A. Registration; Permits; Construction Codes; Cooperation:
1. Grantee agrees to obtain a permit as required by the city prior to removing, abandoning, relocating or reconstructing, if necessary, any portion of its facilities. Notwithstanding the foregoing, the city understands and acknowledges there may be instances when grantee is required to make repairs, in compliance with federal or state laws, that are of an emergency nature. Grantee shall notify the city prior to such repairs, if practicable, and shall obtain the necessary permits in a reasonable time after notification to the city.
2. Generally applicable fees and reimbursement paid through the permitting process is separate from, and in addition to, any other fees included in the franchise.
3. Failure to obtain permits or comply with permit requirements shall be grounds for revocation of this franchise, or any lesser sanctions provided herein, or in any other applicable law. Grantee shall not open or disturb the surface of any rights of way or public place for any purpose without first having obtained a permit to do so in the manner provided by law. All excavation shall be coordinated with other utility excavation or construction so as to minimize disruption to the public.
B. Use Of Existing Poles Or Conduits:
1. Grantee shall utilize existing poles, conduits and other facilities whenever commercially and technologically feasible, and shall not construct or install any new, different or additional poles whether on public property or on privately owned property until the written approval of the city is obtained. No location or any pole or wire holding structure of grantee shall be a vested interest, and any grantee poles or structures shall be removed or modified by grantee at its own expense whenever the city determines that the public convenience would be enhanced thereby.
2. The facilities of grantee shall be placed underground where all utility lines are placed underground.
C. Minimum Interference:
1. Grantee shall use its best efforts to give reasonable prior notice to any adjacent private property owners who will be negatively affected or impacted by grantee's work in the rights of way.
2. All transmission and distribution structures, lines and equipment maintained by grantee shall be located so as to cause minimum interference with the unencumbered use of rights of way and other public places except for normal and reasonable obstruction and interference which might occur during construction and to cause minimum interference with the rights and reasonable convenience of property owners who adjoin any of the rights of way and public places.
D. Disturbance Or Damage: Any and all rights of way, or public or private property, which are disturbed or damaged during the repair, replacement, relocation, operation, maintenance, expansion, extension or reconstruction of the system shall be promptly and fully restored by grantee, at its expense, to substantially the same condition as that prevailing prior to grantee's work, as determined by the city. If grantee shall fail to promptly perform the restoration required herein, after written request of the city and reasonable opportunity to satisfy that request, city shall have the right to put the rights of way, public, or private property back into substantially the same condition as that prevailing prior to grantee's work. In the event the city determines that grantee is responsible for such disturbance or damage and fails to restore as set forth in this section, grantee shall be obligated to fully reimburse the city for such restoration within thirty (30) days after its receipt of the city's invoice therefor.
E. Temporary Relocation:
1. At any time during the period of the franchise, grantee shall, at its own expense, protect, support, temporarily disconnect, relocate or remove any of its property when, in the opinion of the city: a) the same is required by reason of traffic conditions, public safety, rights of way vacation, city freeway or rights of way construction, city alteration to or establishment of any rights of way or any facility within the rights of way, sidewalk, or other public place, including, but not limited to, installation of sewers, drains, water lines, power lines, traffic signal lines or transportation facilities; or b) a city project or activity makes temporary disconnection, removal, or relocation necessary or less expensive for the city.
2. Grantee shall, on request of any person holding a permit to move a building, temporarily raise or lower its wires to permit the movement of such buildings. The actual expense of such temporary removal or raising or lowering of wires shall be paid 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 ten (10) days' advance written notice from such person holding a permit to arrange such temporary wire alterations.
F. Emergency: Whenever, in case of fire or other emergency, it becomes necessary in the judgment of the city administrator, police chief, fire chief, or their delegates, to remove or damage any of grantee's facilities, no charge shall be made by grantee against the city for restoration, repair or damages. Notwithstanding the above, grantee reserves the right to assert a right of reimbursement or compensation from any responsible party.
G. Tree Trimming: Grantee shall have the authority to trim trees on public rights of way at its own expense as may be necessary to protect its wires and facilities, subject to any required supervision and direction by the city. Trimming of trees on private property shall require consent of the property owner. Any trimming of trees by the grantee in the rights of way shall be subject to such generally applicable regulation as the city administrator or other authorized official may establish to protect the public health, safety and convenience.
