13.15.140 Location of facilities.
Franchise facilities shall be constructed, installed, and located in accordance with the following terms and conditions:
A. Facilities shall be located, erected and maintained so as not to endanger or interfere with the lives of persons, or interfere with any existing improvements or unnecessarily hinder or obstruct the free use of the right-of-way.
B. Facilities shall be located so as to cause minimum interference with the proper use of streets, alleys and other public ways and places, and so as to cause minimum interference with the rights or reasonable convenience of property owners who are adjacent to any of the said streets, alleys or other public ways and places.
C. Underground placement of cable, wires, and conduit is the preferred method of distribution and shall be required in all areas currently receiving underground telephone and electric service. If facilities of any person subject to this chapter are required to be placed underground in the future, others subject to this chapter (including those previously permitted) shall likewise place their facilities underground within a reasonable period of time specified by the city.
D. Wherever possible, location or relocation of facilities shall be accomplished concurrently with other users of the right-of-way in order to minimize disruption. Facilities shall be installed within an existing underground duct or conduit whenever capacity permits. Whenever new facilities will exhaust the capacity of a public street, right-of-way, or utility easement to accommodate future facilities, a person subject to this chapter shall provide additional ducts, conduits, manholes, and other facilities for nondiscriminatory access by future franchisees.
E. Erection, Removal and Common Uses of Poles.
1. No poles or other wire holding structures shall be erected within the public right-of-way without prior approval of the city with regard to the location, height, types, and any other pertinent aspect of such structures. However, no location of any pole or wire holding structure of the franchisee shall be a vested interest, and such poles or structures shall be removed or modified by the franchisee at its own expense whenever the city determines that the public convenience would be enhanced thereby.
2. Where the city or a person subject to this chapter desires to make use of the poles or other wire holding structures of one or more other persons subject to this chapter, but agreement thereof among such parties cannot be reached, the city may require the person whose structures are sought to be used to permit use by another for such consideration and upon such terms as the director shall determine to be just and reasonable, if the director determines that: (a) the use would enhance the public convenience; (b) the use would not unduly interfere with the operations of the person whose structures are sought to be used; and (c) such requirement by the city is permitted under applicable law.
F. A person subject to this chapter 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, raising or lowering of wires shall be paid by the person requesting the same. The person subject to this chapter shall have the authority to require such payment in advance and shall be given not less than 48 hours’ advance notice to arrange for such temporary wire changes.
G. Each person subject to this chapter is required to provide the city by March 31st of each year a schedule of its proposed construction activities for that year which may affect the right-of-way. All such persons shall cooperate to the extent reasonably required by the city with other users of the right-of-way and with the city to coordinate construction activities. [Ord. 2018-09-015 § 1].