§ 138-40. Poles.

(a)

Granting of permits to erect poles and facilities conditioned on right to grant use to others.

(1)

In granting permits to erect poles and transmission and distribution facilities for purposes of electric light or power or for the use of telephone, telegraph or other wires, the council reserves the right, if the interest of the city so requires, to encourage other persons to use the same poles and transmission and distribution facilities for similar purposes, upon the payment to the owner thereof of a proper compensation to be determined by agreement. All permits shall be subject to this condition and in accepting a permit the applicant binds the applicant according thereto.

(2)

To the extent permitted by law, permits for newly issued franchises may be conditioned upon the placement of transmission and distribution facilities underground.

(3)

To the extent practicable, persons shall locate all above ground facilities in such a manner as to minimize disruption to the access of private property and pedestrian traffic.

(b)

Duty to reset or remove poles to facilitate street improvements.

(1)

It shall be the duty of any street railway or electric light or power, CATV, telephone or telegraph company authorized to set poles for the stringing of wires thereon, within 30 days upon notice from the commissioner of public works, to remove or reset any poles belonging to that company, when the removal or resetting of poles is necessary in the judgment of the commissioner to facilitate the improvement of any public right-of-way or in order to protect public health, safety and welfare. In such instances, the expense of the removal shall be borne by the owners of the poles. The commissioner of public works may also request that the owner of poles reset poles for the convenience of a lot, but the owner of such poles shall have no obligation to reset such poles unless the lot owner agrees to reimburse the owner of such poles for the costs of resetting the poles. Relocation requirements are located in section 138-23.

(2)

Mandate to place facilities underground. The city may designate geographical areas in which facilities are preferred to be placed underground; provided however, that franchisees are not required to place transmission and distribution facilities underground when aerial facilities exist and that where existing aerial facilities are being retired and removed from service, replacement will be made using underground construction if technically practical and economically feasible and subject to applicable state and federal law.

(c)

Restoration of streets and sidewalks after setting or removing poles. All surplus dirt remaining after setting telegraph, telephone, electric light and other poles on a street or sidewalk shall be removed by the company placing the poles. When any poles are removed, the street or sidewalk shall be repaired and left in a condition satisfactory to the commissioner of public works.

(Ord. No. 2001-22, § 1, 3-14-01; Ord. No. 2001-82, § 2, 11-13-01; Ord. No. 2003-72, § 2, 6-8-03)