursuant Article 3 of this Ordinance with respect to the proposed transferee or assignee; {3) Any other information reasonably required by the City. (b) No transfer shall be approved unless the assignee or transferee has the legal, financial and other requisite qualifications to own, hold and operate the Telecommunications Facilities covered by the franchise pursuant to this Ordinance. (c) Any transfer or assignment of the franchise, or any part thereof, without prior approval of the City under this Section or pursuant to a franchise agreement shall be void and is cause for revocation of the franchise. Section 19 -Revocation or Termination of Franchise of Non-Certificated Telecommunications Service Provider A franchise granted by the City to use or occupy City Property or Public Rights-of-Way by a non-Certificated Telecommunications Service Provider may be revoked for the following reasons: (a) Construction on City Property or in the Public Rights-of-Way at an unauthorized location. (b) Unauthorized sale, assignment or transfer of Provider's franchise, or a substantial interest therein. (c) Misrepresentation of a material fact by a Provider or any of the Provider's officers, employees or agents in any application to the City. (d) Unauthorized abandonment of Telecommunications Facilities on City Property or in the Public Rights-of-Way. 19 (c) Failure to relocate or remove facilities or the failure to reimburse the City for the involuntary relocation or removal of facilities as required in this Ordinance. (f) Failun; lU pny compemution. fees or cusls when anu as due the City. (g) lnsolvem.:y or bankruptt.:y of the Grantee. ( h l Viulation of material pro vis ions uf thi~ Ordinance. (i) Violation of the material terms of a franchise agrcemem. ~(·ttiun 20 -Notice and Opportunity to Cure ln the event that the City Manager beli~vcs that groumJs exist for revocation of a fn1m.:h~se, he or she shafl give the Provider written notice of the apparent violation or nonc.:ompliancl:, prov id in g. a short and com: isc statement or t ht.: nalurc and general facts of the violation or non~.:ompliancc, and providing the Proviucr a reasonable pcrimJ of time not exceeding thirty (30) days to furnish evidence: (a) That cot-rcc.:tive action has been taken. or is being actively anJ ~xptuitiously pursueJ. to r~medy tht: violation or nonc.:ompliam:L!. (b) Tl1at rebuts the;: allegeu violation or nun~.:umplianee. (c) Thai it woulu be in the public interest to impust.: some p~;nalty or sanction kss than rcvm.:ation. Section 2 t ~ Hearing In th<: ~VL!nt rhar a Provider fails ro proviuc cvillcncc reasonably :;atis rae.: tory LO the City Manager as proviued in Section 23 of this Artick. th~ Manager shall refer the apparent violation or non-c.:omplianc.:e to tht Governing Bolly. Tllc Governing Dudy sha11 provide the Provider with notic.:<: and a reasonable opportunity In bl:' heard concerning the matter. Section 22 -Standards fur ReYocation or Lesser Sanctions If p~rsuadccl that lhl' Proviuer has v]olalc.:u or failed lo {;umply with material provisions of this Ord i nanu:. ot· or a franchise agn;~mcnt, the Gowrning Body shall determine whether to revoke the franchise. or to establish some lesser sanction and c.:ur~;, considering the nature, cin.:umstam.:cs. extem and gravity of rhe violation as rellect~tl by one or more of rhe following factors: (a) Wlletht:r the 111 iscunduct was cgr~g ious. (11) Whether subst~ntinl harm 1\.:sulted. {~.:) Vv'hetht:r £he violation was intc:mional. (d) Whether Provider has a l1istory of prior v tolations of th!! same or other t·equirements. :w (e) Provider's history of overall compliance. (f) Whether Provider voluntarily disclosed, admitted, or cured the violation. ARTICLE6 CONSTRUCTION STANDARDS Section 1 -General No Person shall commence or continue with the construction, installation or operation of Telecommunications Facilities on City Property or within the Public Rights-of-Way except as provided in this Article. Section 2 -Construction Codes Telecommunications Facilities shall be constructed, installed, operated and maintained in accordance with all applicable federal, State and local codes, rules and regulations including the National Electrical Safety Code. Failure to observe such requirements shall be a violation of this Ordinance subject to misdemeanor criminal penalties. Section 3 -Construction Permits (a) No Person shall perform major construction work within the Public Rights-of-Way or on City Property without first obtaining a construction permit therefor, provided, however no construction work whatsoever may be undertaken, nor shall a permit be issued for the construction or installation of facilities on City Property or in the Public Rights-of-Way to provide Telecommunications Service within the City unless the Telecommunications Carrier has applied for and received a franchise pursuant to Article 3 of this Ordinance or is a Certificated Telecommunications Provider pursuant to Chapter 283, Local Government Code. (b) As used in this Article, major construction work means any construction, installation, maintenance, repair, or other work activities on City Property or within the public rights-of-way. the total estimated construction cost of which (excluding cost of plant) exceeds $25,000. Section 4 -Applications (a) Applications for permits to construct Telecommunications Facilities shall be submitted upon forms to be provided by the City and shall be accompanied by drawings, plans and specifications in sufficient detail to demonstrate: (1) That the facilities will be constructed in accordance with all applicable codes, rules and regulations. (2) The location and route of all above-ground facilities to be installed, including separate identification of any new poles. 