A. 
All grantees, before commencing any construction in the rights-of-way, shall comply with all requirements of this chapter, except to the extent that the City and the grantee agree to different terms in a master permit/franchise agreement.
B. 
All grantees shall provide written confirmation sufficient for customary land survey and land title insurance purposes concerning the location of its facilities in rights-of-way and disclaiming any interest in rights-of-way where it has no franchise to construct or operate its facilities.
(Ord. 2743 § 1, 2019)
No grantee may locate or maintain its telecommunications facilities so as to unreasonably interfere with the use of the rights-of-way by the City, by the general public or other persons, or other persons authorized to use or be present in or upon the rights-of-way. All such facilities shall be moved by and at the expense of the grantee, temporarily or permanently, as determined by the City.
(Ord. 2743 § 1, 2019)
No grantee or any person acting on a grantee's behalf shall take any action or permit any action to be done which may impair or damage any rights-of-way, including specifically City property, real or personal, or public ways or other property located in, on or adjacent thereto except in accordance with this chapter.
(Ord. 2743 § 1, 2019)
Unless otherwise provided in a franchise agreement, no grantee, or any person acting on the grantee's behalf, shall commence any nonemergency work in or about rights-of-way. Any private property owner whose property will be affected by a grantee's work shall be afforded 10 working days' advance written notice of such work.
(Ord. 2743 § 1, 2019)
In the event of an emergency or an emergency repair necessary to protect the public, restore service or mitigate further damage to the system, a grantee may commence such repair and emergency response work as required under the circumstances; provided, the grantee shall notify the City Engineer, or other department as the City Manager may designate, as promptly as possible, before such repair or emergency work or as soon thereafter as possible if advance notice is not practicable.
(Ord. 2743 § 1, 2019)
Each grantee shall maintain its facilities in good and safe condition and in a manner that complies with all applicable federal, state and local requirements.
(Ord. 2743 § 1, 2019)
Within 30 days following written notice from the City, a grantee shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any telecommunications facilities within the rights-of-way whenever the City Engineer, or other department as the City Manager may designate, shall have determined that such removal, relocation, change or alteration is reasonably necessary for:
A. 
The construction, repair, maintenance or installation of any City or other public improvement in or upon the rights-of-way;
B. 
The operations of the City or other governmental entity in or upon the rights-of-way;
C. 
The vacation of a street or the release of a utility easement.
(Ord. 2743 § 1, 2019)
Within 30 days following written notice from the City Engineer, or other department as the City Manager may designate, any grantee, service provider, or other person that owns, controls or maintains any unauthorized telecommunications system, facility or related appurtenances within the rights-of-way shall, at its own expense, remove such facilities or appurtenances from the rights-of-way. If such grantee fails to remove such facilities or appurtenances, the City may cause the removal and charge the grantee for the costs incurred. A telecommunications system or facility is unauthorized and subject to removal in the following circumstances:
A. 
Upon expiration or termination of the grantee's franchise;
B. 
Upon abandonment of a facility within the rights-of-way;
C. 
If the system or facility was constructed or installed without the prior grant of a franchise;
D. 
If the system or facility was constructed or installed without the prior issuance of a required utility right-of-way;
E. 
If the system or facility was constructed or installed at a location not permitted by the grantee's franchise;
F. 
Any such other reasonable circumstances deemed necessary by the City Engineer, or other department as the City Manager may designate.
(Ord. 2743 § 1, 2019)
If a grantee is required to relocate, change or alter the telecommunications facilities constructed, operated and/or maintained hereunder and fails to do so, the City may cause such to occur.
(Ord. 2743 § 1, 2019)
The City retains the right and privilege to cut or move any telecommunications facilities located within the rights-of-way as the City may determine to be necessary, appropriate or useful in response to any public health or safety emergency.
(Ord. 2743 § 1, 2019)
Unless directly and proximately caused by the willful, intentional or malicious acts of the City, the City shall not be liable for any damage to or loss of any telecommunications facility within 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 in the rights-of-way by or on behalf of the City.
