§ 20.18 OPERATION IN STREETS AND RIGHTS-OF-WAY.

   (a)   Use of streets .

      (1)   Grantee may, subject to the terms of this franchise , erect, install, construct, repair, replace, reconstruct and retain in, on, over, under, upon, across and along the streets within the city such lines, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, pedestals, attachments and other property and equipment as are necessary and appurtenant to the operation of a cable system within the city . Without limiting the foregoing, grantee expressly agrees that it will construct, operate and maintain its cable system in compliance with, and subject to, the requirements of the city code , including by way of example and not limitation, those requirements governing the placement of grantee's cable system ; and with other applicable city codes , and will obtain and maintain all permits and bonds required by the city code in addition to those required in this franchise .

      (2)   All wires, conduits, cable and other property and facilities of grantee shall be so located, constructed, installed and maintained as not to endanger or unnecessarily interfere with the usual and customary trade, traffic and travel upon, or other use of the streets of city . Grantee shall keep and maintain all of its property in good condition, order and repair so that the same shall not menace or endanger the life or property of any person . Grantee shall keep accurate maps and records of all of its wires, conduits, cables and other property and facilities located, constructed and maintained in the city .

      (3)   All wires, conduits, cables and other property and facilities of grantee, shall be constructed and installed in an orderly and workmanlike manner. All wires, conduits and cables shall be installed, where possible, parallel with electric and telephone lines. Multiple cable configurations shall be arranged in parallel and bundled with due respect for engineering considerations.

   (b)   Construction or alteration. Grantee shall in all cases comply with the city code , city resolutions and city regulations regarding the acquisition of permits and/or such other items as may be reasonably required in order to construct, alter or maintain the cable system . Grantee shall, upon request, provide information to the city regarding its progress in completing or altering the cable system .

   (c)   System construction and equipment standards. The cable system shall be installed and maintained in accordance with standard good engineering practices and shall conform, when applicable, with the National Electrical Safety Code, the National Electrical Code and the FCC's Rules and Regulations.

   (d)   Quality and workmanship. The cable system constructed or erected by grantee shall be of good quality and workmanship and shall be maintained in good repair and efficiency.

   (e)   Non-interference. Grantee shall exert its best efforts to construct and maintain a cable system so as not to interfere with other use of streets . Grantee shall, where possible in the case of above ground lines, make use of existing poles and other facilities available to grantee. When residents receiving underground service or who will be receiving underground service will be affected by proposed construction or alteration, grantee shall provide such notice as set forth in the permit or in city code of the same to such affected residents.

   (f)   Consistency with designated use. Notwithstanding the above grant to use streets , no street shall be used by grantee if the city , in its sole opinion, determines that such use is inconsistent with the terms, conditions or provisions by which such street was created or dedicated, or presently used under applicable laws .

   (g)   Undergrounding. Grantee shall place underground all of its transmission lines which are located or are to be located above or within the streets of the city in the following cases:

      (1)   All other existing utilities are required to be placed underground by statute, resolution, policy or other applicable law ;

      (2)   Grantee is unable to get pole clearance;

      (3)   Underground easements are obtained from developers of new residential areas; or

      (4)   Utilities are overhead but residents prefer underground (service provided at cost).

      If an ordinance is passed which involves placing underground certain utilities including grantee's cable plant which is then located overhead, grantee shall participate in such underground project and shall remove poles, cables and overhead wires if requested to do so and place facilities underground. Nothing herein shall mandate that city provide reimbursement to grantee for the costs of such relocation and removal. However, if the city makes available funds for the cost of placing facilities underground, nothing herein shall preclude the grantee from participating in such funding to the extent consistent with the city code or applicable laws .

      Grantee shall use conduit or its functional equivalent to the greatest extent possible for undergrounding, except for drops from pedestals to subscribers ' homes and for cable on other private property where the owner requests that conduit not be used. Cable and conduit shall be utilized which meets the highest industry standards for electronic performance and resistance to interference or damage from environmental factors. Grantee shall use, in conjunction with other utility companies or providers, common trenches for underground construction wherever available.

   (h)   Maintenance and restoration.

      (1)   Restoration. In case of disturbance of any street , public way, paved area or public improvement, grantee shall, at its own cost and expense and in accordance with the requirements of applicable law , restore such street , public way, paved area or public improvement to substantially the same condition as existed before the work involving such disturbance took place. All requirements of this section pertaining to public property shall also apply to the restoration of private easements and other private property. Grantee shall perform all restoration work within a reasonable time and with due regard to seasonal working conditions. If grantee fails, neglects or refuses to make restorations as required under this section, then the city may do such work or cause it to be done, and the cost thereof to the city shall be paid by grantee. If grantee causes any damage to private property in the process of restoring facilities, grantee shall repair such damage.

      (2)   Maintenance. Grantee shall maintain all above ground improvements that it places on city right-of-way pursuant to the city code and any permit issued by the city . In order to avoid interference with the city's ability to maintain the right-of-way, grantee shall provide such clearance as is required by the city code and any permit issued by the city . If grantee fails to comply with this provision, and by its failure, property is damaged, grantee shall be responsible for all damages caused thereby.

