A. The city reserves the right to change the grade, to change the width or to alter or change the location of any street over which the franchise is granted.
B. The city reserves the right for itself and public entities which are now or may later be established to lay, construct, repair, alter, relocate and maintain subsurface or other facilities or improvements of any type or description within the city streets over which the franchise is granted. If the city or other public entity finds that the location or relocation of such facilities or improvements conflicts with the facilities laid, constructed or maintained under the franchise, whether such facilities were laid before or after the facilities of the city or such public entity were laid, the grantee of such franchise shall, at no expense to the city or public entity, on or before a date specific in a written request from the public works director, which date shall not be less than thirty (30) days after the receipt of such notice and request to do so, commence work to change the location either permanently or temporarily of all facilities so conflicting with such improvements to a permanent or temporary location in said highways to be approved by the public works director. Grantee shall thereafter diligently prosecute such work to completion. If such street be subsequently designated a state highway, while it remains a state highway the rights of the state of California shall be as provided in Streets and Highways Code section 680, as it presently exists or may be amended or superseded.
C. The city reserves the right for itself, for all cities and public entities which are now or may be later established, to improve the surface of any city street over which the franchise is granted, upon written notice that the grantor intends to improve any such city street within the territory covered by the franchise, and requests that the grantee erect, install, lay or construct beneath the surface of the city street the facilities which at that time are known or believed by the grantor to be necessary or convenient to serve its needs and those of the public in the foreseeable future. The grantee shall commence such work on or before the date specific in such written notice and request, which date shall be not less than thirty (30) days from receipt of such written notice and request, and diligently prosecute such work to completion. After the completion of said highway improvements by the grantor, the right of the grantee to lay or construct facilities in, under or through the improved surface of said city street or portion of the city street, under the franchise, shall be subject to such additional terms and conditions as the public works director may impose to minimize any damage to such improved surface.
D. The city expressly reserves the right and privilege, at no cost to the city, of installing and maintaining four (4) communication circuits upon any poles or in any communication conduit erected or placed by virtue of the franchise. The city may use the circuits for maintaining a communication, control and fire alarm service in the dispatch of city business; and all such poles erected or conduits laid under the authority of the franchise shall be erected and laid in such a manner as to leave sufficient space for the proper accommodation of the four (4) circuits to be installed and maintained by the city. (Ord. 579, 2-9-2005)