933.05 DESIGN AND CONSTRUCTION REQUIREMENTS; STREET AND OTHER PUBLIC IMPROVEMENTS; TECHNICAL STANDARDS; TREE TRIMMING.
(a) Construction.
(1) Subject to applicable Federal, State and local laws, regulations and ordinances of the Municipality and the provisions of this Permit, Permittee may perform all construction necessary for the operation of its telecommunications and/or other utilities system. All construction and maintenance of any and all facilities within streets incident to Permittee’s system shall, regardless of who performs the construction, be and remain the Permittee’s responsibility. Permittee shall apply for, and obtain, all generally applicable Permits necessary for construction or installation of any facilities, and for excavating and laying any facilities, within the streets. Permittee shall pay all applicable fees upon issuance of the requisite construction Permits by the Municipality to Permittee.
(2) Prior to beginning any construction, Permittee shall provide the Municipality with a construction schedule for work in the streets. When Permittee’s construction of facilities in the streets is completed, Permittee shall provide the Municipality with a map showing the location of the installed facility in the streets, in detail, excluding proprietary electronics. All such maps shall be available at Permittee’s local or main office for inspection. If Permittee does not have a local office, a copy of such drawings shall be given to the City at Permittee’s expense.
(3) Permittee may, with the approval of the Municipality, make excavations in streets for any facility needed for the construction of its system. Prior to doing such work, Permittee or Public Service Company shall apply for, and obtain, generally applicable Permits from the Municipality, and give appropriate notices to any other franchisees, licensees or Permittee of the Municipality, or bureaus of the Municipality, or other units of government owning or maintaining pipes, wires, conduits or other facilities which may be affected by the proposed excavation.
(4) In the event that emergency repairs are necessary, Permittee shall immediately notify the Municipality of the need for such repairs. Permittee may initiate such emergency repairs, and shall apply for appropriate Permits within 24 hours after discovery of the emergency. Permittee shall comply with all applicable regulations of the Municipality relating to such excavations or construction, including the payment of Permit or license fees.
(b) Location of Facilities.
(1) Within forty-eight (48) hours after any franchise, licensee, Permittee or other entity to which the Municipality has granted permission to conduct excavation activities notifies this Permittee of a proposed street excavation, the Permittee shall, at Permittee’s expense:
A. Mark on the surface all of its locatable underground facilities within the area of the proposed excavation;
B. Notify the excavator of any unlocatable underground facilities in the area of the proposed excavation; or
C. Notify the excavator that the Permittee does not have any underground facilities in the vicinity of the proposed excavation.
(2) In the event that all surfaces were accurately marked for underground facilities as requested and Permittee’s plant was cut for whatever reason, then the entity responsible for causing such damage shall be required to notify and pay for the repair of Permittee’s plant.
(c) Restoration of Streets; Bond.
(1) Whenever Permittee disturbs the surface of any street for any purpose, Permittee shall promptly restore the street to at least its prior condition to the satisfaction of the City Engineer. When any opening is made by Permittee in a hard surface pavement in any street, Permittee shall promptly refill the opening and restore the surface to a condition satisfactory to the City Engineer.
(2) If Permittee excavates the surface of any street, Permittee shall be responsible for restoration of the street and its surface within the area affected by the excavation in accordance with applicable regulations of the Municipality and the satisfaction of the City Engineer. The Municipality may, after providing notice and an opportunity to correct to Permittee, refill and/or repave any opening made by Permittee in the street, and the expense thereof shall be paid by Permittee. The Municipality may, after providing notice and an opportunity to correct to Permittee, remove and/or repair any work done by Permittee which, in the determination of the Municipality, is inadequate. The cost thereof, including the costs of inspection and supervision, shall be paid by the Permittee. All excavations made by Permittee in the streets shall be properly safeguarded for the prevention of accidents. All of Permittee’s work under this Permit, and this section, in particular shall be done in strict compliance with all rules, regulations and ordinances of the Municipality.
