The purpose of this division is to:
(1)
Adopt
and comply with the Federal Telecommunication Law, including 47 U.S.C.,
section 253, and state law, including Local Government Code [chapter]
283, and any public utility commission rulings.
(2)
Exercise
the authority of the city to manage the public right-of-way, to ensure
the health, safety and welfare of the public in a nondiscriminatory
and competitively neutral way, and to require fair and reasonable
compensation from telecommunications providers for the use of city
rights-of-way.
(3)
Specify
other requirements for CTPs and non-CTPs, as defined herein.
(Ordinance 2005-32, sec. 1, adopted 11/8/05; 1957 Code, sec. 19-55)
In this division, the following definitions apply:
Has the same meaning as defined in Local Government Code
section 283.002(l) or as modified by the PUC.
A fee per access line as established by the public utility
commission, pursuant to Local Government Code section 283.005, compensating
the city for the use and occupancy of the public right-of-way by CTPs.
The one-way transmission to subscribers of video programming
and other programming services, together with subscriber interaction,
if any, which is required for the selection of such programming and
programming services that the person makes available to all subscribers
generally and may not include information that is subscriber specific
and as further defined in 47 USC section 522(5), with the 47 USC section
522(5) definition controlling.
A person who has been issued a certificate of convenience
and necessity, certificate of operating authority, or service provider
certificate of operating authority by the PUC to offer local exchange
telephone services in the city.
The City of Odessa, Texas, in its present configuration or
as it may be changed by annexation.
All real property owned by the city, other than public right-of-way
as that term is defined herein, and all other property held in a proprietary
capacity by the city that is not subject to public right-of-way licensing
as provided in this division.
The annual revised Consumer Price Index for All Urban Consumers
for Texas, as published by the Federal Bureau of Labor Statistics.
The volume or capacity in any existing or future duct, conduit,
manhole, handhole or other utility facility within the public right-of-way
that is or will be available for use for additional telecommunications
facilities.
The federal administrative agency, or lawful successor, authorized
to regulate and oversee telecommunications carriers, services and
providers on a national level.
The mayor and city council.
Has the meaning assigned by section 51.002, Utilities Code.
Any construction, installation, maintenance, repair, or other
work activities on city property or within the public right-of-way,
when the construction work would include any street cuts or breaks
in the concrete, asphalt or similar hard surface of a fabricated road
bed (this does not include disturbance of the natural soil in a right-of-way
that is not covered by such hard surfaces and which may be adjacent
to the fabricated road bed), or construction that would take longer
than one day.
A person who has not been issued a certificate of necessity
and convenience by the commission but has telecommunications facilities
in, on or under city property or the public right-of-way in the city.
Utility poles, utility facilities and telecommunications
facilities located above the surface of the ground, including the
underground supports and foundations for such facilities.
Includes corporations, companies, associations, joint stock
companies or associations, firms, partnerships, joint ventures, limited
liability companies and individuals, and includes their lessors, trustees
and receivers.
A non-switched telephone circuit dedicated for use between
specific locations identified by an end-user customer.
The area on, below, or above a public roadway, highway, street,
public sidewalk, alley, waterway, or utility or access easement in
which the municipality has an interest. The term does not include
the airways above a right-of-way with regard to wireless communications
and does not include city infrastructure such as poles, bridges, water
and sewer pipe or conduit and city property.
The state administrative agency, or lawful successor, authorized
to regulate and oversee telecommunications carriers, services and
providers in the state.
The State of Texas.
That portion of the usable space on a utility pole that has
the necessary clearance from other pole users to allow its use by
a telecommunications carrier for a pole attachment.
The plant, equipment and property, including but not limited
to cables, wires, conduits, ducts, pedestals, poles, antennae, electronics
and other appurtenances, used by a telecommunications provider or
to be used to transmit, receive, distribute, provide or offer telecommunications
service.
Both CTPs and non-CTPs.
Telecommunications facilities located under the surface of
the ground, excluding the underground foundations or supports for
overhead facilities.
The total distance between the top of a utility pole and
the lowest possible attachment point that provides the minimum necessary
vertical clearance.
(Ordinance 2005-32, sec. 1, adopted 11/8/05; 1957 Code, sec. 19-56)
(a)
Filing of current contact.
All telecommunications providers
must maintain on file with the director of public works of the city
a current contact for the telecommunications provider, including the
name, title, address and telephone number.
(b)
Filing of annual construction schedule.
