Except as otherwise required by state law or rule and absent a franchise agreement with the city to the contrary, any person providing electric service within the corporate limits of the city pursuant to a certificate or other authorization issued by a state regulatory authority or using the roads, streets, alleys and public property in the city for the installation, maintenance, and operation of electric facilities shall comply with the National Electrical Safety Code, the National Electrical Code, and the requirements of this division, but in the event of a conflict between the three, then the strictest requirement shall apply.
(Ordinance 98-06, sec. 1, adopted 1/13/98)
On the written, reasonable request of any responsible person, firm, corporation, governmental authority, city official or employee, the utility shall relocate, raise or lower its wires, where located on, in, under or over the streets, alleys and other public ways of the city, temporarily, to permit construction work in the vicinity thereof, or to permit the moving of houses or other bulky structures. The expense of such temporary relocation, raising or lowering of such wires shall be paid by the benefited party or parties, and the utility may require such payment in advance, being without obligation to remove, raise or lower its wires until such payment shall be made; provided, however, that no such payment shall be required of the city or a city-owned utility. The utility shall be given not less than seventy-two (72) hours’ prior written notice to arrange for such temporary wire changes.
(Ordinance 98-06, sec. 2, adopted 1/13/98)
(a) 
To the extent allowed by state law, the installation of facilities within the streets or other public rights-of-way of the city, the location and routes of all poles, stubs, guys, anchors, lines, conduits, underground ductlines, manholes, and cables placed and constructed, and to be placed and constructed, by the utility in the construction and maintenance of its electrical lighting and power system in, within, through, upon or under the streets, alleys or other public rights-of-way of the city shall be subject to reasonable and proper regulation, control and direction by the city, or by the city official to whom such duties have been or may be delegated. Except for routine maintenance and repairs of existing facilities, the utility shall furnish proposed routings of installations in advance of installation to, and obtain the approval of, city’s designated representative. All poles, guys or anchors erected by the utility shall be so set that they will not cause diversion of surface waters in any gutter or drain so as to cause damage to adjoining property, and so that the same will interfere as little as practicable with ordinary travel on the streets, sidewalks and other public rights-of-way of the city. The regulation and control herein reserved shall include, but not by way of limitation, the right of the city to require the utility, at the utility’s expense, to relocate its poles, lines or conduits so as to permit the following activities undertaken by the city on its behalf:
(1) 
The widening or straightening of any street or alley located within the city;
(2) 
The closing, opening or relocation of any street or alley within the city;
(3) 
The location or relocation of any water or sewer lines within the city;
(4) 
The changing of grade of any street, alley, curb or sidewalk within the city;
(5) 
The construction and maintenance of parks and other public improvements owned by the city and located within the city;
(6) 
The construction of facilities by a city-owned utility.
(b) 
In all cases where the utility is required to relocate, change the route of, or the position of, the poles, lines, or conduits, the city shall give at least thirty (30) days’ advance written notice to the utility specifying the new location, route, or position of the poles, lines, or conduits involved; provided, however, that the utility shall be entitled to be paid for its costs and expenses for any relocation, raising or lowering of its wires, required by the city, pursuant to this section, only if such expenses or costs are reimbursable or payable to the utility or the city by the state, the United States or any governmental agency or subdivision of either, whether directly or indirectly. Nothing herein shall impose any obligation on the city to pay such costs and expenses except to the extent it actually receives funds from the United States, state, or any governmental agency or subdivision of either, for the reimbursement or payment of same.
(Ordinance 98-06, sec. 3, adopted 1/13/98)
The extent allowed by state law, the city grants to the utility the right and privilege to take up pavements and sidewalks, if any, in, upon, under, and across said streets, alleys, avenues, highways and other public ways in the city for the purpose of making such excavation and installation as may be necessary. The utility shall not take up or excavate any pavement at any time without first securing the written permission of the city’s designated representative. Further, all excavations and installations so made shall be performed in such a manner as will cause the least reasonable inconvenience to the public, and shall ensure public safety, including, but not limited to, using safety barriers or temporary fencing around excavation and construction areas; and the utility shall promptly restore or cause to be restored to as good a condition as existed before the work was undertaken, all such pavements and sidewalks, streets, alleys, avenues, highways or other public places in the city to the reasonable satisfaction of the city’s designated representative. If weather or other conditions do not permit the complete restoration required by this section, the utility may, with the approval of the city, temporarily restore the affected public ways or property, provided that the temporary restoration is at the utility’s sole expense, and provided further that the utility promptly undertakes and completes the required permanent restoration when the weather or other conditions no longer prevent permanent restoration. Upon the request of the city, the utility shall restore the public ways or property to a better condition than existed before the work was undertaken, provided the city shall bear any additional costs of the improved restoration. If the utility fails to promptly restore the public ways or property as required by this section, the city may, upon giving fourteen (14) days’ written notice to the utility, restore the public ways or property or remove the obstruction at the expense of the utility.
