(a) Underground installations. All installations shall be underground in those areas of the town where required by a generally applicable, nondiscriminatory town ordinance. While grantees are encouraged to always place plant underground, in areas where either telephone or electric utility facilities are above ground at the time of installation, grantee may install its service above ground, provided that at such time as those facilities are required to be placed underground by the town or are placed underground, the grantee shall likewise place its services underground without additional cost to the town or to the individual subscriber so served with the town. If the town compensates any other person for relocating or moving its facilities in any way then grantee shall be similarly compensated, in a proportionate manner. Where not otherwise required to be placed underground by this chapter or the franchise, the grantee's system shall be located underground at the request of the adjacent property owner, provided that the excess cost over the aerial location shall be borne by the property owner making the request. All cable passing under the roadway shall be installed in conduit.
(b) Permits. Prior to construction or alteration, however, the grantee shall obtain all required permits.
(c) Interference with persons, improvements, public and private property and utilities. The grantee's system and facilities, including poles, lines, equipment and all appurtenances, shall be located, erected and maintained so that such facilities shall:
(1) Not endanger or interfere with the health, safety or lives of persons;
(2) Not interfere with any improvements the town, county or state may deem proper to make;
(3) Not interfere with the free and proper use of public streets, alleys, bridges, easements or other public rights-of-ways, places or property, except to the minimum extent possible during actual construction or repair;
(4) Not interfere with the rights and reasonable convenience of private property owners, except to the minimum extent possible during actual construction or repair; and
(5) Not obstruct, hinder or interfere with any gas, electric, water or telephone facilities or other utilities located within the town.
(d) Restoration to prior condition. In case of any disturbance of public or private pavement, sidewalk, driveway, lawn, landscape, or other surfacing, the grantee shall, at its own cost and expense and in a manner approved by the town and consistent with the franchise, replace and restore all paving, sidewalk, driveway, landscaping, or surface of any street or alley disturbed, in as reasonably good a condition as, or better than, before said work was commenced and in a good workmanlike, timely manner in accordance with standards for such work set by the town in the franchise. Unless prevented by circumstances beyond the grantee's control, such restoration shall be completed within no more than ten business days after the damage is incurred.
(e) Relocation of the facilities. In the event that at any time during the period of the franchise, the town, county or state shall lawfully elect to alter or change the grade of any street, alley or other public ways, the grantee, upon reasonable notice by the proper authority, shall remove or relocate as necessary its poles, wires, cables, underground conduits, manholes and other fixtures at its own expense as detailed in the franchise agreement. If the town compensates any person for relocating or moving its facilities in any way, then grantee shall be similarly compensated, in a proportionate manner.
(f) Cooperation with building movers. The grantee shall, on the request of any person holding a building moving permit issued by the town, temporarily raise or lower its wire to permit the moving of buildings. The expense of such temporary removal, raising or lowering of 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 15 working days' advance notice to arrange for such temporary wire changes.
(g) Tree trimming. The grantee shall have the authority, except when in conflict with existing town ordinances, to trim any trees upon and overhanging public rights-of-way so as to prevent the branches of such trees from coming in contact with the cable system, except that at the option of the town, such trimming may be done by it, or under its supervision and direction, at the reasonable expense of the grantee.
(h) Easements. All necessary easements over and under private property shall be arranged for by the grantee.
(Ord. No. 04-009, § 6-37, 8-26-2004)