A. Use: All transmission and distribution structures, lines and equipment erected by the grantee within the city shall be so located as to cause minimum interference with the proper use of streets, alleys and other public ways and places, and not to interfere with existing public utility installations. In all areas of the city where the cables, wires or other like facilities of public utilities are placed underground, the grantee shall place its cables, wires or other like facilities underground.
1. To the extent the grantee constructs and maintains its cables and other equipment on or about private property, and an easement for such use has already been granted to a telephone company or other public utility, said easement shall, if at all possible, be interpreted so as to grant the grantee the same rights and privileges as have been granted to telephone companies and other public utilities. In such easements, the words "telephone company" shall be interpreted to include the grantee.
2. The grantee shall furnish to and file with the city, maps, plats and permanent records of the location and character of all facilities constructed, including underground facilities.
B. Restoration: In case of any disturbance of rights of way, pavement, sidewalk, driveway or other surfacing, the grantee shall, at its own expense, and in the manner provided by the city, replace and restore all rights of way, paving, sidewalk, driveway or other surface of any street or alley disturbed. The grantee shall, for a period of one year, guarantee such restoration and in the event there is a problem, shall, upon given notice, repair same within fifteen (15) days after notice. If the grantee fails to complete such repairs as requested, then the city may do so at the expense of the grantee.
C. Relocations: If at any time during the period of this franchise the city shall lawfully elect to alter, or change the grade or location of any street, alley or other public way, the grantee shall, upon reasonable notice by the city, remove, relay and relocate its poles, wires, cables, underground conduits, manholes and other fixtures at its own expense, and in each instance comply with the requirements of the city.
D. Placement Of Fixtures: The grantee shall not place poles, conduits, or other fixtures above or below ground where the same will interfere with any gas, electric, telephone fixtures, water hydrant or other utility, and all such poles, conduits or other fixtures placed in any street shall be so placed as to comply with the requirements of the city.
E. Temporary Removal Of Wires And/Or Fixtures For Building Moving: The grantee shall, on request of any person holding a moving permit issued by the city, temporarily move its wires or fixtures to permit the moving of buildings, the expense of such temporary removal to be paid by the person requesting the same, and the grantee shall be given not less than forty eight (48) hours' advance notice to arrange for such temporary changes.
F. Tree Trimming: The grantee shall have authority to trim any trees upon and overhanging the streets, alleys, sidewalks, and public places of the city so as to prevent the branches of such trees from coming in contact with the wires and cable of the grantee, except that at the option of the city, such trimming may be done by it, or under its supervision and direction, at the expense and liability of the grantee. (Ord. 676, 9-25-2012)