(A) The company should utilize existing poles, conduits and other facilities whenever practicable, and shall not construct or install new, different or additional poles, conduits or other facilities on public property until the written approval of the city is first obtained, which approval shall not be unreasonably withheld. The company shall not acquire any vested interest in any location for any pole or wire holding structure, and such poles conduits, or other facilities shall be temporarily or permanently removed, relocated, changed or altered by the company on the same terms and conditions, if any, established by the city for telephone and electric utilities.
(B) All installations shall be underground in those areas of the city where public utilities providing both telephone and electric service are underground at the time of installation. In areas where either telephone or electric utility facilities are aboveground at the time of the installation, the company may install its service aboveground, provided that at such time as those facilities are required to be placed underground by the city, or are placed underground, the company shall likewise place its services underground on the same terms and conditions, if any, established by the city for telephone and electric utilities. Where not otherwise required to be placed underground, the company’s system shall be located underground at the request of the adjacent property owners, provided that the excess cost over aerial location shall be borne by the property owner making the request. All cable passing under the roadways shall be installed in conduit.
(C) The company shall notify the city at least ten days before commencement of any construction in any streets within the city. The city shall cooperate with the company in granting any permits required, providing such grant and subsequent construction by the company shall not unduly interfere with the use of such streets and that the proposed construction shall be done in accordance with all applicable provisions of the city codes.
(D) All transmission lines, equipment and structures shall be so installed and located as to cause minimum interference with the rights and reasonable convenience of property owners, and at all times shall be kept and maintained in a safe, adequate and substantial condition and in good order and repair. The company shall at all times employ ordinary care and shall install and maintain in use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries or nuisances to the public. Suitable barricades, flags, lights, flares or other devices shall be used at such times and places as are reasonably required for the safety of all members of the public. Any poles or other fixtures placed in any street or public way by the company shall be placed in such manner as not to interfere with the usual travel on such street or public way.
(E) The company shall restore to the city standards and specifications, at its own expense and in a manner approved by the city, any damage or disturbance caused to any street, public way or to public property as a result of its operations or construction on its behalf. The company shall guarantee and maintain such restoration for a period of one year against defective materials or workmanship. The company shall restore any damage or disturbance to private property which may result from operations or construction by it or on its behalf to the property’s pre-construction condition.
(F) Whenever, in case of fire, disaster or other emergency, it becomes necessary in the judgment of the city’s officials to remove or damage any of the company’s facilities, no charge shall be made by the company against the city for restoration and repair, unless such acts amount to malicious conduct by the city.
(G) The company shall have the authority after receiving written permission from the city to trim trees on public ways of the city at its own expense as may be necessary to protect its wires and facilities. Such work shall comply with the applicable requirements of the city code and any other city rules and regulations.
(H) The company, at its own expense, shall protect, support, temporarily disconnect, relocate, or remove, any property of the company when in the opinion of the Mayor or his or her designee, the same is required by reason of traffic conditions, public safety, street vacation, street construction, change or establishment of street grade, installation of sewers, drains, water pipes, power lines, signal lines, transportation facilities, tracks or any other type of structure or improvement by governmental agencies, whether acting in a governmental or a proprietary capacity.
(I) At the request of any person holding a valid building moving permit issued by the city or other appropriate governmental authority and upon at least 48 hours’ notice, the company shall temporarily raise, lower or cut its wires as may be necessary to facilitate such move. The direct expense of such temporary changes, including standby time, shall be paid by the permit holder, and the company shall have the authority to require payment in advance.
(J) The company shall make no paving cuts or curb cuts unless absolutely necessary, and then only after written permission has been given by the city.
(K) All cables passing under any roadway shall be installed in conduit, unless the construction permit issued for such work contains an express waiver of this requirement and approval of an alternative installation.
(Prior Code, § 122.077) (Ord. 2001-377, passed 11-13-2001)