(A) The 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 grantor is obtained. 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 grantor determines that the public convenience would be enhanced thereby.
(B) The grantee shall notify the grantor at least ten days prior to the intention of the grantee to commence any construction in any streets. The grantor 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 grantor.
(C) All transmission lines, equipment, and structures shall be so 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 times 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.
(D) The grantee shall, at its own expense, and in a manner approved by the grantor, restore to grantor standards and specifications any damage or disturbance caused to the public way as a result of its operations or construction on its behalf.
(E) Whenever, in case of fire or other disaster, it becomes necessary in the judgment of the grantor to remove any of the grantee’s facilities, no charge shall be made by the grantee against the grantor for restoration and repair.
(F) The grantee 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 grantor. Trimming of trees on private property shall require written consent of the property owner.
(G) The grantee at its expense shall protect, support, temporarily disconnect, relocate, or remove any property of grantee when, in the opinion of the grantor the same is required by reason of traffic conditions, public safety, street vacation, freeway or street grade, installation of sewers, drains, waterpipes, 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, redevelopment, or any general program under which the grantor shall undertake to cause any such properties to be located beneath the surface of the ground. Nothing hereunder shall be deemed a taking of the property of the grantee and the grantee shall be entitled to no surcharge by reason of anything hereunder.
(H) 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 grantor, the grantor may, at its option, cause such work to be done and the grantee shall pay to the grantor the cost thereof in the itemized amounts reported by the grantor to grantee within 30 days after receipt of such itemized report.
(I) The grantee shall make no paving cuts or curb cuts unless absolutely necessary, and only after written permission has been given by the grantor.
(J) The grantor reserves the right to require conduit for underground cabling if deemed to be necessary.
(Prior Code, § 115.079) (Ord. D-1485, § 7.10, passed 6-3-1985, effective 6-13-1985)