§ 725.07  CONDITIONS OF OCCUPANCY OF THE PUBLIC WAYS.
   (A)   Methods of construction, installation, and maintenance of the grantee’s system shall comply with the National Electrical Safety Code 1975 (ANSI CI-1975) to the extent that such code is consistent with local law affecting the construction, installation, and maintenance of electric supply and communication lines. To the extent that such code is inconsistent with other provisions of this franchise or with local law, the latter shall govern.
   (B)   Any tower constructed for use in the grantee’s system shall comply with the standards contained in Structural Standards for Steel Antenna Towers and Antenna Supporting Structures, EPA Standards RS-222-A, as published by the Engineering Department of the Electronic Industries Association, 2201 I Street, N. W., Washington, D. C. 20006. Any such tower shall also comply with all appropriate Federal Aviation Agency regulations, including, but not limited to, Objectives Affecting Navigable Airspace, 14 CFR 77.1 et seq., February 1965.  Any antenna structure in the system shall comply with Construction, Marking and Lighting of Antenna Structure, 48 CFR 17.1 et seq., September 1967.
   (C)   (1)   All methods of construction, installation, and maintenance of the grantee’s system shall also comply with all applicable laws and rules of the State of Ohio and the city. The grantee shall install and maintain its wire, cable, fixtures, and other equipment so as not to interfere with the equipment of any utility of the city, or any other entity lawfully and rightfully using the conduit, pole, subway, or any other part of the public way. All working facilities and conditions used during construction, installation and maintenance of the city’s system shall comply with the standards of the Occupational Safety and Health Administration. The city reserves the right to adopt by ordinance, an agreement regulating the joint-use of city-owned utility poles and easements in conjunction with the grantee and from time to time, to issue, by duly adopted ordinance, such reasonable rules and regulations concerning the construction, operation, and maintenance of the system as are consistent with the provisions of this chapter, and necessary to protect its residents rights to the peaceful enjoyment of the public ways.
      (2)   The city shall use its best efforts with pole owners to promote the joint use of poles so as to assure the broadest possible wiring of premises within the city. In the case of the city-owned poles, such joint use may be subject to a separate fee at the option of the city. The grantee shall not erect any new poles without first obtaining the city’s written approval of the location, type, and specifications thereof.
   (D)   Should the grantee be required, in the conduct of its business to locate property within the streets of the city other than property which may be attached to utility poles, then in that event before the grantee shall install or shall permit any other person to install for grantee any of such property in any public way, the nature of such property shall be disclosed to the City Manager of the city for his or her approval as to the need therefor and as to the location within the street and then only under such conditions as he or she shall prescribe concerning such location or installation.
   (E)   In the construction, installation, maintenance, removal, or repair of the facilities herein contemplated, the grantee shall exercise reasonable care and diligence to avoid damage, injury, or nuisance to persons or property and shall install and maintain its facilities in a workmanlike manner so as to minimize the public inconvenience and so as not to interfere with any facilities of the city. The grantee shall comply with all existing city regulations pertaining to the use of the public ways entered and opened by it so as to prevent injury to persons or damage to property while work therein is being performed. All such public ways shall be restored to their former condition by the grantee as soon as is practicable after completion of work.
   (F)   Whenever in any place within the city, all the electric and telephone utilities shall be located underground, it shall be the obligation of the grantee to locate or to cause its property to be located underground within such places. If the electric and telephone utilities shall be located underground in any place within the city after the grantee shall have previously installed its property, nevertheless, the grantee shall, at the same time or immediately thereafter, remove and relocate its property also underground in such places. If the grantee shall in any case be unable for operational reasons only to locate or relocate any part of his or her property underground, then in that event the City Manager upon being satisfied as to the facts thereof may permit such property to remain above the ground even though other facilities may be placed underground in the area. However, any such permission shall be upon such conditions as the City Manager may require for the public welfare. Any facilities of the grantee placed underground at the property owner’s request, in an area where electric or telephone facilities are aerial, shall be installed with the additional expense paid by the property owner.
   (G)   Notwithstanding any other provisions of this franchise, if, in any part of the city, satisfactory aerial or underground easement rights over private property cannot be obtained on reasonable terms, the company shall have no obligation to build its system or provide service in such area.
   (H)   The grantee shall have the right hereunder to trim trees in, and overhanging the public ways, in a workmanlike manner, so as to protect its facilities from abrasive contact. Notwithstanding the foregoing, the city, at its option, may, following written notice to the grantee, undertake such trimming at the grantee’s expense.
   (I)   The grantee shall, upon reasonable notice and without expense to the city, county, or State of Ohio, immediately relocate, remove and relocate or reinstall its facilities to accommodate such public works or improvements as the city, the county, or the State of Ohio, shall, in the judgement of the appropriate governmental department, designate. The grantee shall, at the expense of any person holding a building moving permit issued by the city, temporarily raise, lower, or remove its wires to permit the moving of such building. In such event, the grantee shall be given not less than seven days; advance written notice to arrange for such temporary wire changes. The grantee’s estimated charges for such work shall be payable not less than 48 hours in advance.
   (J)   The city shall have the right to supervise or inspect all work performed by the grantee or its agents upon public ways to insure compliance with this section. In the event such inspection reveals that the grantee has failed, in the city’s judgment, to fulfill its obligations under this section, the city shall notify the grantee, in writing, of its specific deficiencies. If commencement of corrective action by the grantee has not been undertaken within 48 hours of receipt of such notification, the city, may undertake the necessary repairs or restorations at the grantee’s expense.
(Ord. 5258, passed 10-28-80)  Penalty, see § 725.99