(Ordinance 98-06, sec. 4, adopted 1/13/98)
If any of the facilities installed by the utility shall be in any respect damaged or injured by the city or any of its officers, agents, representatives or employees in connection with the performance of any work or repairs that may be done upon the streets, avenues, alleys, public places and other public ways of the city, the utility shall not be entitled to prosecute or maintain a claim and hereby waives same against the city for any such damage or injury sustained by it, except where such damages are the result of willful acts of the officers, agents, representatives or employees of the city, and said right by the utility is hereby waived.
(Ordinance 98-06, sec. 5, adopted 1/13/98)
The city, by the enactment of this division, does not surrender or to any extent lose, waive, imperil or lessen the lawful powers and rights now or hereafter vested in the city under the constitution and statutes of the state and under the charter of the city to regulate the rates and services of the utility. Notwithstanding anything contained in this division to the contrary, all work done in connection with the construction, repair, maintenance and operation of all facilities of the utility is subject to the continuing police power of the city. The utility shall comply with all present and future laws, ordinances and regulations, except such as conflict with any provisions hereof lawfully surrendering the city’s authority.
(Ordinance 98-06, sec. 6, adopted 1/13/98)
It shall be the utility’s obligation to furnish efficient and reliable electrical service to meet the standards of the industry for the area. The utility, to the extent it is lawfully authorized, shall serve every consumer requesting the utility service within the city, regardless of cost, amount of usage, customer deposits, return on investment, access and other reasonable factors. The utility shall not discriminate against any person, corporation, firm or association in its charges and service rendered under like circumstances. The utility shall not directly or indirectly grant any discount or rebate or give things of value unless authorized by the appropriate regulatory authority.
(Ordinance 98-06, sec. 7, adopted 1/13/98)
The utility shall hereafter hold itself ready to furnish free of charge, to the city, such pole space as may be reasonably required from time to time for the installation of city-owned wires, cables, switches, street light equipment, traffic, police and fire alarm system conductors, and alarm or other necessary signal boxes. Such space used by the city shall not exceed the capacity on any one pole, must be available on then-existing poles, and must be requested three (3) days in advance, in writing, by the city’s representative prior to installation. The specific location of such facilities on the utility’s poles shall be governed by industry standards in the area.
(Ordinance 98-06, sec. 8, adopted 1/13/98)
Where an underground ductline is hereafter constructed or installed between manholes by the utility, to the extent the utility is authorized to do so under state law, the utility shall, as a part of same, provide free space for the installation by city of its electric, traffic, police, fire alarm, or other cables and related equipment, on request in writing by the city’s representative prior to construction, with one top duct having one capped-off entry channel and one capped-off exit channel between each two manholes and terminate in a city-specified handhold, which location is also specified by city. Such entry and exit channels must leave the duct bank enclosure outside of, but near to, such manholes, and no cable or other equipment of the city shall enter the utility’s manholes. The utility shall, prior to each addition by it to any duct now existing or hereafter constructed, notify the city’s designated representative of the nature and location of such intended addition. The utility shall, along with its application for a permit to open a street for the purpose of laying a new duct, to the extent the utility is authorized to do so under state law, provide the city’s designated representative with a set of plans showing the type, number, and location in the street of the ducts to be constructed. The city, prior to the original installation by it of its equipment in any such top duct, shall notify the utility three (3) days in advance of the time and place it intends to make such entry and installation. All cables installed by the city in the utility ducts shall be of the nonmetallic, sheathy type to prevent corrosive or electrolytic action between the city and the utility-owned cables. All city-owned conductors and cables, whether on poles or in ductlines, shall be constructed, maintained and operated in such a manner as to maximize the public safety so as not to create a hazard in the operation of the utility’s electrical transmission and distribution system. Further, all city-owned traffic, police and fire alarm conductors, and alarm boxes, and any city circuits on the utility poles, and all cables installed by city in ducts constructed by the utility, shall be installed in strict compliance with the applicable provisions of the National Electrical Safety Code and National Electrical Code and other applicable federal, state and local codes.
