(A) Underground Installation. All installations shall be underground in those areas of the city where public utilities providing telephone and electric service are underground at the time of installation. In areas of the city where either telephone or electric utility facilities are above ground at the time of installation, grantee may install its service above ground, provided that at such time as those facilities are required to be placed underground by the state or are placed underground, the grantee shall likewise place its services underground without direct additional cost to the city. If the county compensates any utility for such underground construction, the county shall also compensate the grantee where not otherwise required to be placed underground by this chapter or the franchise, the grantee's system shall be located underground at the request of the adjacent property owner, provided that the excess cost over aerial location shall be borne by the property owner making the request. All cable passing under the roadway shall be installed in conduit.
(B) Approvals. Prior to construction or alteration, however, the grantee shall in each case file plans with the appropriate city agencies, complete use agreements with the utility companies, obtain all construction permits and receive written approval of the city before proceeding, which approval shall not be unreasonably withheld.
(C) Interference with Persons, Improvements, Public and Private Property and Utilities. The grantee's system and facilities, including poles, lines, equipment and all appurtenances, shall be located, erected and maintained so that such facilities shall:
(1) Not endanger or interfere with the health, safety or lives or persons;
(2) Not interfere with any improvements the city, county or state may deem proper to make;
(3) Not interfere with the free and proper use of public streets, alleys, bridges, easements or other public ways, places or property, except to the minimum extent possible during actual construction or repair;
(4) Not interfere with the rights and reasonable convenience of private property owners, except to the minimum extent possible during actual construction or repair; and
(5) Not obstruct, hinder or interfere with any gas, electric, water or telephone facilities, easements, property rights, or other utilities facilities' easements located within the city.
(D) Restoration to Prior Condition. In case of any disturbance of pavement, sidewalk, driveway or other surfacing, the grantee shall, at its own cost and expense and in a manner approved by the city, replace and restore all paving, sidewalk, driveway, landscaping, or surface of any street or alley disturbed, consistent with the practices of local utilities. Such restoration shall be undertaken and shall be completed as soon as possible thereafter. Such closing shall be at the expense of the grantee.
(E) Private Property. The grantee shall be subject to all laws, ordinances or regulations regarding private property or regulations regarding private property in the course of constructing, installing, operating or maintaining the Cable Television System in the city. Grantee shall promptly repair or replace all private property, both real and personal, damaged or destroyed as a result of the construction, installation, operating, or maintenance of the Cable Television System at its sole cost and expense.
(F) Relocation of the Facilities. In the event that at any time during the period of the franchise, the state shall lawfully elect to alter, or change, the grade of any street, alley or other public ways, the grantee, upon reasonable notice by the proper authority, shall remove or relocate as necessary its poles, wires, cables, underground conduits, manholes and other fixtures at its own cost and expense. If the county compensates any utility for such changes, the county shall also compensate the grantee.
(G) Cooperation with Building Movers. The grantee shall, on the request of any person holding a building moving permit issued by the city, temporarily raise or lower its wire to permit the moving of buildings. The expense of such temporary removal, raising or lowering of wires shall be paid by the person requesting the same, and the grantee shall have the authority to require such payment in advance. The grantee shall be given not less than 15 working days' advance notice to arrange for such temporary wire changes.
(H) Tree Trimming. The grantee shall comply with all state laws and regulations regarding tree removal and trimming in public rights-of-way.
(I) Easements. All necessary easements over and under private property shall be arranged for by the grantee.
(Ord. 99-38, passed 7-6-99)