(A) Construction. Subject to the NESC, grantee’s electric light and power system shall be constructed and maintained in such manner as not to interfere with sewers, water pipes, or any other property of the city, or with any other pipes, wires, conduits or other facilities that may have been laid in the public ROW by or under the city’s authority. The grantee shall comply with all applicable published city permitting requirements prior to commencing any construction in the public ROW. The grantee and the city shall work together during any design process affecting the public ROW in accordance with O.R.S. 758.025 to establish suitable locations for grantee’s facilities and, to the extent possible, with a goal of trying to minimize cost to both parties. Assuming there is sufficient space in the public ROW that meets the grantee’s construction standards as provided to the OPUC, NESC requirements and generally applicable standards published by the city, all poles shall be placed between the sidewalk and the edge of the public ROW unless another location is approved by the City Engineer. For any land use development in the city requiring the grantee’s services, the city shall notify the grantee of such pending land use development and the grantee shall notify the city of the grantee’s construction standards that are provided to the OPUC and NESC requirements that are applicable to the pending land use development. The city shall impose a condition on its land use development approval that the developer either:
(1) Provide a sufficient location in the public ROW located in the land use development for grantee facilities that meet the grantee’s applicable construction standards and NESC requirements, or
(2) Obtain an easement for grantee facilities that meet the grantee’s applicable construction standards and NESC requirements.
(B) Acquisition. Subsequent to the effective date of this franchise, upon the grantee’s acquisition of additional grantee facilities in the public ROW, or upon any addition or annexation to the city of any area in which the grantee retains grantee facilities in the public ROW of such addition or annexation, the grantee shall submit to the city a statement describing all grantee facilities involved, whether authorized by a franchise agreement or upon any other form of prior right, together with a map, as described in § 100.05, specifying the location of all such grantee facilities. Such grantee facilities shall immediately be subject to the terms of this franchise.
(C) Emergency repairs. In the event emergency repairs to grantee facilities are necessary, the grantee shall as soon as reasonably possible (i.e., within 24 hours during the week or, if made on the weekend, on the following Monday after the emergency repairs) notify the city of the need for such repairs. The grantee may immediately initiate such emergency repairs and, if permits are required by the city, apply for appropriate permits the next business day or as soon as reasonably possible following discovery of the emergency. In the event excavation is necessary in conjunction with the repairs, § 100.06 shall also apply.
(D) Reasonable care. All work completed by the grantee within the public ROW shall be conducted with reasonable care and with the goal of minimizing the risk to those using the public ROW and to minimize the risk of damage to public and third party property. All work shall be performed in accordance with all applicable laws and regulations, including but not limited to the NESC. Any work completed by the grantee within the public ROW may be inspected by the city to determine whether it has been placed in its approved location according to the grantee’s permit issued by the city. If emergency work has been completed by the grantee in the public ROW and the city determines such work was not completed in a city approved location, the city shall notify the grantee and provide the grantee with 60 days after the emergency has passed to re-perform the work in a city approved location, subject to the NESC.
(Ord. 2010-03-01, passed 3-10-2010; Ord. 2010-04-01, passed 5-13-2010)