A. Safety Requirements. A franchise, in accordance with applicable national, state, and local safety requirements shall, at all times, employ ordinary care and shall install and maintain and use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injury, or nuisance to the public.

All structures and all lines, equipment and connections in, over, under, and upon the streets, sidewalks, alleys, and public ways or places of a franchise area, wherever situated or located, shall at all times be kept and maintained in a safe, suitable condition, and in good order and repair.

The city reserves the general right to see that the system of a franchisee is constructed and maintained in a safe condition. If a violation of the National Electrical Safety Code or other applicable regulation is found to exist by the city, the city will, after discussions with a franchisee, establish a reasonable time for a franchisee to make necessary repairs. If the repairs are not made within the established time frame, the city may make the repairs itself or have them made and collect all reasonable costs thereof from a franchisee.

B. Construction Notification. Upon application for each construction permit a franchisee will submit to the city its plan for advance notification for the proposed construction project. In the event that an emergency situation arises which precludes such advance notification, a franchisee shall subsequently inform the city of the nature of the extraordinary event and the action taken.

C. Undergrounding. In any area of the city in which telephone, electric power wires and cable have been placed underground, a franchisee shall not be permitted to erect poles or to run or suspend wires, cables or other conductors thereon, but shall lay such wires, cables or conductors underground in such manner as is required by the city. If an ordinance is passed creating a local improvement district which involves placing underground certain utilities including that of a franchisee which are then located overhead, a franchisee shall participate in such underground project and shall remove poles, cables and wires from the surface of the streets within such district and shall place the same underground in conformity with the requirements of the city’s public works director. Nothing contained in this chapter shall prohibit the franchisee from including its cost in any local improvement district if allowed under applicable law.

D. Pole Installation and Attachment—Joint Use. All poles, cables, wires, antennae, conduits or appurtenances shall be constructed and erected in a neat, workmanlike manner and shall be of such height and occupy such position as the city’s director of public works shall approve. A franchisee erecting or maintaining poles shall allow anyone constructing under the authority of this chapter and the city, joint use of its poles upon payment of a reasonable proportion of the cost of such poles installed and shall obey any order issued by the city’s director of public works relative to the joint use of poles.

E. Building Moving. Whenever a person shall have obtained permission from the city to use any street for the purpose of moving any building, a franchisee, upon seven days written notice from the city and payment in full by the permittee desiring to move the building, shall raise or remove any of the franchisee’s wires which may obstruct the removal of such building; provided, that the moving of such building shall be done in accordance with regulations and general ordinances of the city. Where more than one street is available for the moving of such building, the building shall be moved on such street as shall cause the least interference, which path of least interference shall be determined by the city’s director of public works.

F. Relocation of Facilities. A franchisee shall, unless an emergency arises, upon thirty days notice, at its own cost and expense, move any underground, surface or overhead construction which interferes with any local improvement district work or with any construction for public purposes authorized or ordered by the city, all as provided in this section.

G. Abandonment of Facilities. A franchisee accepting a franchise under the terms of this chapter for the installation of ducts, utility tunnels, vaults, manholes, poles, wires or any other appurtenance, shall remove such installation when it is no longer required or used and the city’s director of the public works department orders the removal thereof.

H. Tree Trimming. Upon approval of the city’s director of public works, a franchisee shall have the authority to trim overhanging trees upon streets, public ways and public places in the franchise area so as to prevent the branches of such trees from coming into contact with a franchisee’s wires and cables, and if necessary, to clear a microwave path. A franchisee shall be responsible for debris removal from such activities. At the option of the city, and with advance written notice to a franchisee, such debris removal may be done by the city or under its supervision and direction, with reasonable costs to be borne by a franchisee.

I. Dangerous Condition, Authority to City to Abate. Whenever a franchisee’s construction, installation or excavation of facilities authorized by this chapter has caused or contributed to a condition that appears to substantially impair the lateral support of the adjoining street or public places, streets, utilities or city property, or endangers the public, the city’s public works director may direct a franchisee, at the franchisee’s own expense, to take actions to protect the public, adjacent public places, city property or street utilities; and such action may include compliance within a prescribed time.

In the event that a franchisee fails or refuses to promptly take the actions directed by the city, or fails to fully comply with such directions, or if emergency conditions exist which require immediate action, the city may enter upon the property and take such actions as are necessary to protect the public, the adjacent streets or street utilities to maintain the lateral support thereof, or other actions regarded as necessary safety precautions; and a franchisee shall be liable to the city for the costs thereof.

J. Restoration of Streets. After construction, installation, maintenance or repair of the facilities authorized by this chapter or any permit obtained by virtue of a franchise granted under this chapter, a franchisee shall leave all streets, avenues, highways or public places in as good and safe condition in all respects as they were before the commencement of such work by a franchisee. The city’s public works director shall have final approval of the condition of such streets and public places after completion of construction.

K. City Fees. Franchisee shall pay all fees and assessments of general applicability imposed by the city for permits, licenses, inspections and other construction activities as provided by applicable law. (Ord. 2346 § 1, 1995)