§ 281-59. Conditions on use of streets and public ways.

A. 

During any phase of construction, installation, maintenance and repair of the COCOT, the COCOT licensee shall use materials of good and durable quality, and all such work shall be performed in a safe, thorough and reliable manner.

B. 

All wires, conduits, cable (coaxial, fiber or functional equivalent) and other property and facilities of a COCOT licensee shall be so located, constructed, installed and maintained so as not to endanger or unnecessarily interfere with usual and customary use, traffic and travel upon the streets, rights-of-way, easements and public ways of the City.

C. 

In the event that a COCOT creates a hazardous or unsafe condition or an unreasonable interference with property, then, at its own expense, such COCOT licensee shall voluntarily, or upon the request of the City, remove that part of the system that creates the hazardous condition from the subject property.

D. 

A COCOT licensee shall not place equipment where it will interfere with the rights of property owners or with gas, electric or telephone fixtures or with water hydrants or mains or with wastewater pump stations or any other service or facility that benefits the City's or its residents' health, safety or welfare.

E. 

A COCOT licensee, at either its own expense or that of a private contractor, shall protect rights-of-way, easements and support or temporarily disconnect or relocate in the same street or other public way any property of such COCOT licensee when necessitated by reason of:

(1) 

Traffic conditions;

(2) 

Public safety;

(3) 

A street closing;

(4) 

Street construction or resurfacing;

(5) 

Change or establishment of street grade;

(6) 

Installation of sewers, drains, water pipes, pump stations, force mains, power or signal lines; or

(7) 

Any improvement, construction or repair related to the City's or its residents' health, safety or welfare.

F. 

It shall be the responsibility of a COCOT licensee (acting alone or in conjunction with another person) to locate and mark or otherwise visibly indicate and alert others to the location of its underground cable (coaxial, fiber or functional equivalent) before employees, agents or independent contractors of a COCOT licensee install cable in the marked-off area.