§ 42-30. Rights-of-way.

(a)

Installation by certified contractors. Where required by state or other law, certified contractors shall be used for the installation. All installation in rights-of-way shall be performed in accordance with the state department of transportation Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways.

(b)

Applicability. Prior to the installation of any facilities or equipment in any right-of-way under city jurisdiction pursuant to F.S. § 334.03(6) and F.S. ch. 335, by which the cable operator will serve subscribers in the city or within such limits as are subject to city jurisdiction as franchising authority pursuant to this article, the cable operator shall apply to the city for a permit.

(c)

Obligation. The cable operator shall be responsible for obtaining all necessary governmental and private approvals. City personnel shall not be responsible for submitting information to the cable operator to ensure such approvals are obtained.

(d)

Inspection. The city building official shall inspect the installation and method of installation to ensure conformity with the plans and permit specifications. Any deviations from the approved plans and specifications shall be a notation as to the reason therefor. Substantial deviations shall require the approval of city council. Installation applications shall contain, at a minimum, the following:

(1)

Two sets of plans signed by the preparer showing:

a.

The general area of the installation.

b.

The specific area of the installation.

c.

Pavement edge.

d.

Right-of-way line.

(2)

Statements as to the method of installation. Jack and boring and conduit is required under all paved public rights-of-way. Said conduit shall extend a minimum of five feet past the pavement edge, unless right-of-way is not available except where permitted otherwise by the city building official. Cable shall be a minimum of 30 inches deep in rights-of-way.

(3)

Statements as to the method of restoration.

(4)

The plans shall show any conflicts with other installations, if known prior to installation.

(5)

The name of the subcontractor or employee supervising the installation and his state or county contractor's license number.

(e)

No establishment of rights. The issuance of a permit hereunder is nothing more than a city approval as to the authority under the franchise, the installation and the method of installation. Nothing in this article shall be construed as impairing the rights of third parties as against the cable operator.

(f)

Responsibility. The cable operator shall be responsible and liable for all claims of any nature, including claims for alleged personal injury (including wrongful death), arising from the cable operator's use of any easement or right-of-way or any other property, whether or not such use is properly permitted. The cable operator shall indemnify, save harmless, and defend the city, its officers, employees, and agents against any and all claims of whatever nature resulting from the installation of facilities and equipment, or the use of any easement or right-of-way. Said indemnification shall include any and all costs, expenses, and reasonable attorneys' fees.

(g)

Duration. The approved installation shall commence within 12 months of issuance of the permit, and diligently prosecuted to completion. Road cuts, if permitted at all, shall be done, closed, and restored in accordance with the directive or requirements of the building official. The cable operator shall, at its own expense, and in a manner approved by the city, promptly restore and repair to the city's satisfaction any damage, disturbance, or failure caused to a public right-of-way as a result of cable operator's operations or construction on its behalf.

(h)

Tree trimming. The cable operator shall not remove any tree or trim any portion, either above, at or below ground level, of any tree within any public right-of-way or easement dedicated for compatible use, unless the terms of such provide otherwise, except as is necessary for the construction, maintenance and repair of the cable system's facilities and equipment. The cable operator shall be responsible, shall defend and hold the city harmless for any and all damages to any tree as a result of trimming, or the property in the area of any tree, whether such tree is trimmed or removed.

(i)

Good engineering practices. All plant and equipment, including, but not limited to, the antenna sites, towers, head end and distribution system, subscriber terminals, structures, poles, wire, cable, coaxial cable, fixtures and appurtenances shall be installed, located, erected, constructed, reconstructed, replaced, removed, repaired, maintained and operated in accordance with good engineering practices, performed by experienced maintenance and trained construction personnel so as not to interfere with or unnecessarily hinder or obstruct pedestrian or vehicular traffic, endanger the public safety or interfere with the rights of property owners.

(j)

Public safety requirements. The cable operator shall at all times employ due care and shall install and maintain in use commonly accepted methods and devices for preventing failures and accidents which might cause damage, injury, or nuisance to the public or persons.

(k)

Compliance with construction code and other codes.

(1)

City codes and permits. Cable operators shall comply with all applicable city land use and construction codes and permit procedures. It shall be the cable operator's responsibility to be cognizant of any such applicable codes.

(2)

Safety codes. All construction practices shall be in accordance with all applicable sections of the Occupational Safety and Health Act of 1970, and any amendments thereto, as well as all state and local codes where applicable.

(3)

Electrical codes. All installation of electronic and electrical equipment shall be a permanent nature, durable and installed in accordance with the provisions of the National Electrical Code promulgated by the National Fire Protection Association as amended, and all applicable state and local codes.

(4)

Antennas and towers. Antenna supporting structures (towers) shall be designed for the proper loading as specified in the Florida Building Code, as amended.

(5)

Compliance with aviation requirements. Antenna supporting structures (towers) shall be painted, lighted, erected and maintained in accordance with all applicable rules and regulations of the Federal Aviation Administration and all other applicable federal, state or local codes and regulations.

(l)

Previous installation. Within six months of the effective date of the ordinance from which this article is derived, the cable operator shall file with the city a map showing the specific location of all facilities and equipment located within the city, except those areas not under the city's jurisdiction as franchising authority; provided, however, if a certified set of as-builts has been provided the city pursuant to the provisions of this article (not pursuant to any other article, chapter or otherwise), no map need be filed for that area covered by such permit.

(m)

Service drops. No permits shall be required for individual service drops; the services of U.N.C.L.E. need not be used for service drop installations. The following standards shall apply to individual drops:

(1)

The cable operator shall utilize only contractors, technicians or otherwise properly trained personnel to install cable and to wire the structure, or have in his employ a certified contractor to supervise the installation.

(2)

All necessary permits and approvals shall be received prior to installation.

(3)

The drop shall be installed at least 12 inches below the existing grade (final grade if done during construction of the structure).

(4)

All work on service drops, including the work within the structure, if any, shall be in accordance with the National Electrical Code, as may be amended from time to time by the city council.

(n)

Rules of city building official. The city's building official shall have the authority to adopt rules and regulations relating to the installation of facilities and equipment which are not inconsistent with the standards set forth in this article and any other laws or regulations. Prior to the adoption of such rules and regulations, notice shall be sent to the cable operators and they shall have an opportunity to respond.

(o)

Failure to perform required work. Upon failure of the cable operator to commence, pursue or complete any work required by law or by the provisions of this article to be done in any public way within the time prescribed and to the satisfaction of the city, the city may, at its option, cause such work to be done; and the cable operator shall pay the city the itemized direct cost within 45 days after receipt of an itemized demand by the city.

(Ord. No. 89-01-01, § 12, 1-13-1989)