(a) 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 proper use of streets, alley or other public ways and places and to cause minimum interference with the rights and reasonable convenience of property owners who join any of such streets, alley or other public ways and places. All cable television systems shall be constructed and operated in compliance with all adopted local and national construction codes.
(b) A Grantee shall not erect, nor authorize or permit others to erect any poles or other facilities within the streets of the City for the conduct of its cable television system, but shall use the existing poles and other equipment of the appropriate electrical power and telephone or other utility companies under such terms and agreements as the Grantee shall negotiate with these companies.
Exceptions may be permitted by the Service Director under such conditions as he shall prescribe for the public welfare. Such permission may be granted only when absolutely necessary to service a customer and not simply because it is more convenient, economical or profitable for the Grantee to so operate. The permission shall be reduced to writing.
(c) Should a Grantee be required to place any lines or other equipment on any boulevard, parkway or other property under the jurisdiction of the City Department of Service, the manner of placement and location thereof shall be subject to the control of the Service Director.
(d) Whenever, in the conduct of its business, a Grantee is required to locate its property within the streets of the City (other than the property which may be attached to utility poles as described in subsection (b) above) permission to so locate must be obtained from the Service Director before the Grantee may install or permit any other person to install such property.
The Grantee shall disclose to the Service Director the nature of such property, the need to locate within the street and the street name. The Service Director shall prescribe any conditions concerning location or installation as he deems necessary.
(e) Whenever the City, County or State of Ohio shall reasonably require relocation or reinstallation of any property of a Grantee in any of the streets of the City, it shall be the obligation of the Grantee upon notice of such requirements to remove and relocate or reinstall such property within seventy-two hours. Such relocation, removal or reinstallation by the Grantee shall be at the sole cost of the Grantee. The Director of Administration may extend the above-mentioned time limit if the Grantee can show reasonable cause.
(f) Whenever all or any part of both the electric and telephone utilities are located underground, it shall be the obligation of the Grantee to locate its property within the City also underground. If both the electric and telephone utilities locate their properties underground after the Grantee has previously installed above ground properties, the Grantee shall, nevertheless, at the same time or immediately thereafter, remove and relocate its properties underground in such places.
(1) The Service Director may permit such properties to remain above ground even though other facilities are placed underground in the area upon being satisfied that the Grantee is unable, for operational reasons only, to locate or relocate its property underground. Such permission may be granted only upon such conditions as the Service Director may require for public health and welfare.
(2) Whenever a property owner requests that facilities of a Grantee be placed underground in an area where electric or telephone facilities are aerial, the property owner shall pay the additional expense of the installation.
(g) A Grantee shall have the authority to trim trees upon and overhanging streets of the City so as to prevent the branches of such trees from coming in contact with Grantee's wires and cables, all trimming to be done under the supervision and direction of the City and at the expense of the Grantee.
(h) In case of disturbance on any street caused by a Grantee, the Grantee shall, at its own cost and expense and in a manner approved by the Service Director, replace and restore such street in as good a condition as before the work involving such disturbance was done.
(i) A Grantee shall, upon request of any person holding a building moving permit issued by the City, temporarily remove, raise or lower its wires to permit the moving of buildings. The expense of such temporary removal or raising or lowering of the wires shall be paid by the person requesting the same, and the Grantee shall have the authority to require such payment in advance. The Grantee shall be given not less than seventy-two hours advance notice to arrange such temporary wire changes.
(Ord. 58-1989. Passed 5-1-89.)