§ 19-325. Scope of franchise

(a) Any and all rights expressly granted to franchisee under the franchise, which shall be exercised at franchisee's sole cost and expense, shall be subject to the prior and continuing right of the city under applicable laws to use any and all parts of the public right-of-way only, exclusively or concurrently with any other person or persons and further shall be subject to all deeds, easements, dedications, conditions, covenants, restrictions, encumbrances and claims of title which may affect the right-of-way. Nothing in the franchise shall be deemed to grant, convey, create, or vest a perpetual real property interest in land in franchisee including any fee or leasehold interest, easement, or any franchise rights inconsistent with this chapter.

(b) Upon the grant of a franchise by city council, the franchisee is authorized and permitted to attach, install, operate, maintain, remove, reattach, reinstall, relocate, and replace radios in or on city street light poles, lighting fixtures, and electroliers, within the public right-of-way, as designated in the franchise agreement for the purposes of providing services to persons located within or without the limits of the city. Any work performed pursuant to the rights granted under the franchise may, at the city's option, be subject to the prior review and approval of the city. During the term of this franchise, the location of each radio installed by franchisee or its designee shall be disclosed in writing to the city by franchisee within ten (10) days after its installation, removal, or relocation.

(c) Upon grant of a franchise by city council, the franchisee is authorized and permitted to attach, install, operate, maintain, remove, reattach, reinstall, relocate, and replace such number of radios in or on poles or other structures owned by public utility companies or other property owners located within the public right-of-way as may be permitted by the public utility company or property owner, as the case may be as designated in the franchise agreement. Franchisee shall furnish to the city documentation of said permission from the individual utility/property owner responsible prior to installation of the radios.

(d) Except as permitted by applicable laws or the franchise, in the performance and exercise of its rights and obligations under this franchise, franchisee shall not interfere in any manner with the existence and operation of any and all public and private rights-of-way, sanitary sewers, water mains, storm drains, gas mains, poles, aerial and underground electric and telephone wires, electroliers, cable television, and other telecommunications, utility and municipal property without the express written approval of the owner or owners of the affected properties.

(e) Franchisee shall comply with all applicable laws in the exercise and performance of its rights and obligations under the franchise. If required by applicable laws, franchisee shall obtain the approval of the radios subject to the franchise, or any modifications or changes thereto, from any applicable governmental bodies, and secure any required assessment of the impact that the radios subject to the franchise may have upon the environment.

(f) If the size, weight and power of the radios change in a material way, then franchisee shall notify the city in writing as soon as practicable and specify the change and reasons therefor. Such notice shall be served at least thirty (30) days prior to the effective date of any material change in the size, weight and power of the radios. Such change shall permit city council to reopen, review and modify the franchise if the change materially alters the scope of the franchise.

(g) The city further reserves the right to modify the service voltage delivered to or at any street light pole or utility pole on which a radio may be located. Franchisee shall replace or modify any radio that will be affected by such voltage modifications with ten (10) days of receiving notice of voltage modifications. In the event that franchisee fails to replace or modify any radio within the ten-day notice period before the voltage modification, the city may disconnect any such radio until franchisee performs and completes the necessary work and advises the city accordingly.

(Ord. No. 96-16, § 2, 1-6-97)