[Adopted as Title 10, Ch. 10.08, of the 1986 Code]
A. 
The City Council may authorize any utility company to construct and maintain underground conduits, cables and wires for the conduct of its business in such of the streets of the City or in such of the public properties of the City as the City Council may deem advisable, and to construct therein and maintain the necessary manholes and house connections; also to erect and maintain distributing poles at the termini of such conduits and at suitable distributing points.
B. 
Upon authorization of any such construction on vegetated public properties, the City Council shall notify, by copy of such authorization, the City Forester, who shall advise and give supervision to such construction and who shall cause to have the disturbed public properties restored by the utility company causing such disturbance.
C. 
All of the above shall be done in accordance with the regulations provided in this article and subject to such ordinances in addition to or in amendment of this article as may hereafter be passed.
A. 
The conduits shall be of suitable kind and construction such as the City Council shall approve, and the work shall be done in a thorough manner, and to the approval of the Director of Public Works and the City Forester as provided in § 338-23.
B. 
The distributing and other poles shall be of such height and other dimensions, and of such form and material, and so located as to be satisfactory to the City Council and shall be subject to its approval or the approval of any person whom it may select.
When an opening is made in a street for the purpose of laying, repairing or removing wires or conduits or erecting or removing distributing or other poles, the portion of the street so opened shall be restored by such company to a condition satisfactory to the Director of Public Works, and shall be kept by such company in such condition for one year thereafter; and if it is not so restored and maintained by such company, such Director may cause the same to be done at the expense of such company.
In laying, repairing or removing its wires or conduits, no such company shall disturb or in any way interfere with the wires of any other utility company or any gas or water pipes or sewers or pipes connected therewith.
In case the City finds it necessary to construct or enlarge sewers or other public works in streets or areas where conduits are laid, which shall require changing the location of such conduits, such changing shall be at the expense of the company owning the conduits, which shall forthwith carry out the same.
Such company shall commence the work contemplated by any authority granted to it within six months from the granting of the authority, unless restrained by process of law, and shall continue the work with reasonable diligence until suitable conduits have been laid in the location designated in its application for authority, and duly granted by the Mayor and City Council.
No such company shall remove its conduits unless permitted to do so by the City Council.
Such company shall remove its conduits to other suitable locations whenever ordered to do so by the City Council.
No permit shall be granted, or if granted shall be valid, to disturb the surface of a street for any of the purposes mentioned in this article until such company has executed an agreement in a form satisfactory to and approved by the Mayor, provided:
A. 
Space for City wires; access for handling. In every underground conduit constructed by such company, sufficient and necessary space shall be reserved and maintained, free of charge, for the use of the fire, police and other signal wires belonging to the City and used exclusively for municipal purposes, and the Fire and Police Departments, by their electrical superintendents, shall be allowed access to such conduits at all times. Such departments shall be allowed facilities and privileges in putting in or taking out wires equal in all respects to those of such telephone company.
B. 
Indemnity against damages. Such company will indemnify and save harmless the City against all damages, costs and expenses whatsoever to which the City may be subject in consequence of the acts or neglect of such company, its agents or servants, or in any manner arising from the rights and privileges granted it by the City.
C. 
Bond. In addition to the agreement mentioned in this article, such company shall, before a street is disturbed for the laying of its wires or conduits, execute a bond with surety or sureties, to be approved in writing by the Mayor, or in a penal sum of not less than $10,000, conditioned to fulfill all its agreements with the City and its duties under this article, and a new bond of like import may at any time be required by the Mayor and Council, which new bond shall be a strengthening bond unless the surety or sureties on former bonds are expressly released from further liability by vote of the City Council.
D. 
Installation and removal of wires. The company will, as soon as a conduit is constructed, remove thereto such wires as it is intended to accommodate, and remove all wires from any conduit for which the license to use has been revoked by the Mayor and Council.
E. 
Compliance with orders. The company will at once comply with any changes in its conduits, manholes or poles that the Mayor and Council may, after hearing duly appointed, order.
Any authority granted by the Mayor and City Council may, after notice and hearing, be revoked and altered at any time without liability on the part of the City therefor; but in case any location in any street is revoked, a substitute location in some other street that will, in the opinion of the Mayor and City Council, accommodate the service shall be granted.