(a) Construction.
(1) Subject to applicable Federal, State and local laws, regulations and ordinances of the City and the provisions of this permit, a permittee may perform all construction necessary for the operation of its telecommunications system. All construction and maintenance of any and all facilities within streets incident to the permittee's system shall, regardless of who performs the construction, be and remain the permittee's responsibility. The permittee shall apply for, and obtain, all generally applicable permits necessary for the construction or installation of any facilities, and for excavating and laying any facilities, within the streets. The permittee shall pay all applicable fees upon issuance of the requisite construction permits by the City to the permittee.
(2) Prior to beginning any construction, the permittee shall provide the City with a construction schedule for work in the streets. When the permittee's construction of facilities in the streets is completed, the permittee shall provide the City with a map showing the location of the installed facilities in the streets, as built, in detail, excluding proprietary electronics. All as-builts shall be available at the permittee's local office for inspection.
(3) The permittee may, with the approval of the City, make excavations in streets for any facility needed for the maintenance or extension of the permittee's system. Prior to doing such work, the permittee shall apply for, and obtain, generally applicable permits from the City, and give appropriate notices to any other franchisees, licensees or permittees of the City, or departments of the City, or other units of government owning or maintaining pipes, wires, conduits or other facilities which may be affected by the proposed excavation.
(4) In the event that emergency repairs are necessary, the permittee shall immediately notify the City of the need for such repairs. The permittee may initiate such emergency repairs, and shall apply for appropriate permits within twenty-four hours after discovery of the emergency. The permittee shall comply with all applicable regulations of the City relating to such excavation or construction, including the payment of permit or license fees.
(b) Location of Facilities.
(1) Within forty-eight hours after any other franchisee, licensee, permittee, or other entity to which the City has granted permission to conduct excavation activities notifies a permittee of a proposed street excavation, the permittee shall, at the permittee's expense:
A. Mark on the surface all of its locatable underground facilities within the area of the proposed excavation;
B. Notify the excavator of any unlocatable underground facilities in the area of the proposed excavation; or
C. Notify the excavator that the permittee does not have any underground facilities in the vicinity of the proposed excavation.
(2) In the event that all surfaces were accurately marked for underground facilities as requested and the permittee's plant was cut or damaged for whatever reason, then the entity responsible for causing such damage shall be required to notify the permittee of such damage and pay for the repair of the permittee's plant.
(c) Restoration of Streets.
(1) Whenever a permittee disturbs the surface of any street for any purpose, the permittee shall promptly restore the street to at least its prior condition to the satisfaction of the Building Commissioner. When any opening is made by a permittee in a hard surface pavement in any street, the permittee shall promptly refill the opening and restore the surface to a condition satisfactory to the Building Commissioner.
(2) If the permittee excavates the surface of any street, the permittee shall be responsible for restoration of the street and its surface within the area affected by the excavation, in accordance with applicable regulations of the City and to the satisfaction of the Building Commissioner. The City may, after providing notice and an opportunity to correct to the permittee, refill and/or repave any opening made by the permittee in the street, and the expense thereof shall be paid by the permittee. The City may, after providing notice and an opportunity to correct to the permittee, remove and/or repair any work done by the permittee which, in the determination of the City, is inadequate. The cost thereof, including the costs of inspection and supervision, shall be paid by the permittee. All excavations made by the permittee in the streets shall be properly safeguarded for the prevention of accidents. All of the permittee's work under this chapter and this section, in particular, shall be done in strict compliance with all rules, regulations and ordinances of the City.
(d) Maintenance and Workmanship.
(1) A permittee's system shall be constructed and maintained in such manner as not to interfere with sewers, water pipes, or any other property of the City or County, or with any other pipes, wires, conduits, pedestals, structures, or other facilities that may have been laid in the streets by, or under, the authority of the City.
(2) The permittee shall provide and use any equipment and appliances necessary to control and carry the permittee's signals or other utilities so as to prevent injury to the City's property or property belonging to any person. The permittee, at its own expense, shall repair, renew, change and improve its facilities as listed above in good repair, and safe and presentable condition.