(3) Prior to the commencement of any construction within the City, Permittee shall post with the City’s Building Department cash or other form of surety, as approved by the City’s Law Director, in the amount of twenty-five thousand dollars ($25,000) to ensure that all disturbed streets and other areas are properly restored to the satisfaction of the City. In the event Permittee fails to properly restore any area disturbed by it during construction, the City may arrange for the restoration and charge any costs incurred therefor against the proceeds of this bond. In the event a bond or other form of surety is utilized, the instrument must contain provisions requiring that the City be notified in writing prior to the expiration, cancellation or termination of any bond or surety.
(d) Maintenance and Workmanship.
(1) Permittee’s system shall be constructed and maintained in such manner as not to interfere with sewers, water pipes, or any other property of the Municipality or County, or with any other pipes, wires, conduits, pedestals, structures, or other facilities that may have been laid in the streets by, or under, the authority of the Municipality.
(2) Permittee shall provide and use any equipment and appliances necessary to control and carry Permittee’s signals or other utilities so as to prevent injury to the Municipality’s property or property belonging to any person. Permittee, at its own expense, shall repair, renew, change and improve its facilities as listed above in good repair, and safe and presentable condition.
(e) Acquisition of Facilities. Upon Permittee’s acquisition of facilities in any street in the Municipality, or upon the addition or annexation to the Municipality of any area in which Permittee owns or operates any facility, the Permittee shall, at the Municipality’s request, submit to the Municipality a statement describing all facilities involved, whether authorized by franchise, permit, license or other prior right, and specifying the location of all such facilities to the extent the Permittee has possession of such information. Such facilities shall immediately be subject to the terms of this Permit.
(f) Reservation of Municipality Rights. Nothing in this Permit shall prevent the Municipality or public utilities owned, maintained and/or operated by public entities other than the Municipality from constructing sewers; grading, paving, repairing and/or altering any street; laying down, repairing or removing water mains; or constructing or establishing any other public work or improvement. All such work shall be done, insofar as practicable, so as not to obstruct, injure or prevent the use and operation of Permittee’s system. However, if any of the Permittee’s system interferes with the construction or repair of any street or public improvement, including construction, repair or removal of a sewer or water main, such portion of the Permittee’s system shall be removed or replaced in the manner the Municipality shall reasonably direct, and the Municipality shall in no event be liable for any damage to any portion of Permittee’s system. Any and all such removal or replacement shall be at the expense of the Permittee to the extent allowed by law. Should Permittee fail to remove, adjust or relocate its facilities by the date established by the written notice of the Municipality to Permittee, the Municipality, subject to applicable state law, may effect such removal, adjustment or relocation, and the reasonable expense thereof shall be paid by Permittee, including all reasonable costs and expenses incurred by the Municipality due to Permittee’s delay.
(g) Street Vacation. Subject to applicable state law, if any street or portion thereof used by Permittee is vacated by the Municipality during the term of this Permit, unless the Municipality specifically reserves to Permittee the right to continue its installation in the vacated street, Permittee shall, without delay or expense to the Municipality, remove or discontinue its use of its facilities from such street, and restore, repair or reconstruct the street where such removal has occurred, and replace the street in the condition found. In the event of failure, neglect or refusal of Permittee to restore, repair or reconstruct such street, the Municipality may do such work or cause it to be done, and the cost thereof may be collected by Municipality from the performance bond of Permittee, if any.
(h) Discontinuing Use of Facilities. Whenever Permittee intends to discontinue using any Facility within the streets, Permittee shall submit for the Municipality’s approval, a complete description of the Facility and the date on which the Permittee intends to discontinue using the Facility. Permittee may remove the Facility or request that the Municipality permit it to remain in place. Notwithstanding the Permittees’ request that any such Facility remain in place and subject to applicable state law, the Municipality may require the Permittee to remove the Facility from above the Street or modify the Facility to protect the public, health, welfare, safety, and convenience, or otherwise serve, the public interest. The Municipality may require the Permittee to perform a combination of modification and removal of any such above-ground Facility. Permittee shall complete such removal or modification in accordance with a schedule set by the Municipality. Until such time as Permittee removes or modifies the Facility as directed by the Municipality, or until the rights to and responsibility for the Facility are accepted by another Person having authority to construct and maintain such Facility, Permittee shall be responsible for all necessary repairs and relocations of the Facility, as well as maintenance of the Street, in the same manner and degree as if the Facility were in active use, and Permittee shall retain all liability for such Facility.
