§ 26-17. Use of public rights-of-way.

(a)

Any pavements, sidewalks, curbing, or other paved area taken up or any excavations in the public rights-of-way made by a franchisee shall be done under the supervision and direction of the county under permits issued for work by the proper officials of the county, and shall be done in such manner as to give the least inconvenience to the inhabitants of the county. A franchisee shall not commence construction in the public rights-of-way until the county has issued all applicable permits, except in the case of an emergency. The term "emergency" shall mean a condition that affects the public's health, safety or welfare, which includes an unplanned out-of-service condition of a pre-existing service. A franchisee shall provide prompt notice to the county of construction in the public rights-of-way in the event of an emergency. As a condition of granting such permits, the county may impose generally applicable rules or regulations governing the construction in public rights-of-way. Permits shall apply only to the areas of public rights-of-way specifically identified in the permit. The county may issue a blanket permit to cover certain activities, such as routine maintenance and repair activities, that may otherwise require individual permits or may impose lesser requirements.

(b)

As part of any permit application to perform construction in the public rights-of-way, the franchisee shall to the extent generally required provide at least the following:

(1)

An engineering plan signed and sealed by a state registered professional engineer, or prepared by a person who is exempt from such requirements as provided in F.S. § 471.003, identifying the location of the proposed facilities, including a description of the facilities to be installed, where they are to be located, and the approximate size of facilities and equipment that will be located in the public rights-of-way;

(2)

A description of the manner in which the facilities will be installed (i.e. anticipated construction methods and/or techniques);

(3)

A traffic maintenance plan for any disruption of the public rights-of-way;

(4)

Information on the ability of the public rights-of-way to accommodate the proposed facilities, if available (such information shall be provided without certification as to correctness to the extent obtained from other persons with facilities in the public rights-of-way);

(5)

If appropriate given the construction proposed, an estimate of the cost of restoration to the public rights-of-way;

(6)

The timetable for construction of the project or each phase thereof, and the areas of the county which will be affected; and

(7)

Such additional information requested by the county that the county finds reasonably necessary to review the permit application.

(c)

Unless prohibited by applicable law, the county shall have the power to prohibit or limit construction within the public rights-of-way if there is insufficient space to accommodate all of the requests to perform construction or place facilities in that area of the public rights-of-way, for the protection of existing facilities in the public rights-of-way, or to accommodate county plans for public improvements or projects that the county determines are in the public interest.

(d)

All poles, wires, cables, underground conduits, manholes, and other fixtures erected by a franchisee in, upon, along, across, above, over, and under the public rights-of-way within the county shall be so located and all construction in the public rights-of-way shall be performed so as not to interfere unreasonably with the use of the public rights-of-way by the traveling public and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin any of the public rights-of-way. A franchisee shall not place facilities, equipment, or fixtures where they will interfere with any preexisting gas, electric, telephone, water, sewer, or other utility facilities, or obstruct or hinder in any manner the various utilities serving the residents of the county or their use of any public rights-of-way.

(e)

A franchisee shall, at its own cost and expense, and in a manner approved by the county, replace and restore any such pavements, sidewalks, curbing, other paved areas, lawn, landscaping or any other areas where the franchisee performed construction to at least as good a condition as before the work was done. A franchisee shall warrant its restoration for a period of 12 months after completion of such restoration. If the franchisee fails to make such restoration within 20 calendar days after completion of construction, or such other reasonable time as may be required by the county, the county may, after ten days notice to the franchisee, perform such restoration using county employees, agents or contractors, and charge all costs of the restoration against the franchisee and require reimbursement within 20 days after the submission of the bill by the county to the franchisee.

(f)

The county shall have the authority to require a franchisee to remove or to relocate its facilities in the public rights-of-way, pursuant to applicable law. A franchisee shall, on the request of any person holding a building-moving permit issued by the county, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting same, and the franchisee shall have the authority to require such payment in advance, except in the case where the requesting person is the county for county purposes, in which case no such payment shall be required. The franchisee shall be given not less than ten calendar days advance notice to arrange for such temporary wire changes.

(g)

A permit from the county constitutes authorization to undertake only certain activities on public rights-of-way in accordance with this chapter, and does not create a property right or grant authority to impinge upon the rights of others who may have an interest in the public rights-of-way. The county may issue such generally applicable rules and regulations concerning the installation and maintenance of facilities installed in the public rights-of-way, as may be consistent with this chapter and the franchise agreement. The county makes no warranties or representations regarding the fitness, suitability or availability of public rights-of-way for a franchisee's facilities and any performance of work or costs incurred by a franchisee shall be at franchisee's sole risk. Nothing in this chapter shall affect the county's authority to add, vacate or abandon public rights-of-way.

(h)

In connection with excavation in the public rights-of-way, a franchisee shall, where applicable, comply with the Underground Facility Damage Prevention and Safety Act set forth in F.S. ch. 556, as it may be amended.

