§ 54.80. Use of Streets and Pole Attachments.

(a)

Before commencing construction of its Private Communications System in, above, over, under, across, through or in any way connected with the streets, public ways or public places of the City, the Permittee shall first obtain the written approval of, and all other necessary permits from, all appropriate City agencies, including, but not limited to, the Bureau of Engineering, Department of Public Works. Applications for such approval shall be made in the form prescribed by the Bureau of Engineering.

(b)

Upon obtaining such written approval, the Permittee shall give the Bureau of Engineering and the appropriate agency written notice within a reasonable time of proposed construction, but in no event shall such notice be given less than ten (10) days before such commencement, except for emergency repairs of existing lines or cables.

(c)

Any person who submits a request for a Permit in accordance herewith shall include therein proposed agreements for the use of existing utility poles and conduits, if applicable, with the owner(s) of such facilities to be used or affected by the construction of the proposed Private Communications System, which agreements shall become effective on the date of execution of the Permit issued in accordance herewith in the event that such person is issued a Permit.

(d)

It shall be unlawful for the Permittee or any other person to open or otherwise disturb the surface of any street, sidewalk, driveway, public way or other public place for any purpose whatsoever without obtaining approval to do so after proceeding in the manner prescribed in subsections (a) and (b) hereof. Violation of this section shall subject the Permittee to all penalties and remedies prescribed therein and to all other remedies, legal or equitable, which are available to the City.

(e)

The Permittee shall restore any street or sidewalk it has disturbed in accordance with the provisions of the City's standard specifications for Streets and Sidewalks, and shall, at its own cost and expense, restore and replace any other property disturbed, damaged or in any way injured by or on account of its activities to as good as the condition such property was in immediately prior to the disturbance, damage or injury or pay the fair market value of such property to its owner.

(f)

The Permittee shall, at its own cost and expense, protect, support, temporarily disconnect, relocate in the same street or other public place, or remove from such street or other public place, any of its property when required to do so by the City because of street or other public excavation, construction, repair, regrading, or grading; traffic conditions; installation of sewers, drains, water pipes, City owned power or signal lines, tracts; vacation or relocation of streets or any other type of structure or improvement of a public agency, or any other type of improvement necessary for the public health, safety or welfare, or upon termination or expiration of the Permit.

(g)

Nothing in this Article or any Permit issued in accordance herewith, shall be construed as authorizing the Permittee to erect and maintain new poles in areas serviced by existing poles, if the poles are available for Permittee's cable. The Permittee shall obtain written approval from the Bureau of Engineering and other appropriate City agencies before erecting any new poles or underground conduits where none exist.

(h)

The Permittee shall maintain all wires, conduits, cables, and other real and personal property and facilities in good condition, order and repair.

(i)

The Permittee shall keep accurate, complete and current maps and records of its system and facilities which occupy the streets, public ways and public places within the City and shall furnish as soon as they are available two (2) complete copies of such maps and records, including as-built drawings, to the Bureau of Engineering, Department of Public Works.

(j)

The Permittee shall comply with all rules and regulations issued by the Department of Public Works governing the construction and installation of Private Communications Systems. In addition:

(1)

All aerial cables and wires shall be installed parallel with existing telephone and electric utility wires; and

(2)

Multiple aerial configurations shall be in parallel arrangement and bundled, in accordance with engineering and safety considerations; and

(3)

All underground installations shall be in the appropriate size and type conduit or other enclosures approved by the City Engineer; and

(4)

All installations shall be underground in those areas of the City where both telephone and electric utilities facilities are underground at the time of the installation of the Permittee's Private Communications System.

A.

In areas where both telephone and electric utilities' facilities are above ground at the time of the installation of the Permittee's Private Communications System, the permittee may install its system above ground on existing utility poles only, upon the condition that at such time as those facilities are placed underground by the telephone and electric utility companies, the Permittee shall likewise place its facilities underground at its sole cost and expense.

(5)

The Permittee upon reasonable notice by the City, shall temporarily or permanently remove, adjust, raise or lower its facilities within the right of way when the City determines that such action is needed for public use of the right of way including, but not limited to, the passage of nonstandard vehicles.

(6)

The Permittee shall obtain the written permission of the owner including the City of any tree or other vegetation before it trims or prunes the same.

(Ord. of 9-14-1987, Doc. #21481)