A. Restoration Of Public Ways: If during the course of grantee's construction, operation or maintenance of the cable system there occurs a disturbance of any public way by grantee, it shall, at its expense, replace and restore such public way to a condition reasonably comparable to the condition of the public way existing immediately prior to such disturbance.
B. Traffic Conditions; Public Safety; Street Construction: Upon its receipt of reasonable advance notice, not to be less than five (5) business days, the grantee shall, at its own expense, protect, support, temporarily disconnect, relocate in the public way, or remove from the public way, any property of the grantee when lawfully required by the franchise authority by reason of traffic conditions, public safety, street abandonment, freeway and street construction, change or establishment of street grade, installation of sewers, drains, gas or water pipes, or any other type of structures or improvements by the franchise authority; but, the grantee shall in all cases have the right of abandonment of its property. If public funds are available to any company using such street, easement, or right of way for the purpose of defraying the cost of any of the foregoing, such funds shall also be made available to the grantee.
C. Relocation At Request Of Third Party: The grantee shall, on the request of any person holding a building moving permit issued by the franchise authority, temporarily raise or lower its wires to permit the moving of such building, provided: 1) the expense of such temporary raising or lowering of wires is paid by said person, including, if required by the grantee, making such payment in advance; and 2) the grantee is given not less than ten (10) business days' advance written notice to arrange for such temporary wire changes.
D. Trimming Of Trees And Shrubbery: Grantee shall have authority to trim trees or other natural growth overhanging any of its cable system in the service area which exists on public property or public rights of way so as to prevent said growth from coming into contact with grantee's wires, cables, or other equipment. If neither the franchise authority or the private property owner does not alleviate the obstacle within fifteen (15) days, grantee shall have the authority to remove said obstacles. Grantee shall be permitted to charge the property owner for the cost of removal of the trees and natural growth if similar charges are assessed and paid to utilities or the franchise authority for such work. The grantee shall reasonably compensate the franchise authority or the property owner for any damages done pursuant to said tree or bush removal or, in its discretion, replace trees or shrubs damaged as a result of any removal or construction undertaken by the grantee.
E. Use Of Grantee's Equipment By Franchise Authority: Subject to any applicable state or federal regulations or tariffs, the franchise authority shall have the right to make additional use, for any public purpose, of any poles or conduits controlled or maintained exclusively by or for the grantee in any public way; provided that:
1. Such use by the franchise authority does not interfere with a current or future use by the grantee;
2. The franchise authority holds the grantee harmless against and from all claims, demands, costs, or liabilities of every kind and nature whatsoever arising out of such use of said poles or conduits, including, but not limited to, reasonable attorney fees and costs; and
3. At grantee's sole discretion, the franchise authority may be required either to pay a reasonable rental fee or otherwise reasonably compensate grantee for the use of such poles, conduits, or equipment; provided, however, that grantee agrees that such compensation or charge shall not exceed those paid by it to public utilities pursuant to the applicable pole attachment agreement, or other authorization, relating to the service area.
F. Safety Requirements: Construction, installation, and maintenance of the cable system shall be performed in an orderly and workmanlike manner. All such work shall be performed in substantial accordance with applicable FCC or other federal, state, and local regulations. The cable system shall not unreasonably endanger or interfere with the safety of persons or property in the service area.
G. Aerial And Underground Construction: In those areas of the service area where all of the transmission or distribution facilities of the respective public utilities providing telephone communications and electric services are underground, the grantee likewise shall construct, operate, and maintain all of its transmission and distribution facilities underground; provided, that such facilities are actually capable of receiving grantee's cable and other equipment without technical degradation of the cable system's signal quality. In those areas of the service area where the transmission or distribution facilities of the respective public utilities providing telephone communications and electric services are both aerial and underground, grantee shall have the sole discretion to construct, operate, and maintain all of its transmission and distribution facilities, or any part thereof, aerially or underground. Nothing contained in subsection F of this section shall require grantee to construct, operate, and maintain underground any ground mounted appurtenances such as subscriber taps, line extenders, system passive devices (splitters, directional couplers), amplifiers, power supplies, pedestals, or other related equipment. Notwithstanding anything to the contrary contained in subsection F of this section, in the event that all of the transmission or distribution facilities of the respective public utilities providing telephone communications and electric services are placed underground after the effective date hereof, grantee shall only be required to construct, operate, and maintain all of its transmission and distribution facilities underground if it is given reasonable notice and access to the public utilities' facilities at the time that such are placed underground. (Ord. 94-4, 8-1-1994)
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