(e) Acquisition of Facilities. Upon a permittee's acquisition of facilities in any street in the City, or upon the addition or annexation to the City of any area in which the permittee owns or operates any facility, the permittee shall, at the City's request, submit to the City a statement describing all facilities involved, whether authorized by franchise, permit, license or other prior right, and specifying the location of all such facilities to the extent the permittee has possession of such information. Such facilities shall immediately be subject to the terms of this permit.
(f) Reservation of City Street Rights. Nothing in this permit shall prevent the City or public utilities owned, maintained and/or operated by public entities other than the City, from constructing sewers; grading, paving, repairing and/or altering any street; laying down, repairing or removing water mains; or constructing or establishing any other public work or improvement. All such work shall be done, insofar as practicable, so as not to obstruct, injure or prevent the use and operation of the permittee's system. However, if any of the permittee's system interferes with the construction or repair of any street or public improvement, including construction, repair or removal of a sewer or water main, such portion of the permittee's system shall be removed or replaced in the manner the City shall reasonably direct, and the City shall in no event be liable for any damage to any portion of the permittee's system. Any and all such removal or replacement shall be at the expense of the permittee. Should the permittee fail to remove, adjust or relocate its facilities by the date established by the written notice of the City to the permittee, the City may effect such removal, adjustment or relocation, and the reasonable expense thereof shall be paid by the permittee, including all reasonable costs and expenses incurred by the City due to the permittee's delay.
(g) Street Vacation. If any street or portion thereof used by the permittee is vacated by the City during the term of its permit, unless the City specifically reserves to the permittee the right to continue its installation in the vacated street, the permittee shall, without delay or expense to the City, remove or discontinue its use of its facilities from such street, and restore, repair or reconstruct the street where such removal has occurred, and replace the street in the condition found. In the event of the failure, neglect or refusal of the permittee, after a time period to be negotiated by the City and the permittee, to restore, repair or reconstruct such street, the City may do such work or cause it to be done, and the cost thereof may be collected by the City from the performance bond of the permittee, if any.
(h) Discontinuing Use of Facilities. Whenever a permittee intends to discontinue using any facility within the streets, the permittee shall submit for the City's approval a complete description of the facility and the date on which the permittee intends to discontinue using the facility. The permittee may remove the facility or request that the City permit it to remain in place. Notwithstanding the permittee's request that any such facility remain in place, the City may require the permittee to remove the facility from above the street or modify the facility to protect the public health, welfare, safety, and convenience, or otherwise serve the public interest. The City may require the permittee to perform a combination of modification and removal of any such above-ground facility. The permittee shall complete such removal or modification in accordance with a schedule set by the City and shall restore the area to a condition satisfactory to the City. Until such time as the permittee removes or modifies the facility as directed by the City, or until the rights to and responsibility for the facility are accepted by another person having authority to construct and maintain such facility, the permittee shall be responsible for all necessary repairs and relocations of the facility, as well as maintenance of the street, in the same manner and degree as if the facility were in active use, and the permittee shall retain all liability for such facility.
(i) Hazardous Substances.
(1) A permittee shall comply with all applicable Federal, State and local laws, statutes, regulations, and orders, including, but not limited to, the National Electric Safety Code, concerning hazardous substances relating to the permittee's system in the streets.
(2) The permittee shall maintain and inspect its system located in the streets. Upon reasonable notice to the permittee, the City may inspect the permittee's facilities in the streets to determine if any release of hazardous substances has occurred, or may occur, from or related to the permittee's system. In removing or modifying the permittee's facilities as provided in this permit, the permittee shall also remove all residue of hazardous substances related thereto.
(3) The permittee agrees to forever indemnify the City against any claims, costs and expenses, of any kind, nature and description, whether direct or indirect, including reasonable attorney fees, incurred by the City arising out of the release of hazardous substances caused by the permittee's system.
