(A) The grantee shall make such arrangements to install system CATV facilities with the owner of the property or easement where facilities are to be located as may be appropriate.
(B) The grantee shall not be required to pay a fee to, or to compensate in any fashion, such owner in order to obtain permission to locate CATV facilities above, below, on, or across the owner's property or easement, or to provide CATV services to properties in the vicinity of such owner's property or easement. Furthermore, if such owner refuses to permit the grantee to locate CATV facilities above, below, on, or across such property or easement, the grantee shall not be required to serve properties in the vicinity by means of an alternative route for the installation of CATV facilities if the use of such alternative route would result in construction costs above those which would have been necessary if permission had been granted by such owner.
(C) All excavation work performed by the grantee within the streets shall require an excavation permit. Any poles, wires, cable lines, conduits, or other properties of the grantee to be constructed or installed in streets shall be so constructed or installed only at such locations and in such manner as shall be approved by the city acting in the exercise of its authority and reasonable discretion.
(D) The grantee shall post a cash bond or line of credit from a federal or state bank or savings and loan association in the name of the city in the amount of $50,000 for use by the city to repair, replace, or restore streets or other public facilities damaged by the grantee's work. The city shall have the right to withdraw sufficient funds for such repairs following 15 calendar days' written notice to the grantee that such repairs are necessary and the grantee fails to perform the necessary repair, replacement, or restoration. Upon such withdrawals, such cash bond shall be replenished by the grantee to its full original amount. Interest from such cash bond shall be reserved to the grantee on terms and conditions approved by the City Manager.
(E) The grantee shall not install or erect any facilities or apparatus in or on other public property, places, or rights-of-way, or street right-of-way widening required by code, or within any privately-owned area within the city which has not yet become a public street but is designated or delineated as a proposed public street on any tentative subdivision map or preliminary parcel map approved by the city, except those installed or erected upon public utility facilities now existing, without obtaining the prior written approval of the City Manager.
(F) In those areas and portions of the city where the transmission or distribution facilities of the public utility providing telephone service and those of the utility providing electric service are underground or hereafter may be placed underground, then the grantee shall likewise construct, operate, and maintain all of its transmission and distribution facilities or other means of transmitting signals underground to the extent that the transmission or distribution facilities of such utilities are underground. For the purposes of this section,
UNDERGROUND shall include a partial under-ground system. The city shall not be in any manner responsible for any costs incurred by the grantee in placing the grantee's facilities underground.
(G) The entire distribution system of the grantee, including poles, posts, wires, cables, appurtenances, and facilities, shall be located or relocated and so erected as not to interfere unreasonably with travel over, in, on, or under any street and with reasonable ingress and egress to abutting property.
('66 Code, § 5-5.13) (Ord. 590-C-S, passed 9-11-84) Penalty, see §§ 1-2.01 et seq.