(A) Underground installations. All installations shall be underground in those areas of the city where public utilities providing telephone and electric service are underground at the time of installation. In areas where either telephone or electric utility facilities are above ground at the time of installation, the grantee may install its device above ground, provided that, at such time as those facilities are required to be placed underground by the city or are placed underground, the grantee shall likewise place its services underground without additional cost to the city or to the individual subscriber so served. Where not otherwise required to be placed underground by this chapter or the franchise agreement, the grantee’s system shall be located underground at the request of the adjacent property owner, provided that the excess cost over the aerial location shall be borne by the property owner making the request. All new cable passing under the roadway shall be installed in conduit no less than 18 inches from the top of the conduit to the surface of the ground.
(B) Interference with persons, improvements, public and private property and utilities. The grantee’s system and facilities, including poles, lines, equipment an all appurtenances, shall be located, erected and maintained so that such facilities shall:
(1) Not endanger or interfere with the health, safety or lives of persons;
(2) Not interfere with any improvements the city, county or state may deem proper to make;
(3) Not interfere with the free and proper use of public streets, alleys, bridges, easements or other public ways, places or property, except to the minimum extent possible during actual construction or repair;
(4) Not interfere with the rights and reasonable convenience of private property owners, except to the minimum extent possible during actual construction or repair; and
(5) Not obstruct, hinder or interfere with any gas, electric, water or telephone facilities or other utilities located within the city.
(C) Restoration to prior condition. In case of any disturbance of pavement, sidewalk, driveway or other surfacing, the grantee shall, at its own cost and expense and in a manner approved by the city, replace and restore all paving, sidewalk, driveway, landscaping or surface of any street or alley disturbed, in as good a condition as, or better than, before said work was commenced and in a good workmanlike, timely manner in accordance with standards for such work set by the city. Such restoration shall be undertaken within no more than ten days after the disturbance is incurred and shall be completed as soon as possible thereafter.
(D) Relocation of the facilities. In the event that at any time during the period of this franchise the city, county or state shall lawfully elect to alter or change the grade of any street, alley or other public ways, the grantee, upon reasonable notice by the proper authority, shall remove or relocate as necessary its poles, wires, cables, underground conduits, manholes and the fixtures at its own expense.
(E) Cooperation with building movers. The grantee shall, on the request of any person holding a building moving permit issued by the Codes Inspector, temporarily raise or lower its wire to permit the moving of buildings. The expense of such temporary removal, raising or lowering of wires shall be paid by the person requesting the same, and the grantee shall have the authority to require such payment in advance. The grantee shall be given not less than 15 working days advance notice to arrange for such temporary wire changes.
(F) Tree trimming. The grantee shall have the authority, except when in conflict with existing city ordinance, to trim any trees upon and overhanging public right-of-way so as to prevent the branches of such trees from coming in contact with system facilities, except that at the option of the city, such trimming may be done by it or under its supervision and direction, at the expense of the grantee.
(G) Easements. All necessary easements over and under private property shall be arranged for by the grantee.
(H) Work within rights-of-way. Consistent with the city’s policy for temporary street closings, the closing of any part of a publicly maintained street or right-of-way must be approved by the city and shall be prohibited during peak travel hours, 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m., Monday through Friday. During repairs or improvements, traffic on streets must be maintained. Where full closing of the street is required, the request for approval must be submitted to the city at least ten days in advance. Closings will not be permitted in the business districts during the holiday shopping season. Where emergency closings are necessary the city is to be notified as soon as possible. All closings are to be protected and signed in accordance with the city’s ordinances and policies for such.
(I) Removal of city property. No city property is to be removed from a right-of-way, including signing on utility poles, without proper permission from the city.
(Ord. passed 2-16-93)