(j) Undergrounding of Cable. A permittee's existing facilities and existing portions of the permittee's system shall be placed underground at the permittee's expense when other utilities in the same right-of-ways place their facilities underground, or when required of all utilities and persons by general ordinances of the City or applicable State or Federal law.
(k) Construction Codes. A permittee shall strictly adhere to all building and zoning codes currently or hereafter in effect. The permittee shall arrange its works, fiber strands, electronic equipment, amplification equipment, optic equipment, transmission and distribution structures, lines, termination equipment, pipes, sewers, mains, tubing, conduits, inner-ducts, regenerators, repeaters, underground lines, vaults, manholes, handholes, wires, cables, towers, poles and attachments and other appurtenances, on both public and private property, in such a manner as to cause no unreasonable interference with the use of such public or private property by any person. In the event of such interference, the City may require the removal or relocation of the permittee's facilities, at the permittee's sole cost and expense, and other appurtenances from the property in question.
(l) Construction and Use of Poles.
(1) Whenever feasible, the construction, maintenance, and use of the permittee's system shall comply with the standards of materials in engineering and all other provisions for underground construction as required by the Planning and Zoning Code and this chapter. The permittee may make all needed excavations in the streets for the purpose of placing, erecting, laying, maintaining, repairing, and removing poles, conduits, supports for wires and conductors, and any other facility needed for the maintenance or extension of the permittee's system as the City may, at its discretion, approve. In the event said construction is not feasible, then said system shall comply with the standards of a pole user agreement for use of poles, entered into by and between other pole users and the permittee. All poles of the permittee shall be erected between the curb and the sidewalk unless otherwise designated by the proper authorities of the City, and each pole shall be set whenever practicable at an extension lot line. The City shall have the right to require the permittee to change the location of any permittee-owned pole, conduit, structure or other facility within the streets when, in the opinion of the City, the public convenience requires such change, and the expense thereof shall be paid by the permittee.
(2) Nothing herein shall exempt the permittee from compliance with all Charter and ordinance provisions relating to such excavations or the construction thereof or from any provision requiring payment of other permit, franchise or license fees pertaining thereto.
(m) System Design. The permittee's system shall comply with the design and service requirements and schedules contained in this permit and any franchise, all applicable laws and regulations, and the Exhibits attached to each individual permit application as prepared and submitted by the permittee. All of the permittee's construction and design shall be subject to the City's supervision and control, including, without limitation, the location of facilities, the placement of poles, and the decision to underground any facilities. The permittee shall submit construction drawings and specifications for approval on all projects.
(n) System Upgrade Schedule.
(1) The permittee shall comply with the requirements of the system upgrade schedule to be contained in Exhibit C, attached to each individual permit application as prepared and submitted by the permittee.
(2) No less than thirty days prior to the start of construction in the serving area, the permittee shall meet all applicable design and construction standards of the City and shall provide a detailed construction progress schedule, area construction maps, and all other required information. In addition, the permittee shall update this information upon request by the City on a quarterly basis, by submitting a copy of its normal internal progress reports, showing specifically whether schedules are being met and the reasons for any delay.
(o) Installation of New System Underground. All new or upgrade system facilities shall be installed underground where existing underground utility facilities exist, but may be installed on existing utility poles where aerial facilities currently exist, if permitted by the City. In areas where no poles exist, the permittee shall place its facilities underground, and the permittee shall move existing facilities underground whenever all other utilities go underground, or if the permittee upgrades its system facilities.
(p) Prewiring. Any law of the City which requires prewiring of subdivisions or other developments for electrical and telephone service shall be construed to include wiring for telecommunications systems.
(q) Undergrounding of Multiple-Dwelling Units. In cases of single site multiple-dwelling units, the permittee shall minimize the number of individual aerial drop cables by installing multiple drop cables underground between the pole or underground junction box and the dwelling unit, where determined to be technologically feasible, in agreement with the owners and/or the owner's association of the multiple-dwelling units. This section shall apply only to newly constructed buildings or unwired existing buildings. The permittee shall be required to install drop cables only if all other utilities are required to do the same at the time of installation.
