CHAPTER 3

RIGHT OF WAY MANAGEMENT

SECTION

14-301.  General use of and construction in right of way.

14-302.  Construction.

14-303.  Relocation.

14-304.  Restoration of city's rights of way.

14-305.  Maintenance and workmanship.

14-306.  Acquisition of facilities.

14-307.  Reservation of city right of way rights.

14-308.  Reservation of rights and privileges.

14-309.  Street vacation.

14-310.  Discontinuing use of facilities.

14-311.  Hazardous substances.

14-312.  Underground cable.

14-313.  Construction codes.

14-314.  Construction and use of poles.

14-315.  Tree trimmings.

          14-301.   General use of and construction in right of way.  Relationship with other laws.  Construction work and maintenance of any and all facilities within the town’s rights of way shall be done in accordance with the Eagleville Municipal Code, including but not limited to, EMC Title 16; Town of Eagleville Standard Specifications for Road, Bridge and Municipal Construction; Town of Eagleville Standard Plans for Municipal Construction; any other applicable ordinance, rule or policy; and any amendments thereto.  The provisions of chapter 3 are meant to be supplemental to the, above provisions.  In the event of a conflict between the above provisions and this section, the above provisions shall prevail. 

          14-302.   Construction. (1) All construction and maintenance of any and all facilities within the town's rights of way incident to grantee's cables, lines, piping, fibers, and appurtenances shall be and remain the grantee's responsibility regardless of who performs the construction.  Grantee shall apply for and obtain all permits necessary for construction or installation of any facilities, and for excavating and laying any facilities, within the town's rights of way.  Grantee shall pay all applicable fees upon issuance of the requisite construction permits by the town to grantee, and shall pay all inspection fees and other costs incurred by the town an a result of work authorized by such permit.

            (2)       Before beginning any construction, grantee shall provide the town with a construction schedule for work in the town's rights of way.  As grantee's construction of facilities of the town's rights of way is completed on its location subsequently altered during the term of the permit, grantee shall periodically provide the town with maps showing the location of the installed facility in the town's rights of way, as built.

            (3)       Before beginning any work in the town's rights of way, grantee shall apply for and obtain appropriate permits from the town, and give appropriate notices to any other franchisees, licensees or permittees of the town, or other units of government owning or maintaining pipes, wires, conduits or other facilities which may be affected by the proposed excavation.

            (4)       When facilities pass over or under private or publicly owned property it shall be grantee's sole responsibility to obtain all necessary permission from the owner thereof before commencing work, and to notify all utility companies and property owners who may be subject to damage or inconvenience during such work.  

          14-303.   Relocation.  The town shall have the right to require grantee to change the design or location of any of grantee's cables, lines, piping, fibers, and appurtenances within the town's rights of way when the public convenience or public interest would be served by such a change, and the expense thereof shall be paid by grantee.  Should grantee fail to remove or relocate or redesign any such facilities by the date reasonably established by the town, the town may effect such removal or relocation or redesign, and the expense thereof shall be paid by grantee, including all costs and expenses incurred by the town due to grantee's delay.  If the town requires grantee to relocate its facilities located within the town's rights of way, the town shall provide grantee with an alternate location within the town's rights of way.  Nothing herein shall prevent grantee from participating in any alternative funding for relocation.  

          14-304.   Restoration of town's rights of way.  Whenever grantee disturbs the surface of any right of way for any purpose, the grantee shall be responsible for restoration of the town's right of way and its surface within the area affected by the excavation unless the town authorizes itself in the street use permit to perform such restoration work.  The cost of all restoration work, including the cost of inspection and supervision shall be paid by the grantee.  All excavations made by grantee in the town's rights of way shall be properly safeguarded for the prevention of accidents.  

          14-305.  Maintenance and workmanship. (1) Grantee's cables, lines, piping, fibers, and appurtenances shall be constructed and maintained so as not to interfere with sewers, water pipes, conduits or any other property of the town, or with any other pipes, wires, conduits, structures or other facilities that may have been laid in the town's rights of way by or under the town's authority.

            (2)       Grantee shall operate its system so as to prevent injury to the town's property or property belonging to any person within the town, grantee, at its own expense, shall repair, renew, change and improve its facilities from time to time as may be necessary to accomplish this purpose.

            (3)       Grantee shall not construct its system in any manner that requires any subscriber to install any cable, wire, conduits or other facilities, under or over a right of way.

          14-306.  Acquisition of facilities.   Upon Grantee's acquisition of facilities in any town right of way, or upon the addition or annexation to the town of any area in which grantee owns or operates any facility in any town right of way, the grantee shall, at the town's request, submit to the town a statement and as-built plans describing all existing facilities, whether authorized by franchise, permit, license or other prior right, and depicting the location of all such facilities with such specificity as the town property may reasonably require.  Such facilities shall immediately be subject to the terms of this chapter, and shall be brought into compliance with it as soon as practicable.  In the event the new facilities or annexed area have characteristics that make literal application of any term of the chapter inappropriate, the parties will negotiate in good faith to modify the chapter solely with respect to such characteristics and only to the extent necessary to achieve consistency with the purposes of this chapter.  

          14-307.   Reservation of city right of way rights. Nothing in this chapter shall prevent the town from constructing, maintaining, or repairing any town right of way, or public work or improvement in the town's rights of way.  All such work shall be done, insofar as practicable, so as not to obstruct, injure or prevent the use and operation of grantee's cables, lines, piping, fibers, and appurtenances.  However, if any of the grantee's system will interfere with the construction maintenance, or repair of any town right of way or public work or improvement in the town's rights of way, at its own expense the grantee shall remove or relocate its system as the town directs.  Should the grantee fail no remove, adjust or relocate its facilities by the date established by the town's written notice to grantee, the town may effect such removal, adjustment or relocation and recover the cost thereof from the grantee, including all costs and expenses incurred by the town due to grantee's delay. 