Upon request,
and to the extent reasonably known, on or about February 1 of each
year, telecommunications providers shall provide the director of public
works with a schedule of known proposed construction projects in or
around the city that may affect city property or public right-of-way
during the calendar year, excluding any customer specific or network
confidential or proprietary information. This schedule may be supplemented
throughout the year, with information from permit requests.
(c)
Emergency work.
If there is an emergency necessitating
response work or repair, a telecommunications provider may begin that
repair or emergency response work or take any action required under
the circumstances, provided that the telecommunications provider notifies
the affected municipality as promptly as possible after beginning
the work and later acquires any approval required by a municipal ordinance
applicable to emergency response work.
(d)
Nonemergency work.
Unless otherwise provided in this
division, no telecommunications provider nor any person acting on
the telecommunications provider’s behalf shall commence any
nonemergency work that disturbs the surface of the right-of-way or
obstructs the right-of-way in or about city property or public right-of-way
without the provision of advance written notice to the city engineer,
which may be provided by an electronic fax, in a form mutually approved
by the city and telecommunications provider, at least twenty-four
(24) hours prior to commencement except in the following instances:
(1)
Minor construction.
Ordinary repair and maintenance
and service activations (service drops) and other such minor construction
which does not involve street cuts or breaks in the concrete, asphalt
or similar hard surface of a fabricated road bed (this does not include
disturbance of the natural soil in a right-of-way that is not covered
by such hard surfaces and which may be adjacent to the fabricated
road bed) or construction that takes less than one day.
(2)
Tests and surveys.
Tests and surveys conducted by a
telecommunications provider which do not interfere with the use of
the right-of-way by the public.
(e)
Major construction work.
All telecommunications providers
performing major construction work are required to first obtain construction
permits to the extent and in the manner required in part III of this
division.
(f)
Right-of-way fee.
The compensation to be paid to the
city as a right-of-way fee from CTPs has and shall continue to be
determined based on Local Government Code, chapter 283, and rulings
of the public utility commission. This provision may be expanded or
limited based on state and federal statutes and regulations.
(g)
Cable service.
This division does not apply to the provision
of cable service, and one must comply with such terms and conditions
as may be required by state and federal law and city ordinance.
(h)
City consent required of non-CTPs.
Except for CTPs,
all users of the ROW or city property shall obtain a separate written
consent or franchise from the city and pay the city reasonable and
nondiscriminating compensation for use of the city’s public
right-of-way.
(i)
The requirements set forth in division 4 of this article (right-of-way construction by franchised utility companies) are superseded by this division regarding telecommunications providers.
(j)
Duty to provide information.
(1)
Within twenty (20) days of a written request from the director of
public works, specifying the sections of this division where there
is a concern with telecommunications providers’ compliance,
or his or her representative, to each telecommunications provider
[sic] shall furnish the city with information sufficient to demonstrate
that telecommunications provider has complied with the requirements
of this division in specified sections.
(2)
CTPs shall provide copies of all reports and documents required by
state law to be filed with the city and related to the use of public
right-of-way and authorized by chapter 283 of the Local Government
Code. All books, records, maps and other documents maintained by the
CTP with respect to its facilities on city property or within the
public right-of-way shall be made available for inspection by the
city at reasonable times and intervals. However, the city’s
right to examine the CTP’s books and records expressly excludes
the right to examine any records, documents or other writings the
disclosure of which is prohibited by state or federal law, including
the Electronic Communications Privacy Act, 18 U.S.C. section 2701
et seq.
(Ordinance 2005-32, sec. 1, adopted 11/8/05; 1957 Code, sec. 19-57)
(a)
Interference with improvements.
Telecommunications providers
shall not interfere with any existing improvements within the city’s
right-of-way without the written consent of the director of public
works and the person owning the improvements. Improvements shall be
those owned by the city or state, or any telephone, electric or cable
company or other public utility.
(b)
Moving improvements.
No improvements owned by the city shall be moved within the city’s right-of-way to accommodate the telecommunications provider unless the cost of such work be borne by the telecommunications provider and approval [has been obtained] as provided in subsection (a). The cost of moving privately owned improvements shall be similarly borne by the telecommunications provider unless it makes other arrangements with the person owning the improvements. Improvements shall be those owned by the city or state, or any telephone, electric or cable company or other public utility.
(c)
Protection of improvements.