(r) Right-of-Way Occupancy.
(1) In any case where the permittee has the required written permission from the City not to underground its system facilities, the permittee shall utilize existing poles, conduits and other facilities whenever possible and economically feasible, and may not construct or install any new, different or additional poles, conduits or other facilities on public property until the written approval of the City is obtained.
(2) The permittee shall:
A. Locate and install all transmission lines, equipment and structures so as to cause minimum interference with the rights and reasonable convenience of property owners. However, the permittee shall retain the right to determine, because of technical feasibility and technical reliability, where, when, how and if equipment originally installed needs to be redesigned, reconfigured or relocated;
B. Keep and maintain all transmission lines, equipment and structures in a safe, adequate and substantial condition, and in good order and repair;
C. Employ professional care and install and maintain methods and devices for preventing failures and accidents that are likely to cause damage, injuries or nuisances to the public;
D. Use suitable barricades, flags, lights, flares or other devices as necessary for the safety of all members of the public;
E. Place any poles or other fixtures in any public right-of-way in such manner as not to interfere with the usual travel of the right-of-way or cause unsafe conditions of any sort; and
F. Comply with all local and State laws, rules and regulations pertaining to traffic control.
(3) The permittee may not make paving cuts or curb cuts unless absolutely necessary, and only after written permission and a street cut permit have been obtained from the City, under such conditions as the City shall, in its sole discretion, determine.
(4) The City may reasonably require conduit for underground cable in areas specified by the City, said conduit to be provided at the permittee's sole expense.
(5) Before beginning any excavation or other construction activity on a public right-of-way or easement which crosses or abuts any private property, the permittee shall clearly mark and delineate with flags, stakes or non-polluting water-soluble spray paint, the boundaries of that public right-of-way or easement where it abuts or crosses the private property.
(6) In case of disturbance of any street, sidewalk, alley, easement, public way, grassed or paved area, or any public or private property, the permittee shall, at its own cost and expense and in a manner approved by the City, replace and restore such street, sidewalk, alley, easement, public way, grassed or paved area, or any other public or private property, in as good condition as, or better condition than, before the work causing such disturbance was performed, to the satisfaction of the City.
(7) The permittee shall locate, mark and map any of its installed facilities and its system for the City at no expense to the City. The cable and other facilities shall be installed so that it can be detected by the use of standard locating devices.
(s) Completion of Work by City. On failure of the permittee to commence, pursue or complete any work required by law or by the provisions of this permit or any applicable permit or franchise, to be done in any public right-of-way or public utilities easement, within the time prescribed and to the reasonable satisfaction of the City, the City may cause the work to be done. The permittee shall pay to the City the costs of the work in the itemized amount reported by the City to the permittee within twenty days after receipt of the itemized report. Failure to timely reimburse the City for these costs may result in the revocation of its permit.
(t) Removal of Facilities.
(1) On receipt of written notice, the permittee, at its own expense, shall:
A. Protect, support, temporarily disconnect, relocate or remove any of its property as necessary due to traffic conditions, public safety, street vacation or street grade, separation or realignment, installation of sewers, drains, water pipes, power lines, signal lines, transportation facilities, tracks, or any other type of structure or improvements; and
B. On the request of any person holding a building moving permit issued by the City, temporarily raise or lower its wires to permit the moving of the building or buildings. The permittee may require reasonable advance payment from any such permittee prior to raising or lowering its wires.
(2) Nothing described in this subsection shall be considered a taking of the property of the permittee and the permittee is not entitled to additional compensation due to these actions.
(u) Stop Work.
(1) On notice from the City that any work is being prosecuted contrary to the provisions of this permit, or in an unsafe or dangerous manner as determined by the City, or in violation of the terms of any other applicable permit, franchise, laws, regulations, ordinances, or standards, the work may immediately be stopped by the City.
