(A) In the maintenance and operation of its television transmission and distribution system in the streets, alleys, and other public places, and in the course of any new construction or addition to its facilities, the company shall so proceed as to cause the least possible inconvenience to the general public; any opening or obstruction in the streets, or other public places, made by the company in the course of its operations, shall be guarded, and protected at all times by the placement of adequate barriers, fences or boardings, the bounds of which during periods of dusk and darkness shall be clearly designated by amber warning lights of approved types.
(B) Whenever the company shall take up or disturb any pavement, sidewalk or other improvement of any street, avenue, alley or other public place, the same shall be replaced and the surface restored in as good a condition as before entry within 48 hours after completion of the company's work. Upon failure of the company to make such restoration within such time, or begin such restoration within such time (if the restoration cannot be made within such time), or upon the company's delay of more than 24 hours in the construction of a restoration begun, the city may serve upon the company notice of the city's intent to cause the restoration to be made and unless the company, within 24 hours after receipt of such notice, begins or resumes the property restoration to be made, including the removal of excess dirt, and the city may do so and the expenses of same shall be paid by the company upon demand of the city.
(C) The company shall at all times comply with any and all rules and regulations which the city made or may make with reference to the removal or replacement of pavements and to the excavations in streets and other public places, not inconsistant with its use for the purposes contemplated by this chapter.
(D) The company shall further comply with all requirements of federal law with respect to the use of compatible easements.
(E) The company, at its expense, shall relocate or remove its cable system as requested by the city for reasons of traffic conditions, public health and safety and protection of property, street construction, grade change, or construction of any public improvement or utility or other city service. The company, at its expense, shall promptly alter or relocate its cable system to conform to any new line or grade. The company, at its expense, shall remove and relocate its structures which obstruct public ways, or whenever the city closes a public way. If, after seven days notice, the company fails to remove or relocate its system as required by the city or other authorized government entity, the city or other authorized government entity may remove or relocate the company's cable system, and the company shall compensate the city or other authorized government entity for all expenses incurred thereby. Provided that, in the event of an emergency, or where the cable system creates or is contributing to an imminent danger to health, safety or property, the city may remove or relocate the company's cable system without notice.
(F) The company, at its cost, shall protect or support public or private property to prevent damage caused by construction, installation, maintenance or operation of its cable system. If the company fails to protect public property, the city may do so, and the company shall compensate the city for all expenses incurred thereby.
(G) The company shall raise or lower wires or equipment upon the reasonable request of any third person, including any person holding a building permit. Expenses associated with raising and lowering the wires or equipment shall be paid by the person requesting the same (except in cases where the company is required to bear the costs under other provisions of this franchise) and the company may require advance payment. The company shall be entitled to require that it be given up to ten days advance notice by the person requesting the movement.
(Ord., passed 8-25-92)