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Grantee shall notify city at least ten (10) days prior to the commencement of any construction in any rights of way. 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. (Ord. 827, 8-5-2002, eff. 8-26-2002)
A. Grantee shall utilize existing poles, conduits and other facilities whenever commercially reasonable and shall not construct or install any new, different or additional poles, conduits or other facilities on public property until the written approval of city is obtained. No location or any pole or wire holding structure of grantee shall be a vested interest, and such poles or structures shall be removed or modified by grantee at its own expense whenever city determines that the public convenience would be enhanced thereby.
B. The facilities of grantee shall be installed underground in those areas of city where existing telephone and electric services are both underground at the time of construction by grantee. In areas where either telephone or electric utility facilities are installed aerially at the time of system construction, grantee may install its facilities aerially; however, at such time as the existing aerial facilities are placed underground, grantee shall likewise place its facilities underground at its sole cost. If city requires utilities to bury lines which are currently overhead, and the city financially participates in said undergrounding, then the city will provide the same cost sharing to the grantee. (Ord. 827, 8-5-2002, eff. 8-26-2002)
A. 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.
B. All transmission and distribution structures, lines and equipment erected by grantee shall be located so as to cause minimum interference with the unencumbered use of rights of way and other public places and minimum interference with the rights and reasonable convenience of property owners who adjoin any of the rights of way and public places. (Ord. 827, 8-5-2002, eff. 8-26-2002)
Any and all rights of way, or public or private property, which are disturbed or damaged during the construction, repair, replacement, relocation, operation, maintenance, expansion, extension or reconstruction of the system shall be promptly and fully restored by grantee, at its expense, to a condition as good as that prevailing prior to grantee's work, as determined by city. If grantee shall fail to promptly perform the restoration required herein, after written request of city and reasonable opportunity to satisfy that request, city shall have the right to put the rights of way back into condition as good as that prevailing prior to grantee's work. In the event city determines that grantee is responsible for such disturbance or damage, grantee shall be obligated to fully reimburse city for such restoration within thirty (30) days after its receipt of city's invoice therefor. (Ord. 827, 8-5-2002, eff. 8-26-2002)
A. 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 city: 1) the same is required by reason of traffic conditions, public safety, rights of way vacation, freeway or rights of way construction, 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 2) a city project or activity makes disconnection, removal, or relocation necessary or less expensive for city.
B. 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 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 five (5) business days' advance notice to arrange such temporary wire alterations. (Ord. 827, 8-5-2002, eff. 8-26-2002)
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