§ 115.70 EQUIPMENT ERECTIONS.
   (A)   All structures, lines and equipment erected by the grantee within the city shall be located so as to cause minimum interference with the proper use of streets, alleys, easements and other public ways and places and to cause minimum interference with the rights or reasonable convenience of property owners, and the grantee shall comply with all reasonable, proper and lawful ordinances of the city now or hereafter in force. Existing poles, posts, conduits and other structures of any electric power system, telephone company, or other public utility located in the city may be made available to the grantee for leasing or licensing upon reasonable terms and rates and shall be used to the extent practicable in order to minimize interference with travel and avoid unnecessary duplication of facilities. The city shall actively assist the grantee to the fullest extent necessary in obtaining reasonable joint pole or conduit use agreements from the owners of existing poles or conduits.
   (B)   In case of any disturbance by the grantee of pavement, sidewalk, driveway or other surfacing, the grantee shall, at its own cost and expense and in accordance with applicable regulations promulgated by the city, replace and restore all paving, sidewalk, driveway or surface so disturbed in as good condition as before the work was commenced.
   (C)   In the event that at any time during the period of this franchise the city shall lawfully elect to alter or change any street, alley, easement or other public way requiring the relocation of the grantee’s facilities, then in that event the grantee, upon reasonable notice by the city, shall remove, relay, and relocate the facilities at its own expense. However, where public funds are available for this relocation pursuant to law, the grantee shall not be required to pay the cost.
   (D)   The grantee shall have the authority to trim trees upon and overhanging all streets, alleys, easements, sidewalks and public places of the city so as to prevent the branches of the trees from coming into contact with the grantee’s facilities.
   (E)   The grantee shall at all times keep all of its poles, lines, structures, and other facilities in, on, over and under the streets, sidewalks, alleys, easements and public grounds or places of the city in a safe and substantial condition.
(Prior Code, § 115.45) (Ord. 4565, passed 11-13-1979) Penalty, see § 115.99