Aerial construction of facilities must be specifically authorized by the city prior to construction and located to minimize interference with the other uses of the rights-of-way and other public properties, and interference with the rights and reasonable convenience of property owners whose property adjoins any of the rights-of-way and other public properties. The decision to authorize above ground construction shall be applied in a non-discriminatory manner. If other franchisees have facilities above ground and there is capacity available, above ground installations shall be permitted until such time as all franchisees are required to relocate underground. Aerial facilities shall be moved underground at franchisee’s own cost upon request from the city or when other users of the same rights-of-way convert to underground facilities.
(Ord. G-D13, Series 2005, passed 4-26-05)