(A) Methods of construction, installation, and maintenance of the grantee's system shall comply with the National Electrical Safety Code, National Bureau of Standards Handbook 81 (part 2), United States Department of Commerce, November 1, 1961, to the extent that such code is consistent with local law affecting the construction, installation, and maintenance of electric supply and communication lines.
(B) Any tower constructed for use in the grantee's Cable Communications System shall comply with the standards contained in Structural Standards for Steel Antenna Towers and Antenna Supporting Structures, EIA Standards RS-222-A, as published by the Engineering Department of the Electronics Industries Association, 2201 I Street, N.W., Washington, D.C. 20006.
(C) All methods of construction, installation, and maintenance of the grantee's system shall also comply with all applicable laws and rules of the State of Ohio and the city. The city reserves the right to adopt by ordinance an agreement regulating the joint use of city-owned utility poles and easements in conjunction with the grantee and from time to time to issue, by duly adopted ordinance, such reasonable rules and regulations concerning the construction, operation, and maintenance of the system as are consistent with the provisions of this chapter, and necessary to protect its residents' rights to the peaceful enjoyment of the public ways.
(D) In the construction, installation, maintenance, removal, or repair of the facilities contemplated, the grantee shall exercise reasonable care and diligence to avoid damage, injury, or nuisance to persons or property and shall install and maintain its facilities in a workmanlike manner so as to minimize the public inconvenience and so as not to interfere with any facilities of the city. The grantee shall comply with all existing city regulations pertaining to the use of the public ways entered and opened by it so as to prevent injury to persons or damage to property while work is being performed. All such public ways shall be restored to their former condition by the grantee as soon as is practicable after completion of work.
(E) The grantee shall be permitted to place its cables, wires, or other equipment overhead when local or state law permits overhead construction and other like facilities are overhead. The grantee shall place its cables, wires, or other equipment underground when local or state law require underground placement and where all other like facilities are underground.
(F) The city shall use its best efforts with pole owners to promote the joint use of poles so as to assure the broadest possible wiring of premises within the city. In the case of city-owned poles such joint use may be subject to a separate fee at the option of the city. The grantee shall not erect any new poles without first obtaining the city's written approval of the location, type, and specifications thereof.
(G) Notwithstanding any other provisions of this franchise, if, in any part of the city, satisfactory aerial or underground easement rights over private property cannot be obtained on reasonable terms, the company shall have no obligations to build its system or provide service in that area.
(H) The grantee shall have the right to trim trees in, and overhanging, the public ways in a workmanlike manner, so as to protect its facilities from abrasive contact. Notwithstanding the foregoing, the city, at its option, may, following written notice to the grantee, undertake such trimming at the grantee's expense.
(I) The grantee shall, upon reasonable notice and without expense to the city, relocate its facilities to accommodate such public works or improvements as the city shall in its judgment designate. The grantee shall, at the expense of any person holding a building moving permit issued by the city, temporarily raise, lower, or remove its wires to permit the moving of that building. In such event, the grantee shall be given not less than 7 days' advance written notice to arrange for such temporary wire changes. The grantee's estimated charges for such work shall be payable not less than 48 hours in advance.
(J) The city shall have the right to supervise or inspect all work performed by the grantee or its agents upon public ways to ensure compliance with this section. In the event such inspection reveals that the grantee has failed, in the city's judgment, to fulfill its obligations under this section, the city shall notify the grantee, in writing, of its specific deficiencies. Absent commencement of corrective action by the grantee within 48 hours of receipt of said notification, the city may undertake the necessary repairs or restorations at the grantee's expense.
(1974 Code, § 111.07) (Ord. 38-79, passed 7-16-1979)