(Ord. 2743 § 1, 2019)
Restoration shall comply with the requirements outlined in MTMC § 12.20.400. Additionally:
A. 
When a grantee, or any person acting on its behalf, does any work in or affecting any rights-of-way, or any other property, it shall, at its own expense, promptly remove any obstructions therefrom and restore such ways or property to the same condition which existed before the work was undertaken.
B. 
If weather or other conditions do not permit the complete restoration required hereunder, the grantee shall temporarily restore the affected rights-of-way or other property. Such temporary restoration shall be at the grantee's sole expense and the grantee shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration.
C. 
A grantee or other person acting on 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 rights-of-way or any other property.
(Ord. 2743 § 1, 2019)
Each grantee shall provide the City with an accurate as-built map or maps certifying the location of all telecommunications facilities within the City and particularly within rights-of-way. Each grantee shall provide updated as-built maps within 30 days upon request.
(Ord. 2743 § 1, 2019)
Within 10 days of a written request from the City Engineer, or other department as the City Manager may designate, each grantee shall furnish the City Engineer, or other department as the City Manager may designate, with information sufficient to demonstrate that:
A. 
The grantee has complied with all requirements of this chapter;
B. 
All fees due the City in connection with the telecommunications services and facilities provided by the grantee have been properly collected and paid by the grantee;
C. 
All books, records, maps and other documents maintained by the grantee with respect to its facilities within rights-of-way shall be made available for inspection by the City Engineer, or other department as the City Manager may designate, at reasonable times and intervals.
(Ord. 2743 § 1, 2019)
Subject to the provisions of this chapter, a grantee shall have the right to offer or provide capacity or bandwidth to another telecommunications provider, with prior City approval; provided, that:
A. 
The grantee shall furnish the City in advance with a copy of any such proposed lease or agreement.
B. 
The proposed lessee or person shall comply with all of the requirements of this chapter.
(Ord. 2743 § 1, 2019)
Unless otherwise provided, each grantee shall, as a condition of the grant, secure and maintain the following liability insurance policies insuring both the grantee and the City, and its elected and appointed officers, officials, agents, representatives and employees as additional insureds:
A. 
Comprehensive general liability insurance.
B. 
Worker's compensation within statutory limits and employer's liability insurance.
C. 
Comprehensive insurance for premises operations, explosions and collapse hazard, underground hazard and products completed hazard policies.
D. 
The liability insurance policies required by this section shall be maintained at all times by the grantee. 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.
E. 
Within 60 days after receipt by the City of said notice, and in no event later than 30 days prior to said cancellation, the grantee shall obtain and furnish to the City replacement insurance policies meeting the requirements of this chapter.
F. 
Grantee may self-insure, or keep in force a self-insurance retention plus insurance, for any or all of the above coverage. Grantee will maintain on file with the City proof of self-insurance acceptable to the City, certifying the coverage required above.
(Ord. 2743 § 1, 2019)
In addition to and distinct from the insurance requirements of this chapter, each grantee hereby agrees to defend, indemnify and hold the City and its officers, officials, employees, agents and representatives harmless from and against any and all damages, losses and expenses, including reasonable attorneys' fees and costs of suit or defense arising out of, resulting from or alleged to arise out of or result from the acts, omissions, failure to act or misconduct of the grantee 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 chapter or by a franchise agreement made or entered into pursuant to this chapter.
(Ord. 2743 § 1, 2019)
Before a franchise granted pursuant to this chapter is effective, and as necessary thereafter, the grantee shall provide and deposit such monies, bonds, letters of credit or other instruments in form and substance acceptable to the City as may be required by the City of Mountlake Terrace, or by an applicable franchise or other applicable code, ordinance, resolution or rules and regulations of the City.
(Ord. 2743 § 1, 2019)
The City may require at its discretion that each grantee shall establish a permanent security fund with the City by depositing an amount not to exceed $100,000 with the City in cash, an unconditional letter of credit, or other instrument acceptable to the City, which fund shall be maintained at the sole expense of the grantee so long as any of the grantee's telecommunications facilities are located within rights-of-way. This security fund shall be separate and distinct from any other bond or deposit required.
