(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, 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 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 street. The grantor shall cooperate with the grantee in granting any permit 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 laws 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, at all times, shall 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 damages, 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, at its own expense, and in a manner approved by the grantor, shall restore to the standards and specifications of the grantor any damage or disturbance caused to any public way as a result of operations or construction on behalf of the grantee.
(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, unless such acts amount to gross negligence by the grantor.
(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. The trimming of trees on private property shall require the written consent of the property owner.
(G) The grantee, at its expense, shall protect, support, temporarily disconnect, relocate or remove any property of the grantee when, in the opinion of the grantor, the same is required by reason of traffic conditions, public safety, street vacation, freeway or street construction, change or establishment of street grades, installations of sewers, drains, water pipes, power lines, signal lines, transportation facilities, tracks or any other type of structure or improvement by governmental agencies, whether acting in governmental or a proprietary capacity, or any other structure or public improvement, including, but not limited to, the movement of buildings, urban renewal and redevelopment, and any general program under which the grantor shall undertake to cause all such properties to be located beneath the surface of the ground. The grantee in all cases shall have the privilege, subject to the corresponding obligations, to abandon any property of the grantee in place. Nothing in this section shall be deemed a taking of the property of the grantee, and the grantee shall be entitled to no surcharge by reason of anything set forth in this section.
(H) Upon the failure of the 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, at its option, may 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 the grantee within 30 days after the 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 grantee shall install in conduit all cable passing under any major roadway.
('65 Code, § 7-8.710) (Ord. 244-C.S., passed - - ) Penalty, see § 112.999