21 (3) The location and route of all facilities to be located under the surface of the ground, including the line and grade proposed for the burial at all points along the route which are within the Public Rights-of-Way. (4) The location of all existing underground utilities, conduits, ducts, pipes, mains and installations which are within the Public Rights-of-Way along the underground route proposed by the applicant. (b) The City Manager or his or her designee may, in his or her discretion, require additional information to determine whether: (1) the construction methods to be employed will adequately protect existing structures, fixtures, and facilities within or adjacent to the Public Rights-of-Way. (2) a landscape plan for protecting, trimming, removing, replacing and restoring any trees or areas to be disturbed during construction is necessary. Section 5-Engineer's Certification All permit applications shall be accompanied by the certification of a registered professional engineer that the drawings, plans and specifications submitted with the application comply with applicable technical codes, rules and regulations. Section 6 -Traffic Control Plan All construction permit applications which involve work on, in, under, across, or along any Public Rights-of-Way shall be accompanied by a traffic control plan demonstrating the protective measures and devices that will be employed, consistent with the Uniform Manual of Traffic Control Devices, to prevent injury or damage to persons or property and to minimize disruptions to efficient pedestrian and vehicular traffic. Section 7 -Issuance of Permit Within ten (10) days after submission of all plans and documents required of the applicant under this Ordinance, the City Manager or his or her designee, if satisfied that the applications, plans and documents comply with all requirements of this Ordinance, shall issue a permit authorizing construction of the facilities, subject to such further conditions, restrictions or regulations affecting the time, place and manner of performing the work as he or she may deem necessary or appropriate. In the event that a Provider has a specific service request from a customer and upon written application to the City Manager or his or her designee, the City Manager or his or her designee may expedite the issuance of the permit or may issue a conditional permit, allowing the grantee to commence work on a day requested prior to the expiration of 10 days after submission of the application. The application for an expedited permit or for a conditional permit shall include all information normally required by this Article for a permit, and shall be supplemented by any additional information requested by the City Manager or his or her designee which would reasonably be calculated to support the granting of an expedited permit or conditional permit. The City Manager s approval, or that of his or her designee, will not be unreasonably withheld. 22 Section 8 -Construction Schedule The permittee shall submit a written construction schedule to the City Manager or his or her lksigncc five (5) working uays before commencing any work in or about the Public Rights-of-Way. The permittee shall further notify the City Manager or his or her designee not less than 1 working days in advance of any excavation or work in the Pub! ic Rights-of-Way. Section 9 -Compliance with Permit All construction practices and activities shall be in accordam:e with the permit and approved final plans and specifications for the facilities. The City Manager and his or her represematives shall be provided access to the work anu such further infnrmation as he or she may n.:qu in: to ensure com pi iancc with such requirements. Section I 0 -Display of Permit The permittee shall maintain a copy of the construction permit and approved plans at the construction site, which shall be displayed and made ;wailable for inspection hy the City Manager or his or her representatives at all times wht:n construction work is occurring. Section I I -Survl'y of Underground Facilities If the construction permit specifies the location of facilities by depth, line, grade, proximity to other facilities or other standard, the City Manager or his or her designee may require the penniuee to provide written verification. if reasonably necessary. of the location of such facilities hy a registered surveyor. If requested hy the City Manager or his or her designee, the permittee shall relocate any facilities that arc not located in compliance with permit requ in:mcnts. Sect ion 12 -Noncom pi Yin g Work Upon order of the City Manager or his or her ucsignce, all work thm docs not comply with the permit. the approved plans and specifications fur the work. or the requirements of this Oruinancc, shall he n.:moved. Section 13 -Completion of Construction The penniuec shall promptly complete all construction activities so as lu minimize disrupt ion of the Pub! ic Rights-of-Way and other pub! ic and private property. All construction work authorized hy a permit within Public Rights-of-Way. including restoration. must he completed within 120 days of the date of issuance, or hy sucllntller date as may he agreed upon by the City Manager or his or her Llesignec. Section 14 -As-Built Drawings Within sixty (60) days after completion of construction, the permittee shall furnish the City with a complete set of plans, certifying to the City that they accunuely depict the location of all Utility f-acilities constructed pursuant to the permit. II I' Section 15 -Rcstontlion or Improvements Upon c1.mlpletion of any construction work, the permittee shill I promptly repair or n.•store any and all Public Rights-of-Way. incluJing any and all publk and private fixtures, structures anJ fadlitics therein. 10 as good or better a conJition as befort! the stan of construction. Section 16 -Landscape Restoration (a) All trees. lanJscaping and grounds removed, Jamag~J or JisrurbeJ as a result of the construction. installatiun. maintenance. repair or rt!placerncnl of Telecommunications Facilities. shall h<: replaced (11" rcstorcJ as nearly as may be practicable. to at least as good conJition than priur tu pcrformancl.! of work by the pt!rmittt:e. <h) All rt:storation \vork within the Public Rights-of-Way sha(( he Jone in accon.lalll:c with lanJscapc plans approved by the City Manager or his or her Jcsignee. Section 17 -neSJ)OUSibility of Owner The DWilcr of the l~tdlitics to he constructeJ anJ. if Jiffcn.:nl. the Provider. arl.! responsible ror pcrrormancc ol' anJ compliance with all provisions of !his ArtiL:Il.!. Section 18 -Or·dinanccs Repealed /\II ordinam:l!s in conllict with this ordinance are hereby rcpcaleJ to lhl.! extent of any conflict. incluJing OrJinancc No. 9971, enacted February 13, 1997; OrJinanet! No. 9977. cnacteJ Man.:h 13. 1997: Ordinance No. 10057, enacted March 12. 1998; anJ OrJinancc No. 10076. cmlt:lcJ June :!5. 1998. AND IT IS SO ORDERED. PasscJ by the City Council on first reading on the 4th day of November 1999. Passed hy lhl! City Council on scconJ rcaJing on the~ day or December . 1999. ATTEST: l-l , ....... J(\ 1 _:J. '·) ~ 24 APPROVED AS TO CONTENT: APPROVED AS TO FORM: DdffELECOM.ORD-99 _Final.doc November 8, 1999 25