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In case of damage, destruction or disturbance of any street, sidewalk, alley, public way, paved area, tree lawn or other portion of the rights-of-way (including trees, shrubbery, and improvements thereon) by grantee, grantee shall, without delay and at its own cost and expense and in a manner approved by the City Engineer, replace and restore such street, sidewalk, alley, public way, paved area, or portion of the rights-of-way (including trees, shrubbery, and improvements thereon) to its former state of usefulness, repair and condition, paved, seeded, mulched, replanted, or sodded in a manner and with the same type, quality, and condition of materials that will match those damaged, destroyed or disturbed and those of the adjacent property so that disturbed area is in as good a condition as before the work involving such disturbance was done. In the event grantee, after ten (10) days advance notice, fails or refuses to commence, pursue and complete such replacement and restoration work, the City shall have the authority, but not the obligation, to complete such restoration and to require grantee to pay to the City the cost of such restoration. In the event that the restoration of the disturbed area, or the area adjacent thereto, deteriorates at a faster rate than that which would have occurred had grantee not damaged, destroyed or disturbed the area, then in that event, grantee shall repair, replace, or restore such areas to their original condition prior to the disturbance. Any such deterioration occurring within the five (5) year period following the disturbance will be presumed to result from grantee's actions and disturbance of the area. Any trees in the disturbed area or the area adjacent thereto that die within said five (5) year period will be presumed to have died as a result of grantee's actions and disturbance of the area. (Ord. 2008-32. Passed 10-15-08.)
If the City shall elect to alter or change the grade of any street, sidewalk, alley or other public way, or to change the location of or engage in the construction, reconstruction, maintenance or repair of any public property, structure or facility, or to engage in any public improvements, and if as a result thereof it is deemed necessary by the City for grantee to move, relocate, change, alter or modify any of its facilities or structures in order to assure the public’s unencumbered continued use of the rights-of-way for travel and other proper public uses, then in such event and upon reasonable written notice of not less than sixty (60) days, grantee at its sole cost shall promptly move, relocate, change, alter or modify its facilities. In the event grantee, after such notice, fails or refuses to commence, pursue and complete such relocation work within a reasonable time, the City shall have the authority, but not the obligation, to move, remove, relocate, change, alter, modify or abate such structures or facilities and to require grantee to pay to the City the cost of such relocation, alteration, or modification. In the event of an emergency which threatens the health or safety of the public requires the relocation, alteration, or removal of the facilities, the City will attempt to notify promptly the grantee and Grantee shall have the right to move, alter, or remove the facilities from the rights-of-way.
(Ord. 2008-32. Passed 10-15-08.)
Grantee shall, on the request of any person holding an appropriate permit issued by the City, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting the same, and grantee shall have the authority to require such payment in advance. Grantee shall be given not less than ten (10) business days advance notice to arrange for such temporary wire changes. (Ord. 2008-32. Passed 10-15-08.)
Subject to applicable City Ordinances, grantee shall have the authority to trim trees upon and overhanging 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, cables and equipment 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.
(Ord. 2008-32. Passed 10-15-08.)
(a) Grantee shall cooperate with other grantees and the City for the best, safest, most efficient, most aesthetic and least obtrusive use of the rights-of-way, to minimize traffic and other disruptions including street cuts, and to achieve the most efficient utilization of, construction in and occupancy of the rights-of-way. Grantee shall not be required to divulge trade secrets or other competitively sensitive confidential information the release of which would cause material injury to the grantee. Any confidential information of a grantee in the possession of the City will be treated as such, to the extent determined legally appropriate by the City's Law Director.
(b) Grantee shall participate in all joint planning conferences called by the City to discuss construction projects and other matters impacting the rights-of-way. Such participation may be by telephone if suitable arrangements are made in advance.
(c) Grantee shall cooperate with other grantees in utilization of, construction in and occupancy of private rights-of-way within the City, but only to the extent the same is consistent with the grant thereof, is not additionally burdensome to any property owner or unreasonably burdensome to the grantee; provided, however, that nothing in this section shall be construed to require expenditure of funds or rearrangement of facilities by a grantee without fair compensation.
(Ord. 2008-32. Passed 10-15-08.)
(a) Where utility poles, underground conduits or ducts or other wire-holding structures or facilities already exist and are reasonably available for use by the grantee, grantee shall use such poles, conduits, ducts, structures or facilities to install its cable, wires, and equipment. Where such poles, conduits, ducts, structures, or facilities are not reasonably available, the grantee shall have the right to construct, install, erect and maintain its own poles, conduits, ducts, structures or facilities at locations as it may find necessary for the proper construction, operation or maintenance thereof. Such poles, conduits, ducts, structures or facilities shall be identified and set out in the drawings submitted with grantee's application and City approval of the grantee's application shall constitute its approval of the construction, installation and erection of those identified poles, conduits, ducts, structures and facilities. Grantee shall comply with such conditions as the City may impose in approving the application and granting any final authorization to so construct, install, locate and erect the poles, conduits, ducts, structures or facilities.
(b) Grantee shall make available to other attaching parties any usable space on its poles or in its underground structures on the same terms and conditions as other grantees make space available on their poles or in their underground structures. Where the City or a public utility serving the City desires to make use of the conduits, ducts, poles or other wire- holding structures of the grantee, but agreement therefor cannot be reached, if the City determines that the use would enhance the public safety or convenience and would not unduly interfere with the grantee's operations, the City may require the grantee to permit such use on the same terms and conditions as other grantees make space available in their conduits or ducts or on their poles or structures.
(Ord. 2008-32. Passed 10-15-08.)
(a) Grantee shall at all times employ ordinary care and shall construct, install, place, locate and maintain its facilities using commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public.
(b) Grantee shall construct, install, place, locate and maintain its facilities in such manner that they will not interfere with any installations of the City or other grantees, and in accordance with good engineering practices and, where applicable, the requirements of the National Electrical Safety Code, the rules and regulations of the Public Utilities Commission of Ohio, the Federal Energy Regulatory Commission, and all applicable ordinances and regulations of the City affecting electrical and structural installations which may currently be in effect or changed by future ordinances, and all other applicable state or federal construction and safety requirements.
(c) Grantee's facilities in, over, under, and upon the streets, sidewalks, alleys, and public ways or places of the City, wherever situated or located, shall at all times be kept and maintained in a safe, suitable, substantial condition, and in good order and repair.
(d) Grantee shall at all times maintain a force of available employees or agents sufficient to provide safe, adequate, and prompt maintenance and repair of its facilities. Such employees or agents shall perform all work, construction, maintenance or removal of structures and facilities within the rights-of-way, including tree trimming, in accordance with good engineering, construction and safety practices, including any applicable safety codes.
(e) Grantee shall register, or cause to be registered, its facilities with the Ohio Utility Protection Service or any successor thereto.
(f) Grantee shall cooperate with the City in any emergencies involving the rights-of- way.
(g) Grantee shall field identify, using distinct identification, its facilities constructed, installed, placed or located in rights-of-way. Such identification shall be consistent with industry standards for such identification.
(h) Grantee shall designate a single point of contact for reporting of emergencies and conditions affecting the safety of the public. (Ord. 2008-32. Passed 10-15-08.)
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