          14-308.   Reservation of rights and privileges.  Nothing in this chapter shall deprive the town of any rights or privileges which it now has, or which may hereafter be conferred upon it, including any rights to exercise its police powers in the regulation and control the use of the rights of way. 

          14-309.   Street vacation.  If any street or portion thereof used by grantee is vacated by the town during the term of their agreement, unless the city council specifically reserves to grantee the right to continue its installation in the vacated street, grantee shall, without delay or expense to the town, remove its facilities from such street and the expense thereof shall be paid by grantee.  

          14-310.  Discontinuing use of facilities. Whenever grantee intends to discontinue using any facility or capacity within the town's rights of way, grantee shall submit for the Town of Eagleville’s approval a complete description of the facility and the date on which the grantee intends to discontinue using the facility or capacity.  Grantee may remove the facility or request that the town permit it to remain in place.  Notwithstanding the grantee's request that any such facility remain in place, the Town of Eagleville may require the grantee to remove the facility from the town's right of way or modify or maintain the facility or capacity to protect the public health and safety or otherwise serve the public interest.  The Town of Eagleville may require the grantee to perform a combination of modification, maintenance, and/or removal of the facility and/or capacity.  Grantee shall complete such removal or modification in accordance with a schedule set by the Town of Eagleville.  Until such time as grantee removes or modifies the facility as directed by the Town of Eagleville, or until the rights to and responsibility for the facility are accepted by another person having authority to construct and maintain such facility, grantee shall be responsible for all necessary repairs and relocation's of the facility, as well as maintenance of the town's right of way, in the same manner and degree as it the facility were in active use, and grantee shall retain all liability for such facility.  

          14-311.   Hazardous substances. (1) Grantee shall comply with all applicable state and federal laws, statutes, regulations and orders concerning hazardous Substances relating to grantee's cable system in the town's rights of way.  For purposes of section 14-311, "Hazardous Substances" shall be all substances so characterized in RCW 70.1050.020 (5).

            (2)       Grantee shall maintain and inspect its facilities located in the town's rights of way and immediately inform the town of any release of hazardous substances.  Upon reasonable notice to grantee, the town may inspect grantee's facilities in the town's rights of way to determine if any release of hazardous substances has occurred, or may occur, from or related to grantee's facilities.  In removing or modifying grantee's facilities as provided in this chapter, grantee shall also remove all residue of hazardous substances related thereto provided, however, if it is determined that grantee's owned facilities did not cause the release of hazardous substances, grantee shall have no duty to remove such substances.

            (3)       Grantee agrees to forever indemnify the town against any claims, costs, and expenses, of any kind, whether direct or indirect, incurred by the town arising out of a release of hazardous substances arising from, connected to or incident to grantee's facilities in the town's rights of way.  

          14-312.   Underground cable.  Grantee is strongly encouraged to locate and construct its present and future cables and other facilities underground.  Grantee shall install its cables or other facilities underground wherever and at the same time existing utilities in the immediate vicinity are installed underground, where all utilities are placed underground, or where statute or ordinance requires utilities to be placed underground.  Previously installed aerial cable shall be underground in concert, and on a reasonable cost-sharing basis, with other utilities pursuant to the general ordinances of the town or applicable state law, or in the event that a telecommunications utility or a public utility decides to underground its on a voluntary basis, unless the town grants an exception.  

          14-313.   Construction codes.  Grantee shall strictly adhere to all building and zoning codes currently or hereafter in affect.  Grantee shall arrange its lines, cables, and other appurtenances, on both public and private property, in such a manner as to cause no unreasonable interference with the use of said public or private property by any person.  In the event at such interference, the town may require the removal or relocation of the grantee's lines, cables, and other appurtenances from the property in question at grantee's expense.  

          14-314.   Construction and use of poles. Grantee shall negotiate and enter into pole attachment agreements with utilities maintaining poles in the grantee's franchise area an terms acceptable to grantee and the affected utilities; provided, any obligations to provide fiber or capacity that might be imposed on grantee, shall be deemed fully satisfied for the term of their agreement and any extensions by grantee's agreement to install, at the time of grantee's own construction, fiber for the town in accordance with the following provisions:

            (1)       In the course of Grantee's own construction of its optical fiber system grantee shall include at the town's request additional fiber for the town's exclusive use for governmental purposes.  Such purposes shall not include any lease, license, or other transfer to any third party of the right to use such fiber and shall not include any commercial use.  However, such purposes may include the following uses, for which the town may receive payment to defray its costs of installation and maintenance-.

                        (a)       The Town may share use of the fiber with other governments for governmental purposes where signals are mixed with town signals in the same transmission system- and the town may make fibers available to schools as distinctly leased fibers or as part of a shared transmission system as described above.

                        (b)       The town shall bear the incremental cost of adding the additional fiber during grantee's construction and the incremental cost, if any, of maintenance.

                        (c)        The total amount of fiber installed for the town under this provision shall not exceed thirty (30) miles in distance, nor two hundred (200) fiber miles (number of fibers in a sheath times distance) without the express consent of grantee.

                        (d)       Grantee's agreement to provide fiber under this section shall not be construed as acquiescence in or admission of the town's authority to impose such obligations unilaterally. 

          14-315.   Tree trimmings. The grantee must submit all construction plans and/or pruning plans to the town for initial review before any work begins.  This review may take place concurrently with reviews required by the city council.

Back to City of Eagleville Home Page

Copyright © 2002 City of Eagleville, Tennessee - All Rights Reserved
For problems or questions regarding this web contact the Web Designer.
Last updated: December 14, 2003.