§ 50-163. Construction standards.

(a)

The grantee shall not open or disturb the surface of any streets or public property without first obtaining a permit from the city for which permit the city may impose a reasonable permit fee to be paid by the grantee. The line, conduits, cables and other property placed in the streets, and public property pursuant to such permit shall be located in such part of the street or public property as shall be determined by the city. The grantee, upon completion of any work requiring the opening of any streets or public property, shall restore the same including the pavement and its foundations to as good a condition as formerly and in a manner and quality approved by the city, and shall exercise reasonable care to maintain the same thereafter in good condition. Such work shall be performed with diligence and due care, and if the grantee shall fail to perform the work promptly, to remove all dirt and rubbish and to put the street or public property back into the condition required hereby, the city shall have the right to put the streets or public property back into such condition at the expense of the grantee. The grantee shall, upon demand, pay to city the cost of such work done.

(b)

All wires, conduits, cable and other property and facilities of the grantee shall be so located, constructed, installed and maintained as not to endanger or unnecessarily interfere with the usual and customary trade, traffic, and travel upon, or other use of, the streets and public property of the city. The grantee shall keep and maintain all of its property in good condition, order and repair so that the same shall not menace or endanger the life or property of any person. The city shall have the right to inspect and examine at all reasonable times and upon reasonable notice the property owned or used, in part or in whole, by the grantee. The grantee shall keep accurate maps and records of all of its wires, conduits, cables and other property and facilities located, constructed and maintained in the city. Further, the grantee shall furnish copies of such maps and records from time to time as requested by the city without charge.

(c)

All wires, conduits, cables and other property and facilities of the grantee shall be constructed and installed in an orderly and workmanlike manner. All wires, conduits and cables shall be installed, where possible, parallel with electric and telephone lines. Multiple cable configurations shall be arranged in parallel and bundled with due respect for engineering considerations.

(d)

The grantee shall at all times comply with the following codes, rules, regulations, as amended, and any others supplemental to or in substitution thereof:

(1)

National Electric Safety Code (National Bureau of Standards).

(2)

National Electrical Code (National Bureau of Fire Underwriters).

(3)

Bell System Code of Pole Line Construction.

(4)

Applicable FCC and other applicable federal, state and local regulations and ordinances.

In any event, the installation, operation or maintenance of the system shall not endanger or interfere with the safety of persons or property in the city.

(e)

Whenever the city shall undertake any public improvement which affects the grantee's equipment or facilities, the city may, with due regard to reasonable working conditions and with reasonable notice, direct the grantee to remove or relocate wires, conduits, cables and other property located in streets, or public property. The grantee shall relocate or protect its wires, conduits, cables and other property at its own expense.

(f)

The grantee's plans for constructing its system, and the construction of the system, shall be in accordance with its proposal as modified by the franchise agreement. However, the grantee shall comply with the following minimum requirements:

(1)

The grantee shall construct underground in any area where both electrical and telephone lines have been installed underground.

(2)

The grantee shall change from aerial to underground, at its own expense, in any area where both the telephone and electric utilities are hereafter changed from aerial to underground.

(3)

To enable the grantee reasonable opportunity to change its wiring from aerial to underground, and also to allow it to prewire all new subdivisions or new development areas, the city shall provide the grantee with written notice of the following (but without liability for failure to provide such notice):

a.

Any underground trenching that may be pending.

b.

All ordinance changes affecting the wiring of the system.

(g)

The grantee shall, upon completion of any work on private property (or easements thereon), restore the same including any and all landscape features, plantings, turf, buildings, pipes, and wires (overhead and underground), pavements, sidewalks, foundations or other features whatsoever, to as good a condition as existed before construction.

(h)

The grantee prior to construction shall make a record of all underground construction and other specially designated areas as set forth in the franchise agreement. Such records shall be preserved for three years after completion of the applicable construction.

(Ord. No. 1998-05, 9-28-1998; Code 1982, § 7.15-35)