(i) Hazardous Substances.
(1) Permittee shall comply with all applicable state and federal laws, statutes, and orders, including, but not limited to the National Electric Safety Code concerning hazardous substances relating to Permittee’s system in the streets.
(2) Permittee shall maintain and inspect its system located in the streets. Upon reasonable notice to the Permittee, the Municipality may inspect Permittee’s facilities in the streets to determine if any release of hazardous substances has occurred, or may occur, from or related to Permittee’s system. In removing or modifying Permittee’s facilities as provided in this Permit, Permittee shall also remove all residue of hazardous substances related thereto.
(3) Permittee shall forever indemnify the Municipality against any claims, costs, and expenses, of any kind, nature and description, whether direct or indirect, incurred by the Municipality arising out of release of hazardous substances caused by Permittee’s system in the streets.
(j) Undergrounding of Cable. Permittee’s existing facilities and existing portions of the Permittee’s system shall be placed underground at the Permittee’s expense when other utilities in the same rights-of-way place their facilities underground or when required of all utilities and persons by general ordinances of the Municipality or applicable state or federal law.
(k) Construction Codes. Permittee shall strictly adhere to all building and zoning codes currently or hereafter in effect. Permittee shall arrange its works, fiber strands, electronic equipment, amplification equipment, optic equipment, transmission and distribution structures, lines, termination equipment, pipes, sewers, mains, tubing, conduits, inner-ducts, regenerators, repeaters, underground lines, vaults, manholes, handholes, wires, cables, towers, poles and attachments and other appurtenances on public property, in such a manner as to cause no unreasonable interference with the use of such public property. In the event of such interference, the Municipality may require the removal or relocation of the Permittee’s facilities and other appurtenances from the property in question.
(l) Construction and Use of Poles.
(1) Whenever feasible, the construction, maintenance, and use of Permittee’s system shall comply with the standards of materials in engineering and all other provisions of a pole user agreement for use of poles, entered into by and between other pole users and the Permittee. In the event Permittee cannot obtain the necessary poles and allied facilities pursuant to the provisions of such an agreement, and only in such event, then it shall be lawful for the Permittee to make all needed excavations in the streets for the purpose of placing, erecting, laying, maintaining, repairing, and removing poles, conduits, supports for wires and conductors, and any other Facility needed for the maintenance or extension of Permittee’s system as the Municipality may, at its sole discretion, approve. All poles of the Permittee shall be erected between the curb and the sidewalk unless otherwise designated by the proper authorities of the Municipality, and each pole shall be set whenever practicable at an extension lot line. The Municipality shall have the right to require the Permittee to change location of any Permittee-owned pole, conduit, structure or other facility within the streets when in the opinion of the Municipality the public convenience requires such change, and the expense thereof shall be paid by the Permittee.
(2) Nothing herein shall exempt the Permittee from compliance with all of the Municipality’s Charter and ordinance provisions relating to such excavations or construction thereof or from any provision requiring payment of other permit, franchise, or license fees pertaining thereto.
(m) System Design. The Permittee’s system shall comply with the design and service requirements and schedules contained in this Permit, all applicable laws and regulations, and the attached Exhibits. All Permittee’s construction and design shall be subject to the Municipality’s supervision and control, including, without limitation, location of facilities, placement of poles, and the decision to underground any facilities. Permittee shall submit construction drawings and specifications for approval on all projects.
(n) System Upgrade Schedule.
(1) The Permittee shall comply with the requirements of the system upgrade schedule to be contained in Exhibit B, attached hereto and expressly made a part hereof by reference, of this Permit.
(2) No less than thirty (30) days prior to the start of construction in the serving area, the Permittee shall meet all applicable design and construction standards of the Municipality and shall provide a detailed construction progress schedule, area construction maps. In addition, the Permittee shall update this information upon request by Municipality on a quarterly basis, by submitting a copy of its normal internal progress reports, showing specifically whether schedules are being met and the reasons for any delay.
