(A) All facilities of the company shall be placed so that they do not interfere with the use of rights-of-way and public places by the city and shall only be placed after approval of the location by the Director and in accordance with any specifications adopted by the city governing the location of facilities. The city reserves the right to construct, install, maintain and operate any public improvement, work or facility, do any work that the city may find desirable on, over or under any rights-of-way and public places, and vacate, alter or close any rights-of-way and public places. All such work shall be done, if possible, in such manner as not to obstruct, injure or prevent free use and operation of the company's facilities. The company agrees to obtain the city's express written approval before placing any new poles in rights-of-way and other public places, that do not currently exist in rights-of-way and other public places.
(B) (1) The city shall have the right to require the removal or relocation of facilities used by the company in any rights-of-way or public place as may reasonably be required by the city for any reason, after notice to the company, or caused or occasioned by any city project including, but not limited to, the installations of water, sanitary sewer, storm drainage, landscaping, or traffic signal facilities, road reconstruction and construction, and the company shall remove and relocate such facilities within 30 days following notice to do so from the city. Prior to any such relocation the city agrees to provide for suitable location for such relocated facilities sufficient to maintain service. The cost of any removal or relocation of its facilities shall be paid by the company. Notwithstanding the foregoing the company shall not be required by the city to relocate its facilities to accommodate another franchisee in the city. The costs of any relocations occasioned by another franchisee of the city in no event shall be the responsibility of the city.
(2) The company shall reconstruct, replace or restore any street, alley, or public way or place, in a timely fashion, and any water, sewer, sanitary sewer, storm drainage, traffic signalization facilities, or other facility of the city disturbed by the company, without cost to the city, to a condition acceptable to the city consistent with reasonable standards of safety and appearance. Any facility so disturbed by the company shall be reconstructed, replaced, or restored only under the supervision of city personnel.
(3) Subject to the provisions of § 13-4-6-5 herein and upon notice to the city, the company may remove or relocate transmission and distribution facilities maintained by the company on its own initiative.
(C) Where the city, acting through itself, an agent, contractor or permit holder, proposes to improve a street, including but not limited to landscaping and traffic signalization, water line, storm sewer or sanitary sewer within the rights-of-way or other public place under its jurisdiction or control, and such improvements include excavation and the placement of underground utilities vaults and conduit sufficient for the company's telecommunication service distribution purposes, by and at the expense of someone other than the company, then upon notification by the city and upon such reasonable scheduling as may be required by the city's ordinances and policies, the company shall replace such overhead distribution facilities as are then within the affected right-of-way with underground facilities within the vaults and conduits provided therefor. All such placement shall be at company expense. The conversion from overhead to underground shall be conditioned upon the city requiring the undergrounding in the area in which both the existing and new facilities are and will be located and the city shall require:
(1) That all existing overhead communication and electric distribution facilities in such area be removed;
(2) That each customer served from such existing overhead distribution facilities shall, in accordance with the company's rules for underground service, make all facility changes on customer's premises necessary to receive service from the underground facilities of the company as soon as it is available; and
(3) That the company is authorized to discontinue its overhead service on completion of the underground facilities.
Such replacement of overhead with underground distribution facilities shall be paid for by the company.
(Ord. 49-1995)