729.10  CONDITIONS OF STREET OCCUPANCY.
   (a)    All transmission and distribution structures, lines and equipment erected by the company within the City shall be so located as to cause a minimum interference with the right or reasonable convenience of property owners who adjoin any of the streets, alleys or other public ways and places.
   (b)    In case of any disturbance of pavement, sidewalk, driveway or other surfaces, the company shall, at its own cost and expense, and in a manner approved by the City, replace and restore all paving, sidewalk, driveway or surface of any street or alley disturbed, in as good condition as before such work was commenced.
   (c)    In the event at any time during the period of the franchise, the City shall lawfully elect to alter or change the grade of any street, alley or other public ways, the company upon reasonable notice by the City, shall remove, reset and relocate its poles, wires, cables, underground circuits, manholes and other fixtures at its own expense.
   (d)    The company shall not place poles or other fixtures where the same will interfere with any gas, electric or telephone fixtures, water hydrants or mains and all such poles or other fixtures placed in any street shall be placed at the outer edge of the sidewalk and inside the curb line, or as otherwise designated by the City, and in such a manner as not to interfere with the usual travel on such streets, alleys and public ways. The company shall, prior to the erection of any poles or structures in the streets of the City, have approval, of both the location and type of structure to be erected, from the City. The company shall, prior to the stringing of any wires across any roads, streets or avenues in the City, either overhead or underground, receive the approval from the City as to the location of any such installation.
   (e)    The company shall, on the request of any person holding a building moving permit issued by the City, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal, raising or lowering shall be paid by the person requesting the same, and the company shall have the authority to require such payment in advance. The company shall be given not less than forty-eight hours advance notice to arrange for such temporary wire changes.
   (f)    The company shall have the authority to trim trees overhanging upon the streets, alleys, sidewalks and public places of the City so as to prevent the branches of such trees from coming in contact with the wires and cables of the company. All such trimming shall be done under the supervision and direction of the City and at the expense of the company.
   (g)    In areas of the City having telephone lines and electric utility lines underground, whether required by ordinance or not, the CATV franchisee's lines, cables and wires shall also be underground. It shall be the policy of the City that existing poles for electric and communication purposes shall be utilized wherever possible, and that underground installation, even when not required, is preferable to the placing of additional poles.
   (h)    Each CATV franchisee's distribution system in the public streets shall comply with all applicable laws, regulations and ordinances, and all its wires and cables suspended from poles in the streets shall comply with the minimum clearances above ground required for telephone lines, cables, wires and conduits.
   (i)    Any opening or obstructions in, or disturbances of the streets, public ways or other Municipal properties, made by the franchisee in the exercise of its rights under the franchise agreement, shall be guarded and protected at all times by the placement of adequate barriers, fences or boardings, the bounds of which during periods of dusk and darkness shall be clearly designated by adequate warning lights, all by the franchisee at its expense.
(Ord. 1980-88. Passed 4-15-80.)