(A) Pole agreements. Under this chapter, the grantee may lease, rent or in any other manner by mutual agreement obtain the use of towers, poles, lines, cables and other equipment and facilities from utility companies operating within the city and use towers, poles, lines, cables and other equipment and facilities for the system. When and where practicable, the poles used by the grantee’s distribution system shall be those erected and maintained by such utility companies operating within the city; provided, mutually satisfactory rental agreements can be reached. It is the grantor’s desire that all holders of public franchises in the city cooperate with the grantee and allow the grantee the use of their poles and pole line facilities whenever possible so that the number of new or additional poles installed in the city may be minimized.
(B) Grantee’s poles. The grantee shall have the right to erect, install and maintain its own towers, poles, guys, anchors, underground conduits and manholes as may be necessary for the proper construction and maintenance of the antenna site, head-end and distribution system; providing that, the grantee has at the work site the necessary grantor permit or copy thereof, for scheduled work, obtained in advance from the appropriate department of the grantor.
(C) Rent of grantee’s poles. The grantee shall have the right to establish terms, conditions and specifications governing the form, type, size, quantity and location of equipment of others on its poles and shall have the further right to charge a fair rental for attachment space occupied by the equipment and plant of others. The grantor shall pay any costs incurred by the grantee in providing space for the grantor’s attachments, including any necessary rearrangements of the grantee’s equipment and plant to provide room for the grantor’s attachments. Upon expiration, termination or revocation of a franchise or if a grantee wishes to dispose of any of its poles, conduit or manholes being used by the grantor, the grantor shall have the option to purchase them in place for their fair market value.
(D) Underground facilities. In those areas of the city where transmission or distribution facilities of both telephone and power companies are underground or may be placed underground, the grantee shall likewise construct, operate and maintain all of its transmission and distribution facilities underground to the maximum extent the then-existing technology permits, in accordance with the most recent National Electrical Code and its successor document, as well as in conformance with all applicable state and municipal ordinances and codes. If and when necessary, amplifiers and/or transformers in the grantee’s transmission and distribution lines shall be in appropriate housings on the surface of the ground. The grantee shall obtain a permit from the grantor for such underground and construction of all work required or pursuant to this section. Even when not required, underground installation is preferable to the placing of additional poles.
(E) Compliance to codes.
(1) All transmission and distribution structures, lines and equipment erected by the grantee in the city shall be located so as not to endanger or interfere with the normal use of streets, alleys or other public ways and places so as to cause minimum interference with the rights or reasonable convenience of the general public and adjoining property owners and so as not to interfere with existing public utility installations and so as to comply with the most recent National Electrical Code, as amended, as well as in conformance with all applicable state and municipal ordinances and codes of general applicability.
(2) If any disturbance occurs by the grantee or its equipment of pavement, sidewalks, driveway, lawn or other surfacing, the grantee shall, at its expense and in the manner required by ordinance, promptly replace and restore all such surfacing as near as reasonably possible to its prior condition.
(3) The construction, installation, operation, maintenance and/or removal of the cable communications system shall meet all of the following safety, construction and technical specifications and codes and standards:
(a) Occupational Safety and Health Administration regulations (OSHA);
(b) National Electrical Code;
(c) National Electrical Safety Code (NESC);
(d) All federal, state and municipal construction requirements, including Federal Communications Commission rules and regulations;
(e) All Building and Zoning Codes and all land use restrictions as they exist or may be amended; and
(f) This code of ordinances.
(F) Interference with other utilities. The grantee shall not place poles, conduits or other fixtures aboveground or belowground where the poles, conduits or other fixtures shall interfere with any prior placement of gas, electric, telephone fixtures, water hydrants or other utilities, and all such poles, conduits or other fixtures aboveground or belowground shall be so placed as to comply with all the requirements of the grantor.
(G) Moving permits. The grantee shall, on request of any person holding a moving permit issued by the grantor, temporarily move its wires or fixtures to permit the moving of buildings. The expense of such temporary removal shall be paid in advance by the person requesting the removal and the grantee shall be given not less than 15 working days’ advance notice to arrange for such temporary changes.
(H) Authority to trim trees. The grantee shall have the authority to trim trees or other natural growth overhanging any of its cable system in the street or alley right-of-way so as to prevent branches from coming in contact with the grantee’s wires, cables or other equipment. The grantee shall reasonably compensate the franchising authority or property owner for any damages caused by such trimming or shall, in its sole discretion, and at its own cost and expense, reasonably replace all trees or shrubs damaged as a result of any construction of the cable system undertaken by grantee. Such replacement shall satisfy any and all obligations the grantee may have to the franchising authority pursuant to the terms of this section.
(I) Service area. The grantee shall design and construct the cable system in such a manner as to pass by and provide adequate tap-off facilities for every single-family dwelling, apartment, school and city building located within the city limits based upon the corporate boundaries at the time of the granting of the franchise; provided that, such locations meet the density requirements pursuant to § 114.046 of this chapter, pertaining to extension of service.
(J) Burial of temporary drops. Temporary drops will be buried within two months of installation, weather permitting.
(2013 Code, § 8-3.6) (Ord. 14586, passed 4-13-1998)