Title 13 - Streets and Sidewalks

13.50.230 Exclusion of Certain Locations/Facilities.

Prior to its installation of any Facilities in the Rights-of-Way and after it provides the City with its proposed plans for the Facilities, the City may in its discretion designate certain locations or facilities in the Rights-of-Way to be excluded from use by Franchisee for its Facilities, including, but not limited to, ornamental or similar specially-designed street lights, or other facilities or locations which, in the reasonable judgment of the City Engineer do not have electrical service adequate or appropriate for the Franchisee's Facilities or cannot safely bear the weight or wind loading thereof, or any other facility or location that in the reasonable judgment of the City Engineer is incompatible with the proposed Facilities or would be rendered unsafe or unstable by the installation. The City Engineer may further exclude certain other facilities that have been designated or planned for other use or are not otherwise available for use by Franchisee due to engineering, technological, proprietary, legal, or other limitations or restrictions as may be reasonably determined by the City Engineer. In the event such exclusions conflict with the reasonable requirements of the Franchisee, the City will cooperate in good faith with Franchisee to attempt to find suitable alternatives, if available, provided that the City shall not be required to incur financial cost nor require the City to acquire new locations for Franchisee. All such determinations shall be in writing and appealable to the City Manager as provided in the ROW Ordinance.

(History: Ord. CaSC-2293 §1, 2001)

Effective on: 1/1/1901