§ 78-302. Use of streets.

(a)

Any pavements, sidewalks, curbing or other paved area taken up or any excavations made by a franchisee shall be done under the direction of the city under permits issued for work by the proper officials of the city, and shall be done in such manner as to give the least inconvenience to the inhabitants of the city. A franchisee shall, at its own cost and expense, and in a manner approved by the city, replace and restore any such pavements, sidewalks, curbing or other paved areas in as good a condition as before the work involving such disturbance was done, and shall also make and keep full and complete plats, maps and records showing the exact locations of its facilities located within the public streets, ways, and easements of the city.

(b)

Except to the extent required by law, a franchisee shall, at its expense, protect, support, temporarily disconnect, relocate, or remove, any of its property when required by the city by reason of traffic conditions, public safety, street construction, street resurfacing or widening, change of street grade, installation or sewers, drains, water pipes, power lines, signal lines, tracks, or any other type of municipal or public utility improvements; provided, however, that the franchisee shall, in all such cases, have the privilege of abandoning any property in place.

(c)

A franchisee 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 or raising or lowering of wires shall be paid by the person requesting same, and the franchisee shall have the authority to require such payment in advance, except in the case where the requesting person is the city, in which case no such payment shall be required. The franchisee shall be given not less than five calendar days' advance notice to arrange for such temporary wire changes.

(d)

A franchisee shall have the authority to trim the trees or other natural growth upon and overhanging the streets so as to prevent the branches of such trees from coming in contact with the wires, cables and other equipment of the franchisee, except that, at the option of the city, such trimming may be done by it or under its supervision and direction at the expense of the franchisee.

(e)

A franchisee shall use, with the owner's permission, existing underground conduits or overhead utility facilities whenever feasible. Copies of agreements for use of conduits or other facilities shall be filed with the city as required by the franchise agreement or upon city request.

(f)

All wires, cable lines, and other transmission lines, equipment and structures shall be installed and located to cause minimum interference with the rights and convenience of property owners. The city may issue such rules and regulations concerning the installation and maintenance of a cable system installed in, on, or over the streets, as may be consistent with this article and the franchise agreement.

(g)

All safety practices required by law shall be used during construction, maintenance and repair of a cable system. A franchisee shall not place facilities, equipment or fixtures where they will interfere with any gas, electric, telephone, water, sewer or other utility facilities, or obstruct or hinder in any manner the various utilities serving the residents of the city of their use of any street or any other public rights-of-way.

(h)

A franchisee shall, at all times:

(1)

Install and maintain its wires, cables, fixtures and other equipment in accordance with the requirements of the city's building code and electrical safety ordinances and any other applicable building or electrical safety code, and in such manner that they will not interfere with any installations of the city.

(2)

Keep and maintain in a safe, suitable, substantial condition, and in good order and repair, all structures, lines, equipment, and connections in, over, under, and upon the streets, sidewalks, alleys, and public ways or places of the city, wherever situated or located.

(i)

On streets where both electrical and telephone utility wiring are located underground, either at the time of initial construction of a cable system or at any time thereafter, a franchisee's cable shall also be located underground at the franchisee's expense. Between a street and a subscriber's residence, a franchisee's cable must be located underground if both electrical and telephone utility wiring are located underground. If either electric or telephone utility wiring is aerial, a franchisee may install aerial cable except where a property owner or resident requests underground installation and agrees to bear the additional cost of such installation over and above the cost of aerial installation.

(j)

In the event the use of any part of a cable system is discontinued for any reason so as to result in franchisee's failure to provide service to any portion of its franchise area for a continuous period of 12 months, or in the event such system or property has been installed in any street without complying with the requirements of this article or a franchise agreement, or the franchise has been terminated, canceled or expired, the franchisee, within 30 days after written notice by the city, shall commence removal from the streets of all such property as the city may require.

(k)

The city may extend the time for the removal of franchisee's equipment and facilities for a period not to exceed 180 days, and, thereafter, such equipment and facilities may be deemed abandoned.

(l)

In the event of such removal or abandonment, the franchisee shall restore the area to as good a condition as prior to such removal or abandonment.

(Ord. No. 3806-04, § I, 10-25-2004)