(a) The city has the right use poles and conduits owned by grantee. The city shall have the right to install and maintain free of charge upon any poles or in any conduit owned by a grantee any wire and pole fixtures that do not unreasonably interfere with the grantee's own use of the poles and conduits. Grantee shall notify the city when it enters into an agreement for use of its poles and conduits. Copies of agreements for use of grantee's conduits or poles in the public rights-of-way or on other public property shall be available for review upon the city's request.
(b) All grantee's facilities to be installed in or under streets to be installed only at locations approved by City Manager or his/or her designee. Any poles, wires, cable lines, conduits or other properties of a grantee to be constructed or installed in or under streets shall be so constructed or installed only at such locations and in such manner as shall be approved in writing by the City Manager or his/or her designee in the exercise of his/or her reasonable discretion; provided, however, that verbal approval by the city shall be acceptable in the event of an emergency situation.
(c) During construction, reconstruction or maintenance of system grantee shall not obstruct public ways without prior consent of authorities. In connection with the construction, reconstruction, operation, maintenance, repair, or removal of the system, a grantee shall give due regard to the aesthetics of the franchise areas and shall not obstruct the public ways, streets, railways, passenger travel, or other traffic to, from or within the city, without prior consent of the appropriate city authorities. In addition:
(1) All transmission and distribution structures, lines, and equipment erected by a grantee within the city shall be so located as to cause minimum interference with the rights and reasonable convenience of property owners who adjoin any streets or public way.
(2) In case of any disturbance to any public way, street, easement, paved area or other property, a grantee at its own cost and expense and in a manner and time period approved by the city, shall replace and restore such public rights-of-way in as good condition as before the work involving such disturbance was done.
(d) Permits required to be obtained prior to any physical work being performed in city's streets. A grantee or its authorized contractors must obtain all permits required by city ordinance prior to any physical work being performed in the city's streets, or on city-owned property. Permits will be issued to a grantee or its contractors only on approved plans by approved contractors, which plans must be submitted concurrently with or prior to the request for the construction permit. All work will be done in accordance with the city's specifications and must comply with all applicable law.
(e) Grantee to prepare maps of entire system prior to issuance of permit for or initiation of construction or reconstruction. Maps to be filed with affected utility companies. A grantee shall cause maps of the entire cable system to be filed in the office of the City Manager or his/or her designee prior to the issuance of a permit for or the initiation of construction or reconstruction. Prior to beginning the installation of any facility or apparatus in accordance with the provisions of this section, a grantee shall file maps with all utility companies and public agencies whose facilities are affected by such installation.
(f) Upon undergrounding of utility lines, grantee shall concurrently place lines underground in conduits at depth approved by City Manager or his/or her designee. Trunk, feeder and drop cable may be constructed overhead where poles now exist and electrical or telephone lines or both are now overhead, but where electrical or telephone lines are now underground, all trunk, feeder and drop cable shall be constructed underground at such depths and locations as shall be approved by the City Manager or his/or her designee. Whenever and wherever electrical lines and telephone lines are moved from overhead to underground placement in an area, all cable system facilities and plant in that area shall be similarly and concurrently moved underground by the grantee at the grantee's sole cost and expense at such depths and locations as shall be approved by the City Manager or his/or her designee.
(g) Grantee may be required to move its facilities to accommodate changes in public improvements. A grantee shall from time to time protect, support, temporarily dislocate, or temporarily or permanently, as may be required, remove or relocate, without expense to the city or any other governmental entity, any facilities installed, used, or maintained under a franchise, if and when made necessary by any lawful change of grade, alignment, or width of any public street by the city or any other governmental entity, or made necessary by any other public improvement or alteration in, under, on, upon or about any public street or other public property, whether such public improvement or alteration is at the instance of the city or another governmental entity, and whether such improvement or alteration is for a governmental or proprietary function, or made necessary by traffic conditions, public safety, street vacation or any other public project or purpose of the city or any other governmental entity. The decision of the City Manager or his/or her designee under this section, absent review by the City Council, shall be final and binding on a grantee.
(h) Grantee shall obtain prior approval before altering any municipal facility; alterations to be at cost of grantee.In connection with the construction, operation, maintenance, repair, or removal of the system, a grantee shall, at its own cost and expense, protect any and all existing structures belonging to the city or other users of right-of-way. A grantee shall obtain the prior approval of the city before altering any water main, sewage or drainage system, or any other structure in any public way or street, because of the presence of the system in the public ways or streets. Any such alteration shall be made by a grantee, at its sole cost and expense, and in a manner reasonably prescribed by the city. A grantee shall also be liable, at its own cost and expense, to replace or repair and restore to as close to its prior condition as is reasonably possible and in a manner reasonably specified by the city, any public way, street or any structure involved in the construction of the system that may become disturbed or damaged as a result of any work thereon by or on behalf of the grantee.