(Ordinance 98-06, sec. 9, adopted 1/13/98)
The utility must provide the necessary facilities and poles for street and alley lighting in the areas where the utility provides service. The expense of any change in location of lighting standards, whether wood or steel poles, shall be borne by the utility. All extensions to the city’s present street lighting system in the area where the utility is providing power for street lighting shall be noticed to the utility before they are made.
(Ordinance 98-06, sec. 10, adopted 1/13/98)
Only to the extent that the utility has the authority to do so by state law or easement, the utility may trim trees upon and overhanging the streets, alleys, avenues, sidewalks, public places and public ways of the city so as to prevent the branches of such trees from coming into contact with the wires or other equipment of the utility. If the utility holds such permission without a franchise from the city, the trees and vegetation shall be trimmed in a manner that there shall be a proper clearance between the nearest wires or equipment and any portion of the trees or vegetation. The trees and vegetation shall be trimmed so that no branches, twigs or leaves come in contact with or in any way interfere with the city’s or the utility’s facilities. The utility shall exercise reasonable care to avoid unnecessary destruction of or serious harm to trees located in the public ways or property. The utility shall notify the city, in writing, no less than seven (7) days before it plans to perform this work.
(Ordinance 98-06, sec. 11, adopted 1/13/98)
The utility shall install underground future planned utility facilities, unless the city otherwise authorizes aboveground installation by city ordinance.
(Ordinance 98-06, sec. 12, adopted 1/13/98)
The utility shall remove and abate at its own expense any installation or structure that is dangerous to life or property. Should the utility, after reasonable notice, fail or refuse to act, the city shall have the power, using reasonable means and methods, to remove or abate the same at the expense of the utility, all without compensation or liability for damages to the utility.
(Ordinance 98-06, sec. 13, adopted 1/13/98)
Without written approval by city’s designated representative based upon engineering considerations, utilities shall not duplicate facilities to serve customers within the city who apply to switch electric service providers once electric retail competition is lawful. The provider shall have the right to use existing utility facilities to serve retail customers and shall pay the utility reasonable rental charges established by the city council, unless general statutes provide otherwise. The utility shall notify the city of any customers that are being provided service by third parties or utilities other than the utility over the utility’s lines within the city limits. The utility must provide the city with the names of the provider or providers using the utility’s lines or facilities in the city rights-of-way. The utility must provide the city on the tenth (10th) day of each month the names of the providers using its lines or facilities and the names of the corresponding customers being served by each provider. The utility must also notify the city of the amount paid to the utility by providers using the utility’s lines or facilities for the use of said lines or facilities. To the extent that the utility has access to such information, the utility must also include in such notification to the city the rate class applied to each customer by its particular provider and the gross receipts each provider derives from its customers by virtue of the use of the utility’s lines or facilities. Similarly, the utility or other utilities must use existing electric facilities to serve existing customers within the city and pay the city-owned electric system’s facilities charges where those facilities are owned by the city-owned electric system. No customer shall have their electric service provider switched without their consent. When a customer consents to the switching of service to a utility, reasonable notice of the switch must be given to the provider which was previously serving that customer.
(Ordinance 98-06, sec. 14, adopted 1/13/98)
The utility shall at all times maintain comprehensive general liability, motor vehicle, fire and casualty insurance through recognized, reliable companies licensed and qualified to do business in the city in such reasonable amounts as the city may deem adequate and shall maintain copies of such policies in the office of the city secretary.
(Ordinance 98-06, sec. 15, adopted 1/13/98)
The utility shall, in coordination with the city’s police and fire departments, establish standard operating procedures for emergency situations, including procedures for cutting and restoring power at locations involved in police and fire emergencies. In the event of an emergency that the utility believes poses a threat of immediate harm to the public, the utility is granted access to the public ways or property without a permit to ameliorate the threatened harm. The utility shall advise the city of the emergency at its earliest feasible opportunity.
