Sec. 7-67. - Use of streets.
(a) Underground installation. 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 by the city or are placed underground, the grantee shall likewise place its services underground without additional cost to the city. Where not otherwise required to be placed underground by the provisions of this chapter or the franchise, the grantee's system shall be located underground at the request of the adjacent property owner, provided that the excess cost over the aerial location shall be borne by the property owner making the request. All cable passing under the roadway shall be installed in conduit.
(b) Pedestals. In any case where enclosures housing mini-hubs, 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, may be required for the location of any pedestal in a public right-of-way.
(c) Permits. Prior to construction or alteration of aerial or underground construction in the public right-of-way, however, 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 of the city before proceeding and, if applicable, certificate of appropriateness in the historic district.
(d) Construction notice. 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 fourteen (14 days) before such commencement.
(e) Interference with persons, improvements, public and private property and utilities. The grantee's 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 interfere with the free and proper use of public streets, alleys, bridges, easements or other public ways, places or property, except to the minimum extent possible during actual construction or repair;
(4) Not interfere with the rights and reasonable convenience of private property owners, except to the minimum extent possible during actual construction or repair; and
(5) 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, at its own cost and expense and in a manner approved by the city, shall replace and restore all paving, sidewalk, driveway, landscaping, or surface of any street or alley 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 undertaken within no more than ten (10) business days after the damage is incurred and shall be completed as soon as reasonably possible thereafter.
(g) Disconnection and relocation. The grantee, at its sole cost and expense, shall protect, support, temporarily disconnect, relocate in the same street, or other streets and public grounds, or remove from any street or any other public ways and places 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) Private property. The grantee shall be subject to all laws, ordinances or regulations regarding private property in the course of constructing, installing, operating or maintaining the cable communications system in the City of Greensboro. 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 cable communications system at its sole cost and expense.
(i) Cooperation with building movers. The grantee, on the request of any person holding a building moving permit issued by the city, shall 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 fifteen (15) working days' advance notice to arrange for such temporary wire changes.
(j) Tree trimming. 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.
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.
All trimming or pruning shall be at the expense of the grantee.
The grantee may contract for such trimming or pruning services with any person approved by the city prior to rendering of such services.
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.
The grantee shall use its best efforts to obtain the prior permission of the owner of any privately owned trees or other vegetation before it prunes or trims same.
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 (7) days before such commencement.
(k) Public property. Where any damages or alterations occur to the city's water, sewage or drainage lines or to any other municipal structures in the streets during the construction due to the presence, negligence operation or maintenance of the cable communications system, 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 or invoke other appropriate sanctions provided for in this chapter.
(l) Easements. All necessary easements over and under private property shall be arranged for by the grantee.
(m) Construction and installation manual. The grantee shall submit to the city a manual which sets forth the specifications, standards and procedures for construction and installation of its cable communications system. Said manual shall be consistent with the highest standards of the cable television 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.
(Ord. No. 94-109, § 1, 10-24-94)
