A. Cable System Facilities: Grantee shall not construct, reconstruct, maintain or repair any cable system facilities until grantee has secured the necessary permits from grantor, or other cognizant public agencies.
B. Street Occupancy:
1. Grantee shall utilize existing poles, conduits and other facilities whenever possible, and shall not construct or install any new, different or additional poles, conduits or other facilities whether on public property or on privately owned property until the written approval of the city is obtained, which approval shall not be unreasonably withheld. However, no location of any pole or wire holding structure of the grantee shall be a vested interest and such poles or structures shall be removed or modified by the grantee at its own expense whenever the city determines that the public convenience would be enhanced thereby. Should grantee be permitted to use grantor's poles for its cable system, grantee shall follow all the rules and regulations of grantor with respect to the use of the poles and pay the annual five dollars ($5.00) per pole compensation as provided by written agreement.
2. The facilities of the grantee shall be installed underground in those areas of the city where existing telephone and electric services are both underground at the time of system construction. In areas where telephone or electric utility facilities are installed aerially at the time of system construction, the grantee may install its facilities aerially with the understanding that at such time as the existent aerial facilities are required to be placed underground by the city, the grantee shall likewise place its facilities underground.
3. A grantee shall notify the city at least ten (10) days prior to the intention of the grantee to commence any construction in any streets. The city shall cooperate with the grantee in granting any permits required, providing such grant and subsequent construction by the grantee shall not unduly interfere with the use of such streets and that proposed construction shall be done in accordance with the pertinent provisions of the ordinances of the city.
4. All transmission lines, equipment and structures shall be installed and located as to cause minimum interference with the rights and reasonable convenience of property owners and at all times, shall be kept and maintained in a safe, adequate and substantial condition, and in good order and repair. The grantee shall, at all times, employ ordinary care and shall install and maintain in use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public. Suitable barricades, flags, lights, flares or other devices shall be used at such time and places as are reasonably required for the safety of all members of the public. Any poles or other fixtures placed in any public way by the grantee shall be placed in such a manner as not to interfere with the usual travel on such public way.
5. Grantee shall, at its own expense, and in a manner approved by the city, restore to city standards and specifications any damage or disturbance caused to the public way as a result of its operations or construction on its behalf.
6. Whenever, in case of fire or other disaster, it becomes necessary in the judgment of the chief of the fire department or chief of the police department to remove any of the grantee's facilities, no charge shall be made by the grantee against the city for restoration and repair, unless such actions result from the negligence, gross negligence or wilful disregard by the city.
7. Grantee or its designee shall have the authority to trim trees on public property at its own expense as may be necessary to protect its wires and facilities, subject to the supervision and direction of the city. Trimming of trees on private property shall require consent of the property owner.
8. The grantee at its expense shall protect, support, temporarily disconnect, relocate, or remove any property of grantee when, in the opinion of the city the same is required by reason of traffic conditions, public safety, street vacation, freeway or street construction, change or establishment of street grade, installation of sewers, drains, water pipes, power line, signal line, transportation facilities, tracks, or any other types of structure or improvements by governmental agencies, whether acting in a governmental or a proprietary capacity, or any other structure or public improvement, including, but not limited to, movement of buildings, urban renewal and redevelopment, and any general program under which the city shall undertake to cause all such properties to be located beneath the surface of the ground. The grantee shall in all cases have the privilege, subject to the corresponding obligations, to abandon any property of grantee in place.
9. Upon failure of grantee to commence, pursue or complete any work required by law or by the provisions of this chapter to be done in any street, within the time prescribed and to the satisfaction of the city, the city may, at its option, cause such work to be done and the grantee shall pay to the city the cost thereof in the itemized amounts reported by the city to grantee within thirty (30) days after receipt of such itemized report. (Ord. 6007, 8-23-2004)