A. 
The fund shall serve as security for the full and complete performance of the grantee's obligations under this chapter, including any costs, expenses, damages or loss the City pays or incurs because of any failure attributable to the grantee to comply with the codes, ordinances, resolutions, rules, regulations, or permits of the City.
B. 
Before any sums are withdrawn from the security fund, the City Engineer, or other department as the City Manager may designate, shall give written notices to the grantee:
1. 
Describing the act, default or failure to be remedied, or the damages, costs or expenses which the City has incurred by reason of the grantee's act or default;
2. 
Providing a reasonable opportunity for the grantee to first remedy the existing or ongoing default or failure, if applicable;
3. 
Providing a reasonable opportunity for the grantee to pay any monies due the City before the City withdraws the amount thereof from the security fund, if applicable; and
4. 
Providing the grantee will be given an opportunity to review the act, default or failure described in the notice with the City Engineer, or other department as the City Manager may designate.
C. 
The grantee shall replenish the security fund within 14 days after written notice from the City Engineer, or other department as the City Manager may designate, that there is a deficiency in the amount of the fund.
D. 
Upon conclusion of the franchise agreement and removal of all of the grantee's facilities from the right-of-way, the City shall refund the security fund balance within 30 days of receipt of notice of removal of the grantee's facilities.
(Ord. 2743 § 1, 2019)
Unless otherwise provided in a franchise, a bond written by a surety acceptable to the City equal to at least 100 percent of the estimated cost of constructing the grantee's telecommunications facilities within rights-of-way shall be deposited before construction is commenced.
A. 
The construction bond shall remain in force until 60 days after substantial completion of the work, as determined by the City Engineer, or other department as the City Manager may designate, including restoration of all rights-of-way and other property affected by the construction.
B. 
The construction bond shall guarantee, to the satisfaction of the City:
1. 
Timely completion of construction;
2. 
Construction in compliance with applicable plans, permits, technical codes and standards;
3. 
Proper location of the facilities as specified by the City;
4. 
Restoration of the rights-of-way and any other property affected by the construction;
5. 
The submission of as-built drawings after completion of the work which is hereby specifically required;
6. 
Timely payment and satisfaction of all claims, demands or liens for labor, material or services provided in connection with the work.
(Ord. 2743 § 1, 2019)
All grantees are required to cooperate with the City and with each other.
A. 
Each grantee shall meet with the City, other grantees and users of the rights-of-way annually or as determined by the City to schedule and coordinate construction in rights-of-way.
B. 
All construction locations, activities, and schedules shall be coordinated, as ordered by the City Engineer, or other department as the City Manager may designate, to minimize public inconvenience, disruption or damages.
(Ord. 2743 § 1, 2019)
Ownership or control of a telecommunications system or franchise or any part of transmission capacity may not directly or indirectly be transferred, assigned or disposed of by sale, lease, merger, consolidation, or other act of the grantee, by operation of law or otherwise, nor may there be a transfer of working control (which includes not only actual control, but also the ability to affect or influence decisions) without the prior written consent of the City, which consent shall not be unreasonably withheld or delayed, as expressed by ordinance and then on such conditions as may be prescribed therein and:
A. 
No grant shall be assigned or transferred in any manner within 12 months after the initial grant of the franchise, unless otherwise provided by law.
B. 
Absent extraordinary and unforeseeable circumstances, no grant, system or integral part of a system shall be assigned or transferred before construction of the telecommunications system has been completed.
C. 
The grantee and the proposed assignee or transferee of the grant or system shall provide and certify the following information to the City Engineer, or other department as the City Manager may designate:
1. 
Complete information setting forth the nature, terms and conditions of the proposed transfer or assignment;
2. 
All information required of a franchise applicant pursuant to this chapter with respect to the proposed transferee or assignee;
3. 
