This grant is made upon the following conditions, limitations, and requirements.
(A) All installations shall be done only in accordance with plans first submitted to and approved by the city, and any repair work which requires the disturbance of the surface of any street or which will interfere with traffic shall not be undertaken without prior permission and approval of the time and manner of doing the work, as required in all other cases.
(B) The grantee's system shall be installed aboveground in areas where existing power and telephone facilities are aboveground, and underground in areas where existing power and telephone facilities are installed underground. The grantee shall have the right to enter into agreements with any person, firm, or corporation now or hereafter authorized by license, franchise, or otherwise to erect and maintain overhead or underground wires and cables, for the purpose of sharing these facilities, it being the intent hereof that all aboveground installations of the grantee's system shall be accomplished on existing utility poles and easements where feasible. The grantee shall relocate any aboveground portion of its system underground in any area where existing power and telephone facilities are hereafter so relocated. Such relocation shall be at the grantee's expense, and shall be accomplished concurrently with the relocation of any power and telephone facilities.
(C) The right to the use of the city's streets herein granted is subject to the terms of all rights or franchises heretofore granted by the city, and to the terms of all rights or franchises hereafter granted by the city to the Electric Utility Company or to a company primarily engaged in the rendering of telephone service.
(D) All installations shall be done in a neat and workmanlike manner. All construction shall conform to the requirements of the National Electric Safety Code and any federal, state, or local statutes, regulations, and ordinances governing these or similar installations.
(E) Where in doing its work the grantee disturbs any pavement or other improvements, the grantee shall promptly repair and replace them in a neat and workmanlike manner as nearly equal to its original condition as possible.
(F) The grantee's work, while in progress, shall be properly protected at all times with suitable barricades, flags, lights, flares, or other devices to protect all members of the public having occasion to use the portion of the streets involved or adjacent property.
(G) The grantee shall promptly and at its own expense relocate or modify any part of its system which the city may request to accommodate improvements to streets, to accommodate city sewer, water, electric, communications, or other facilities occupying any part of the public streets, and to accommodate the facilities of other public utilities, as required by the city or other public authority having jurisdiction.
(H) The city shall have free use of any poles in the grantee's system to carry conductors for any city-owned or city-franchised electric or communication system.
(I) The grantee shall, at 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 or structures. The expense of the temporary removal or raising or lowering of wires shall be paid by the person requesting it, and the grantee shall have the authority to require payment in advance. The grantee shall be given not less than 48 hours advance notice to arrange for temporary wire changes.
(J) It is understood that there may be from time to time within the city various streets as defined in § 110.01 which the city does not have the unqualified right to authorize the grantee to use, because of reservations in favor of the dedicators or because of other legal impediments. Therefore, in making this grant, the city does not warrant or represent as to any particular street or portion of a street that it has the right to authorize the grantee to install or maintain portions of its system therein, and in each case the burden and responsibility for making the determination in advance of the installation shall be on the grantee.
(K) The grantee shall not engage, either directly or indirectly, in the sale, installation, or repair of any radio or television equipment for any purchaser of its services, or for any other person, firm, or corporation within the city. This limitation shall not prohibit the grantee from repairing or servicing its own system.
(L) The grantee shall have the privilege of programming and broadcasting programs on closed circuit channels, and no signals shall be altered or modified by the grantee in any respect except as required by a state or federal agency having jurisdiction over the grantee's activities.
(M) If the grantee fails to make any repair, remove or relocate any part of its system, or otherwise perform its obligations hereunder within a customarily reasonable time and in a workmanlike manner, then the city is authorized to do so at the grantee's expense, and the grantee shall reimburse the city for the cost thereof promptly on receipt of an invoice.
(N) The grantee shall permit the city to inspect and test the system's technical equipment and facilities upon reasonable (12 to 24 hours) notice.
(O) Any pavements, sidewalks, curbing, or other paved areas taken up or any excavations made by the grantee shall be done under the supervision and direction of the city under permits issued for work by the proper officials of the city, and shall be done in a manner so as to give the least inconvenience to the inhabitants of the city. The grantee shall, at its own cost and expense, and in a manner approved by the city, replace and restore all pavements, sidewalks, curbing, or other paved areas to as good a condition as before the work involving the disturbance was done, and shall also make and keep full and complete plats, maps, and records showing the exact locations of its facilities located within the public streets, ways, and easements of the city. These maps shall be available for inspection at any time during business hours by the city.
(P) The grantee shall have authority to trim the trees on and overhanging the public streets so as to prevent the branches of the trees from coming in contact with the wires and cables of the grantee. However, at the option of the franchise authority, the trimming may be done by it or under its supervision and direction at the expense of the grantee.
(Ord. 130, passed 3-26-81) Penalty, see § 110.99