§ 78-145. Construction and maintenance of facilities.

(a)

Construction requirements. Except where expressly provided otherwise by state law, a provider shall construct and maintain facilities in accordance with the design manual to ensure facilities do not:

(1)

Obstruct, impede, or hinder the usual travel or public safety on a public right-of-way;

(2)

Obstruct the legal use of a public right-of-way by other utility providers;

(3)

Violate nondiscriminatory applicable codes;

(4)

Violate or conflict with the city's publicly disclosed public right-of-way design specifications; or

(5)

Violate the federal Americans with Disabilities Act of 1990 (ADA).

(b)

Design manual; separate agreements. Facilities to which this chapter applies must conform to the specifications required by the design manual.

(c)

Requests for temporary moves. Upon request, the permit holder shall remove or raise or lower its aerial wires, fiber or cables temporarily to permit the moving of houses or other bulky structures. The expense of such temporary rearrangements shall be paid by the party or parties requesting them, and the permit holder may require payment in advance. The permit holder shall be given not less than 48 hours advance notice to arrange for such temporary rearrangements.

(d)

Tree trimming. The permit holder, its contractors and agents have the right, permission and license to trim trees upon and overhanging the rights-of-way to prevent trees from coming in contact with the permit holder's facilities. When directed by the city, tree trimming shall be done under the supervision and direction of the city manager.

( Ord. No. 1093 , §§ I, II, 8-16-2017)