§ 118.35  USE OF RIGHTS-OF-WAY.
   (A)   A franchisee must utilize, with the owner’s permission, existing poles, conduits or such other facilities whenever possible.  Copies of agreements for use of poles, conduits or other facilities must be filed with the city upon city request.
   (B)   All transmission lines, equipment and structures must be installed and located to cause minimum interference with the rights and reasonable convenience of property owners.  The city may from time-to-time issue such reasonable rules and regulations concerning the installation  and maintenance of the cable system installed in the public rights-of-way as may be consistent with this chapter and the franchise agreement.
   (C)   Suitable safety devices and practices as required by local, city, state and federal laws, ordinances, regulations and permits must be used during construction, maintenance and repair of a cable system.
   (D)   A franchisee must remove, replace or modify at its own expense the installation of any of its facilities within any a public right-of-way when required to do so by the city to allow it to change, maintain, repair or improve a public thoroughfare.
   (E)   On streets and roads where electrical or telephone utility wiring are located underground, either at the time of initial construction or subsequently, the cable must also be located underground at the franchisee’s expense.  Between a street or road and a subscriber’s residence, the cable must be located underground if either electrical and telephone utility wiring are located underground.  If both electric and telephone utility wiring is aerial, a franchisee may install aerial cable except where a property owner or resident requests underground installation and agrees to bear the additional cost over aerial installation.
   (F)   A franchisee must obtain any required permits before causing any damage or disturbance to public thoroughfares or private property as a result of its construction or operations and must restore to their former condition such private property and public thoroughfares, the latter in a manner approved by the city.  If such restoration is not satisfactorily performed within a reasonable time, the city, or the property owner in the case of private property may, after prior notice to the franchisee, cause the repairs to be made at the expense of the franchisee.
   (G)   A franchisee may trim trees within public rights-of-way at its own expense as necessary to protect its wires and facilities, subject to any direction that may be provided by the city. Trees on private property may be trimmed with the consent of the property owner.
   (H)   At the request of any person holding a valid building moving permit and upon sufficient notice, the franchisee must temporarily raise, lower or cut its wires as necessary to facilitate such move upon not less than 72 hours’ advance notice. The direct expense of such temporary changes, including standby time, must be paid by the permit holder and the franchisee may require payment in advance.
(Ord. 89-15, passed 5-8-89)