Sec. 711.206. - Occupancy agreement term, conditions and form.

(a) Term. The occupancy agreement shall be granted for a term expiring on December 31 of the next even numbered year, with the initial term being from the date of execution by the Director until December 31 of said even numbered year, renewable thereafter for two-year periods. The initial term, regardless of the number of days, shall be for the full fee set forth herein. A registrant that initially registers during the even numbered year when renewal would be due or the odd numbered year immediately preceding such even numbered year shall not be required to renew until the next even numbered year. (b) Conditions. Each occupancy agreement shall be conditioned upon the faithful performance of all duties and requirements imposed by existing law, this Chapter, and rules established by the department (to include, but not be limited to rules pertaining to City projects on City-owned properties and rights-of-way which require the person, in a timely manner, to: 1. participate in design coordination meetings when either the City's project or the person's occupancy will be impacted; 2. provide accurate horizontal and vertical information on the person's facilities to assist in design phase and construction phase conflict resolution; 3. assist the City in developing utility relocation schedules; and 4. reimburse the City for delay costs resulting from the person's failure to relocate their facilities within the time frame provided herein or in the project relocation schedule). Failure to so perform, including, but not limited to, not making or reimbursing the costs of all necessary repairs to City property resulting from damage caused by the person's installation and maintenance of facilities covered by an occupancy agreement, failure to abide by department rules, not being current in the payment of all applicable franchise/registration fees, etc., shall be grounds for the Director to notify the person that their occupancy agreement will not be renewed and that all authorization to occupy City rights-of-way shall terminate and all installations be removed within 90 days of said written notice. (c) Form. The form of the occupancy agreement shall be as approved by the Director and on file with the Council Secretary. Revisions to the form shall be placed on file with the Council Secretary and any outstanding occupancy agreements shall be made subject to said revisions upon their renewal. The forms for the occupancy agreement shall be as detailed as required to accomplish the intent as stated herein above and there may be a variety of forms to cover the different types of uses (said forms taking into account the public interests of the City in preserving and managing its rights-of-ways and the franchising/registration provisions of parts 3 and 4 of this Chapter and any State or federal laws which create limitations as to the scope or termination of any occupancy agreement). The form shall be sufficient to provide the department with all information needed to monitor and protect the safety of City rights-of-way and may be coordinated with other City Code permitting requirements and the indemnification and insurance requirements pursuant thereto or to parts 3 and 4 of this Chapter. (Ord. 2001-427-E, § 2)