§ 114.21  USE OF STREETS.
   (A)   Interference with persons and improvements.  The grantee’s cable system shall be located, erected and maintained so that none of its facilities shall endanger or unreasonably interfere with the lives of persons or unreasonably interfere with the rights or reasonable convenience of property owners who adjoin any of the streets, or interfere with any improvements the city may deem proper to make, or unnecessarily hinder or obstruct the free use of the streets or public property.
   (B)   Restoration to prior condition.  In case of any disturbance of pavement, sidewalk, landscaping, driveway or other surfacing by the grantee, 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 disturbed, in as good condition as immediately before the work was commenced and in accordance with any generally applicable ordinances of the city. Approval by the city shall not be unreasonably withheld.
   (C)   Erection, removal and common uses of poles.
      (1)   No poles or other wire-holding structures shall be erected by the grantee without prior approval of the city with regard to location, height, types, and any other pertinent aspect. However, no location of any pole or wire-holding structure of the grantee shall be a vested interest and such poles or structures shall be removed or modified by the grantee at its own expense whenever the city determines that the public convenience would be enhanced thereby.
      (2)   Where poles or other wire-holding structures already existing for use in serving the city are available for use by the grantee, but it does not make arrangements for such use, the city may require the grantee to use such poles and structures if it determines that the public convenience would be enhanced thereby and the terms of the use available to the grantee are just and reasonable. For purposes of this section, the city shall consider the terms of use to be just and reasonable only if they are comparable to established state and/or federal standards.
      (3)   In the absence of any governing federal or state statute, where the city or a public utility serving the city desires to make use of the poles or other wire-holding structures of the grantee, but agreement thereof with the grantee cannot be reached, the city may require the grantee to permit such use for such consideration and upon such terms as the city shall determine to be just and reasonable, if the city determines that the use would enhance the public convenience and would not unduly interfere with the grantee’s operations. For purposes of this section, just and reasonable terms of use shall be those comparable to established state and/or federal standards.
   (D)   Relocation of the facilities.  If at any time during the period of this franchise the city shall lawfully elect to alter or change the grade of any street, the grantee, upon reasonable written notice by the city, shall remove or relocate as necessary its poles, wires, cables, underground conduits, manholes and other fixtures at its own expense unless the utilities are compensated, in which case the grantee shall be similarly compensated.
   (E)   Cooperation with building movers.  The grantee shall, on the request of any person holding a building moving permit issued by the city, temporarily raise or lower its wires 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 five business days advance written notice to arrange for such temporary wire changes.
   (F)   Tree trimming.  The grantee shall comply with any generally applicable ordinances of the city related to the trimming of trees and other shrubbery in or overhanging the streets or public property.
(Ord. 1846, passed 12-7-98)