Street occupancy

(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 the public way or on privately owned property, until the written approval of the appropriate governmental authority and, if necessary, of the property owner is obtained, which approval shall not be unreasonably withheld by the municipality. 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 city or other governmental authority determines that the public convenience would be enhanced thereby.

(b)

Where the city or a public utility serving the city desires to make use of the poles or other wire-holding structures of the grantee but agreement therefor with the grantee cannot be reached, the city may require the grantee to permit such use for consideration and upon such terms as the city shall determine to be just and reasonable, if the city determines that the use would enhance the public convenience and would not unduly interfere with the grantee's operations.

(c)

All transmission lines, equipment and structures shall be so installed and located as to cause minimum interference with the rights and appearance and reasonable convenience of the property owners who adjoin on any public way and at all times shall be kept and maintained in a safe, adequate and substantial condition, and in good order and repair. The grantee shall at all times employ reasonable care and shall install and maintain in use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, 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 the public way.

(d)

The grantee shall remove, replace or modify, at its own expense, the installation of any of its facilities as may be deemed necessary by the city or other appropriate governmental authority to meet its proper responsibilities.

(e)

All installations shall be underground in those areas of the city where public utilities providing both telephone and electric service are underground at the time of installation. In areas where either telephone or electric utility facilities are aboveground at the time of installation, the grantee may install its service aboveground; provided that at such time as those facilities are required to be placed underground by the city or are placed underground, the grantee shall likewise place its services underground without additional cost to the city or to the individual subscriber so served within the city. If the facilities of either the electric or the telephone utility are aerial, the cable television facilities may be located underground at the request of a property owner; provided that the excess cost over aerial location shall be borne by the property owner making the request.

(f)

In the event of disturbance of any public way or private property by the grantee, it shall, at its own expense and in a manner approved by the city or other appropriate governmental authority and the owner, replace and restore such public way or private property in as good condition as before the work causing such disturbance was done. If the grantee fails to perform the replacement or restoration, the city or the owner shall have the right to do so at the sole expense of the grantee. Demand for payment to the city or owner for the replacement or restoring of such roads or private property as may have been disturbed must be in writing to the grantee.

(g)

Whenever, in case of fire or other disaster, it becomes necessary, in the judgment of the city, to remove or damage any of the grantee's facilities, no charge shall be made by the grantee against the city for restoration and repair.

(h)

At the request of any person holding a valid building moving permit issued by the city or other appropriate governmental authority and upon at least forty-eight (48) hours' notice, the grantee shall temporarily raise, lower or cut its wires as may be necessary to facilitate the move. The direct expense of the temporary changes, including standby time, shall be paid by the permit holder, and grantee shall have the authority to require payment in advance.

(i)

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 city or other appropriate governmental authority. If the grantee fails to trim trees on public property and the failure causes damage or injury to any property or person, the grantee shall indemnify, hold harmless, and defend the city for any liability resulting from such damage or injury. The grantee may contract for such services; provided that any firm or individual so retained shall receive city approval prior to commencing such activity.

(Code 1971, § 52-67; Ord. No. 7864-A, § 1(Art. VI, § 7), 1-28-82)