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8.A. - Page 10 <br />B. The City Engineer shall, in the exercise of reasonable discretion as permitted by state law, <br />either approve or deny a state franchise holder's application for any permit required under <br />Chapter 29 within sixty (60) days of receiving a complete permit application from the state <br />franchise holder. <br />C. If the City Engineer denies a state franchise holder's application for a permit, the City <br />Engineer shall, at the time of notifying the applicant of denial, furnish to the applicant a <br />detailed explanation of the reason or reasons for the denial. <br />D. A state franchise holder that has been denied a permit by final decision of the City Engineer <br />may appeal to the City Council with the time frame set forth and consistent with the <br />provisions contained in Chapter 1 of this Municipal Code. The City Engineer shall transmit to <br />the Council all maps, diagrams, records, papers, and files that constitute the record in the <br />action from which the appeal was taken. <br />E. The issuance of a permit under Chapter 29 of this Code is not a franchise, and does not <br />grant any vested rights in any location in the public rights of way, or in any particular manner <br />of placement within the rights of way. Without limitation, a permit to place cabinets and <br />similar appurtenances aboveground may be revoked and the permittee required to place <br />facilities underground, upon reasonable notice to the permittee. <br />Sec. 11.84 Construction standards. <br />A. The construction, operation, or repair and maintenance of a state franchise holder's network <br />shall be in accordance with all applicable Federal, State and local laws, including without <br />limitation, zoning laws, construction codes, and the City's standard provisions and details. In <br />addition, the construction, operation and maintenance shall be performed in a manner <br />consistent with high industry standards, which obligation shall, without limitation, require a <br />state franchise holder to comply with the latest edition of the listed manuals which are <br />available at the time of submission of the construction and /or maintenance request: this <br />includes, but is not limited to, AT &T Manual of Construction Procedures (Blue Book); and a <br />state franchise holder's Construction Procedures Manual. In the event of a conflict among <br />codes and standards, the most stringent code or standard shall apply (except insofar as that <br />standard, if followed, would result in a system that could not meet requirements of Federal, <br />State or local law). Where there is a conflict in construction standards, the City Engineer <br />shall be responsible for making the final determination as to which standard to apply. <br />A state franchise holder shall at all times employ reasonable care, within the meaning of <br />applicable law, and shall install and maintain in use commonly accepted methods and <br />devices preventing failures and accidents that are likely to cause damage, injury, or <br />nuisance to the public. Without limiting the foregoing, all of a state franchise holder's <br />network shall be constructed, operated and maintained in accordance with good engineering <br />practices, performed by experienced and properly trained maintenance and construction <br />personnel. <br />B. Except in underground utility service areas, a state franchise holder's network may be <br />constructed overhead where poles now exist and electric and telephone lines are now <br />overhead, but where either electric or telephone lines are underground, or are being initially <br />placed underground, the network shall be constructed underground in accordance with <br />existing City practices at the time the network is constructed subject to any waivers that may <br />be granted. Whenever and wherever the owner of the poles moves its plant from overhead <br />to underground placement in an area, all network facilities and plant in that area shall be <br />similarly moved underground by the state franchise holder as directed by the City Engineer <br />or his or her designee in accordance with then - existing City practices, subject to any waivers <br />that may be granted. The City will cooperate in good faith with a state franchise holder in <br />ATTY /ORDINANCE /ORD.360 /DIVCA (CH 11 ART III) <br />REV: 11 /22/11 6 <br />