(A) A grantee shall utilize existing poles, conduits, and other facilities whenever possible, and shall not construct or install any new, different, or additional poles, conduits, or other facilities whether on public property or on privately owned property until the written approval of the grantor is obtained, which approval shall not be unreasonably withheld. However, no location of any pole or wire holding structure of a grantee shall be a vested interest and such poles or structures shall removed or modified by a grantee at its own expense whenever the grantor determines that the public convenience would be enhanced thereby.
(B) A grantee shall notify the grantor at least ten days prior to the intention of a grantee to commence any construction in any streets. The grantor shall cooperate with a grantee in granting any permits required, providing such grant and subsequent construction by a grantee shall not unduly interfere with the use of such streets and that proposed construction shall be done in accordance with the pertinent provisions of the ordinances of the grantor.
(C) All transmission lines, equipment, and structures shall be so installed and located as to cause minimum interference with the rights and reasonable convenience of property owners and, at all times, shall be kept and maintained in a safe, adequate, and substantial condition, and in good order and repair. A grantee shall, at all times, employ ordinary care and shall install and maintain in use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public. Suitable barricades, flags, lights, flares, or other devices shall be used at such time and places as are reasonably required for the safety of all members of the public. Any poles or other fixtures placed in any public way by a grantee shall be placed in such a manner as not to interfere with the usual travel on such public way.
(D) A grantee shall, for the entire term of a franchise, at its own expense, and in a manner approved by the grantor, restore to grantor standards and specifications any damage or disturbance caused to public or private property as a result of its operations or construction on its behalf.
(E) Whenever, in case of fire or other disaster, it becomes necessary in the judgment of the grantor to remove any of a grantee’s facilities, no charge shall be made by a grantee against the grantor for restoration and repair, unless such acts amount to gross negligence by the grantor.
(F) A grantee shall have the authority to trim trees on public property at its own expense as may be necessary to protect its wires and facilities, subject to the supervision and direction of the grantor. Trimming of trees outside of public easements and on private property shall require written consent of the property owner.
(G) A grantee, at its expense, shall protect, support, temporarily disconnect, relocate, or remove any property of a grantee when, in the opinion of the grantor, the same is required by reason of traffic conditions, public safety, street vacation, freeway or street construction, change or establishment of street grade, installation of sewers, drains, water pipes, power line, signal line, transportation facilities, tracks, or any other types of structure or improvements by governmental agencies whether acting in a governmental or a proprietary capacity, or any other structure or public improvement, including, but not limited to, movement of buildings, redevelopment, or any general program under which the grantor shall undertake to cause any such properties to be located beneath the surface of the ground. A grantee shall in all cases have the privilege, subject to the corresponding obligation, to abandon any property of a grantee in place. Nothing hereunder shall be deemed a taking of the property of a grantee and a grantee shall be entitled to no surcharge by reason of anything hereunder.
(H) Upon failure of a grantee to commence, pursue, or complete any work required by law or by the provisions of a franchise awarded hereunder to be done in any street, within the time prescribed and to the satisfaction of the grantor, the grantor may, at its option, cause such work to be done and a grantee shall pay to the grantor the cost thereof in the itemized amounts reported by the grantor to a grantee within 30 days after receipt of such itemized report.
(I) A grantee shall make no paving cuts or curb cuts unless absolutely necessary, and then only after written permission has been given by the grantor.
(J) The grantor reserves the right to require conduit for underground distribution systems consistent with its normal procedure.
(2011 Code, § 14.20.090) Penalty, see § 114.999