Chapter 10.43
Telephone and Telegraph Construction

Sections:

10.43.010 Construction Permit Required.

10.43.020 Application.

10.43.030 Location of Equipment.

10.43.040 Performance of Work.

10.43.050 Relocation of Facilities.

10.43.060 Indemnification.

10.43.010 Construction Permit Required.

No telegraph, telephone, or other communication utility, whether operating under a City franchise or under federal or state authority, may construct or install any lines or other equipment within a public right-of-way without a specific permit for each project, issued by the department of engineering services, in addition to a street obstruction permit as provided in SMC 11.02.0345 and 11.02.0824.

[Ord. C32762; Passed: 12/11/2000]

10.43.020 Application.

A.  A communication utility must file with the director of engineering services a written application for a construction permit, accompanied by detailed maps, plans and specifications showing:

1.   all excavations;

2.   the apparatus and appliances proposed;

3.   the location of poles, wires, cables, conduits, pipes, manholes and other apparatus;

4.   the duct, conduit, or portion of the system of poles or masts reserved for the exclusive use of the City;

5.   the structure of all apparatus and appliances; and

6.   the height above or depth below the finished grade of the public way.

B.  The utility must also file the application, pay the fee and post the bond for a street obstruction permit.

[Ord. C32762; Passed: 12/11/2000]

Cross Reference: SMC 8.02.065, 11.02.0824; Charter § 105.

10.43.030 Location of Equipment.

A.  At all times subject to the direction of the director of engineering services, the utility must locate its poles, conduits, pipes, manholes and other appliances so as to not unreasonably interfere with existing public or private utility facilities or trees, shrubbery, or improvements on abutting property.

B.  In the downtown area and in other areas where utilities are or are expected to be underground, the director may require communication facilities to be installed underground.

[Ord. C32762; Passed: 12/11/2000]

10.43.040 Performance of Work.

At all times subject to the direction of the director of engineering services, the utility must perform the work of construction, installation and maintenance within public ways with diligence but with minimum interference with public travel, access to abutting properties and existing utility services. Unless approved by the director, no utility may excavate more than one block at a time.

[Ord. C32762; Passed: 12/11/2000]

10.43.050 Relocation of Facilities.

A permit under this chapter does not confer upon any communication utility any vested right in the continued presence of any communication facilities in a public way. The director of engineering services may require a utility to relocate, at the utility’s expense, any apparatus or appliances when necessary to conform to a change in grade or alteration of the location of any other utility required by the City.

[Ord. C32762; Passed: 12/11/2000]

10.43.060 Indemnification.

As may be specified in any franchise or the required street obstruction permit and bond, any utility obtaining a permit under this chapter agrees to indemnify and hold harmless the City from all claims and costs resulting from the installation, construction and maintenance of communication lines or equipment in a public way, including without limitation the failure of the permittee hereunder to promptly and adequately restore to its original condition any excavated portion of a public way.

[Ord. C2587 § 3]