Sec. 711.331. - Authority for use of City rights-of-way/permits.

(a) Prior to the installation, placement or removal of any pipes, conduits, cables or pole lines, or the start of any other type of construction on the City rights-of-ways, the grantee shall, pursuant to the requirements of existing or subsequently enacted City ordinances, obtain all permits from, and pay all applicable fees to, the City's department of public works. Such permits shall set out the place, date and time where the conduits, cables, or pole lines, or other form of construction, are to be installed, or removed or where the construction is to be conducted. All permit applications submitted by the grantee shall contain plans showing known utility facilities and specifications, and letters of no conflict as provided by other utilities having facilities located where the grantee desires to place its conduits, cable or pole lines or begin construction. The grantee will not assert the existence of any vested rights if the City issues a permit. Further, issuance of a permit by the City shall not be construed by the grantee as a warranty that the placement by the grantee of its conduits, cables or pole lines, or the start of construction, is in compliance with any applicable rules, regulations or laws. In accordance with the provisions of Section 220, the grantee shall file with their permit applications to the City, bonds solely for the protection of the City with a surety company or trust company or companies as surety or sureties in the amount of 110 percent of the estimated cost of public improvements in the rights-of-way to protect the City from any and all damages or costs suffered or incurred by the City as a result thereof, including but not limited to attorney's fees and costs of any action or proceeding, and including the full amount of compensation, indemnification, cost of removal or abandonment of any property or other costs which may be in default, up to the full principal amount of such bond; and the condition shall be a continuing obligation during the entire term of any permit issued in accordance herewith and thereafter until the permittee shall have satisfied in full any and all obligations to the City which arise out of or pertain to the permit. (b) Any type of construction proposed by the grantee shall be subject to the City Code and other regulations of the City pertaining thereto, and shall be performed with the least possible interference with the use of the public way and to adjoining property owners and in compliance with the rules and regulations of the Florida Department of Transportation. (c) Any pipes, conduits, cables or pole lines installed or placed without first having obtained the permits hereinbefore provided for shall be removed within 30 days written notice by the City to remove the same and, in default of compliance with such notice, the conduits, cables or poles or other construction may be removed by order of the department of public works of the City and the cost of removal shall be borne and paid by the grantee, or in the event the City approves the placement of same after the fact, grantee shall obtain all requisite permits therefor and pay all applicable penalties and fees. (d) The grantee shall construct and maintain its system so as not to interfere with other lawful uses of the public ways. To the extent possible, grantee shall make use of existing poles and other facilities available to the grantee. The grantee may erect additional poles or construct other facilities so long as all applicable permits and consents are obtained. The grantee shall use its best efforts to individually notify all adjacent property owners affected by the proposed construction prior to the commencement of that work. Such notification shall not be required for emergencies necessitating immediate repairs. (e) Notwithstanding the grant to use public ways, no public way shall be used by a grantee if the City (Director of Public Works), in its sole discretion, determines that such use is inconsistent with the terms, conditions or provisions by which the public way was created or dedicated or is being used. (Ord. 2001-427-E, § 2)