In addition to the terms set forth elsewhere within this subchapter, the following terms shall apply:
(A) Attachment to poles. Nothing contained in this subchapter shall obligate or restrict the company in exercising its rights voluntarily to enter into pole attachment, pole usage, joint ownership or other wire space or other facilities agreements with light and/or power companies or with other companies utilizing wire transmission or services which are operating within the city. Further, nothing contained in this subchapter shall preempt any pole attachment agreement between the city and the company wherein the company or city agrees to pay the other a mutually agreed upon fee to place its facilities on a utility pole or other facilities owned by the other.
(B) Competitive neutrality. The city will manage the public rights-of-way in a competitively neutral and non-discriminatory manner.
(C) Construction permits. The company shall submit information to the city describing the location and estimated duration of any construction activity which will result in the disturbance of any public rights-of-way as may be lawfully required by city ordinance or other regulations applicable to all users of the public rights-of-way. This information shall be submitted prior to the construction activity except in the case of emergencies, in which case the information shall be submitted as soon as practical thereafter. When the company shall make or cause to be made excavations, or shall place obstructions in any public rights-of-way, the company shall place appropriate barriers and lighting.
(D) Placement of facilities. The location and route of all facilities within the public rights-of-way shall be subject to the reasonable direction of the city.
(E) Protection of facilities. The city will make every reasonable effort to ensure that the rights of the company are adequately protected.
(F) Relocation of facilities.
(1) Upon 30 days’ written-notice by the city, the company shall begin relocation of its facilities within the public rights-of-way at its own expense to permit the widening or straightening of streets. The notice by the city shall specify a new location for the company's facilities along the public rights-of-way.
(2) The city retains the right to move any facilities within the public rights-of-way to cure or otherwise address a public health or safety emergency. The city shall cooperate to the extent possible with the company in the instances to assure continuity of service and to afford to the company the opportunity to make the relocation itself.
(3) If the city requires the company to adapt or conform its facilities to enable any other entity or person, except the city, to use, or to use with greater convenience, the public rights-of-way, the company shall not be required to make any changes until the other entity or person shall reimburse or make arrangements satisfactory to the company to reimburse the company for any loss and expense caused by or arising out of the change; provided, however, that in no event shall the city be liable for the reimbursement. The company shall not be required to relocate its facilities outside of the public rights-of-way.
(G) Restore rights-of-way. The Company shall restore the surface of the public rights-of-way disturbed by its construction and maintenance of Facilities within a reasonable time of the completion of work, at its own cost and expense, to the condition as existed before commencement of work.
(H) Temporary removal of aerial wires. The Company on the request of any person shall remove or raise or lower its wires within the city temporarily to permit the moving of houses or other bulky structures. The expense of the temporary removal, raising or lowering of wires shall be paid by the benefitted party or parties, and the Company may require the payment in advance. The Company shall be given not less than 5 business days advance notice to arrange for the temporary wire changes.
(I) Traffic interference. The Company shall endeavor to minimize disruptions to the efficient use of the public rights-of-way by pedestrians and vehicular traffic, and the public rights-of-way shall not be blocked for a longer period than shall be reasonably necessary to execute all construction, maintenance and/or repair work.
(J) Tree trimming. The Company shall have the right to trim trees upon and overhanging the public rights-of-way so as to prevent trees from coming in contact with the Facilities of the Company. All expenses resulting from the activity shall be the responsibility of the Company.
(K) Vacating public rights-of-way. If the city vacates or otherwise abandons a public rights-of-way or any portion thereof, the city will provide the Company with either a public utility easement in that public rights-of-way or a commercially reasonable alternative location in which to relocate its Facilities. The city shall bear the cost of relocation unless relocation is necessitated solely to protect the public health and safety. The Company must be given a minimum of 30 days notice prior to any vacation or abandonment of a public rights-of-way by the city.
(Ord. 23, passed 1-21-1999)