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(a) The licensee or franchisee shall first obtain the written approval of the city engineer prior to commencing construction on the streets and public places of the city. Approval shall be in accordance with relevant Charter and Code provisions and administrative regulations, which approval shall not be unreasonably withheld. The licensee or franchisee shall notify the city at least ten (10) days prior to the commencement of any construction in any streets.
(b) The licensee or franchisee shall not open or disturb the surface of any street or public place for any purpose without first having obtained a permit to do so in the manner provided by law. All excavation shall be coordinated with other utility excavation or construction so as to minimize disruption to the public. Licenses or franchises hereunder shall join and participate in the local blue stake center.
(c) Use of existing poles or conduits.
(1) The licensee or franchisee shall utilize existing poles, conduits and other facilities whenever possible and shall not construct or install any new, different or additional above- ground poles, conduits or other facilities whether on public property or on privately owned property, unless the erection of new poles is authorized by the city manager or the city manager's designee. Nothing in this section shall prohibit the replacement of existing poles or the addition of poles on existing above-ground routes where engineering concerns mandate the addition of new poles to accommodate the licensee's/franchisee's facilities.
(2) The facilities of the licensee or franchisee shall be installed underground in those areas of the city where existing telephone and electric services are both underground at the time of construction by the licensee or franchisee. In areas where either telephone or electric utility facilities are installed aerially at the time of system construction, the licensee or franchisee may install its facilities aerially; however, at such time as the existing aerial facilities are placed underground, the licensee or franchisee shall likewise place its facilities underground at sole cost to the licensee or franchisee.
(d) All transmission and distribution structures, lines and equipment erected by the licensee or franchisee shall be located so as to cause minimum interference with the unencumbered use of streets and other public places and minimum interference with the rights and reasonable convenience of property owners who adjoin any of the streets and public places.
(e) The licensee or franchisee shall at its own expense repair, to the satisfaction of the city, all city-owned water lines, storm and sanitary sewer lines, service lines, water meters, streets, sidewalks, curbs, gutters, or other property of the city damaged by any of the operations of the licensee or franchisee, its contractors, subcontractors, employees, agents or assigns engaged in pursuant to its license or franchise. In case of disturbance or damage caused by the licensee or franchisee to any street or public place, the licensee or franchisee shall, at its own cost and expense and in the manner approved by the city, replace and restore such street or public place in as good a condition as before the work performed by the licensee or franchisee which caused such disturbance or damage.
(f) At any time during the period of the license or franchise, the licensee or franchisee shall, at its own expense, protect, support, temporarily disconnect, relocate or remove any of its property when, in the opinion of the city, the same is required by reason of traffic conditions, public safety, street vacation, freeway or street construction, alteration to or establishment of any street, sidewalk or other public place, installation of sewers, drains, waterlines, power lines, traffic signal lines or transportation facilities.
(g) The licensee or franchisee shall, on request of any person holding a permit to move a building, temporarily remove, raise or lower its wires to permit the movement of such buildings. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting the same, and the licensee or franchisee shall have the authority to require such payment in advance. The licensee or franchisee shall be given not less than five (5) days' advance notice to arrange such temporary wire alterations.
(h) Whenever, in case of fire or other emergency, it becomes necessary in the judgment of the city manager, police chief, fire chief, or their delegates, to remove or damage any of the licensee or franchisee's facilities, no charge shall be made by the licensee or franchisee against the city for restoration and repair.
(i) The licensee or franchisee 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 supervision and direction by the city. Trimming of trees or private property shall require written consent of the property owner.
(j) Protection of facilities. Nothing contained in this Section shall relieve any person from liability arising out of the failure to exercise reasonable care to avoid damaging the licensee or franchisee's facilities while performing any work connected with grading, regrading or changing the line of any street or public place or the construction or reconstruction of any sewer or water system.
(k) Notice of city improvements. The city shall provide the licensee or franchisee with reasonable notice of plans for street or other public improvements where paving or resurfacing of a permanent nature is involved. The notice shall contain the nature and character of the improvements, the streets upon which the improvements are to be made, the extent of the improvements and the work schedule for the project. The notice shall give the licensee or franchisee sufficient time to make any additions, alterations, modifications or repairs to its facilities as the licensee or franchisee deems necessary in advance of the commencement of the work, so as to permit the licensee or franchisee to maintain continuity of service.
(l) The licensee or franchisee, in conjunction with the requirements of a city project, shall at its sole expense make such relocations of its facilities within city rights-of-way or take other steps as may be necessary to facilitate any city project. Such relocations shall be under the same terms and conditions as a new installation pursuant to this chapter.
(Ord. No. 8522, § 1, 6-12-95; Ord. No. 8545, § 3, 7-10-95)