A telecommunications provider
shall protect any improvements within the city’s right-of-way
which may be in any way affected by its work, provided that the telecommunications
provider has notice of the existence and approximate location of such
improvements. Improvements shall be those owned by the city or state,
or any telephone, electric or cable company or other public utility.
A telecommunications provider will be deemed to have notice of the
existence and approximate location of improvements in the following
instances:
(1)
Where the improvements and location thereof are shown on any map,
plat or drawing on file with the city engineer;
(2)
Where an improvement is visible or if any portion of an improvement
located underground is connected to any related equipment or facility
which is located above ground in the immediate vicinity; and
(3)
Where a building, structure or house is located on property abutting
the city right-of-way, a CTP is deemed to have notice of the normal
location of any gas, water and sewer, cable, electric or telephone
facilities serving such property.
(d)
Duty of owner of improvements.
If the telecommunications
provider has notice of the approximate location of an improvement,
other than improvements owned by the city, but cannot readily determine
the exact location thereof, such telecommunications provider shall
request the owner of such improvements to determine its location,
and the owner shall thereupon be responsible for determining and pointing
out to such telecommunications provider by appropriate means the location
of any such improvement.
(Ordinance 2005-32, sec. 1, adopted 11/8/05; 1957 Code, sec. 19-58)
The telecommunications provider shall prosecute with diligence
and expedition all excavation work in the public right-of-way, abiding
by all health and safety standards, and shall promptly complete such
work and restore the public right-of-way to the condition in existence
prior to the commencement of work. Nothing herein shall prevent the
city from asserting a claim against the telecommunications provider
for incomplete or defective work if discovered within twelve (12)
months from written notice of the completion of the work. The city
engineer’s presence during the performance of any work shall
not relieve the telecommunications provider of its responsibilities
hereunder. The notice of completion shall be a written acknowledgement
by the telecommunications provider:
(1)
Of
the completion of the work in accordance with the permit, if a permit
was required; and
(2)
Stating
that the public right-of-way has been restored to the condition in
existence prior to the commencement of work.
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Such notice shall be effective when it is delivered to the city
engineer or other official as designated by the city.
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(Ordinance 2005-32, sec. 1, adopted 11/8/05; 1957 Code, sec. 19-59)
(a)
Subject
to the requirements of sections 283.056 and 283.057 [of the Local
Government Code], a CTP that complies with chapter 20 and PUC orders
issued under that chapter:
(b)
All
use of a public right-of-way is nonexclusive and subject to Local
Government Code section 283.056.
(Ordinance 2005-32, sec. 1, adopted 11/8/05; 1957 Code, sec. 19-60)
CTPs shall indemnify the city in accordance with Local Government
Code section 283.057 and hold the municipality and its officers and
employees harmless against any and all claims, lawsuits, judgments,
costs, liens, losses, expenses, fees (including reasonable attorney’s
fees and costs of defense), proceedings, actions, demands, causes
of action, liability, and suits of any kind and nature, including
personal or bodily injury (including death), property damage, or other
harm for which recovery of damages is sought that is found by a court
of competent jurisdiction to be caused solely by the negligent act,
error, or omission of the CTP, any agent, officer, director, representative,
employee, affiliate, or subcontractor of the CTP, or the respective
officers, agents, employees, directors, or representatives, while
installing, repairing, or maintaining facilities in a public right-of-way.
The indemnity provided by this section does not apply to any liability
resulting from the negligence of the municipality, its officers, employees,
contractors, or subcontractors. If a CTP and the municipality are
found jointly liable by a court of competent jurisdiction, liability
shall be apportioned comparatively in accordance with the laws of
this state, without, however, waiving any governmental immunity available
to the municipality under state law and without waiving any defenses
of the parties under state law. This section is solely for the benefit
of the municipality and the CTP and does not create or grant any rights,
contractual or otherwise, to any other person or entity.
(Ordinance 2005-32, sec. 1, adopted 11/8/05; 1957 Code, sec. 19-61)
(a)
Unreasonable interference with city facilities.
The
city has a priority on location of facilities within the public right-of-way.
Before a telecommunications provider constructs, installs or locates
any of its facilities along or adjacent to any existing or proposed
public right-of-way, telecommunications providers shall contact the
city and verify that the telecommunications provider’s proposed
construction, installation or location of its facilities will not
conflict or interfere with an existing or proposed expansion of an
existing public right-of-way or construction of a new public right-of-way.