(i)

A franchisee shall upon notice to the county of not less than seven days, emergency situations excepted, have the authority to trim trees or other natural growth upon and overhanging the public rights-of-way so as to prevent the branches of such trees from coming in contact with the wires and other equipment of the franchisee, except that, at the option of the county, such trimming as may be done by it or under its supervision and direction at the expense of the franchisee. All such work shall be done in accordance with such generally applicable standards as have now or hereafter may be established by the county.

(j)

A franchisee shall install and maintain its facilities in the public rights-of-way in a manner consistent with accepted industry practice and applicable law. A franchisee shall use all safety practices required by law when performing construction, maintenance, and repair. A franchisee shall, at all times:

(1)

Install and maintain its wires, cables, fixtures, and other equipment in accordance with the applicable requirements of the county construction code, as that may be amended, and any other applicable building or electrical safety code, and in such manner so that they will not interfere with any installations of the county.

(2)

Keep and maintain in a safe, suitable, and substantial condition, and in good order and repair, all structures, lines, equipment, and connections in the public rights-of-way or places of the county, wherever situated or located.

(k)

On public rights-of-way where electrical and telephone utility wiring is located underground, either at the time of initial construction of a cable or open video system or at any time thereafter, a franchisee's wiring shall also be located underground at the franchisee's expense. Between a street and a subscriber's residence, a franchisee's drop must be located underground if both electrical and telephone utility wiring are located underground. If a franchisee is otherwise not required to locate its facilities underground, a franchisee shall at the subscriber's request, locate its drop between a street and a subscriber's residence underground if the subscriber pays the franchisee's actual costs of such underground location. The county shall encourage, to the extent feasible, that other users of the public rights-of-way and the franchisee cooperate in opening up trenches and making such trenches available to all parties with the understanding that the costs of opening and retiling of such trenches would be shared equitably by all users of such trenches. Notwithstanding anything to the contrary, unless otherwise permitted by the county, a franchisee shall install underground extensions of lines in new residential subdivisions over five units or new multiple occupancy buildings.

(l)

A franchisee shall publicize the initial build or any substantial rebuild, upgrade, or extension of its facility that involves work in public rights-of-way in each affected neighborhood at least 48 hours prior to commencement of that work by causing notice of such construction to be delivered to the county and by notifying those persons whose property is affected by the work in the following ways: by telephone, in person, by mail, by distribution of flyers, by publication in local newspapers, by on-screen notice, or in such other manner required by the county that is reasonably calculated to provide adequate notice. Franchisee shall reasonably cooperate with the county to provide notice of construction. Apart from any initial build or substantial rebuild or upgrade, any underground construction will be publicized in accordance with generally applicable notice requirements.

(m)

The county shall have the right to make such inspections of facilities in the public rights-of-way as it finds necessary to ensure compliance with this chapter. In the event the county determines that a violation exists with respect to a franchisee's facilities in the public rights-of-way that is not considered to be an emergency or danger to the public health, safety or welfare, the county will provide franchisee no less than three business days notice setting forth the violation and requesting correction.

(n)

A franchisee shall ensure that it provides the county with plans, revised as necessary, or "as-builts," that show the locations of the actual installation of facilities in the public rights-of-way. The plans shall be in a digitized format showing the two-dimensional location of the facilities based on the county's geographical database, or other format acceptable to the county. The franchisee shall provide such plans at no cost to the county. The county shall maintain the confidentiality of such plans and any other information provided hereunder in accordance with F.S. § 202.195, as it may be amended.

(o)

The county reserves the right to place and maintain, and permit to be placed or maintained, sewer, gas, water, electric, storm drainage, communications, and other facilities, cables or conduit, and to do, and to permit to be done, any underground and overhead installation or improvement that may be deemed necessary or proper by the county in public rights-of-way occupied by a franchisee. A franchisee may allow county facilities to be co-located within county's public rights-of-way through the use of a joint trench during franchisee's construction project. Such joint trench projects shall be negotiated in good faith by separate agreement between a franchisee and county and may be subjected to other county rights-of-way requirements. The county further reserves without limitation the right to alter, change, or cause to be changed, the grading, installation, relocation or width of the public rights-of-way within the limits of the county and within said limits as same may from time to time be altered.

(p)

The county shall have the right to install and maintain free of charge upon any pole or in any conduit owned by a franchisee any wire or fixtures that do not interfere unreasonably with a franchisee's operations and the county may be required to indemnify the franchisee for all claims arising out of the county's use of franchisee's poles and conduits.

(q)

To the extent that any person leases or otherwise uses facilities of a franchisee, such person shall make no claim, nor assert any right, which will impede the lawful exercise of the county's rights, including requiring the removal of such facilities from the public rights-of-way of the county, regardless of the effect on the person's ability to use franchisee's facilities in public rights-of-way of the county.

(Ord. No. 02-18, § 2, 7-30-02)