A. Before commencing construction of its cable communications system in, above, over, under, across, through or in any way connected with the streets, public ways or public places of the City, the operator shall first obtain the written approval from the Department of Public Works. Applications for such approval shall be made in the form prescribed by the Department.
B. Upon obtaining such written approval, the operator shall give the Department written notice within a reasonable time of proposed construction, but in no event shall such notice be given less than ten (10) days before such commencement.
C. Any person who submits a proposal to enter into an agreement for the award of a franchise shall include proposed agreements for the use of utility poles with all utility companies whose poles shall be used in or affected by the construction of the proposed cable communications system, which agreements shall become effective on the date of execution of the agreement awarding a franchise in accordance herewith in the event that such person is selected to be the operator.
D. Any cable operator shall, at its own cost and expense, protect, support, temporarily disconnect, relocate in the same street or other public place, or remove from such street or other public place, any of its property when required to do so by the City because the street or other public excavation, construction, repair, regrading, or grading; traffic conditions; installation of sewers, drains, water pipes, City-owned power or signal lines, tracks; vacation or relocation of streets or any other type of structure or improvements of a public agency, or any other type of improvement necessary for the public health, safety or welfare.
E. Nothing in this Chapter or any agreement awarding a franchise in accordance herewith, shall be construed as authorizing an operator to erect and maintain new poles in areas serviced by existing poles. The operator shall obtain written approval from the City, such approval not to be withheld unreasonably, before erecting any new poles or underground conduits where none exist at the time that the operator seeks to install its cable communications system.
F. An operator shall maintain all wires, conduits, cables, and other real and personal property and facilities in good condition, order, and repair.
G. All cable operators shall keep accurate, complete and current maps and records of its system and facilities and shall furnish as soon as they are available two (2) complete copies of such maps and records to the Department of Public Works. Such maps and records shall be available for inspection by the public during normal business hours of the Department.
H. An operator shall not place, or cause to be placed, poles or other equipment in such a manner as to interfere with the rights or reasonable convenience of adjoining property owners, or with any gas, electric or telephone utilities fixtures or property, nor shall the operator place, or cause to be placed, such poles or equipment in the right of way between the cartway and the right of way boundary except with the written approval of the City.
I. An operator shall, at the request of any person holding a permit to move a building, temporarily raise or lower its wires to permit the moving of such building. Such temporary removal, raising or lowering of wires shall be at the cost and expense of the person requesting the same, and the operator shall have the authority to request payment for the same in advance before complying with such request. An operator shall restore any wires moved in accordance herewith to their former position as soon as possible after the building is moved. (Ord. 90-85)