Sec. 711.332. - Conditions on public way occupancy.

(a) All facilities, structures, lines and equipment erected by the grantee within rights-of-way of the City shall be so located to cause minimum interference with the proper use of streets, alleys and other public ways and places and to cause minimum interference with the rights and reasonable convenience of property owners who own property adjoining any such streets, alleys or other public ways and places. (b) The grantee shall not in any way displace, damage or destroy any sewer, water main, pipe or any other facilities belonging to the City, or to any third party who placed such facilities therein by express authority of the City, without the consent of the City, and the grantee shall be liable to the City or to the third party owner, as the case may be, for the cost of any repairs made necessary by any such displacement, damage or destruction and shall pay such costs within 30 days of grantee's receipt of an invoice for same. (c) The grantee shall, at its own cost and expense, replace and repair without delay any sidewalk, public way, alley, highway, waterway, bridge or any other public place that has been excavated, broken, removed, displaced or disarranged by the grantee in the conduct of its construction, maintenance and operation of any portion of the system, or as a result of the deterioration of any portion of the system, and restore the same to as good a condition as it existed prior to the grantee commencing its work. Upon failure of the grantee to do so after 30 days written notice by the Director of Public Works of the City, the City may make such repairs and replacements as it deems reasonably necessary, and the grantee shall pay the City upon demand all costs of such repairs and replacements. The grantee shall, to the satisfaction of the Director of Public Works, maintain any repairs it makes pursuant to this Section for a period of one year following the date of such repair. (d) The grantee shall use all proper and reasonable care in connection with any work which it may do in, over, under or across any public way, alley, highway, waterway, bridge, easement or other public place of the City in seeking to prevent harm, damage or injury to persons or property therefrom. (e) The grantee shall: (1) Produce, maintain and provide to the City a complete set of "as built" plans including, but not limited to, horizontal and vertical profiles within 45 days after completion of construction of any portion of the system; (2) Comply with all applicable laws, regulations and codes promulgated for the protection of the public including, but not limited to, the National Electric Code, the National Electrical Safety Code, the Florida Department of Transportation Utilities Accommodations Guide, the State of Florida Manual of Uniform Minimum Standards for Design Construction and Maintenance for Streets and Highways and such other design or regulatory manuals which regulate the insulation of structures within City rights-of-way; (3) Become a member of and maintain membership in a utility notification one-call system. (f) The grantee shall prohibit any officer, agent, employee, contractor or subcontractor which the grantee retains from removing or substantially trimming any tree or major portion thereof, either above, at, or below ground level, which is located within a public way without the prior written approval of the Department of Public Works (with the assistance of other City departments as may be required by the Director of Public Works). Each grantee shall be responsible for and shall indemnify, defend and hold harmless the City and its officers, agents and employees from and against any and all damages arising from or resulting from the removal, trimming, mutilation of or any injury to any tree proximately caused by the grantee or its officers, agents, employees, contractors or subcontractors. (g) In the event the City requires the grantee to adapt or conform any portion of the system, or in any way to alter, temporarily or permanently relocate or to change any portion of same to enable any other person to use a public way, avenue, alley, sidewalk, highway, bridge, easement or other public place of the City, the grantee shall be reimbursed by the person desiring or occasioning such change for any loss, cost or expense caused by or arising out of such change, alteration or relocation of any portion of the system. (h) In an emergency, as determined by the City, when the grantee or its representative is immediately unavailable or unable to provide the necessary immediate repairs to any portion of the system in the rights-of-way that is damaged or malfunctioning or to any faults or settled or sunken areas that may develop in any area over, around or adjacent to same, the City, when apprised of such an emergency, shall have the right to make repairs to protect the public health, safety and welfare, with the total cost of same being charged to the grantee. (i) In an effort to minimize the number of facilities within the City's public ways, the disruption of traffic and roadway destruction, the grantee shall endeavor to enter into joint use agreements with the City and other parties who are expressly authorized by the City to use its public ways provided such agreements are satisfactory to the grantee. Nothing herein contained shall mandate that the grantee enter into joint use agreements. (j) The grantee shall maintain and operate all parts of the system in good, safe and operable condition and shall at all times possess a valid certificate of authorization from the FPSC and/or other applicable jurisdiction(s). (k) Whenever, in case of fire or other disaster, it becomes necessary, in the reasonable judgment of the City, to remove or damage any of the grantee's facilities, no charge shall be made by the grantee against the City for restoration and repair reasonably necessary under the circumstances. The City shall endeavor to avoid or limit damage to the extent necessary under the circumstances. (Ord. 2001-427-E, § 2)