If the proposed telecommunications provider location will unreasonably
interfere with existing city facilities or facilities to be located
on such public right-of-way within a period of one (1) year, the telecommunications
provider shall be provided, to the extent available, a reasonable
alternative location.
(b)
Minimal interference with public use.
The telecommunications provider’s facilities shall be erected and maintained in a manner that causes minimal interference with the public’s use of the public right-of-way and with the rights or reasonable convenience of the owners of property which adjoins any of the public right-of-way. Prior to the undertaking of major construction that requires placement of equipment or other physical use of the public right-of-way, the telecommunications provider shall provide at least twenty-four (24) hours’ advance notice to the owners or occupants of private property adjacent to the public right-of-way that will be affected, which notice may be provided by door hangers or other public postings. In the event of emergency work as described in section 3-15-293(c), notice shall be provided as promptly as possible. The telecommunications provider shall comply with all applicable rules, regulations and requirements of the city, including, but not limited to, those related to permissible hours of construction, operations during peak traffic hours, barricading requirements and any other construction rules or regulations that may be promulgated from time to time. In addition, during any such work, the telecommunications provider shall provide construction and maintenance signs and sufficient barricades at work sites to protect the public. The application of such traffic-control devices shall be consistent with the standards and provisions of the Texas Manual on Uniform Traffic Control Devices. The surface of the public right-of-way disturbed by the telecommunications provider in the construction or maintenance of its telecommunications system shall be restored within a reasonable time after the completion of the work to as good a condition as before the commencement of the work.
(c)
Underground facilities.
With the exception of service
connections, the telecommunications provider shall bury or have buried
any of its underground facilities at least two (2) feet below the
surface of the public right-of-way and shall place markers at intervals
reasonably required to alert the general public of the presence of
such facilities. In any area of the city where the city currently
or may in the future require public utilities to place their facilities
underground, then the telecommunications provider shall also place
its facilities underground.
(d)
Joint use of facilities.
In order to avoid an undue
burden on the infrastructure of the public right-of-way and an unnecessary
proliferation of facilities above the public right-of-way, the telecommunications
provider shall make a good faith effort to permit the joint use or
co-location of its poles, conduits and facilities located in the public
right-of-way by other utilities and entities, provided that the telecommunications
provider may require any such users to pay a reasonable fee and enter
into a reasonable agreement with telecommunications provider for such
use.
(e)
Relocation of facilities.
The telecommunications provider
shall protect, support, disconnect, relocate or remove from the public
right-of-way any portion of its facilities and when required by the
city due to street widening or straightening it shall be at the telecommunications
provider’s sole cost and expense, and for other city projects
requiring such relocation it is at the telecommunications provider’s
cost to the fullest extent as otherwise allowed by law.
(f)
Temporary relocation of facilities.
Upon reasonable
advance notice, based on the extent of the requested move, the telecommunications
provider shall temporarily raise or lower its wires, cables or other
similar facilities upon the reasonable request of any person or entity,
including, but not limited to, a person or entity with a building
moving permit issued by the city. The telecommunications provider
may charge a reasonable fee for this service, and may require payment
in advance, but such fee shall not exceed the actual and direct costs
incurred by the telecommunications provider in the temporary relocation
of such facilities.
(g)
Fences or other encroachments in right-of-way.
The city
does not assume any responsibility for fences or other encroachments
placed on a public right-of-way.
(h)
Applicability of right-of-way ordinance.
Except to the extent that it is superseded by this division in section 3-15-293(i) or by state or federal law, the right-of-way ordinance, which is contained in division 3 of this article, is applicable to telecommunications providers.
(Ordinance 2005-32, sec. 1, adopted 11/8/05; 1957 Code, sec. 19-62)
The owner of the facilities to be constructed and, if different,
the telecommunications provider, are both responsible for performance
of and compliance with all provisions of this division.
(Ordinance 2005-32, sec. 1, adopted 11/8/05; 1957 Code, sec. 19-63)
All facilities shall be constructed, installed and located in
accordance with the following terms and conditions:
(1)
A
telecommunications provider is encouraged to install its telecommunications
facilities within an existing underground duct or conduit whenever
excess capacity exists within such telecommunications facility.
(2)
A
telecommunications provider with permission to install overhead facilities
is encouraged to 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 are necessary taking into consideration existing
improvements and the need of the public for travel, transportation
and public utilities.
