§ 16-26. Poles and wires not to interfere with city use of streets.

(a)

The franchisee's transmission and distribution system poles, wires and appurtenances shall be located, erected, and maintained so as not to endanger or interfere with the lives of persons or the use of city streets, or to interfere with existing and/or new improvements the city may deem proper to make, or to unnecessarily hinder or obstruct the free use of the streets, alleys, bridges, or other public property by the city and its citizens. The franchisee will, at the request of the city, move and relocate, if necessary, any of the franchisee's installation, including removal of poles to avoid such interference at the franchisee's expense. The city is the sole judge as to what constitutes interference. Approval of all construction sites and routes must be secured from the city public works director and the mayor and city council prior to re-erection of any transmission or distribution facilities. Any change in the location of these facilities shall also be subject to prior approval by the city public works director and the mayor and city council. Construction and maintenance of the transmission and/or distribution system, including house connections, shall be in accordance with the provisions of the National Electric Safety Code, as amended, prepared by the National Bureau of Standards, the National Electric Code of the National Board of Fire Underwriters, as amended, and such applicable ordinances and regulations of the city, affecting electrical installations, which may be presently in effect, or changed by future ordinances.

(b)

The franchisee shall, on the request of any private party holding on appropriate permit issued by the city, temporarily raise or lower its lines to permit the moving of any building or other structure, and the actual expense of the same shall be paid by the requesting party.

(c)

Installation and house drop hardware shall be uniform throughout the city, except that the franchisee shall be free to change its hardware and installation procedure as the state of the art progresses. This provision will not require the franchisee to modify any installation already made unless other changes in the system made by the franchisee cause inferior reception in the areas already installed.

(d)

In those areas where telephone and electric service lines are underground, or where the franchisee is unable to make arrangements for the use of existing utility poles, the franchisee shall place its cables and service lines underground unless approval to place the cable and service lines on poles is secured from the mayor and city council. The franchisee is authorized to place all cables and service lines underground in areas where poles are located.

(Code 1985, § 4-408; Ord. of 4-6-1981)