(Ordinance 98-06, sec. 16, adopted 1/13/98)
The utility shall maintain local offices and facilities within the city adequate for the purpose of providing repair and maintenance services and personnel available during office hours to address concerns the city might have regarding the provision of electric services within the boundaries of the city and the administration of this division. The utility shall designate a service representative for the city area and provide the city with the location and telephone number of the local office, and the name and telephone number of the utility’s service representative. The utility shall maintain local offices and facilities within the city for the purpose of providing the city with 24-hour emergency service pertaining to the operation of the utility facilities. The utility shall provide the city with the location and telephone number of the local office, the name of the utility’s emergency representative and the direct telephone number or other direct numbers at which the utility’s emergency representative can be reached twenty-four (24) hours a day. Neither a computerized network of numbers to call nor an answering machine is acceptable.
(Ordinance 98-06, sec. 17, adopted 1/13/98)
The utility shall provide to the city a copy of each periodic report or records filed with any state or federal agency regulating the utility’s rates, service, issuance of securities, or compliance with affirmative action and equal opportunity requirements. The utility shall provide to the city a copy of its articles of incorporation and any amendments thereto, its current bylaws including amendments thereto, and a copy of its current tariff schedules. The utility shall provide the city with a copy of the order by the state public utility commission granting the utility a certificate of convenience and necessity to serve within the corporate limits. The utility must also provide to the city a copy of its terms and conditions for service to customers. In addition, the utility must provide the city with a list of its customers’ names, customer rate classes, and the number of customers and amount of revenues received by the utility for each rate class, as well as the location of each customer. Said list must be updated to include any customers added during the previous month, and must be supplied to the city by the tenth (10th) day of the following month. Included in the list shall be the number of the utility customers added during the previous month and the total number of customers being served by the utility. The utility shall also provide the city with a copy of any report made to the federal or state regulatory authorities regarding an event involving hazardous materials within the city limits or extraterritorial jurisdiction. The utility must also provide the city with the name and address of its registered agent for service of process. The reports described in this section shall not be provided to the city to the extent that the utility is required by applicable law or regulation to keep these reports confidential.
(Ordinance 98-06, sec. 18, adopted 1/13/98)
In the construction, installation, repairing, operation and maintenance of all transmission and distribution lines, poles, conductors, wires, conduits, substations, apparatus and appliances and other facilities for the distribution of electrical energy and power, the utility shall use every reasonable precaution to avoid damage or injury to persons or property. The utility shall indemnify the city from any and all such damage, injury, or expense, including reasonable and necessary attorneys’ fees and court costs, caused by any act or failure to act by the utility, its officers, agents and employees in the connecting, installing, repairing, and maintaining of any of its facilities, or in excavating the public streets and highways or public ground of the city, including the paving, repaving or repairing of any of the public streets, highways or public property of the city. Further, the utility shall indemnify and hold the city harmless for any and all claims, demands or causes of action and expenses, including court costs and all reasonable and necessary attorneys’ fees, brought against the city occasioned by or arising out of the construction, reconstruction, maintenance or repair of the utility’s electrical lighting and power system, either directly or indirectly, and shall defend all suits and pay all final judgments; provided, however, that the provisions of this section shall not be applicable to any claims, damages, actions or causes of actions proximately resulting from the use by the city, city officers, city agents, city representatives or city employees of the utility’s poles and ductlines for the installation, maintenance or removal of city’s equipment, as provided in this division, or for which the city is otherwise liable as provided herein. At the option of the city, the utility may be made a party to any court proceeding.
(Ordinance 98-06, sec. 19, adopted 1/13/98)
The failure to timely pay the city the fees imposed by this division in the manner specified by this division shall be a violation punishable, upon final conviction, by a fine as provided in section 1.01.009. Each violation on each day shall be considered a separate violation. The city may also bring suit for injunction against any corporation, person, or other entity that shall violate or threaten to violate any provision of this division.
(Ordinance 98-06, sec. 21, adopted 1/13/98)
The city manager, city attorney, or any person designated by them are authorized and directed to take such action as may be necessary to enforce the terms of this division, including, but not limited to, obtaining court orders enforcing this division.
(Ordinance 98-06, sec. 23, adopted 1/13/98)