(2) The stop work order shall be:
A. In writing;
B. Given to the individual doing the work, or posted on the work site; and
C. Sent to the permittee by overnight delivery at the address given herein;
And may:
D. Indicate the nature of the alleged violation or unsafe condition; and
E. Establish conditions under which work may be resumed.
(v) Permittee's Contractors. The permittee's contractors shall be licensed and bonded in accordance with the City's ordinances, regulations or requirements relating to any contractors working in the public right-of-ways. Any action or omission of a contractor of the permittee which violates any provision of this permit shall be considered an action or omission of the permittee for the purposes of this permit.
(w) Private Property. Except in the case of an emergency involving public safety or service interruption to a large number of subscribers, the permittee shall give reasonable notice to the property owners or legal tenants prior to entering upon any private premises, and said notice shall specify the work to be performed, provided that in the case of construction operations, such notice shall be delivered or provided, when possible, prior to entry. If any damage is caused by any activity or omission of the permittee, the permittee shall reimburse the property owner the reasonable cost of the damage or replace or repair the damaged property. For the installation of pedestals or other major construction or installation projects, property owners shall also be notified by mail at least one week in advance. In the case of an emergency (as defined above), the permittee shall attempt to contact the property owner or legal tenant in person, and shall leave a door hanger notice in the event personal contact is not made. Nothing herein shall be construed as authorizing access or entry to private property or any other property where such right to access or entry is not otherwise provided by law.
(x) Burial Standards.
(1) Depths. The permittee shall comply with the following burial depth standards unless local ordinances or National Electrical Code standards require a deeper minimum depth:
A. Drops from the curb shall be buried at a minimum depth of eight inches.
B. Feeder lines shall be buried at a minimum depth of eighteen to twenty-four inches.
C. Trunk lines shall be buried at a minimum depth of eighteen to twenty-four inches.
D. Fiber optic cable shall be buried at a minimum depth of eighteen to twenty-four inches.
(2) Timeliness. Temporary drops installed by the permittee to residences shall be buried according to these standards within one calendar week of initial installation. When freezing surfaces or other adverse weather conditions prevent the permittee from achieving such timetable, the permittee shall apprise the subscriber of the circumstances and the estimated time of burial, in writing, and shall provide the subscriber, in writing, with the permittee's telephone number and instructions as to how and when to call the permittee to request burial of the line if the revised schedule is not met.
(y) National Standards. The City shall have the option of adopting any national standards for the installation of optic fiber hereafter promulgated or established, which standards shall be adhered to by the permittee.
(z) Construction Standards.
(1) The permittee shall comply with all of the City's applicable construction codes, including those incorporated by reference into these Codified Ordinances, and further including, without limitation, the Electronic Industries Association Standard for Physical Location and Protection of Below Ground Fiber Optic Cable Plant, zoning ordinances and permit procedures. The grantor may charge permit fees consistent with existing laws for upgrade construction of the cable plant. To expedite the upgrade construction process, the grantor agrees to attempt to process all applications, reviews, authorizations or consents pertaining to permits, zoning issues, authorizations and consents in a period not to exceed thirty days from the date a complete written application or request was made to the grantor.
(2) All construction practices shall be in accordance with all applicable sections of Federal and State Occupational Safety and Health Acts, and any amendments thereto, as well as all State and local codes and standards, where applicable.
(3) All installation of electronic equipment shall be of a permanent nature, durable and installed in accordance with the provisions of the National Electrical Code, as amended, and all applicable State and local codes.
(4) Antenna supporting structures (towers) shall be designed for the proper loading as specified in the Electronic Industries Association's R.S. 222-A specifications, as they may be amended from time to time. Antenna supporting structures (towers) shall be painted, lighted, erected and maintained in accordance with all applicable rules and regulations of the Federal Aviation Administration and all other applicable State and local codes or regulations.
