(A) All transmission and distribution structures, lines, and equipment erected by Franchisee within Grantor shall be located as to cause minimum interference with the proper use of streets, alleys, and the public ways and places, and to cause minimum interference with the rights and reasonable convenience of property owners who adjoin any of the said streets, alleys, or other public ways and places, and said poles or towers shall be removed by Franchisee whenever Grantor reasonably finds that the same restrict or obstruct the operation or location of any future streets or public places within Grantor.
(B) Construction and maintenance of the System shall be in accordance with the provisions of the National Electrical Safety Code, prepared by the National Bureau of Standards, the National Electrical Code of the National Board of Fire Underwriters, and such applicable ordinances and regulations of Grantor, affecting electrical installation, which may be presently in effect, or changed by future ordinances.
(C) In case of disturbance of any street, sidewalk, alley, public way or paved area, Franchisee shall, at its own cost and expense and in a manner approved by Grantor, replace and restore such street, sidewalk, alley, public way or paved areas in as good a condition as before the work involving such disturbance was done.
(D) If at any time during the period of this chapter Grantor shall lawfully elect to alter or change the grade of any street, sidewalk, alley, or other public way, Franchisee, upon reasonable notice by Grantor, shall remove, relay, and relocate its poles, wires, cables, underground conduits, manholes, and other fixtures at its own expense.
(E) Franchisee shall on the request of any person holding a building moving permit or any persons who wish to remove trees or structures from their property temporarily raise or lower its wires to permit the moving of buildings or tree removal. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting the same; the Franchisee shall have the authority to require such payment in advance. Franchisee shall be given not less than 72 hours advance notice to arrange for such temporary wire changes.
(F) Subject to Grantor approval, Franchisee shall have the authority to trim trees that are overhanging the streets, alleys, sidewalks, and public ways and places so as to prevent the branches of such trees from coming in contact with the wires and cables of Franchisee, except that, at the option of Grantor, such trimming may be done by it or under its supervision and direction at the expense of Franchisee.
(G) Franchisee, shall, at its expense, protect, support, temporarily disconnect, relocate on the same street, alley, or public place, or remove from the street, alley, or public place any property of Franchisee when required by Grantor by reason of traffic conditions, change of establishments of street grade, installation of sewers, drains, water pipes, power lines, signal lines, and tracks or any other type of structures or improvements by governmental agencies when acting in a governmental or proprietary capacity, or other structure of public improvement, provided, however, that Franchisee shall in all cases have the privileges and be subject to the obligations to abandon any property of Franchisee in place as hereinafter provided.
(H) In all sections of Grantor where Grantor designates an area where all presently aboveground services are to be placed underground, Franchisee shall place its wires underground on the same time schedule and on the same conditions that are applicable to the providing of other aboveground services in the designated areas.
(I) In the event that the use of any part of the System is discontinued for any reason for a continuous period of 12 months, or in the event such System or property has been installed in any street or public place without complying with the requirements of this chapter, or the rights granted hereunder have been subject to the rights of the City to acquire or transfer the system as specified in § 113.16, [sic] promptly remove from the streets, or public places, all such property and poles of such System other than any which the City may permit to be abandoned in place. In the event of such removal, Franchisee shall promptly restore the street or other areas from which [sic] such satisfactory to Grantor.
(J) Any property of Franchisee to be abandoned in place shall be abandoned in such a manner as Grantor may prescribe. Upon permanent abandonment of the property of Franchisee in place, it shall submit to Grantor an instrument to be approved by Grantor, transferring to Grantor the ownership of such property.
(Ord. 96-5, passed 3-18-96)