(A) All of the cable system franchisee's plants and equipment, including but not limited to the antenna site, head-end and distribution system, towers, house connections, structures, poles, wire, cable, coaxial cable, fixtures and appurtenances, shall be installed, located, erected, constructed, reconstructed, replaced, removed, repaired, maintained and operated in accordance with good engineering practices, performed by experienced poleline construction crews and so as not to endanger or interfere with the safety of any persons or property or to interfere with improvements the city may deem proper to make or to interfere in any manner with the rights of any property owner or to unnecessarily hinder or obstruct pedestrian or vehicular traffic on city properties. Further, all such plant and equipment and all construction shall meet all relevant specifications of the Federal Communications Commission.
(B) Any opening or obstructions in or disturbances of the streets, public ways or other city properties made by the franchisee in the exercise of its rights under the franchise agreement shall be guarded and protected at all times by the placement of adequate barriers, fences or boardings, the bounds of which during periods of dusk and darkness shall be clearly designated by adequate warning lights, all by the franchisee at its expense. In case of any physical disturbance or damage to any streets, public ways or other city properties occurring in the course of erection, installation, construction, reconstruction, replacement, removal, repair, maintenance or operation, the franchisee shall promptly repair such disturbance and damage at its own expense and in a manner approved by the city.
(C) The franchisee shall, at its expense, protect, support, temporarily disconnect, relocate in the same street or other public place or city property or remove from the street or other public place or city property any property of the franchisee when required by the City Council or its designee by reason of traffic conditions, public safety, street vacation, freeway and street construction, change or establishment of street grade, installation of sewers, drains, water pipes, power lines, signal lines and tracks or any other type of structures or improvements by public agencies; provided, however that this subsection shall not be interpreted to prohibit reimbursement to the franchisee for relocation expenses where reimbursement is required or authorized by state or federal law.
(D) The franchisee shall, on the request of any private party holding an appropriate permit issued by the city, temporarily raise or lower its lines to permit the moving of any building or other structure, and the actual expense of the work shall be paid by the party requesting the work.
(E) Upon failure of the franchisee to commence, pursue or complete any work required by law or by the provisions of the franchise to be done in any street or other public place or city property, within the time prescribed and to the satisfaction of the City Council or its designee, the City Council or its designee may, at its option, cause such work to be done, and the franchisee shall pay to the city the cost thereof in the itemized amounts reported by the City Council or its designee to the franchisee within 30 days after receipt of such itemized report.
(1993 Code, § 18-69)