(o) Installation of New System Underground. All new or upgrade system facilities shall be installed underground where existing undergrounded Utility facilities exist, but may be installed on existing Utility poles where aerial facilities currently exist if permitted by the Municipality in its sole and complete discretion. Permittee shall place its facilities underground, and Permittee shall move existing facilities underground whenever all other utilities go underground, or if Permittee upgrades its system facilities.
(p) Pre-wiring. Any law of the Municipality which requires pre-wiring of subdivisions or other developments for electrical and telephone service shall be construed to include wiring for telecommunications systems.
(q) Undergrounding of Multiple-Dwelling Units. In cases of single site multiple- dwelling units, the Permittee shall minimize the number of individual aerial drop cables by installing multiple drop cables underground between the pole and dwelling unit where determined to be technologically feasible in agreement with the owners and/or owner’s association of the multiple-dwelling units. This section shall apply only to newly constructed buildings or un-wired existing buildings.
(r) Rights-of-Way Occupancy.
(1) In any case where Permittee has obtained the required written permission from the Municipality not to underground its system facilities, the Permittee shall utilize existing poles, conduits and other facilities whenever possible and economically feasible, and may not construct or install any new, different or additional poles, conduits or other facilities on public property until the written approval of the Municipality is obtained.
(2) The Permittee shall:
A. Locate and install all transmission lines, equipment and structures so as to cause minimum interference with the rights and reasonable convenience of property owners, however Permittee shall retain the right to determine because of technical feasibility and technical reliability where, when, how and if equipment originally installed needs to be redesigned, reconfigured or relocated;
B. Keep and maintain all transmission lines, equipment and structures in a safe, adequate and substantial condition, and in good order and repair;
C. Employ professional care and install and maintain methods and devices for preventing failures and accidents that are likely to cause damages, injuries or nuisances to the public;
D. Use suitable barricades, flags, lights, flares or other devices as necessary for the safety of all members of the public;
E. Place any poles or other fixtures in any public right-of-way, with the approval of the Municipality, in such manner as not to interfere with the usual travel of the right-of-way or cause unsafe conditions of any sort; and
F. Comply with all local and state laws, rules and regulations pertaining to traffic control.
(3) The Permittee may not make paving cuts or curb cuts unless absolutely necessary, and only after written permission and a street cut permit has been obtained from the Municipality under such conditions as the Municipality shall in its sole discretion determine.
(4) The Municipality may reasonably require additional conduit for underground cable in areas specified by the Municipality, said conduit to be provided at Permittee’s sole expense.
(5) Before beginning any excavation or other construction activity on a public right-of-way or easement which crosses or abuts any private property, the Permittee shall clearly mark and delineate with flags, stakes or non-polluting water-soluble spray paint the boundaries of that public right-of-way or easement where it abuts or crosses the private property.
(6) In case of disturbance of any street, sidewalk, alley, easements, public way, grassed or paved area, or any public or private property, the Permittee shall, at its own cost and expense and in a manner approved by the Municipality, replace and restore such street, sidewalk, alley, easement, public way, grassed or paved area or any other public or private property in as good condition as, or better condition than before the work causing such disturbance was performed, to the satisfaction of the City.
(7) Permittee shall locate and mark any of its installed facilities and system for the Municipality at no expense to the Municipality or otherwise according to state law. The cable and other facilities shall be installed so that it can be detected by the use of standard locating devices.
(s) Completion of Work by Municipality. On failure of the Permittee to pursue or complete any work required by law or by the provisions of this Permit or any applicable Permit to be done in any public right-of-way or Public utilities Easement, within the time prescribed and to the reasonable satisfaction of the Municipality, the Municipality may cause the work to be done subject to applicable state law. The Permittee shall pay to the Municipality the reasonable costs of the work in the itemized amount reported by the Municipality to the Permittee within thirty (30) days after receipt of the itemized report.
