Legal Documents of Bean Station

Code of Bean Station

Table of Contents » Title 20 Miscellaneous » Chapter 2 Telecommunications » § 20-216 Conditions of rights-of-way occupancy.
Print This Page
PDF
Go to
20
Title 20
20-1
Title 20, Chapter 1
20-101
§ 20-101
Bean Station
Title 20 : Miscellaneous
Chapter 2 : Telecommunications

20-216 : Conditions of rights-of-way occupancy.

  1. In the exercise of governmental functions, the town has first priority over all other uses of the public rights-of-way. The town reserves the right to lay sewer, gas, water, and other pipe lines or cables and conduits, and to do underground and overhead work, and attachment, restructuring or changes in aerial facilities in, across, along, over or under a public street, alley, or right-of-way occupied by a provider, and to change the curb, sidewalks or the grade of streets.
  2. In case of conflict or interference between the facilities of different providers, the provider whose facilities were first permitted shall have priority over a competing provider's use of the public rights-of-way.
  3. If, during the term of a municipal permit, the town authorizes abutting landowners to occupy space under the surface of any public street, alley, or rights-of-way, the grant to an abutting landowner shall be subject to the rights of the provider. If the town closes or abandons a public right-of-way that contains a portion of a provider's facilities, the town shall convey the land in the closed or abandoned public rights-of-way subject to the rights granted in the municipal permit.
  4. If the town gives written notice, a provider shall, at the provider's expense, temporarily or permanently, remove, relocate, change or alter the position of provider's facilities that are in the public rights-of-way within one hundred twenty (120) days. The town shall give notice whenever the town has determined that removal, relocation, change, or alteration is reasonably necessary for the construction, operation, repair, maintenance or installation of a town or other governmental entity's public improvement in the public rights-of-way. This section shall not be construed to prevent a provider's recovery of the cost of relocation or removal from private third parties who initiate the request for relocation or removal.
  5. A provider who holds a municipal permit may trim trees in or over the rights-of-way for the safe and reliable operation, use and maintenance of its network. All tree trimming shall be performed in accordance with standards promulgated by the town. When ordered by the director of public works, tree trimming shall be done under the supervision of the town.
  6. Providers shall temporarily remove, raise or lower its aerial facilities to permit the moving of houses or other bulky structures, if the town gives written notice of no less than forty-eight (48) hours. The expense of this temporary rearrangement shall be paid by the party or parties requesting and benefitting from the temporary rearrangement. Provider may require prepayment or prior posting of a bond from the party requesting the temporary move. (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

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