(5) Neither the permittee's plant and equipment, nor any work the permittee performs, shall endanger or interfere with, in any manner beyond reasonable requirements given the work the permittee is performing, the rights of any property owner, or hinder or obstruct pedestrian or vehicular traffic.
(6) The permittee shall at all times employ professional care and shall install and maintain in use methods and devices to prevent failures and accidents which risk damage, injury or nuisance to the public.
(aa) Cable Service to New Residential Developments. In new residential developments in which all the electric power and telephone utilities are underground, the following procedure shall apply with respect to access to and utilization of underground easements:
(1) The developer shall be responsible for contacting and surveying all franchised cable operators to ascertain which operators desire (or, pursuant to the terms and provisions of this chapter and any franchise agreement, may be required) to provide cable service to that development. The developer may establish a reasonable deadline to receive cable operator responses. The final development map shall indicate the cable operators that have agreed to serve the development.
(2) If one or two cable operators wish to provide service, they shall be accommodated in the joint utilities trench on a nondiscriminatory shared basis. If fewer than two operators indicate interest, the developer shall provide conduit to accommodate two sets of cable television cables and dedicate to the City any initially unoccupied conduit. The developer shall be entitled to recover the pro-rata cost of such initially unoccupied conduit in the event that the City subsequently leases or sells occupancy or use rights to any other cable operator.
(3) The developer shall provide at least ten working days notice of the date that utility trenches will be open to the cable operators that have agreed to serve the development. When the trenches are open, cable operators shall have two working days to begin the installation of their cables, and five working days after beginning installation to complete installation.
(4) The final development map shall not be approved until the developer submits evidence that:
A. It has notified each cable operator that underground utility trenches are to open as of an estimated date, and that each cable operator will be allowed access to such trenches, including trenches from proposed streets to individual homes or home sites, on specified nondiscriminatory terms and conditions; and
B. It has received a written notification from each cable operator that the cable operator intends to install its facilities during the open trench period on the specified terms and conditions, or such other terms and conditions as are mutually agreeable to the developer and the cable operator, or has received no reply from a cable operator within ten days after its notification to such cable operator, in which case the cable operator will be deemed to have waived its opportunity to install its facilities during the open trench period.
(5) Sharing the joint utilities trench shall be subject to compliance with any applicable State regulatory agency and utility standards. If such compliance is not possible, the developer shall provide a separate trench for the cable television cables, with the entire cost shared among the participating cable operators. With the concurrence of the developer, the affected utilities and the cable operators, alternative installation procedures, such as the use of deeper trenches, may be utilized, subject to applicable law.
(6) Any cable operator wishing to serve an area where the trenches have been closed and existing conduit is utilized to capacity, shall be responsible for its own trenching, as approved by the City, and associated costs, and shall repair all property to the condition which existed prior to such trenching or burial, to the satisfaction of the City.
(7) The City reserves the right to require clustering of pedestals with other utilities, licensees, permittees or franchisees.
(bb) Street Improvements. The City shall attempt to give permittees at least forty-five days advance notice (or notice as soon as possible in cases of emergency) of street improvements or other activity which could affect the permittee's system, including, but not limited to, street or public right-of-ways excavation, construction, repair, grading, traffic conditions, installation of sewers, drains or water pipes, power or signal lines, tracks or vacation or improvement of public works.
(1) All such public works shall be done, insofar as possible, in such a manner as not to obstruct, injure, or prevent the free use and operation of the poles, wires, conduits, conductors, pipes or appurtenances of the permittee's system. Nothing contained herein shall relieve any person or entity from liability arising out of the failure to exercise reasonable care to avoid interfering with the permittee's system facilities while performing the public works.
(2) If any equipment of the permittee shall interfere with public works, then, upon receipt of the notice, that part of the equipment of the permittee which interferes shall be removed or replaced by the permittee in such manner as shall be directed by the City so that the same shall not interfere with the public works as reasonably determined by the City, and the permittee shall bear the reasonable expense of such removal or replacement.
