§ 4.28.08. Conditions on street occupancy.

A.

Use. The company, with the consent of the city, shall have the right to determine the number and location of all transmission and distribution structures, lines, and equipment for the proper operation of the system on the public ways, and the company shall locate such system as is reasonable under the particular circumstances to cause minimum interference with the proper use of public ways. The city shall not grant any request for any use or occupancy of public ways in proximity to the system that would conflict with the company's use or occupancy herein permitted or take an action that is violative of this franchise that would be inconsistent or adverse to the franchisee's use or occupancy of the system.

B.

Restoration. In case of any disturbance by the company of pavement, sidewalk, driveway, or other surfacing of the city, the company shall at its own cost and expense, replace and restore all sidewalk, driveway or surface of any street or alley disturbed, to as reasonably good a condition as before said work was commenced.

C.

Relocation. The city reserves the right to perform any necessary public works or make any necessary public improvements to the city's rights-of-way or airways (to the extent airways are related to facilities attached to or between poles) during the term of this agreement. If, as a result of any action by the city, or by any action authorized by the city for the benefit of the public good, relocation of any of the company's conduit or other facilities is required such relocation shall be accomplished at the sole expense of the company, provided that the company shall not be liable for the payment of any expense incurred by it in the event the company is required to adjust or bury its facilities where such alteration is made necessary by an act of the city in its proprietary, non-governmental capacity or due to actions of a third party.

Nothing in this franchise shall be deemed a waiver of the city's right to require the company to comply with all applicable zoning and other applicable regulatory ordinances or to pay any reasonable permit fees or to seek appropriate authorizations from the company to perform any work in connection with the franchise. Should the city close, eliminate, or discontinue use of any public street during the term of this franchise, or any renewal term, this franchise shall cease with respect to such streets upon the date of final action by the city with respect to the closure, elimination or discontinuance of such streets.

D.

Quality. All work involved in the construction, operation, maintenance, repair, upgrade, and removal of the network that is permitted by this franchise shall be performed in a safe, thorough, reliable manner using materials of good and durable quality in accordance with generally accepted construction standards. If, at any time, it is determined by the city that any part of the network is harmful to the health or safety of any person then the company shall at its own cost and expense, promptly correct all such conditions after receipt of written notice of such determination by the city. For purposes of this subsection, "promptly" shall mean within thirty (30) days or such time as approved in writing by the director of public works or mayor. In case of an emergency, "promptly" shall mean within twenty-four (24) hours, or a longer period of time if and only if additional time is granted in writing by the director of public works or mayor.

E.

New construction and extension of facilities. Before the company constructs new network facilities or extends existing network facilities, or before it uses network facilities that were in existence in the city prior to the effective date of this agreement, the company shall, as reasonably possible, provide to the city's public works director its network location data in conformance with the city's standards. The city shall be notified of any extension of the network, construction, or other preparation for the extension of conduit or any facilities within public rights-of-way (not including lateral connections under sidewalks that do not interfere with the normal flow of traffic on the city streets or public rights-of-way for which permits have been issued).

F.

Temporary removal of wire for building moving. 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 of wires shall be paid by the person requesting the same, except where the person is the city, and the company shall have the authority to require such payment in advance. The company shall be given not less than forty-eight (48) hours advance notice to arrange for such temporary wire changes unless there is an emergency.

G.

Utility pole and use rental. The company shall have the right to use utility poles erected by the city upon obtaining prior permission from the city manager or mayor of the city, or her or his designate.

H.

Tree trimming. The company may trim trees upon and overhanging the public ways as to prevent the branches of the trees from coming in contact with the wires, cables or facilities of the company.

( Ord. No. 2015-42 , § 8, 11-17-2015)