A. The Grantee shall utilize existing poles, conduits and other facilities whenever possible and economically feasible, and shall not construct or install any new, different, or additional poles, conduits, or other facilities on public property until the written approval of the Grantor is obtained.
B. The Grantee shall notify the Grantor at least ten (10) days prior to the intention of the Grantee to commence any construction in any streets. The Grantor shall cooperate with the Grantee in granting any permits required, providing such grant and subsequent construction by the Grantee shall not unduly interfere with the use of such streets and proposed construction shall be done in accordance with the pertinent provisions of the ordinances of the Grantor.
C. All transmission lines, equipment and structure shall be so installed and located as to cause minimum interference with the rights and reasonable convenience of property owners and at all times, shall be kept and maintained in a safe, adequate and substantial condition, and in good order and repair. The Grantee shall, at all times, employ ordinary 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, flares 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 the Grantee shall be placed in such a manner as not to interfere with the usual travel on such public way.
D. The Grantee shall, at its own expense, and in a manner approved by the Grantor, restore to the Grantor's reasonable standards and specifications any damage or disturbance caused to the public way as a result of its operations or construction on its behalf.
E. Whenever, in case of fire or other disaster, it becomes necessary in the judgment of the Grantor to remove any of the Grantee's facilities, no charge shall be made by the Grantee against the Grantor for restoration and repair, except for any damage caused by the negligence of the Grantor in such removal.
F. 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 Grantor.
G. Upon receipt of thirty (30) days written notice, the Grantee at its expense shall protect, support, temporarily disconnect, relocate, or remove any property of the Grantee when, in the opinion of the Grantor the same is required by reason of traffic conditions, public safety, street vacation, freeway or street grade, separation or realignment, installation of sewers, drains, waterpipes, power line, signal line, transportation facilities, tracks, or any other types of structures or improvements by governmental agencies whether acting in a governmental or a proprietary capacity, or any other structure or public improvement, including but not limited to movement of buildings, redevelopment, or any general program under which the Grantor shall undertake to cause any such properties to be located beneath the surface of the ground. Nothing hereunder shall be deemed a taking of the property of the Grantee.
H. After receipt of thirty (30) days written notice, upon failure of the Grantee to commence, pursue or complete any work required by law or by the provisions of this Chapter to be done in any street, within the time prescribed and to the satisfaction of the Grantor, the Grantor may, at its option, cause such work to be done and the Grantee shall pay to the Grantor the cost thereof in the itemized amounts reported by the Grantor to the Grantee within thirty (30) days after receipt of such itemized report. Except as to the payment by the Franchisee to the City of such itemized amounts, the City shall indemnify and hold the Franchisee harmless from and against any and all claims, liabilities, losses, damages and expenses arising from or related to any gross negligence in the performance by the City of such work.
I. The Grantee shall make no paving cuts or curb cuts unless written permission has been given by the Grantor.
J. Grantor reserves the right to require conduit for underground cable in special areas.
('65 Code, § 35B-6(j)) (Ord. No. 87-021 § 1; Ord. No. 2001-009 § 1)