(3)
Whenever
any existing electric utilities, cable facilities or telecommunications
facilities are located underground within a public right-of-way of
the city, a CTP with permission to occupy the same public right-of-way
must also locate its telecommunications facilities underground, absent
a compelling demonstration by the telecommunications provider that
this requirement is not reasonable or feasible in any specific instance.
(4)
Whenever
any new or existing electric utilities, cable facilities or telecommunications
facilities are located or relocated underground within a public right-of-way,
the city may require a telecommunications provider that currently
occupies the same public right-of-way to relocate its telecommunications
facilities underground within a reasonable period of time, and when
it is due to street widening or straightening it shall be at the telecommunications
provider’s sole cost and expense, and for other city projects
requiring such relocation it is at the telecommunications provider’s
cost to the fullest extent as otherwise allowed by law.
(5)
In
determining whether any requirement under this section is unreasonable
or not feasible, the director of public works or his or her designee
shall consider, among other things, whether the requirement would
subject the telecommunications provider to an unreasonably increased
risk of service interruption, or to an unreasonably increased liability
for accidents, or to an unreasonable delay in construction or to the
unavailability of its services, or to any other unreasonable technical
or economic burden.
(Ordinance 2005-32, sec. 1, adopted 11/8/05; 1957 Code, sec. 19-64)
No telecommunications provider or any person acting on a telecommunications
provider’s behalf shall take any action or permit any action
to be done which may impair or damage any city property, public right-of-way,
or other property located in, on or adjacent thereto.
(Ordinance 2005-32, sec. 1, adopted 11/8/05; 1957 Code, sec. 19-65)
Each telecommunications provider shall maintain its facilities
in good and safe condition and in a manner that complies with all
applicable law.
(Ordinance 2005-32, sec. 1, adopted 11/8/05; 1957 Code, sec. 19-66)
(a)
Within
thirty (30) days following written notice from the city, any telecommunications
provider or other person that owns, controls or maintains any unauthorized
telecommunications facilities or related appurtenances on city property
or within the public right-of-way shall, at its own expense, remove
such facilities or appurtenances from city property or the public
right-of-way. The following telecommunications facilities are unauthorized
by this division and are subject to removal in the following circumstances:
(1)
When there is an abandonment of a facility on city property or within
the public right-of-way of the city and removal is necessary to accommodate
city or other public utility improvements. There is a presumption
of abandonment if telecommunications facilities or related appurtenances
are not used for a period of one year. Such presumption may be rebutted
by the telecommunications provider by documentation of nonabandonment
or by documentation of future use as a telecommunications provider
of last resort.
(2)
When a facility was constructed or installed without the prior issuance
of a required construction permit.
(3)
When the telecommunications provider locates or maintains its telecommunications
facilities so as to unreasonably interfere with the use of city property
or the public right-of-way if such telecommunications facilities were
either constructed or installed without the prior issuance of a construction
permit or were installed in noncompliance with the issued permit.
(b)
If after proper notice the owner fails or refuses to remove or abate the facilities in question, the city retains the right and privilege to remove or abate any such telecommunications 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 carrier or any telecommunications provider for any damages to any telecommunications 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. This section does not in any way affect the city’s rights to require relocation of telecommunications facilities in accordance with section 3-15-298(e) or section 3-15-300.
(Ordinance 2005-32, sec. 1, adopted 11/8/05; 1957 Code, sec. 19-67)
The city retains the right and privilege to take such actions
as necessary, appropriate or useful in response to any public health
or safety emergency. The city shall cooperate to the extent possible
with the telecommunications provider in such instances to assure continuity
of service, and to afford the telecommunications provider the opportunity
to make such relocation and/or removal itself where deemed reasonable
in light of the circumstances, at the city’s sole discretion.
(Ordinance 2005-32, sec. 1, adopted 11/8/05; 1957 Code, sec. 19-68)
By the adoption of this division, the city does not waive its
sovereign immunity or waive any rights it may have not to be sued
in court. This section does not in any way alter sovereign immunity
as it may apply to the city under state law, now or in the future.
(Ordinance 2005-32, sec. 1, adopted 11/8/05; 1957 Code, sec. 19-69)
(a)
When
a telecommunications provider, or any person acting on a telecommunications
provider’s behalf, does any work in or affecting any public
rights-of-way or city property, it shall, at its own expense, within
seven days, unless such period is extended by the city, remove any
obstructions therefrom and restore such public right-of-way or city
property to as good a condition as existed before the work was undertaken.
