A. 
The grantee's system and associated equipment erected by the grantee within the city shall be so located as to cause minimum interference with the proper use of streets, alleys and other public rights-of-way and to cause minimum interference with the rights and reasonable convenience of property owners who adjoin any of said streets, alleys or other public rights-of-way. No pole or other fixtures placed in any public rights-of-way by the grantee shall be placed in such a manner as to interfere with normal travel on such public rights-of-way.
B. 
The city does not guarantee the accuracy of any maps showing the horizontal or vertical location of existing substructures. In public rights-of-way, where necessary, the location shall be verified by excavation.
C. 
Construction, installation, operation and maintenance of the telecommunications system shall be performed in an orderly and workmanlike manner, in accordance with then-current technological standards. All cables and wires shall be installed, where possible, parallel with electric and telephone lines. Multiple cable configurations shall be arranged in parallel and bundled with due respect for aesthetic and engineering considerations.
D. 
Construction standards. The construction, installation, operation, maintenance and/or removal of the telecommunications system shall meet all of the following safety, construction and technical specifications and codes and standards, as applicable:
(1) 
Occupational safety and health administration regulations (OSHA).
(2) 
National Electrical Code National Electric Safety Code (NESC).
(3) 
Appropriate manual of construction procedures and standards as determined by the city's Chief Inspector of buildings.
(4) 
All federal, state and municipal construction requirements.
(5) 
All building and zoning codes and all land use restrictions as the same exist or may be amended hereafter.
E. 
The city or its designee shall have the right to inspect at any time the telecommunications system, together with any appurtenant property of the grantee site and within the city. The grantee shall cooperate fully with the city during all inspections and shall provide access to all equipment, records and other materials and information necessary for such inspections. Except as otherwise provided by this chapter, the franchise, law, regulation or chapter, all inspections performed by the city shall be initially at the city's sole cost and expense. If the grantee is found not to be in compliance with the terms of this chapter and all other applicable law, then the grantee must reimburse the city for the costs of such inspections. This reimbursement is not to be considered a part of the franchise fee.
F. 
All worker facilities, conditions and procedures that are used during construction, installation, operation and maintenance of the telecommunications systems shall comply with the standards of the Occupational Safety and Health Administration.
The franchise shall specify the grantee's construction timetable. The timetable shall be a monthly schedule.
The grantee may request city authorization to extend service within the city and any areas annexed to the city under such extension provisions as provided for in the franchise.
A. 
All installations shall be underground in those areas of the city where public utilities providing telephone and electric service are underground at the time of installation. In areas where either telephone or electric utility facilities are above ground at the time of installation, the grantee may install its service above ground, provided that at such time as those facilities are required to be placed underground the grantee shall likewise place its services underground without cost to the city. All cable passing under the roadway shall be installed in conduit.
B. 
In any case where enclosures housing minihubs, switching or other such equipment are to be utilized along streets and sidewalks, such equipment must be vaulted or otherwise contained in an underground enclosure so as to conform to existing city and utility equipment installation requirements. A certificate of approval from the city, which approval will not be unreasonably withheld, shall be required for the location of any pedestal in a public right-of-way.
C. 
Prior to construction or alteration of aerial or underground construction in the public right-of-way, the grantee shall in each case file plans with the appropriate city agencies, complete use agreements with the utility companies if necessary, obtain all construction permits and receive written approval from the city before proceeding and, if applicable, a certificate of appropriateness in the historic district.
D. 
The grantee shall give appropriate notice to the city and residents within a reasonable period of time of proposed construction, excavation, laying or stringing of cable under streets or on poles, but in no event shall such notice be given less than 14 days before such commencement. Local newspaper advertisement of such construction shall be deemed sufficient notice for purposes of this section only.
E. 
Interference with persons, improvements, public and private property and utilities. The grantees' system and facilities, including poles, lines, equipment and all appurtenances, shall be located, erected and maintained so that such facilities shall:
(1) 
Not endanger or interfere with the health, safety or lives of persons.
(2) 
Not interfere with any improvements the city, county or state may deem proper to make.
(3) 
Not obstruct, hinder or interfere with any gas, electric, water or telephone facilities or other utilities located within the city.
F. 
Restoration to prior condition. In case of any disturbance of pavement, sidewalk, driveway or other surfacing, the grantee 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, alley or public right-of-way disturbed in as good a condition as, or better than, before said work was commenced and in a good workmanlike, timely manner in accordance with standards for such work set by the city. Such restoration shall be completed within no more than 48 hours after the damage is incurred. In such instances, the city shall give the grantee notice to the extent practicable.
