(a) All transmission and distribution structures, lines and equipment erected by the grantee within the Village shall be so located as to cause minimum interference with the proper use of streets, alleys and other public ways and places and to cause minimum interference with the rights and reasonable convenience of property owners whose property adjoins any of said streets, alleys or other public ways and places. The cable television system shall be constructed and operated in compliance with all adopted local and national construction codes.
(b) Except when absolutely necessary to service a subscriber and not simply because it shall be more convenient, economical or profitable for the grantee to so operate, and then only when expressly permitted in writing by the Mayor under such conditions as he or she shall prescribe for the public welfare, the grantee shall not erect, nor authorize or permit others to erect, any poles or other facilities within the streets of the Village for the conduct of its cable television system, but shall use the existing poles and other equipment of the appropriate electrical power, and telephone or other utility companies under such terms and agreements as the grantee shall negotiate with these companies.
(c) Should the grantee be required to place any lines or other equipment on any boulevard, parkway or other property under the jurisdiction of the Service Department of the Village, the manner of placement and location thereof shall be subject to the control of the Mayor.
(d) Should the grantee be required, in the conduct of its business, to locate property within the streets of the Village other than property which may be attached to utility poles, then, in that event, before the grantee shall install, or shall permit any other person to install for the grantee, any of such property in the street, the nature of such property shall be disclosed to the Mayor for his or her approval as to the need thereof and as to the location within the street, and then only under such conditions as he or she shall prescribe concerning such location or installation.
(e) Whenever the Village, County, or State of Ohio shall require the relocation or reinstallation of any property of the grantee in any of the streets of the Village, it shall be the obligation of the grantee, upon notice of such requirements, to remove and relocate said property within seventy-two hours. Such relocation, removal or reinstallation by the grantee shall be at the sole cost of the grantee.
(f) Whenever in any place within the Village all or any part of the electric and telephone utilities shall be located underground, it shall be the obligation of the grantee to locate or to cause its property to be located underground within such places. If the electric and telephone utilities shall be located underground in any place within the Village after the grantee shall have previously installed its property, the grantee shall, nevertheless, at the same time or immediately thereafter, remove and relocate its property also underground in such places. If the grantee shall in any case be unable, for operational reasons only, to locate or relocate any part of its property underground, then, in that event, the Mayor, upon being satisfied as to the facts thereof, may permit such property to remain above the ground even though other facilities may be placed underground in the areas. However, any such permission shall be upon such conditions as the Mayor may require for the public health and welfare. Any facilities of the grantee placed underground at the property owner's request, in an area where electric or telephone facilities are aerial, shall be installed with the additional expense paid by the property owner.
(g) The grantee shall have the authority to trim trees upon and overhanging streets of the Village so as to prevent the branches of such trees from coming in contact with the grantee's wires and cables, all trimming to be done under the supervision and direction of the Village and at the expense of the grantee.
(h) In case of disturbance of any street caused by the grantee, the grantee shall, at its own cost and expense and in a manner approved by the Mayor, replace and restore such street in as good a condition as before the work involving such disturbance was done.
(i) The grantee shall, upon request of any person holding a building moving permit issued by the Village, temporarily remove, raise or lower its wires to permit the moving of buildings. The expense of such temporary removal, raising or lowering of the wires shall be paid by the person requesting the same, and the grantee shall have the authority to require such payment in advance. The grantee shall be given not less than seventy-two hours advance notice to arrange for such temporary wire changes.
(j) The Village shall have the right, free of charge, to make additional use, for any public or Municipal purpose, whether governmental or proprietary, of any poles, conduits, or other facilities erected, controlled, or maintained exclusively by or for the grantee in any street or other public way or public place, provided that such use by the Village does not interfere with the use by the grantee.
(Ord. 16-80. Passed 5-20-80.)