6.17.230 Use of streets.
A. Interference with Persons and Improvements. The company’s system, poles, wires and appurtenances shall be located, erected and maintained so that none of its facilities shall endanger or interfere with the lives of persons, or interfere with any improvements the city, county or state may deem proper to make, or unnecessarily hinder or obstruct the free use of the streets, alleys, bridges, easements or public property.
B. Minimum Interference with Public Ways. All transmission and distribution structures, lines and equipment erected by the company within the city shall be so located as to cause minimum interference with the proper use of streets, alleys and other public ways and places, and 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. Undergrounding of Distribution Facilities. Underground placement of cable is the preferred method of distribution and shall be required in all areas currently receiving underground telephone and electric service. If the telephone or electric wires are placed underground in the future, the cable company must also place its wires underground. Should the city require that all utility wires be underground, the company shall be required to place its facilities underground pursuant to the same time and construction schedule adopted for other utilities.
D. Restoration to Prior Condition. In case of any disturbance of pavement, sidewalk, driveway or other surfacing, the company shall, at its own cost and expense and in a manner approved by the city, replace and restore all paving, sidewalk, driveway, landscaping or surface of any street or alley disturbed, in as good condition as before said work was commenced and in accordance with standards for such work set by the city and the Bellingham Municipal Code.
E. Erection, Removal, and Common Uses of Poles.
1. No poles or other wire holding structures shall be erected by the company 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 company shall be a vested interest, and such poles or structures shall be removed or modified by the company at its own expense whenever the city determines that the public convenience would be enhanced thereby.
2. Where poles or other wire holding structures already existing for use in serving the city are available for use by the company, but it does not make arrangements for such use, the city may require the company to use such poles and structures if it determines that the public convenience would be enhanced thereby and that the terms of the use available to the company are just and reasonable.
3. Where the city, or a public utility serving the city, desires to make use of the poles or other wire holding structures of the company, but agreement thereof with the company cannot be reached, the city may require the company to permit such use for such consideration and upon such terms as the city council shall determine to be just and reasonable, if the city council determines that the use would enhance the public convenience and would not unduly interfere with the company’s operations.
F. Relocation of the Facilities. In the event that at any time during the period of the franchise, the city, county or state shall lawfully elect to alter or change the grade of any street, alley or other public ways, the company, upon reasonable notice by the proper governmental entity, shall remove or relocate as necessary its poles, wires, cables, underground conduits, manholes and other fixtures within the public right-of-way at its own expense.
G. Cooperation with Building Movers. The company 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, and the company shall have the authority to require such payment in advance. The company shall be given not less than 48 hours’ advance notice to arrange for such temporary wire changes.
H. Tree Trimming. The company shall not remove any tree or trim any portion, either above, at or below ground level, of any tree within any public place without the prior consent of the city; provided, that the company may so remove or trim when necessary to permit immediate repair of the system in order to restore its signal so long as it gives the city notice thereof as promptly as is reasonably practical. Regardless of who performs the work requested by the company, the company shall be responsible, and shall defend and hold city harmless for any and all damages to any tree as a result of trimming, or to the land surrounding any tree, whether such tree is trimmed or removed or for any personal injury or property damage resulting from said activities. [Ord. 1998-09-075; Ord. 8999 § 23, 1981].