H. Protection Of Facilities: Nothing contained in this section shall relieve any person from liability arising out of the failure to exercise reasonable care to avoid damaging grantee's facilities while performing any work connected with grading, regrading or changing the line of any rights of way or public place or the construction or reconstruction of any sewer or water system.
I. Installation Records: Grantee shall keep accurate installation records, maps or diagrams, of the location of all facilities in the rights of way and public ways and furnish them to the city upon request. Grantee shall cooperate with the city to furnish, if possible, such information in an electronic mapping format compatible with the then current city electronic mapping format. At the commencement of this franchise and upon completion of any further construction or relocation of underground facilities in the rights of way and public ways, grantee shall provide the city, if possible, with installation records in an electronic format compatible with the then current city electronic mapping format showing the location of the underground and aboveground facilities.
J. Locating Facilities:
1. If, during the design process for public improvements, the city discovers a potential conflict with proposed construction, grantee shall either: a) locate and, if necessary, expose its facilities in conflict; or b) use a location service under contract with the city or state to locate or expose its facilities. Grantee is obligated to furnish the location information in a timely manner, but in no case longer than thirty (30) days.
2. The city reserves the prior and superior right to lay, construct, erect, install, use, operate, repair, replace, remove, relocate, regrade, widen, realign, or maintain any rights of way, aerial, surface, or subsurface improvement, including, but not limited to, water mains, traffic control conduits, sanitary or storm sewers, subways, tunnels, bridges, viaducts, or any other public construction within the rights of way of the city limits.
K. City's Rights: Nothing in this franchise shall be construed to prevent the city from constructing, maintaining, repairing or relocating sewers; grading, paving, maintaining, repairing, relocating and/or altering any right of way; constructing, laying down, repairing, maintaining or relocating any water mains; or constructing, maintaining, relocating, or repairing any sidewalk or other public works.
L. Facilities In Conflict: If, during the course of a project, the city determines grantee's facilities are in conflict, then grantee shall, within a reasonable time, but in no event exceeding four (4) months, remove or relocate the conflicting facility. This time period shall begin running upon receipt by grantee of written notice from the city. However, if both the city and grantee agree, the time frame may be extended based on the requirements of the project.
M. Interference With City Facilities: The installation, use and maintenance of grantee's facilities within the rights of way and public ways authorized herein shall be in such a manner as not to unreasonably interfere with the city's placement, construction, use and maintenance of its rights of way and public ways, rights of way lighting, water pipes, drains, sewers, traffic signal systems or other city systems that have been, or may be, installed, maintained, used or authorized by the city.
N. Interference With Utility Facilities: Grantee agrees not to install, maintain or use any of its facilities in such a manner as to damage or unreasonably interfere with any existing facilities of a utility located within the rights of way and public ways of the city. Nothing in this section is meant to limit any rights grantee may have under applicable laws to be compensated for the cost of relocating its facilities from the utility that is requesting the relocation.
O. Collocation: To maximize public and employee safety, to minimize visual clutter of aerial plant, and to minimize the amount of trenching and excavation in and along the city rights of way and sidewalks for underground plant, grantee shall make every commercially reasonable effort to collocate compatible facilities within the rights of way subject to the engineering requirements of the owners of utility poles and other facilities, in the case that relocation or extension of grantee's facilities is approved or required by the city.
P. Safety Requirements:
1. Grantee shall at all times employ ordinary and reasonable care and shall install, maintain, and use nothing less than commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage or injuries.
2. Grantee shall install and maintain its system and other equipment in accordance with the city codes and the requirements of the national electric safety code and all other applicable FCC, state and local regulations, and in such manner that they will not interfere with the city communications technology related to health, safety and welfare of the residents.
3. Cable system structures, lines, equipment and connections in, over, under and upon the rights of way of the city, wherever situated or located, shall at all times be kept and maintained in good condition, order, and repair so that the same shall not menace or endanger the life or property of the city or any person. (Ord. 353, 2-15-2000)