All information required by federal, state and local law or regulation (i.e., FCC Form 394);
4. 
Any other information reasonably required by the City Engineer, or other department as the City Manager may designate.
D. 
No transfer shall be approved unless the assignee or transferee has the legal, technical, financial, and other qualifications in the City's sole discretion to own, hold and operate the telecommunications system pursuant to this chapter.
E. 
The grantee shall reimburse the City for all direct and indirect fees, costs and expenses incurred by the City in considering a request to transfer ownership in or assign a franchise.
F. 
Any transfer of ownership in or assignment of a franchise, system or integral part of a system without prior approval of the City under this chapter shall be void and is cause for revocation of the franchise.
G. 
Upon receipt of all information required herein, and any other information required by the City, the City shall have 120 days to review and approve or deny the requested assignment or transfer, unless such period is extended by agreement of the City and grantee.
(Ord. 2743 § 1, 2019)
Any transaction which results in any change of the ownership or in any manner the working control of the grantee, of the ownership or working control of a franchise, of the ownership or working control of affiliated entities having ownership or working control of the grantee or of a telecommunications system, or of control of the capacity or bandwidth or any part of the transmission capacity of the grantee's telecommunications system, facilities or any parts thereof, all defined as five percent or more ownership or control, shall be considered an assignment or transfer requiring City approval hereunder. Transactions between affiliated entities are not exempt from City approval.
(Ord. 2743 § 1, 2019)
A franchise granted by the City to use or occupy rights-of-way may be revoked for any one or more of the following reasons:
A. 
Construction or operation at an unauthorized location;
B. 
Unauthorized transfer of control of the grantee;
C. 
Unauthorized assignment of a franchise;
D. 
Unauthorized sale, assignment or transfer of the grantee's franchise assets or an interest therein;
E. 
Misrepresentation or lack of candor by or on behalf of a grantee in any application to the City;
F. 
Abandonment of telecommunications facilities in the rights-of-way;
G. 
Failure to relocate or remove facilities as required in this chapter;
H. 
Failure to pay taxes, compensation, fees or costs when and as due the City;
I. 
Insolvency or bankruptcy of the grantee;
J. 
Violation of a material provision of this chapter;
K. 
Violation of a material term of a franchise.
(Ord. 2743 § 1, 2019)
In the event that the City Engineer, or other department as the City Manager may designate, believes that grounds exist for revocation of a franchise, the grantee shall be given written notice of the apparent violation or noncompliance, be provided a short and concise statement of the nature and general facts of the violation or noncompliance, and be given a reasonable period of time not exceeding 30 days to furnish evidence that:
A. 
Corrective action has been, or is being, actively and expeditiously pursued to remedy the violation or noncompliance.
B. 
Rebuts the alleged violation or noncompliance.
C. 
It would be in the public interest to impose some monetary damages, penalty or sanction less than revocation.
(Ord. 2743 § 1, 2019)
In the event that a grantee fails to provide evidence reasonably satisfactory, as provided hereunder, to the City Engineer, or other department as the City Manager may designate, he/she shall refer the apparent violation or noncompliance to the City Council. The City Council shall provide the grantee with notice and a reasonable opportunity to be heard concerning the matter.
(Ord. 2743 § 1, 2019)
If persuaded that the grantee has violated or failed to comply with a material provision of this chapter or of a franchise or applicable codes, ordinances, resolutions, or statutes, the City Council shall determine whether to revoke the franchise, and issue a written decision relating thereto, or to establish some monetary damages, penalty, lesser sanction and cure, considering the nature, circumstances, extent and gravity of the violation as reflected by one or more of the following factors:
A. 
Whether the misconduct was egregious;
B. 
Whether substantial harm resulted;
C. 
Whether the violation was intentional;
D. 
Whether there is a history of prior violations of the same or other requirements;
E. 
Whether there is a history of overall compliance;
F. 
Whether the violation was voluntarily disclosed, admitted or cured.
(Ord. 2743 § 1, 2019)