(A) No pavements, sidewalks, curbs, gutters or other street installations shall be disturbed, and no excavation in any of the streets will be made, except with the written permission of the city through its designated employee, official or agent.
(B) At least 15 days prior to performing any construction or installation work in the public streets and rights-of-way, the company shall apply to the city for a permit and shall include descriptive information, which may be subject to proprietary treatment, about the specific location of any applicable lines, facilities or equipment, and the company shall coordinate any construction work with the city.
(C) When an emergency arises which requires immediate repair, the company may disturb or excavate a street without first obtaining written permission from the city, provided that the city is notified in writing of the repair within 5 days. This notification shall include at least the time, date, location and extent of excavation or other work performed.
(D) When the company shall enter upon any street for the purpose of constructing, erecting, operating, maintaining and/or removing equipment and apparatus, it shall prosecute the work, at its own cost and expense, with due diligence and shall dig and close up all trenches and exposed places as rapidly as possible and shall leave the streets in reasonably the same condition as prior to its entry. All the repairs shall be maintained by the company for 1 year in as good condition as the remainder of the street. In the event that the company fails, refuses or neglects to comply with the above provisions, the city shall have the right, after notice in writing having first been given to the company or any officer or agent representing it, to do the work or make the repairs, and the cost and expense thereof shall be paid to the city by the company within 30 days from the date on which an itemized bill is presented to the company.
(E) In the construction, reconstruction, maintenance or removal of any of the equipment and apparatus, the company shall have due regard for the rights of the city and others, and shall avoid interference with and injury to the property of the city or others. The purchaser shall comply with all the laws of the Commonwealth of Kentucky and ordinances of the city as to placing lights, danger signals or warning signs. Such work by the company shall be done in a workmanlike manner and so as not to unnecessarily interfere with public use of any of the streets. The company's work in the public rights-of-way shall be accomplished with a minimum of disruption and interference to the free flow of vehicular and pedestrian traffic.
(Ord. 2005-07, passed 6-20-2005)