5.60.230 General conditions upon construction, operation and repair.
A. Grantee, and other persons engaged in the construction, operation, replacement, repair, upgrade or maintenance of a cable communications system shall satisfy all lawfully enacted applicable laws, ordinances, resolutions, departmental rules and all lawfully enacted regulations that affect the use of private and public property by the cable communications system, including by way of example and not limitation, the City’s building and zoning codes, as well as satisfying the requirements of this chapter and any additional requirements that may be included in a franchise agreement.
B. A franchise is required before a permit may be issued for work associated with the construction, operation or repair of a cable communications system. Any permit issued for such work to a person who does not hold a franchise shall vest no rights in the permittee and shall be void as if never issued, at the sole option of city. Any such putative permittee shall remove all facilities installed under the permit upon and in full compliance with city’s demand.
C. Each grantee shall locate and maintain the portions of its cable communications system on rights-of-way and other public property, in such manner as to cause no unreasonable interference with the use of said property by any person and in accordance with the Redmond Municipal Code.
D. Each grantee shall use existing poles and conduit where possible.
E. Any damage caused to the rights-of-way or public or private property by grantee or those performing work on a grantee’s behalf shall be promptly repaired or replaced by grantee to the satisfaction of the property owner or to the City. Each grantee will restore public property and rights-of-way by a time and in a manner directed by the City.
F. Grantee, at its sole expense, shall remove and/or relocate the cable communications system in connection with public projects as identified by the City of Redmond’s Capital Improvement Program or approved city plans and constructed by the City or as directed by the City, under the direction of the City engineer, including relocating to an underground location. The City shall provide written notice describing where the public work is to be performed and a deadline for completing the work at least thirty (30) days prior whenever possible, but not fewer than fifteen (15) days prior to the deadline by which a cable communications system operator must protect, support, temporarily disconnect, relocate or remove its facilities. The cable communications system operator may seek an extension of the time to perform the work and such request for an extension will not be unreasonably denied. If the City requires grantee to relocate its facilities located within the rights-of-way, the City shall make a reasonable effort to provide grantee with an alternate location within the rights-of-way. If funds are generally made available to users of the rights-of-way for such relocation, grantee shall be entitled to its pro rata share of such funds. In an emergency, or where a cable communications system creates or is contributing to an imminent danger to health, safety, or property, the City may protect, support, temporarily disconnect, remove, or relocate any or all parts of the cable communications system without prior notice, and charge the cable communications system operator for reasonable costs incurred.
G. Installation of Systems by Others Authorized To Use Rights-of-Way or Public Property.
1. To accommodate the construction, operation, or repair of the facilities of another person authorized to use the rights-of-way or public property, a grantee shall, by a time specified by such person, protect, support, temporarily disconnect, relocate or remove its facilities. The grantee shall be given written notice describing where the construction, operation or repair is to be performed at least thirty (30) days prior whenever possible, but not fewer than fifteen (15) days prior to the time by which its work must be completed. Unless the matter is governed by a valid contract or a state or federal law or regulation, or unless the cable communications system that is being requested to move was not properly installed, the reasonable cost of the same shall be borne by the person requesting the protection, support, temporary disconnection, removal, or relocation. In cases where the requesting person is required under state law or this section to bear the cost of relaying, relocation or temporary removal, a grantee may require the person to agree, before the work is performed, to pay the reasonable actual cost of the work, and grantee may require a reasonable deposit of the estimated payment in advance.
H. At the request of any person holding a valid permit issued by a governmental authority, a cable communications system operator shall temporarily raise or lower its wires by a time specified to permit the moving of buildings or other objects. A cable communications system operator shall be given not less than thirty (30) days prior whenever possible, but not fewer than fifteen (15) days’ advance notice to arrange for such temporary wire changes. The cable communications system operator, as a condition of complying with such request, may require the requesting person to pay the reasonable materials and labor expense of such temporary removal or raising or lowering of wires, and the operator may require payment of the estimated expense in advance.
I. Abandonment.
1. A cable communications system operator may abandon any property in place in the rights-of-way or upon public property upon written notice to city and separate notice to the City engineer. However, if, within ninety (90) days of the receipt of written notice of abandonment, city determines that the safety, appearance, functioning or use of the rights-of-way or public property and facilities in the rights-of-way or on public property will be adversely affected, the property must be removed by a date reasonably specified by city in light of the amount of work to be performed.
2. A cable communications system operator that abandons its property must, upon request, transfer ownership of the property to city at no cost, and execute necessary quitclaim deeds; provided, that nothing in the preceding sentence prevents a cable communications system operator from bringing an action in a court of competent jurisdiction if it believes that the cable communications system was not abandoned.
J. If a cable communications system operator fails to perform work on public property or the rights-of-way (including restoration work) required by this chapter, a franchise agreement or any other provision of law by the time it is required to be performed, the City may perform the work and bill the cable communications operator for the costs incurred by city.
K. Any amount billed to a cable communications operator pursuant to this section must be paid within 30 days of the date of the bill. (Ord. 2546 § 2 (part), 2010: Ord. 2174 § 1 (part), 2003).