(a) Interconnection. Each operator shall design its system to allow the same to be interconnected with other networks serving the city or serving areas adjacent to the city, so long as reasonably technically and economically feasible.
(b) Use of Existing Facilities. The operator shall not erect any pole on or along any street in an existing aerial utility system except in accordance with Section 793.03(A). The operator shall exercise its best efforts to negotiate the lease of pole space and facilities from the existing pole owners or all aerial construction. Each operator shall cooperate with each other operator, the city and any others lawfully utilizing the city rights of way, so as to best utilize the use of the right of way for the benefit of the public and without unnecessary duplication of facilities.
(c) Reservation of Street Rights.
(1) Nothing in this chapter shall be construed to prevent the city from constructing, maintaining, repairing or relocating sewers; grading, paving, maintaining, repairing, relocating and/or altering any street; constructing, laying down, repairing, maintaining or relocating any water mains; or constructing, maintaining, relocating, or repairing any sidewalk or other public work.
(2) If any property of the operator shall interfere with the construction or relocation, maintenance or repair of any street or public improvement, whether it be construction, repair, maintenance, removal or relocation of a sewer, public sidewalk, water main, street, or any other public work or improvement, 30 days notice shall be given to the operator by the city and all such poles, wires, conduits or other appliances and facilities shall be removed or replaced by the operator in such manner as shall be directed by the city so that the same shall not interfere, with the said public work of the city, as reasonably determined by the city, and such removal or replacement shall be at the expense of the operator.
(3) Nothing contained in this chapter shall relieve any Person from liability arising out of the failure to exercise reasonable care to avoid injuring the operator's facilities while performing any work connected with grading, regarding, or changing the line of any street or public place or with the construction or reconstruction of any sewer or water system.
(4) Nothing in this chapter should be construed so as to grant any right or interest in any street or public property or other city rights-of-way other than that explicitly set forth herein.
(d) Street Vacation or Modification. In the event any street or portion thereof used by the operator shall be vacated or modified by the city or the use thereof discontinued by the operator during the term of any permit granted pursuant to this chapter, the operator shall, at the operator's expense, forthwith relocate or remove or with the consent of the Mayor (which consent shall not be unreasonably withheld) abandon in place its facilities therefrom unless specifically permitted by the city to continue the same, and upon the relocation or removal thereof restore, repair or reconstruct the street area where such removal has occurred, and place the street area where such removal has occurred to a condition similar to that existing before such removal took place. In the event of failure, neglect or refusal of the operator, after 30 days written notice by the city to remove the facilities or to repair, restore, reconstruct, improve or maintain such street area, the city may do such work or cause it to be done, and the cost thereof as found and declared by the city shall be paid by the operator as directed by the city and collection may be made by any available remedy.
(e) Movement of Facilities. In the event it is necessary temporarily to move or remove any of the operator's wires, cables, poles, or other facilities placed pursuant to this chapter, in order to lawfully move a large object, vehicle, building or other structure over the streets of the city, upon two weeks written notice by the city to the operator, the operator shall, at the expense of the person requesting the temporary removal of such facilities, comply with city's request. Any service disruption provisions of this chapter shall not apply in the event that the removal of the operator's wires, cables, poles or other facilities results in temporary service disruptions.
(Ord. 91-99, passed 7-26-99.)