(t) Removal of Facilities. On receipt of written notice, the Permittee at its own expense shall:
(1) Protect, support, temporarily disconnect, relocate or remove any of its property as necessary because of traffic conditions, public safety, street vacation or street grade, separation or realignment, installation of sewers, drains, water pipes, power line, signal line, transportation facilities, tracks, or any other type of structure or improvements; and
(2) Nothing described in this Section shall be considered a taking of the property of the Permittee and the Permittee is not entitled to additional compensation due to these actions.
(3) The Permittee shall, on the request of any Person, holding a building moving permit issued by the Municipality, temporarily raise or lower its wires to permit the moving of the building or buildings. The Permittee may require reasonable advance payment for any such permittee prior to raising or lowering its wires.
(u) Stop Work.
(1) On notice from the Municipality that any work is being prosecuted contrary to the provisions of this Permit, or in an unsafe or dangerous manner as reasonably determined by the Municipality, or in violation of the terms of any other applicable Permit, Franchise, laws, regulations, ordinances, or standards, the work may immediately be stopped by the Municipality.
(2) The stop work order shall be:
A. In writing;
B. Given to the individual doing the work, or posted on the work site; and
C. Sent to the Permittee by overnight delivery at the address given herein; and may:
D. Indicate the nature of the alleged violation or unsafe condition; and
E. Establish conditions under which work may be resumed.
(v) Permittee’s Contractors. Permittee’s contractors shall be licensed and bonded in accordance with Municipality’s ordinances, regulations or requirements of any contractors working in the public rights-of-way. Any action or omission of a contractor of the Permittee which violates any provision of this Permit shall be considered an action or omission of the Permittee for the purposes of this Permit.
(w) Private Property. Except in the case of an emergency involving public safety or service interruption to a large number of subscribers, the Permittee shall give reasonable notice to the property owners or legal tenants prior to entering upon any private premises, and said notice shall specify the work to be performed; provided that in the case of construction operations, such notice shall be delivered or provided, when possible, prior to entry. If any damage is caused by any activity or omission of the Permittee, the Permittee shall reimburse the property owner the reasonable cost of the damage or replace or repair the damaged property. For installation of pedestals or other major construction or installation projects, property owners shall also be notified by mail at least one week in advance. In the case of an emergency (defined above), Permittee shall attempt to contact the property owner or legal tenant in person, and shall leave a door hanger notice in the event personal contact is not made. Nothing herein shall be construed as authorizing access or entry to private property or any other property where such right to access or entry is not otherwise provided by law.
(x) Burial Standards.
(1) Depths. The Permittee shall comply with the following burial depth standards unless local ordinances or national electric code standards require a deeper minimum depth:
Drops from the curb shall be buried at a minimum depth of eight inches. Feeder lines shall be buried at a minimum depth of eighteen to twenty-four inches (18”-24”).
Trunk lines shall be buried at a minimum depth of eighteen to twenty-four inches (18”-24”).
Fiber optic cable shall be buried at a minimum depth of eighteen to twenty-four inches (18”-24’).
(2) Timeliness. Temporary drops installed by the Permittee to residences shall be buried according to these standards within one calendar week of initial installation. When freezing surface or other adverse weather conditions prevent Permittee from achieving such timetable, Permittee shall appraise the subscriber of the circumstances and the estimated time of burial in writing, and shall provide the subscriber, in writing, with Permittee’s telephone number and instructions as to how and when to call the Permittee to request burial of the line if the revised schedule is not met.
(y) National Standards. The Municipality shall have the option of adopting any national standards for the installation of optic fiber hereafter promulgated or established.
(z) Construction Standard.
(1) Permittee shall comply with all applicable construction codes of the Municipality including, without limitation, the Uniform Building Code, the Uniform Fire Code and Uniform Mechanical Code, and the Electronic Industries Association Standard for Physical Location and Protection of Below-Ground Fiber Optic Cable Plant, zoning ordinances and permit procedures. To expedite the upgrade construction process, the Municipality agrees to attempt to process all applications, reviews, authorizations or consents pertaining to permits, zoning issues, authorizations and consents in a period not to exceed thirty (30) days from the date a written application or request was made to the Municipality.