G. 
Disconnection and relocation. The grantee shall, at its sole cost and expense, protect, support, temporarily disconnect, relocate in the same street or other streets and public rights-of-way or remove from any street or from any other public rights-of-way any of its property as reason of traffic conditions, public safety, street construction, change or establishment of street grade or the construction of any public improvement or structure by any city department may necessitate.
H. 
The grantee shall be subject to all laws, ordinances or regulations regarding private property in the course of constructing, installing, operating or maintaining the telecommunications system in the city. The grantee shall promptly repair or replace all private property, both real and personal, damaged or destroyed as a result of the construction, installation, operation or maintenance of the telecommunications system at its sole cost and expense.
I. 
The grantee shall, at the request of any person holding a building moving permit issued by the city, temporarily raise or lower its wire 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 grantee shall have the authority to require such payment in advance. The grantee shall be given not less than 15 working days' advance notice to arrange for such temporary wire changes. The city shall be exempt from payment for removal, raising or lowering of wires when moving city-owned property.
J. 
The grantee may trim trees or other vegetation owned by the city to prevent branches, leaves or roots from touching or otherwise interfering with its wires, cables or other structures as approved by the city.
(1) 
All tree/root trimming or pruning provided for herewith shall be done under the supervision and direction of the appropriate city agency and only with its prior written approval.
(2) 
All trimming or pruning shall be at the expense of the grantee.
(3) 
The grantee may contract for such trimming or pruning services with any person approved by the city prior to rendering of such service.
(4) 
Any and all persons engaged by the grantee to provide tree trimming or pruning services shall be deemed, for purposes of the franchise, an employee or agent of the grantee when engaged in such activity, and in no event shall such person be deemed to be an employee of the city. If applicable, specific approval shall be received for tree trimming or pruning services in the historic district, which approval shall not be unreasonably withheld.
(5) 
The grantee shall use its best efforts to obtain the prior permission of the owner of any privately owned trees or other vegetation before pruning or trimming same.
(6) 
The grantee shall give appropriate notice to the city and residents within a reasonable time of proposed tree/root trimming and pruning, but in no event shall such notice be given less than seven days before such commencement. A local newspaper advertisement of such pruning or trimming shall be deemed sufficient notice for purposes of this section only.
K. 
Where any damages or alterations occur to the city's water, sewage or drainage lines or to any other municipal structures during the construction due to the presence, negligence, operation or maintenance of the telecommunications systems, the sole cost of such repairs, including all services and materials, will be billed against the grantee, and these charges shall be paid immediately or the city may foreclose on performance bonds, exercise its rights against the letter of credit or invoke any other appropriate sanctions provided for in this chapter or under state law.
L. 
All necessary easements over and under private property shall be arranged for by the grantee.
M. 
The grantee shall submit to the city a manual which sets forth the specifications, standards and procedures for construction and installation of its telecommunications system. Said manual shall be consistent with the highest standards of the telecommunications industry and shall, at a minimum, establish procedures to ensure quality work and provide for the safety and protection of residents and property. Said manual shall be included in the franchise.
N. 
Upon completion of the construction of the telecommunications system, the grantee shall submit to the city a complete and accurate set of as-built maps. Maps shall be based on current state plane coordinates and shall be provided to the city on disc in DXF format. Such maps shall be compatible with any geographic information system utilized by the city.
A. 
Where poles already exist for use in serving the city and are available for use by the grantee, but it does not make arrangements for such use, the city may require the grantee to use such poles and structures if the public convenience would be enhanced thereby and the terms of the use available to the grantee are just and reasonable.
B. 
No new poles shall be installed by the grantee without the prior approval of the city.
A. 
No conduit shall be installed by the grantee in the downtown area without prior approval of the city with regard to location and any other pertinent aspect, which approval shall not be unreasonably withheld. However, no location of any conduit of the grantee shall give rise to a vested interest and such conduit or structures shall be removed or modified by the grantee at its own expense whenever the public convenience would be enhanced thereby.
B. 
Where conduit already exists for use in serving the downtown area and is available for use by the grantee, but it does not make arrangements for such use, the city may require the grantee to use such conduit if the public convenience would be enhanced thereby and the terms of the use available to the grantee are just and reasonable.