4-280-270 Poles, conduits and other transmission facilities.
   A.   A grantee shall utilize existing poles, conduits and other facilities whenever possible and shall not construct or install any new, different or additional poles, conduits or other facilities whether on the public way or on privately owned property until the written approval of the appropriate governmental authority, and, if necessary, of the property owner is obtained and which approval shall not be unreasonably withheld by the municipality. However, no location of any pole or wireholding structure of a grantee shall be a vested interest and such poles or structures shall be removed or modified by a grantee at its own expense whenever the city or other governmental authority determines that the public convenience would be enhanced thereby.
   B.   Where the city or a public utility serving the city desires to make use of the poles or other wire holding structures of a grantee but agreement therefore with the grantee cannot be reached, the city may require the grantee to permit such use for such consideration and upon such terms as the city shall determine to be just and reasonable, if the city determines that the use would enhance the public convenience and would not unduly interfere with the grantee's operations.
   C.   All transmission lines, equipment and structures shall be so installed and located as to cause minimum interference with the rights and appearance and reasonable convenience of property owners who adjoin on any public way and at all times shall be kept and maintained in a safe, adequate and substantial condition and in good order and repair. A grantee shall at all times employ reasonable care and shall install and maintain in use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries or nuisances to the public. Suitable barricades, flags, lights or other devices shall be used at such times and places as are reasonably required for the safety of all members of the public. Any poles or other fixtures placed in any public way by a grantee shall be placed in such a manner as not to interfere with the usual travel on such public way.
   D.   Grantee shall remove, replace or modify at its own expense, the installation of any of its facilities as may be deemed necessary by the city or other appropriate governmental authority to meet its proper responsibilities.
   E.   All installations shall be underground in those areas of the city where public utilities providing both telephone and electric service are underground at the time of installation. In areas where either telephone or electric utility facilities are aboveground, at the time of installation, a grantee may install its service aboveground; provided that at such time as those facilities are required to be placed underground by the city or are placed underground, a grantee shall likewise place its services underground without additional cost to the city or to the individual subscriber so served within the city. If the facilities of either the electric or the telephone utility are aerial, the cable television facilities may be located underground at the request of a property owner; provided that the excess cost over aerial location shall be borne by the property owner making the request.
   F.   In the event of disturbance of any public way or private property by a grantee, it shall, at its own expense and in a manner approved by the city or other appropriate governmental authority and the owner, replace and restore such public way or private property in at least as good a condition as before the work causing such disturbance was done, and grantee shall comply with the City code and regulations related to restoration of the public way. In the event a grantee fails to perform such replacement or restoration, the city or the owner shall have the right to do so at the sole expense of the grantee. Demand for payment to the city or owner for such replacement or restoring such roads or private property as may have been disturbed must be in writing to the grantee.
   G.   Whenever, in case of fire or other disaster, it becomes necessary in the judgment of the city to remove or damage any of a grantee's facilities, no charge shall be made by the grantee against the city for restoration and repair.
   H.   At the request of any person holding a valid building moving permit issued by the city or other appropriate governmental authority and upon at least 48 hours notice, a grantee shall temporarily raise, lower or cut its wires as may be necessary to facilitate such move. The direct expense of such temporary changes, including standby time, shall be paid by the permit holder and grantee shall have the authority to require payment in advance.
   I.   Grantee shall have the authority to trim trees on public property at its own expense as may be necessary to protect its wires and facilities, subject to the supervision and direction of the city or other appropriate governmental authority.
(Prior code § 113.1-30; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 4-24-12, p. 23998, § 1)
Editor's note – Coun. J. 4-24-12, p. 23998, § 1, renumbered former § 4-280-270 as § 4-280-240, and renumbered this section, which was formerly § 4-280-300, as § 4-280-270.