§ 5.72.100. Installation—Location and equipment requirements.

A.

Any poles, wires, cable lines, conduits or other properties of the franchise holder to be constructed or installed in streets or public rights-of-way shall be constructed or installed only at such locations and in such manner as shall be approved prior thereto by the director of public works of the city acting in the exercise of his reasonable discretion. Upon receipt of a construction of installation request from the franchise holder, the director of public works shall reply within ten business days.

B.

The franchise holder may install or erect any facilities or apparatus on public property or rights-of-way within the city upon obtaining prior written approval of the director of public works.

C.

In those areas and portions of the city where either the transmission and distribution facilities of the public utility providing telephone service or those of the utility providing electric service are underground or hereafter may be placed underground, the franchise holder shall likewise construct, operate and maintain all of its transmission and distribution facilities underground. Amplifiers in the franchise holder's transmission and distribution lines may be in concrete boxes or vaults upon the surface of the ground.

D.

Construction or installation of the franchise holder's cable lines or conduits in all other public places owned or controlled by the city shall be subject to approval of and regulation by the city council in advance.

E.

The city shall not be liable to the franchise holder or to any subscribers of the franchise holder for any cessation of service by the franchise holder to any or all of its subscribers caused by the city's street work, street excavation, pole relocation or resulting from delay in the city's repair or reerection of poles or otherwise following damage thereto arising out of circumstances beyond the control of the city.

(Prior code § 6A.8)