(cc) Notice. Except in the case of an emergency involving public safety or service interruption to a large number of subscribers, the permittee shall give reasonable notice to the property owners or legal tenants prior to entering upon any private premises, and said notice shall specify the work to be performed. If any damage is caused by any permittee activity or omission, the permittee shall reimburse the property owner the reasonable cost of the damage or replace the damaged property. For installation of pedestals or other major construction or installation projects, property owners shall also be notified by mail at least one week in advance. In the case of an emergency (as defined above), the permittee shall attempt to contact the property owner or legal tenant in person, and shall leave a door hanger notice in the event personal contact is not made. Nothing herein shall be construed as authorizing access or entry to private property or any other property where such right to access or entry is not otherwise provided by law.
(dd) Technical Standards.
(1) The permittee shall construct, install, operate and maintain its system in a manner consistent with all applicable laws, ordinances, construction standards, governmental requirements, Federal Communications Commission technical standards, and any standards set forth in its franchise agreement, if any.
(2) Failure to maintain specified technical standards shall constitute a material permit violation.
(3) All construction practices shall be in accordance with all applicable sections of the Occupational Safety and Health Act of 1970, as amended, as well as all other applicable Federal, State and local laws and regulations.
(4) All installation of electronic equipment shall be installed in accordance with the provisions of the National Electrical and Safety Code and the National Electrical Code, as the same may, from time to time, be amended.
(5) Antennas and their supporting structures (towers) shall be painted, lighted, erected and maintained in accordance with all applicable rules and regulations of the Federal Aviation Administration and all other applicable Federal, State and local laws and regulations.
(6) All of the permittee's plant and equipment, including, but not limited to, the antenna site, headend and distribution system, towers, house connections, structures, poles, wire, coaxial cable, fiber strands, electronic equipment, amplification equipment, optic equipment, transmission and distribution structures, lines, termination equipment, pipes, sewers, mains, tubing, conduits, innerducts, regenerators, repeaters, underground lines, vaults, manholes, handholes, wires, cables, towers, poles and attachments, and fixtures and appurtenances, used for the telecommunications system, shall be installed, located, erected, constructed, reconstructed, replaced, removed, repaired, maintained and operated in accordance with good engineering practices, performed by experienced maintenance and construction personnel so as not to endanger or interfere with improvements that the City may deem appropriate to make or to interfere in any manner with the rights of any property owner, or to unnecessarily hinder or obstruct pedestrian or vehicular traffic.
(7) The permittee shall at all times employ ordinary care and shall install and maintain in use commonly accepted methods and devices preventing failures and accidents which are likely to cause damage, injury or nuisance to the public.
(ee) Trimming of Trees.
(1) The permittee shall have the authority to trim trees, at its sole cost, in accordance with all applicable utility restrictions and ordinance and easement restrictions, upon and hanging over streets, alleys, sidewalks, and public places of the City so as to prevent the branches of such trees from coming in contact with the wires and cables of the permittee, at the permittee's sole cost. The City representatives shall have authority to supervise and approve all trimming of trees conducted by the permittee.
(2) Except in emergencies, the permittee may not prune trees at a point below thirty feet above sidewalk grade until one week after written notice has been given to the owner or occupant of the premises abutting the street in or over which the tree is growing. For purposes of this section, emergencies exist when it is necessary to prune to protect the public from imminent danger of immediate interruption of cable signal. The owner or occupant shall have seven days from the receipt of the permittee's notice to arrange for an outside contractor to prune the tree, at his or her own expense. If the owner or occupant fails to do so, the permittee may prune such tree at its own expense.
(ff) Use of Facilities by City. The City shall have the right to install and maintain, free of charge, upon the poles and within the underground pipes and conduits of the permittee, any wires and fixtures desired by the City, to the extent that such installation and maintenance do not unreasonably interfere with existing operations of the permittee and are in accordance with other governmental regulations.
(Ord. 02-69. Passed 6-18-02.)