(A) All transmission and distribution structures, lines, and equipment erected by the grantee within the city shall be so located as to cause minimum interference with the proper use of streets, alleys, and other public ways and places, and to cause minimum interference with the rights and reasonable convenience of property owners who adjoin any of the said streets, alleys, or other public ways and places; and said poles and towers shall be removed by the grantee whenever the city’s Public Works Superintendent or Engineer reasonably finds that the same restrict or obstruct the operation or location of any future streets or public places in the city.
(B) Construction and maintenance of the transmission distribution system shall be in accordance with the provision of the National Electrical Safety Code, prepared by the National Bureau of Standards, the National Electrical Code of the National Board of Fire Underwriters, and such applicable rules and regulations of the city affecting electrical installation, which may be presently in effect, or changed by future ordinances.
(C) In case of disturbance of any street, sidewalk, alley, public way, or paved area, the grantee shall, at its own cost, expense, and in manner approved by the City Public Works Superintendent or Engineer, replace and restore such street, sidewalk, alley, public way, or paved areas in as good of condition as it was before the work involving such disturbance was done. The grantee shall not be required to pay a fee for street openings.
(D) If the city lawfully elects to alter or change the grade of any street, sidewalk, alley, or other public way, the grantee, upon reasonable notice by the city, shall remove, relay, and relocate its poles, wires, cables, underground conduits, manholes, and other fixtures at its own expense.
(E) The grantee shall, on the request of any person holding a permit issued by the city, or any person who wishes to remove trees or structures from his or her property, temporarily raise or lower its wires to permit the moving of buildings or tree removal. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting the same, and the grantee shall have the authority to require such payment in advance. The grantee shall be given not less than 48 hours’ advance notice to arrange for such temporary wire changes.
(F) The grantee shall have the authority to trim trees that are overhanging the streets, alleys, sidewalks, and public ways and places of the city so as to prevent the branches of such trees from coming in contact with the wires and cables of the grantee, except that at the option of the city, such trimming may be done by it or under its supervision and direction at the expense of the grantee.
(G) The grantee shall, at its expense, protect, support, temporarily disconnect, relocate on the same street, alley, or public place, remove from the street, alley, or public place any property of grantee when required by the city by reason of traffic conditions, public safety, street vacation, freeway, and street construction, change or establishments of street grade, installation of sewers, drains, water pipes, power lines, signal lines and tracks, or any other types of structures or improvements by governmental agencies when acting in a governmental or proprietary capacity, or other structure of public improvement; provided, however, that grantee shall, in all cases, have the privileges and be subject to the obligations to abandon any property of grantee in places as hereinafter provided.
(H) In all sections of the city where the city designates an area where all presently aboveground services are to be placed underground, the grantee shall place its wires underground on the same time schedule and on the same conditions that are applicable to the providers of other aboveground services in the designated areas.
(1) Where the city has not made such a designation, if a subscriber requests that his or her cable television service drop be placed underground, the cost of placing the service underground and the surface restoration costs shall be paid by the subscriber. The subscriber shall also be responsible for the payment of the difference between the cost of a repair, and in addition, the cost of the surface restoration.
(2) If a grantee places the service underground for their convenience rather than at the subscriber’s request, or does so pursuant to a city designation as provided herein, then the cost of doing so, as well as the cost of restoration and repairs, shall be the sole obligation of the grantee.
(I) In the event that the use of any part of the system is discontinued for any reason for a continuous period of 12 months, or in the event such systems or property has been installed in any street or public place without complying with the requirement of this chapter, or the rights granted hereunder have been terminated, cancelled, or have expired, the grantee shall promptly remove from the street or public places all such property and poles of such system, other than any which the city may permit to be abandoned in place. In the event of such removal, the grantee shall promptly restore the street or other area from which such property has been removed to a condition satisfactory to the city.
(J) Any property of the grantee to be abandoned in place shall be abandoned in such a manner as the city may prescribe. Upon permanent abandonment of the property of the grantee in place, it shall submit to the city any instruments to be approved by the city, transferring to the city the ownership of such property.
(Prior Code, § 15-5-12)
Statutory reference:
Related provisions, see SDCL §§ 9-35-16 to 9-35-23