(2) All construction practices shall be in accordance with all applicable sections of federal and state Occupational Safety and Health Acts and any amendments thereto as well as all state and local codes and standards where applicable.
(3) All installation of electronic equipment shall be of a permanent nature, durable and installed in accordance with the provisions of the National Electrical Code as amended, and all applicable state and local codes.
(4) Antenna supporting structures (towers) shall be designed for the proper loading as specified in the Electronics Industries Association’s R.S. 222-A specifications, as they may be amended from time to time. Antenna supporting structures (towers) shall be painted, lighted, erected and maintained in accordance with all applicable rules and regulations of the Federal Aviation Administration and all other applicable state and local codes or regulations.
(5) Neither Permittee’s plant and equipment, nor any work Permittee performs, shall endanger or interfere in any manner beyond reasonable requirements given the work the Permittee is performing, with the rights of any property owner, or hinder or obstruct pedestrian or vehicular traffic.
(6) The Permittee shall at all times employ professional care and shall install and maintain in use methods and devices to prevent failures and accidents which risk damage, injury or nuisance to the public.
(aa) Service to New Residential Developments. In new residential developments in which all the electric power and telephone utilities are underground, the following procedure shall apply with respect to access to and utilization of underground easements:
(1) The developer shall be responsible for contacting and surveying all operators to ascertain which operators desire (or, pursuant to the terms and provisions of this and any Franchise agreement, may be required) to provide Service to that development. The developer may establish a reasonable deadline to receive operator responses. The final development map shall indicate the operators that have agreed to serve the development.
(2) If one (1) or two (2) operators wish to provide service, they shall be accommodated in the joint utilities trench on a nondiscriminatory shared basis. If fewer than two (2) operators indicate interest, the developer shall provide conduit to accommodate two (2) sets of cables and dedicate to the City any initially unoccupied conduit.
(3) The developer shall provide at least ten (10) working days notice of the date that Utility trenches will be open to the operators that have agreed to serve the development. When the trenches are open, operators shall have two (2) working days to begin the installation of their cables, and five (5) working days after beginning installation to complete installation.
(4) The final development map shall not be approved until the developer submits evidence that:
A. It has notified each operator that underground Utility trenches are to open as of an estimated date, and that each operator will be allowed access to such trenches, including trenches from proposed streets to individual homes or home sites, on specified nondiscriminatory terms and conditions; and
B. It has received a written notification from each operator that the operator intends to install its facilities during the open trench period on the specified terms and conditions, or such other terms and conditions as are mutually agreeable to the developer and operator, or has received no reply from an operator within ten (10) days after its notification to such operator, in which case the operator will be deemed to have waived its opportunity to install its facilities during the open trench period.
(5) Sharing the joint utilities trench shall be subject to compliance with regulatory agency and Utility standards. If such compliance is not possible, the developer shall provide a separate trench for the cables, with the entire cost shared among the participating operators. With the concurrence of the developer, the affected utilities and the operators, alternative installation procedures, such as the use of deeper trenches, may be utilized, subject to applicable law.
(6) Any cable operator wishing to serve an area where the trenches have been closed shall be responsible for its own trenching and associated costs and shall repair all property to the condition which existed prior to such trenching or burial.
(7) The Municipality reserves the right to require clustering of pedestals with other utilities, licensees, permittees, or franchisees.
(bb) Street Improvements. The Municipality shall attempt to give Permittees at least forty-five (45) days advance notice (or notice as soon as possible in cases of emergency) of street improvements or other activity which could affect the Permittee’s system, including but not limited to street or public rights-of-way excavation; construction repair; grading; traffic conditions; installation of sewers; drains or water pipes; power or signal lines; tracks; or vacation or improvement of public works
(1) All such public works shall be done, insofar as possible, in such a manner as not to obstruct, injure, or prevent the free use and operation of the poles, wires, conduits, conductors, pipes or appurtenances of the Permittee’s system. Nothing contained herein shall relieve any person or entity from liability arising out of the failure to exercise reasonable care to avoid interfering with Permittee’s system facilities while performing the public works.
