§ 15-7-6. USER'S DUTIES AND RESPONSIBILITIES.

(A)

Compliance with law. A use shall comply with all applicable federal, state, and local laws, rules, and regulations, including the Utilities Criteria Manual, City policies, the National Electrical Code, the National Electrical Safety Code, the utility's transmission and distribution standards, and applicable industry standards.

(B)

Operational and maintenance requirements.

(1)

A user shall install, and continuously operate and maintain an approved attachment to prevent interference with the utility's facilities, the City's use of utility infrastructure, or the facilities or operations of other users.

(2)

A user may not construe a contract, permit, correspondence, or other communication as affecting a right, privilege or duty previously conferred or imposed by the City to or on another person under an infrastructure usage contract or otherwise. The City reserves the right to continue or extend a right, privilege, or duty and to contract with additional users without regard to resulting economic competition.

(3)

A user shall trim trees only as necessary for the safe and reliable operation, use, and maintenance of the user's attachments, as prescribed by the standards promulgated by the Environmental Commission or the city arborist.

(4)

A user may not co-lash or co-locate attachments without the prior written consent of the director and subject to the conditions the director reasonably requires.

(5)

A user is solely responsible for the risk and expense of installation, operation, and maintenance of the user's attachments. Neither the utility nor the City warrants or represents that the utility infrastructure is suitable for placement of a user's attachments. A user shall inspect the utility infrastructure on which the user's attachments will be placed and shall base its determination of the suitability of the utility infrastructure for user's purposes exclusively on the inspection. A user must accept the City's utility infrastructure "as is" and "where is" and assume all related risks.

(6)

A user shall, at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or alter the position of an attachment whenever the director has determined that (1) such removal, relocation, change or alteration, is necessary for the construction, repair, maintenance, or installation of any utility or City improvement in or upon, or the operations of the utility City in or upon, the public right-of-way, or (2) a user's attachments impair the safety or structural integrity of utility infrastructure. The director may also require a user to move or rearrange its attachments to maximize the available useable infrastructure and accommodate the attachments of an additional user, unless the movement or rearrangement of attachments materially impairs the use or function of the existing user's system. If a user fails or refuses to comply with the director's request to change, move, remove or rearrange any of its attachments, the attachments become unauthorized. The utility may change, move, remove, or rearrange an unauthorized attachment without liability to user and at user's sole cost.

(7)

The director may inspect, at any time, the construction or installation of a user's attachments on utility infrastructure. If the director determines that a user's installation or construction may violate this chapter, the National Electric Code, the National Electric Safety Code, the utility's transmission and distribution standards, or the conditions of the user's application, permit or infrastructure usage contract, the director may immediately suspend the user's construction or installation activities. The director shall send written notice to the user not later than the third business day after a suspension identifying the alleged violation. A suspension under this paragraph is effective until the user corrects the alleged violation, at the user's sole expense. A user may appeal a suspension under this subsection to the director.

(8)

A user may not transfer, assign, convey, or sublet an attachment right without director's prior written consent. A transfer, assignment, conveyance, or subletting of an attachment right without the director's prior written consent is not binding on the City and is a material default of the user's infrastructure usage contract.

(9)

The utility may disconnect power to an attachment if necessary to safely reach or perform work on the city's electric or traffic facilities.

(C)

Termination.

(1)

The City may immediately suspend the rights of a user to make new or additional attachments if the user materially fails to comply with the terms of its franchise, license, or the infrastructure usage contract if the City provides written notice to the user. If the user fails to cure the default on or before the 60th day after receipt of the notice, the City may terminate the user's attachment rights.

(2)

A user shall immediately begin removal of it attachments after termination of a user's attachment rights for violations of the terms of a franchise, permit, or infrastructure usage contract, a voluntary termination by a user, or a termination by the City for cause. Unless the director grants an extension of time, a user must remove all attachments not later than the 60th day after the effective date of termination.

(3)

After termination of a user's attachment rights, the user must comply with the terms of this chapter, the user's franchise, license, and infrastructure usage contract until all attachments are removed.

(4)

While an appeal under Section 15-7-7 is pending, a user may continue to use its existing attachments but may not make, change, move, rearrange, construct, or install an additional attachment.

(5)

The repeal or invalidity of a state law, or revocation of a franchise, under which a user has obtained the right to access City right-of-way or utility infrastructure to make an attachment shall result in immediate termination of a user's attachment right.

Source: Ord. No. 20170817-045 , Pt. 4, 8-17-17.