Legal Documents of Bean Station
Code of Bean Station
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Code of Bean Station
Title 20 Miscellaneous
Chapter 2 Telecommunications
Title 20 Miscellaneous
Chapter 2 Telecommunications
Bean Station
Title 20 : Miscellaneous
Chapter 2 : Telecommunications
20-215 : Construction obligations.
- A provider is subject to the police powers of the town, other governmental powers, and the town's rights as a property owner under state and federal laws. A provider is subject to town requirements and federal and state rules in connection with the construction, expansion, reconstruction, maintenance, or repair of facilities in the public rights-of-way.
- A provider shall place certain facilities underground according to applicable town requirements.
- At the town's request, a provider shall furnish the town accurate and complete information relating to the construction, reconstruction, removal, maintenance, operation, and repair of facilities performed by the provider in the public rights-of-way. If any information furnished is erroneous as to the location of facilities, and reliance on this information results in construction delays or additional expenses, the provider who furnished the erroneous information shall be liable for the cost of delays and the additional expenses.
- The construction, expansion, reconstruction, excavation, use, maintenance and operation of a provider's facilities and property are subject to applicable town requirements.
- A provider shall perform excavations and other construction in the public rights-of-way in accordance with all applicable town requirements, including the obligation to use trenchless technology whenever possible. The director of public works shall waive the requirement of trenchless technology if he determines that field conditions warrant the waiver. A provider shall minimize interference with the use of public and private property and shall follow the construction directions given by the town.
- When a provider completes construction work, a provider shall promptly restore the public rights-of-way in accordance with applicable town requirements. A provider may excavate only for the construction, installation, expansion, repair, removal, and maintenance of the provider's facilities.
- The town may require a provider to allow attachment of another provider's facilities to its poles and conduits, in accordance with the town charter, state and federal law.
- A provider shall furnish the director of public works and the chief administrative officer with construction plans and maps showing the routing of new construction at least forty-five (45) days before beginning construction that involves an alteration to the surface or subsurface of the public right-of-way. A provider may not begin construction until the plans and drawings have been approved in writing by the director of public works.
- If the chief administrative officer declares an emergency and requests the removal or abatement of facilities, by written notice, a provider shall remove or abate the provider's facilities by the deadline provided in the chief administrative officer's request. A provider and the town shall cooperate to the extent possible to assure continuity of service. If a provider, after notice, fails or refuses to act, the town may remove or abate the facility, at the sole cost and expense of the provider, without paying compensation to the provider and without the town incurring liability for damages.
- Except in an emergency, a provider may not excavate the pavement of a street or public right-of-way without first complying with town requirements.
- Within one hundred twenty (120) days of completion of each new segment of a provider's facilities, a provider shall supply the town with a complete set of "as built" drawings for the segment in a format prescribed by the director of public works. A provider must obtain the town's approval before relocating the provider's facilities in the public rights-of-way. The town may not unreasonably withhold approval. A provider shall furnish a revised map including additional facilities on June 30 of each year to the director of public works showing how these facilities connect to existing facilities. (Ord. #____, June 1997)
Date Last Updated: 05/28/2024
Codification Date: 07/01/2020
Officials at Date of Last Codification:
Mayor - Ben Waller
Aldermen - Mickey Ankrom
Aldermen - Jeff Atkins
Aldermen - Eddie Douglas
Aldermen - Patsy Winstead Harrell
Recorder - Robin Jarnigan