(2) If any equipment of Permittee shall interfere with public works, then, upon receipt of the notice, that part of the equipment of Permittee which interferes shall be removed or replaced by the Permittee in such manner as shall be directed by Municipality so that the same shall not interfere with the public works as reasonably determined by Municipality, and Permittee shall bear the reasonable expense of such removal or replacement.
(cc) Notice. Except in the case of an emergency involving public safety or service interruption to a large number of subscribers, the Permittee shall give reasonable notice to the property owners or legal tenants prior to entering upon any private premises, and said notice shall specify the work to be performed. If any damage is caused by any Permittee activity or omission, the Permittee shall reimburse the property owner the reasonable cost of the damage or replace the damaged property. For installation of pedestals or other major construction or installation projects, property owners shall also be notified by mail at least one week in advance. In the case of an emergency (as defined above), Permittee shall attempt to contact the property owner or legal tenant in person, shall be construed as authorizing access or entry to private property or any other property where such right to access or entry is not otherwise provided by law.
(dd) Technical Standards.
(1) The Permittee shall construct, install, operate and maintain its system in a manner consistent with all applicable laws, ordinances, construction standards, governmental requirements and Federal Communications Commission technical standards.
(2) Failure to maintain specified technical standards shall constitute a material Permit violation.
(3) All construction practices shall be in accordance with all applicable sections of the Occupational Safety and Health Act of 1970, as amended, as well as all other applicable local, state and federal laws and regulations.
(4) All installation of electronic equipment shall be installed in accordance with the provisions of the National Electrical and Safety Code and National Electrical Code, as the same may, from time to time, be amended.
(5) Antennae and their supporting structures (towers) shall be painted, lighted, erected and maintained in accordance with all applicable rules and regulations of the Federal Aviation Administration and all other applicable local, state and federal laws and regulations.
(6) All of Permittee’s plant and equipment, including (as may be applicable), but not limited to the antenna site, headend and distribution system, towers, house connections, structures, poles, wire, coaxial cable, fiber strands, electronic equipment, amplification equipment, optic equipment, transmission and distribution structures, lines, termination equipment, pipes, sewers, mains, tubing, conduits, inner-ducts, regenerators, repeaters, underground lines, vaults, manholes, handholes, wires, cables, towers, poles and attachments, and fixtures and appurtenances, used for the Telecommunications and/or other utilities system, shall be installed, located, erected, constructed, reconstructed, replaced, removed, repaired, maintained and operated in accordance with good engineering practices, performed by experienced maintenance and construction personnel so as not to endanger or interfere with improvements that the City may deem appropriate to make or to interfere in any manner with the rights of any property owner, or to unnecessarily hinder or obstruct pedestrian or vehicular traffic.
(7) Permittee shall at all times employ ordinary care and shall install and maintain in use commonly accepted methods and devices preventing failures and accidents which are likely to cause damage, injury or nuisance to the public.
(ee) Trimming of Trees.
(1) Permittee shall have the authority to trim trees, in accordance with all applicable utility restrictions, ordinance and easement restrictions, upon and hanging over streets, alleys, sidewalks, and public places of the City so as to prevent the branches of such trees from coming in contact with the wires and cables of Permittee at its sole cost. A city representative shall have authority to supervise and shall reasonably approve all trimming of trees conducted by Permittee.
(2) Except in emergencies, Permittee may not prune trees at a point below 30 feet above sidewalk grade until one week after written notice has been given to the owner or occupant of the premises abutting the street in or over which the tree is growing. For purposes of this section, emergencies exist when it is necessary to prune to protect the public from imminent danger of immediate interruption of service. The owner or occupant shall have seven (7) days from the receipt of Permittee’s notice to arrange for an outside contractor to prune the tree at his or her own expense. If the owner or occupant fails to do so, Permittee may prune such tree at its own expense.
(ff) Use of Facilities by Municipality. The City shall have the right to install and maintain, free of charge, upon the poles and within the underground pipes and conduits of Permittee, any wires and fixtures owned by the City for governmental purposes to the extent that such installation and maintenance does not interfere with existing operations of Permittee and are in accordance with other standards and governmental regulations.
(Ord. 22-2000. Passed 5-8-01.)