(a) Equipment Location; Compliance with Codes. All transmission and distribution structures, lines and equipment erected by a grantee within the City shall be so located as to cause minimum interference with the rights and reasonable convenience of property owners who join any of such streets. The CATV System shall be constructed and operated in compliance with all adopted City and national construction and electrical codes and shall be kept current with the new codes.
(b) Use of Existing Utility Facilities. Except when absolutely necessary to service a subscriber and not simply because it shall be more convenient, economical or profitable for a grantee to so operate, and then only when expressly permitted in writing by the City Engineer, with the approval of Council, under such conditions as he shall prescribe for the public welfare, a grantee shall not erect or authorize or permit others to erect any poles or facilities within the streets of the City for the conduct of its CATV System, but shall use the existing poles and other equipment of the appropriate electrical power and telephone and other utility companies under such terms and agreements as a grantee negotiates with these companies. The City shall cooperate with a grantee in negotiating and obtaining permission to use such facilities.
(c) Plat or Map for Use of Existing Facilities; Approval Required. No poles, cables, equipment or wires for the construction, maintenance and operation of the CATV System shall be installed or the installation thereof commenced on any existing pole within the City until the proposed location, specifications and manner of installation of such cables, equipment and wires shall have been set forth upon a plat or map showing the existing poles, streets, alleys, or highways within the City, where such installations are proposed and submitted in writing by a grantee to the City Engineer, with approval of Council, and approved by that Department, in writing.
(d) Approval for Other Installations and Locations. Should a grantee be required in the conduct of his business to locate property within the streets of the City other than property which may be attached to utility poles, then in that event, before a grantee installs, or permits any other person to install for the grantee, any of such property in the street, the nature of such property shall be disclosed to the City Engineer, with the approval of Council, for his approval as to the need thereof and as to the location within the street, and only installed under such conditions as he shall prescribe concerning such location or installation.
(e) Relocation, Re-installation; Notice to Grantee. Whenever the City, County or State requires the relocation or reinstallation of any property of a grantee in any of the streets of the City, it shall be the obligation of a grantee upon notice of such requirement to immediately remove and relocate or reinstall such property as may be reasonably necessary to meet the requirements of the City, County and State. Such relocation, removal or re-installation by a grantee shall be at the sole cost of a grantee.
(f) Underground Installations. Whenever in any place within the City all the electric and telephone utilities are located underground, it shall be the obligation of a grantee to locate or to cause his property to be located underground within such places.
If the electric utilities or telephone utilities are located underground in any place within the City after a grantee has previously installed his property, nevertheless, a grantee shall at the same time or immediately thereafter remove and relocate his property also underground in such places. Facilities of a grantee placed underground at the property owner's request in an area where electric utilities or telephone utilities are aerial shall be installed with the additional expense paid by the property owner.
(g) Tree Trimming. At his own expense, the grantee shall have the authority, subject to City approval, to trim trees overhanging the streets of the City so as to prevent the branches of such trees from coming in contact with a grantee's wires and cables.
(h) Disturbing, Restoring Streets and Sidewalks. In case of disturbance of any street caused by a grantee, a grantee shall, at his own cost and expense and in a manner approved by the City Engineer, replace and restore such street in as good a condition as before the work involving such disturbance was done. Provided, that where a cut or disturbance is made in a section of sidewalk, paving, rather than replacing only the area cut, a grantee shall replace the full width of the existing walk and length of the section or sections cut, a section being determined as that area marked by expansion joints or scoring.
(i) Guarantee of Restoration Work. A grantee shall maintain, repair and keep in good condition for a period of one year following such disturbance all portions of a sidewalk or street disturbed by him or his agents, provided such maintenance and repairs are made necessary because of defective workmanship or materials supplied by the grantee.
(j) Moving of Buildings; Notice to Grantee. A grantee shall, on the request of any person holding a building moving permit issued by the City, temporarily raise or lower its wires to permit the moving of such building. The expense of such temporary removal or raising or lowering of the wires shall be paid by the person requesting the same and a grantee shall have the authority to require such payment in advance. A grantee shall be given not less than forty-eight hours advance notice to arrange for such temporary wire changes. In the event of a disagreement between a grantee and a holder of a permit, such disagreement shall be resolved by the City Engineer.
(k) Repairs After Disaster or Fire. If at any time, in case of fire or disaster in the City, it becomes necessary, in the judgment of the Mayor or the Chief of the Division of Fire, to cut or move any of the wires, cables, amplifiers, appliances or other fixtures of a grantee, this may be done and the repairs thereby rendered necessary shall be made by a grantee, at his own cost and expense and without charge against the City.
(1) Barricades, Warning Devices Required. Grantee's work, while in progress, shall be properly executed at all times with suitable barricades, flags, lights, flares or other devices as are reasonably required by the City to protect all members of the public having occasion to use the portion of the streets involved, or adjacent property.
(Ord. 5757-1980. Passed 5-13-80.)