(b)
If
weather or other conditions do not permit the complete restoration
required by this section, and the public health or safety is in jeopardy,
the telecommunications provider shall temporarily restore the affected
ways or property. Such temporary restoration shall be at the telecommunications
provider’s sole expense and the telecommunications provider
shall promptly undertake and complete the required permanent restoration
when the weather or other conditions no longer prevent such permanent
restoration.
(c)
A
telecommunications provider or other person acting in its behalf shall
use suitable barricades, flags, flagmen, lights, flares and other
measures as required for the safety of all members of the general
public and to prevent injury or damage to any person, vehicle or property
by reason of such work in or affecting such ways or property.
(Ordinance 2005-32, sec. 1, adopted 11/8/05; 1957 Code, sec. 19-70)
(a)
Within
a reasonable time after completing any new construction of or expansion
of existing telecommunications facilities, but in no case more than
sixty (60) days after such completion, a telecommunications provider
shall provide the city with maps, which shall be digital if possible,
indicating the location of all such new or expanded telecommunications
facilities. If the information provided under this section includes
information expressly and reasonably designated in writing on the
maps provided by the telecommunications provider as a trade secret
or other confidential information protected from disclosure by state
law, and meets the attorney general’s standards for submission
of public information questions to the attorney general, the city
and its employees may not disclose that information to the public
without the consent of the telecommunications provider, unless otherwise
compelled by an opinion of the attorney general pursuant to the Texas
Public Information Act, as amended, or by a court having jurisdiction
of the matter.
(b)
Each
telecommunications provider shall maintain existing maps of all of
the telecommunications provider’s telecommunications facilities
located on city property or within the public right-of-way. As soon
as practicable upon request from the city, the telecommunications
provider shall provide the city local access to any portion of those
maps showing the location of the telecommunications provider’s
facilities within the public right-of-way or on city property in any
specific geographic area designated by the city. In the event the
telecommunications provider does not disclose or incorrectly identifies
the location of its underground telecommunications facilities when
requested by the city or when such marking of the location is otherwise
required by law, the city shall have no liability for damage to such
undisclosed or misidentified telecommunications facilities. This section
is not intended to and does not alter or expand the indemnity liability
of a certificated telecommunications provider under chapter 283 of
the Local Government Code.
(Ordinance 2005-32, sec. 1, adopted 11/8/05; 1957 Code, sec. 19-71)
(a)
Except as provided in subsection (c) below, each telecommunications provider shall, as a condition of the grant, secure and maintain the following liability insurance policies insuring both the telecommunications provider and the city, and its elected and appointed officers, officials, agents and employees as additional insureds:
(1)
General liability insurance with limits not less than:
(2)
Automobile liability for owned, nonowned and hired vehicles with
a limit of three million dollars ($3,000,000.00) for each person and
three million dollars ($3,000,000.00) for each accident.
(3)
Worker’s compensation within statutory limits and employer’s
liability insurance with limits of not less than one million dollars
($1,000,000.00).
(4)
Comprehensive form premises-operations, explosions and collapse hazard,
underground hazard and products completed hazard with limits of not
less than three million dollars ($3,000,000.00).
(b)
The
liability insurance policies required by this section shall be maintained
by the telecommunications provider throughout the term of the telecommunications
franchise and any such other period of time during which the telecommunications
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
attorney of such intent to cancel or not to renew.” 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 telecommunications
provider shall obtain and furnish to the city replacement insurance
policies meeting the requirements of this section.
(c)
The
city will accept certificates of self-insurance issued by the state,
or letters written by the telecommunications provider in those instances
where the state does not issue such certificates, which provide the
same coverage as required herein. The city has the right to require
proof of financial stability prior to accepting the proof of self-insurance,
provided that defense of the city shall be comparable as provided
by an insurance carrier.
(d)
The
city attorney reserves the right to review the insurance requirements
and to reasonably adjust insurance coverage and limits when the city
attorney determines that changes in statutory law, court decisions,
or the claims history of the industry or the telecommunications provider
require adjustment of the coverage.
(Ordinance 2005-32, sec. 1, adopted 11/8/05; 1957 Code, sec. 19-72)
When any notice or information is required by this division
and can reasonably be provided by a certified telecommunications provider
to the city by e-mail, the telecommunications provider can satisfy
such requirement by use of e-mail directed to the current e-mail address
of the director of public works or his designee.
(Ordinance 2005-32, sec. 1, adopted 11/8/05; 1957 Code, sec. 19-89)
