753.04 DESIGN PROVISIONS.

   (a)   Interconnection. To the extent applicable, each provider shall design its system 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 provider shall not erect any pole on or along any street in an existing aerial utility system except in accordance with Section 753.03 (a). The provider shall exercise its best efforts to negotiate the lease of pole space and facilities from the existing pole owners for all aerial construction. Each provider shall cooperate with each other provider, 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)   The City’s Right of Way Ordinance: The provider must comply with all applicable requirements of Chapter 902 of the City codes pertaining to the use of the Citys Rights of Way; provided, however, that the provider shall be entitled to setoff from any fees required under Chapter 902 dollar for dollar all fees paid to the City under a franchise agreement for a cable system or agreement for a competitive video system.

   (d)   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)   Nothing contained in this chapter shall relieve any person from liability arising out of the failure to exercise reasonable care to avoid injuring the provider's facilities while performing any work connected with grading, regrading, or changing the line of any street or public place or with the construction or reconstruction of any sewer or water system.

      (3)   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.

   (e)   Reserved. 

   (f)   Movement of Facilities. In the event it is necessary temporarily to move or remove any of the provider'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 provider, the provider 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 provider's wires, cables, poles or other facilities results in temporary service disruptions.

(Ord. 30-07. Passed 4-3-07.)