(a) Underground Installation. All installations shall be underground in those areas of the City where public utilities providing both telephone and electric service are underground at the time of installation. In areas where either telephone or electric utility facilities are above ground at the time of installation, a grantee may install its service above ground, provided that, at such time as those facilities are required to be placed underground by the City or are placed underground, a grantee shall likewise place its services underground, with additional cost to the City or to the individual subscriber so served within the City. Where not otherwise required to be placed underground by this chapter or the franchise, a grantee's system shall be located underground at the request of the adjacent property owner, provided that the excess costs, which are the actual construction and maintenance costs which are above normal costs for aerial location, are borne by the property owner making the request. All cable passing under the roadway shall be installed in conduit.
(b) New Construction or Development. In the case of new construction or property development, where utilities are to be placed underground, the developer or property owner shall give a grantee reasonable notice of not less than thirty days prior to such construction or development, and of the particular date on which open trenching will be available for a grantee's installation of conduit, pedestals and/or vaults and laterals to be provided at the grantee's expense. The grantee shall also provide specifications as needed for trenching.
(c) Construction Codes and Permits. A grantee shall obtain any required permits from the City before commencing construction involving the opening or disturbance of any street or public property. The City shall cooperate with the grantee and use its best efforts in granting any permits required. A grantee shall arrange its lines, cables and other appurtenances, on any street or public property, in such a manner as to cause no unreasonable interference with the usual and customary use of said street or public property by any person.
(d) Interference With Persons, Improvements, Public and Private Property and Utilities. A grantee's system and facilities, including poles, lines, equipment and all appurtenances, shall be located, erected and maintained so that such facilities shall not:
(1) Endanger or interfere with the health, safety or lives of persons;
(2) Interfere with any improvements the City, County or State may deem proper to make;
(3) Interfere with the free and proper use of public streets, alleys, bridges, easements or other public ways, places or property, except to the minimum extent possible during actual construction or repair;
(4) Interfere with the rights and reasonable convenience of private property owners, except to the minimum extent possible during actual construction or repair; and
(5) Obstruct, hinder or interfere with any gas, electric, water or telephone facilities or other utilities located within the City.
(e) Repair of Streets and Public Property. Any and all streets or public property which is disturbed or damaged during the construction, operation or maintenance of the system shall be promptly repaired by a grantee, at its expense and to the condition that existed prior to the disturbance or damage.
(f) Trimming of Trees. A grantee may cut or trim trees and vegetation interfering with National Electrical Safety Code Standards and other clearance requirements.
(g) Movement of Facilities. In the event that it is necessary to temporarily move or remove any of a grantee's wires, cables, poles or other facilities placed pursuant to this franchise, in order, lawfully, to move a large object, vehicle, building or other structure over the streets of the City, the grantee, upon thirty days prior notice by the City to said grantee, shall move, at the expense of the person requesting the temporary removal, such of its facilities as may be required to facilitate such movement.
(h) Relocation of Facilities for City. In the event the City requests that a grantee relocate its facilities, said grantee shall be reimbursed for such relocation to the extent that other utilities are reimbursed.
(i) Easements. All necessary easements over and under private property shall be arranged for by a grantee or obtained by operation of law.
(Ord. 95-17. Passed 9-18-95.)