      (3)   Disputes. In any dispute over the adequacy of restoration or maintenance relative to this section, final determination shall be the prerogative of the city , Department of Public Works and consistent with the city code and any permit issued by the city .

   (i)   Work on private property. Grantee, with the consent of property owners, shall have the authority, pursuant to the city code , to trim trees upon and overhanging streets , alleys, sidewalks, and public ways so as to prevent the branches of such trees from coming in contact with the wires and cables of grantee, except that at the option of the city , such trimming may be done by it or under its supervision and direction at the reasonable expense of grantee.

   (j)   Protection of facilities. Nothing contained in this section shall relieve any person from liability arising out of the failure to exercise reasonable care to avoid damaging grantee's facilities while performing any work connected with grading, regrading or changing the line of any rights-of-way or public place or the construction or reconstruction of any sewer or water system.

   (k)   Relocation.

      (1)   City property. If, during the term of the franchise , the city or any government entity elects or requires a third party to alter, repair, realign, abandon, improve, vacate, reroute or change the grade of any street , public way or other public property; or to construct, maintain or repair any public improvement; or to replace, repair install, maintain, or otherwise alter any cable, wire conduit, pipe, line, pole, wire-holding structure, structure, or other facility, including a facility used for the provision of utility or other services or transportation of drainage, sewage or other liquids, for any public purpose, grantee shall, upon request, except as otherwise hereinafter provided, at its sole expense remove or relocate as necessary its poles, wires, cables, underground conduits, vaults, pedestals, manholes and any other facilities which it has installed. Nothing herein shall mandate that city provide reimbursement to grantee for the costs of such relocation and removal. However, if the city makes available funds for the cost of placing facilities underground, nothing herein shall preclude the grantee from participating in such funding to the extent consistent with the city code or applicable laws .

      (2)   Utilities and other franchisees. If, during the term of the franchise , another entity which holds a franchise or any utility requests grantee to remove or relocate such facilities to accommodate the construction, maintenance or repair of the requesting party's facilities, or their more efficient use, or to “make ready” the requesting party's facilities for use by others, or because grantee is using a facility which the requesting party has a right or duty to remove, grantee shall do so. The companies involved may decide among themselves who is to bear the cost of removal or relocation, pursuant to city code , and provided that the city shall not be liable for such costs.

      (3)   Notice to remove or relocate. Any person requesting grantee to remove or relocate its facilities shall give grantee no less than 45 days ' advance written notice to grantee advising grantee of the date or dates removal or relocation is to be undertaken; provided, that no advance written notice shall be required in emergencies or in cases where public health and safety or property is endangered.

      (4)   Failure by grantee to remove or relocate. If grantee fails, neglects or refuses to remove or relocate its facilities as directed by The city ; or in emergencies or where public health and safety or property is endangered, the city may do such work or cause it to be done, and the cost thereof to the city shall be paid by grantee. If grantee fails, neglects or refuses to remove or relocate its facilities as directed by another franchisee or utility, that franchisee or utility may do such work or cause it to be done, and if grantee would have been liable for the cost of performing such work, the cost thereof to the party performing the work or having the work performed shall be paid by grantee.

      (5)   Procedure for removal of cable. Grantee shall not remove any underground cable or conduit which requires trenching or other opening of the streets along the extension of cable to be removed, except as hereinafter provided. Grantee may remove any underground cable from the streets which has been installed in such a manner that it can be removed without trenching or other opening of the streets along the extension of cable to be removed. Subject to applicable law , grantee shall remove, at its sole cost and expense, any underground cable or conduit by trenching or opening of the streets along the extension thereof or otherwise which is ordered to be removed by the city based upon a determination, in the sole discretion of the city , that removal is required in order to eliminate or prevent a hazardous condition. Underground cable and conduit in the streets which is not removed shall be deemed abandoned and title thereto shall be vested in the city .

      (6)   Movement of buildings. Grantee shall, upon request by any person holding a building moving permit, franchise or other approval issued by the city , temporarily remove, raise or lower its wire to permit the movement of buildings. The expense of such removal, raising or lowering shall be paid by the person requesting same, and grantee shall be authorized to require such payment in advance. The city shall require all building movers to provide not less than 15 days ' notice to the cable company to arrange for such temporary wire changes.

   (l)   System maps and layout. Grantee shall maintain complete and accurate system maps, which shall include trunks, distribution lines, and nodes. Such maps shall include up-to-date route maps showing the location of the cable system adjacent to the streets . Within 90 days of the effective date of this franchise, and upon request thereafter in the event of any alterations, grantee shall provide a map to the city in an electronic format mutually acceptable to the grantee and the city . The level of detail in maps provided by grantee shall be limited to that which is needed for the city's administration of the streets .

(Ord. 2015-7, passed 1-26-2015)