Ordinance 2475-00 - Laserfiche WebLink

9.9 Underground Construction and Use of Poles (A) When required by general ordinances, resolutions, regulations or rules of the City or applicable State or federal law, Grantee's Open Video System shall be placed underground at Grantee's expense. Placing facilities underground does not preclude the use of ground-mounted appurtenances. (B) Where electric and telephone lines are installed underground at the time of Open Video System construction, or when all such wiring is subsequently placed underground, all Open Video System lines shall also be placed underground with other wireline service at no expense to the City or Subscribers unless funding is generally available for such relocation to all users of the Rights-of-Way. Related Open Video System equipment, such as pedestals, must be placed in accordance with the City's applicable code requirements and rules. In areas where either electric or telephone utility wiring is aerial,the Grantee may install aerial cable, except when a property owner or resident requests underground installation and agrees to bear the additional cost in excess of aerial installation. (C) The Grantee shall utilize existing poles and conduit wherever possible. (D) In the event Grantee cannot obtain the necessary poles and related facilities pursuant to a pole attachment agreement, and only in such event, then it shall be lawful for Grantee to make all needed excavations in the Rights-of-Way for the purpose of placing, erecting, laying, maintaining, repairing, and removing poles, supports for wires and conductors, and any other facility needed for the maintenance or extension of Grantee's Open Video System. All poles of Grantee shall be located as designated by the proper City authorities and only upon written consent of the City. (E) This Franchise does not grant, give or convey to the Grantee the right or privilege to install its facilities in any manner on specific utility poles or equipment of the City or any other Person. Copies of agreements for the use of poles, conduits or other utility facilities must be provided upon request by the City. (F) If the City requests, when Grantee is constructing, relocating or placing ducts or conduits in public rights-of-way, that Grantee provide the City with additional duct or conduit and related structures necessary to access the conduit, then such request shall be governed by federal, State and local law (including, but not limited to, all of the applicable provisions contained in Engrossed Substitute Senate Bill 6676 which was passed by the Washington Senate and House of Representatives in March, 2000). 16