AgdaPkt 2012-02-27 - Laserfiche WebLink

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8.A. - Page 12 H. In the event of an emergency, or where a network creates or is contributing to an imminent danger to health, safety, or property, the City may remove, relay, or relocate any or all parts of that network without prior notice; however, the City shall make reasonable efforts to provide prior notice. I. A state franchise holder shall, on the request of any person holding a valid permit issued by a governmental authority, temporarily raise or lower its wires to permit the moving of buildings or other objects. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting the same, and the state franchise holder shall have the authority to estimate the reasonable material and labor costs and require payment of the same in advance. The state franchise holder shall be given not less than seven days advance notice to arrange for such temporary wire changes. J. A state franchise holder shall have the authority to trim trees that overhang public rights of way of the City so as to prevent the branches of such trees from coming in contact with the state franchise holder's network. Notwithstanding that grant of authority, if the state franchise holder performs the work, it shall be fully liable for any damages caused thereby, and shall be responsible for replacing damaged trees and shrubs. A state franchise holder shall be responsible for notifying affected property owners prior to trimming trees and shall obtain permission from the City arborist. At the option of the City, such trimming may be done by it and charged to the state franchise holder. K. The state franchise holder shall not install or erect any facilities or apparatus in or on other public property, places or rights of way, or within any privately owned area within the city which has not yet become a public street but is designated or delineated as a proposed public street on any tentative subdivision or parcel map approved by the City, except those installed or erected upon public utility facilities now existing without obtaining the prior written approval of the City Manager. L. Any contractor or subcontractor used for work or construction, installation, operation, maintenance, or repair of network equipment must be properly licensed under laws of the State and all applicable local ordinances, and each contractor or subcontractor shall have the same obligations with respect to its work as the state franchise holder would have under this Article and applicable law if the work were performed by state franchise holder. The state franchise holder shall be responsible for ensuring that the work of contractors and subcontractors is performed consistent with this Article and other applicable law, shall be responsible for all acts or omissions of contractors or subcontractors, shall be responsible for promptly correcting acts or omissions by any contractor or subcontractor, and shall implement a quality control program to ensure that the work is properly performed. This section is not meant to alter tort liability of a state franchise holder to third parties. Sec. 11.85 Publicizing proposed construction work. A. A state franchise holder shall publicize the initial build or, as determined by the City Engineer, any substantial rebuild or upgrade of its network, in each affected neighborhood at least one (1) week prior to commencement of that work by causing written notice of such construction work to be delivered to the City and by notifying those Persons whose property is within three hundred (300) feet of the work in at least two (2) of the following ways: by telephone, in person, by mail, by distribution of flyers to residences, by publication in local newspapers, or in any other manner reasonably calculated to provide adequate notice. Apart from any initial build or substantial rebuild or upgrade, any underground construction will be publicized in accordance with applicable notice requirements. In addition, before entering onto any Person's property, a state franchise holder shall contact the property owner or (in the case of residential property) the resident at least one (1) day in advance. If ATTY /ORDINANCE /ORD.360 /DIVCA (CH 11 ART III) REV: 11 /22/11 8