The terms of this Chapter shall apply to all Grantees.
A. General Duties.
1. All Grantees, before commencing any construction in the rights-of-way, shall acquire appropriate permits and comply with all requirements of the George Municipal Code and the City of George Development Guidelines. In the event of a conflict between this Chapter and the George Development Guidelines, the George Development Guidelines shall control.
2. All Grantees shall have no ownership rights in rights-of-way, even though they may be granted a license, franchise or cable franchise to construct or operate their facilities.
3. Nothing herein shall limit or otherwise affect the authority of the City to require a lease for any use, occupation, construction, installation, maintenance or location upon any property owned in fee by the City.
B. Physical Location of Facilities. Unless otherwise required in current or future City ordinances regarding underground construction requirements, all facilities shall be constructed, installed, and located in accordance with hierarchy of the following terms and conditions:
1. Telecommunications and Cable Facilities shall be installed within an existing underground duct or conduit whenever excess capacity exists within such utility facility and permission can be obtained reasonably from the installer of such duct or conduit.
2. Whenever one or more existing Telephone, Electric Utilities, Cable Systems or Telecommunications Facilities are located underground within rights-of-way, a licensee or franchisee shall occupy the same trench where reasonable and practical.
3. When sufficient capacity is not available under 1 or 2 above, the Telecommunications or Cable Facility shall be installed underground within the rights-of-way.
4. A franchisee or licensee with written authorization to install overhead facilities shall install its Telecommunications or Cable Facilities on pole attachments to existing utility poles only, and then only if surplus space is available.
5. When a franchisee or licensee has been granted authority to install overhead facilities as in Section 4 above and the City directs such facilities to be relocated to allow construction or reconstruction within the right-of-way, a licensee or franchisee that occupies the same rights-of-way shall concurrently relocate its facilities underground at its expense.
C. Conduit Occupancy. In furtherance of the public purpose of reduction of rights-of-way excavation, it is the goal of the City to encourage both the shared occupancy of underground conduit as well as the construction, whenever possible, of excess conduit capacity for occupancy of future rights-of-way occupants.
1. City Use. At the option of the City, whenever new conduit is laid by the licensee or franchisee, the City shall be provided access to the open trench or bore hole and space shall be made available for purposes of installing one two-inch conduit for city use. There shall be no cost to the City associated with the trenching, backfilling, boring or surface restoration involved with these activities. While not an inclusive list, such option will be exercised primarily on arterial streets or near environmentally sensitive areas.
2. Use by Others. When the City reasonably determines such construction is in an area in which another Telecommunications or Cable Provider may also construct Telecommunications or Cable Facilities in the future, the City may require the franchisee or licensee to construct or install excess conduit capacity in the rights-of-way, provided the expense of such excess conduit capacity shall be borne by the City or other such person who contracts with the City to bear the expense (calculated as the difference between what Grantee would have paid for the construction of its conduit and the additional cost only of the excess conduit. Grantee may manage the excess conduit itself and be permitted to charge a reasonable market lease rate for occupancy of the additional conduit space, provided such lease revenues shall be first applied to reimburse the City for its actual contribution to the construction of the excess conduit plus interest compounded at the Washington State Local Government Investment Pool rate during the time in question.
D. Occupancy of City Owned Conduit. In furtherance of the same objectives of C, above, if the City owns conduit in the path of Grantee's proposed Facilities, and provided it is technologically feasible for Grantee to occupy the conduit owned by the City, Grantee shall be required to occupy the conduit owned by the City in order to reduce the necessity to excavate the rights-of-way. Grantee shall pay to the City a reasonable fee for such occupancy.
E. Relocation or Removal of Facilities. Within ninety (90) days following written notice from the City, a Grantee shall, at its own expense, temporarily or permanently remove, relocate, place underground, change, or alter the position of any Telecommunications or Cable Facilities within the rights-of-way whenever the Director shall have determined that such removal, relocation, undergrounding, change or alteration is reasonably necessary for:
1. The construction, repair, maintenance or installation of any City or other public improvement in or upon the rights-of-way;
2. The operations of the City or other governmental entity in or upon the rights-of-way.
F. Removal of Unauthorized Facilities.
1. A telecommunications or cable facility is unauthorized and subject to removal in the following circumstances:
a. Upon expiration or termination of the Grantee's license, telecommunications franchise or cable franchise unless otherwise provided by law.
b. Upon abandonment of a facility within the rights-of-way.
c. If the facility was constructed or installed without the prior issuance of a required encroachment or utility permit, license, telecommunications franchise, or cable franchise.
d. If the facility was constructed or installed at a location not permitted by the Grantee's license, franchise or cable franchise.
e. To the extent permitted by law, any such other reasonable circumstances affecting public health, safety and welfare deemed necessary by the Mayor.
2. The Mayor may exercise discretion to allow an unauthorized facility to come into compliance with this chapter upon written request of the unauthorized Telecommunications Carrier or Cable Operator made within thirty (30) days after said Carrier or Operator is notified that the facility is unauthorized pursuant to this chapter. Notice shall be given in accordance with GMC 14.30.130. The Mayor shall make the determination of whether to allow said Carrier or Operator to cure by using the standards of review set forth in GMC 14.30.130.
3. Notwithstanding any other provision of this Chapter, the Mayor may, if deemed appropriate, allow a Grantee or other person who may own, control or maintain a Telecommunications or Cable Facilities within the rights-of-way of City to abandon such facilities in place. No facilities of any type may be abandoned in place without the express written consent of the Mayor. Any plan for abandonment or removal of such facilities must be first approved by the Mayor and all necessary permits must be obtained prior to commencement of such work. Upon permanent abandonment of any Telecommunications or Cable Facilities of such persons in place, the facilities shall become the property of the City, and such persons shall submit to the Mayor an instrument in writing, to be approved by the City Attorney, transferring ownership of such facilities to the City. The provisions of this Section shall survive the expiration, revocation or termination of any license, franchise or cable franchise granted under this Chapter.
G. Noncomplying Work. Upon order of an authorized representative of the City, all work which does not comply with the permit, the approved plans and specifications for the work, or the requirements of this chapter, shall be removed.