Chapter 12.05
USE OF STREETS AND PUBLIC WAYS FOR TELECOMMUNICATIONS PURPOSES
Sections:
12.05.020 Installation and maintenance of facilities.
12.05.040 Moving of buildings.
12.05.010 Purpose.
The purpose of this chapter is to regulate the construction, maintenance and operation in, on and/or under the present and future streets, alleys, malls, bridges, highways and other public ways of the city, all hereinafter referred to as “streets,” of poles, wires, conduits, cables and other apparatus and appliances, hereinafter referred to as “facilities,” for the purpose of supplying telephone, telegraph and other communication services to the city and the inhabitants thereof, and to persons and corporations beyond the limits of the city, by any person, company or other entity, hereinafter for convenience referred to as “telephone company.” [Ord. 569 § 1, 1981.]
12.05.020 Installation and maintenance of facilities.
The locations and methods of installation and maintenance of all facilities shall be subject at all times to reasonable regulation by the council of the city, or by such committee of the council or such official of the city as may be designated by the council, and all such facilities shall be so constructed and maintained as to interfere as little as practicable with street or other traffic. All such facilities shall be installed and at all times maintained by telephone company in safe order and condition and in accordance with good utility practice and telephone company, at its own cost and expense, shall promptly repair any of said streets in any way disturbed by telephone company, and shall restore the same to as good a condition as the same were in prior to the doing of any work thereon or therein by telephone company. Telephone company shall comply with all lawful present and future ordinances, rules or regulations of the city relating to the use or improvement of said streets. Wires, cables and other appliances and conductors may be strung on poles or other fixtures aboveground, or, at the option of telephone company, may be laid underground in pipes or conduits, or otherwise protected and such other apparatus may be used as may be necessary or proper to operate and maintain the same. In the event the city of Roslyn constructs an underground or aboveground facility at a location in conflict with an underground or overground facility owned or operated by telephone company, such telephone company shall, upon written notice from the city engineer, or other authorized official of the city designated by the city council, remove and relocate its facility so as not to conflict with the location of the city-owned underground facility, at no cost to the city. [Ord. 569 § 2, 1981.]
12.05.030 Service.
The service to be furnished hereunder by telephone company shall be continuous and shall be adequate for the requirements of the city and its inhabitants, subject to accidents, interferences or interruptions beyond the reasonable control of telephone company, and shall be furnished under such reasonable rules and regulations as telephone company may make from time to time for the proper conduct of its business. Such service and all rates and charges therefor, and all rules and regulations pertaining thereto or to the making of necessary and proper extensions of service, shall be subject at all times to any rules, regulations and orders lawfully prescribed by the Washington Utilities and Transportation Commission, or by any other authority having jurisdiction thereof. [Ord. 569 § 3, 1981.]
12.05.040 Moving of buildings.
When necessary, in order to permit any duly authorized person to move any building or other structure across or along any street, highway, bridge or public way within the city, telephone company shall temporarily raise or remove its wires, fixtures and appurtenances upon such street, upon reasonable notice in advance from such person, such notice to bear the approval of the city official authorized to issue the permit for such moving and at such time and in such manner as may be necessary reasonably to accommodate such moving, consistent with the maintenance of proper service to telephone company’s customers; provided, however, that the cost to telephone company of such temporary raising or removal, and of any interruption of telephone company’s service to its customers caused thereby, shall be paid or satisfactorily secured to the telephone company by the owner or mover of such building or other structure. [Ord. 569 § 4, 1981.]
12.05.050 City facilities.
The city shall be permitted, upon reasonable notice to telephone company and without charge therefor, to attach its traffic control, fire alarm and police signal wires to the poles of telephone company in said city, but at the city’s own risk and only in accordance with standard safety practices. If there is not sufficient space available thereon for said purposes, telephone company’s structure may be so changed, altered, or rearranged at the expense of the city as to provide proper clearance for such wires. Such facilities shall be subject to interference by telephone company only when and to the extent necessary for proper construction, maintenance, operation or repair of telephone company’s utility property and facilities. [Ord. 569 § 5, 1981.]
12.05.060 Liability.
Telephone company shall be liable for and indemnify the city and officers thereof against and from any and all claims, and all damages, cost and expense which it or they may be subjected by reason of any acts or omissions of telephone company, or its agents or servants, in any manner arising out of the construction, maintenance or operation of any property of telephone company in or on any of said streets. [Ord. 569 § 6, 1981.]
12.05.070 Violation.
In the event telephone company shall fail to perform or comply with any of the provisions hereof or regulations hereunder, and shall continue to so fail after the receipt of written notice from the city, specifying such failure to perform or noncompliance, and demanding the remedy thereof within a reasonable time, a violation of this chapter will be deemed to have occurred. Every person convicted of a violation of any provision of this chapter shall be punishable by a fine of not more than $300.00. For any violation of a continuing nature, each day’s violation shall be considered a separate offense and shall subject the offender to the above penalties for each such offense. [Ord. 569 § 7, 1981.]