(a) All transmission and distribution structures, lines and equipment erected by the franchisee within the City shall be so located as to cause minimum interference with the proper use of streets, alleys and other public rights-of-way and public places and to cause minimum interference with the rights and reasonable convenience of property owners who adjoin any such streets, alleys or public rights-of-way and public places.
(b) In case of disturbance of any street, sidewalk, alley, public right-of-way or paved area, the franchisee shall, at its own cost and expense, and in a manner approved by the Director of Public Works, replace and restore such street, sidewalk, alley, public rights-of-way or paved area in as good a condition as it was in before the work involving such disturbance was done.
(c) If, at any time, during the period of a franchise granted pursuant to this Chapter, the City shall lawfully elect to alter or change the grade of any street, sidewalk, alley or other public right-of-way, the franchisee, upon reasonable notice by the City, shall remove, relay and relocate its poles, wires, cables, underground conduits, manholes and other fixtures at its own expense.
(d) Any poles or other fixtures placed in any public right-of-way by the franchisee shall be placed in such manner as not to interfere with the usual travel on such public place.
(e) The franchisee shall, on the request of any person, including the City, holding a building moving permit issued by the City, temporarily raise or lower its wires to permit the moving of buildings. Except where the requesting party is the City, the expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting the same, and the franchisee shall have the authority to require payment in advance. The franchisee shall be given not less than 48 hours advance notice to arrange for such temporary wire changes.
(f) The franchisee shall, after giving notice to and obtaining the approval of the City’s Parks and Recreation Department, have the authority to trim trees upon and hanging over streets, alleys, sidewalks and public rights-of-way and places of the City so as to prevent the branches of such trees from coming in contact with the wires and cables of the franchisee. At the option of the Parks and Recreation Department, such trimming may be done by it or under its supervision and direction at the expense of the franchisee.
(g) In all sections of the City where the cable, wires or other like facilities of public utilities are placed underground, the franchisee shall place its cables, wires or other like facilities underground. Franchisee may apply to the City for a waiver of this requirement, and the City may grant the waiver request, if franchisee demonstrates that existing technology does not reasonably permit the franchisee to place its facilities underground.
(Ord. 2428, passed 2-18-1974; Ord. 2899, passed 3-21-1984; Ord. 3486, passed 1-28-2002)