(i) Grantee shall temporarily move its wires to permit moving of building. Grantee shall, at the request of any person holding a moving permit issued by the city, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal or raising or lowering of wires shall be paid to the grantee by the person requesting the same, and grantee shall have the authority to require such payment in advance. Grantee shall be given not less than seven days notice to arrange for such temporary wire changes.
(j) Grantee shall repair and restore damage to city facilities and shall maintain restoration. In the event that a grantee during construction, installation, inspection or repair of its facilities causes damage to pavement, sidewalks, driveways, landscaping or other property, the grantee or the authorized agent shall, at its own expense and in a manner approved by the city, replace and restore such places to the same condition which existed before said work was commenced. The grantee shall further continue to maintain all such restoration in the condition approved by the city.
(k) Failure by grantee to complete required work in any street can result in city causing work to be done at expense of grantee. Upon failure of the grantee to complete any work required by law, or by the provisions of a franchise, to be done in any street or other public place, within ten days following due notice and to the satisfaction of the City Manager or his/or her designee, the city may, at its option, cause such work to be done and a grantee shall pay to the city the cost thereof in the itemized amounts reported by the City Manager or his/or her designee to the grantee within ten days after receipt of such itemized report. Or, at city's option, city may demand of grantee the estimated cost of such work as estimated by the City Manager or his/or her designee, and such shall be paid by grantee to city within ten days of such demand; upon award of any contract or contracts for such work, grantee shall pay to city within ten days of demand any additional amount necessary to provide for cost of such work. Upon completion of such work, grantee shall pay to city or city shall refund to grantee such sums so that the total received and retained by city shall equal the cost of such work. Cost as used herein shall include 15 percent for city's overhead expense.
(l) City may remove grantee's facilities as may be required during emergencies. The city reserves the right to remove any portion of a grantee's equipment and facilities as may be required in any emergency as determined by the city without liability for interruption of cable service and the city shall not be obligated to restore cable service or to pay the costs of expenses of restoring cable service.
(m) Cost of tree trimming is to be at expense of grantee.A grantee shall notify the city regarding the need to trim trees upon and overhanging streets of the city so as to prevent the branches of such trees from coming in contact with the wires and cables of the grantee; such trimming shall be done by the grantee under the city's supervision and direction if the city so desires and at no expense to the city. When authorized, such trimming shall be limited to the area required for clear cable passage and shall not include major structural branches which materially alter the appearance and natural growth habits of the tree. The grantee shall be responsible for any and all damages to any tree as a result of trimming, or to the land surrounding any tree, whether such tree is trimmed or removed, or for damage to property or person caused by such trimming and removal of any tree.
(n) Grantee shall remove system from any public street following termination or expiration of franchise. In the event that the use of a part of the cable system is discontinued for any reason for a continuous period of 12 months, or in the event such cable system or property has been installed in any street or public place without complying with the requirements of the franchise, or the franchise has been terminated, canceled or has expired without renewal, a grantee shall promptly, at its own expense, and upon being given ten days notice from the City Manager or his/or her designee, remove from the streets or public places all such property and poles of such cable system other than any which the City Manager or his/or her designee may permit to be abandoned in place. In the event of such removal, a grantee shall promptly restore the street or other area from which such property has been removed to a condition satisfactory to the City Manager or his/or her designee.
(o) Grantee's property may be considered abandoned 30 days after termination or expiration of franchise. Any property of a grantee remaining in place 30 days after the termination or expiration of a franchise shall be, at the option of the City Council, considered permanently abandoned. The City Manager or his/or her designee may extend such time not to exceed an additional 30 days.
(p) Abandonment in place shall be done at direction of department of public works: ownership of property shall be transferred to city. Any property of a grantee permitted to be abandoned in place shall be abandoned in such a manner as the department of public works shall prescribe. Upon permanent abandonment of the property of a grantee in place, the grantee shall submit to the city an instrument in writing, to be approved by the City Attorney transferring to the city the ownership of such property. If such an instrument is not received within 30 days of the abandonment, the property shall automatically become that of the city.
(Ord. No. 2801, § 3, 2-25-99)