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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMPANY. The grantee of rights under this chapter.
GRANTOR. The Village of Batavia, Ohio.
PERSON. Any person, firm, partnership, association, corporation, company or organization of any kind.
SYSTEMS. The entire installation.
(1997 Code, § 110.01) (Ord. 704-83, passed 1-10-1983)
It is expressly understood and agreed by and between the company and the village that the company shall save the village harmless from all loss sustained by the village on account of any suit from the construction, operation or maintenance on the part of the company or its television system in the village. The village shall notify the company immediately after the presentation of any claim or demand, either by suit or otherwise, made against the village on account of any activity as aforesaid on the part of the company. The company shall carry and pay the cost of $1,000,000 blanket coverage insurance to any one person or property for one accident, in at least the amount indicated for each injury to, or death of persons and injury to, or destruction of property as a result of any accident arising out of the conduct of business or use of premises or any operations which are necessary or incidental thereto, and same to include the village as a named insured.
(1997 Code, § 110.03) (Ord. 704-83, passed 1-10-1983)
(A) The company shall maintain and operate its system and render efficient service in accordance with the rules and regulations as set forth in this chapter.
(B) Whenever it is necessary to shut off or interrupt service for the purpose of making repairs, adjustments or installations, the company shall do so at such times as shall cause the least amount of inconvenience to its customers, and unless such interruption is unforeseen and immediately necessary, it shall give reasonable notice thereof to its customers.
(1997 Code, § 110.04) (Ord. 704-83, passed 1-10-1983)
(A) The company’s system, poles, wires and appurtenances shall be located, erected and maintained so that none of it shall endanger or interfere with the lives of persons, or interfere with any improvement that the village may deem proper to make, or hinder unnecessarily or obstruct the free use of the streets, alleys, bridges or other public property.
(B) Construction and maintenance of the transmission distribution system including house connections, shall be in accordance with the provisions of the National Electric Safety Code of the National Board of Fire Underwriters, prepared by the National Bureau of Standards, the National Electrical Code of the National Board of Fire Underwriters and such applicable regulations of the village affecting electrical installations which may be presently in effect or may be enacted by the village. Installation and house drop hardware shall be uniform throughout the village except the company shall be free to change their hardware and installation procedure as the art progresses.
(C) Whenever the activities of the company shall damage any surface, pavement or sidewalk, the company shall at its expense restore all such surface, pavement or sidewalk to the satisfaction of the village. In the event any street or way is altered by the village requiring the alterations or removal of any part of the company’s system, the company shall bear the cost of such alteration or removal.
(D) The village shall not be liable for damage to the company’s lines caused by its forces while in the conduct of its village affairs and the company hereby releases the village from all claims growing out of such damage.
(1997 Code, § 110.05) (Ord. 704-83, passed 1-10-1983)
Upon request, the company shall furnish, free of charge, outside connections and service, to all public schools located within the village and to village buildings when other connections are being made within a particular area; provided, however, that any and all inside wiring work shall be done at the expense of the school or village, as the case may be and provided that a service cable runs in reasonable proximity to such building.
(1997 Code, § 110.07) (Ord. 704-83, passed 1-10-1983)
(A) The village shall have access at all reasonable hours to all of the company’s plans, contracts and engineering, statistical, customer records relating to the property and the operation of the company and to all other records required to be kept hereunder.
(B) The following records and reports shall be filed with the village and in the local office of the company:
(1) Company rules and regulations. Copies of such rules, regulations, terms and conditions adopted by the company for the conduct of its business; and
(2) Gross revenue. An annual certified audit showing gross revenues received by the company from its operations within the village during the preceding year from the basic services.
(1997 Code, § 110.08) (Ord. 704-83, passed 1-10-1983)
The company shall not allow its cable or other operations to interfere with television reception of persons not served by the cable, nor shall it interfere with, obstruct or hinder in any manner, the operation of the various utilities servicing the residents of the village. The company shall not perform repair services to television sets and shall not permit any of its employees, installers or servicemen to perform such services on their own.
(1997 Code, § 110.10) (Ord. 704-83, passed 1-10-1983)
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