In addition to the limitations otherwise herein appearing, the grantee is subject to the following limitations.
(A) The grantee shall at all times during the life of any franchise hereunder be subject to all lawful exercise of the police power by the town and other duly authorized regulatory state and federal bodies and shall comply with any and all ordinances which the town has adopted or shall adopt applying to the public generally and to other grantees, and shall be subject to all laws of the state and the United States.
(B) Time shall be of the essence in any franchise granted hereunder. The grantee shall not be relieved of its obligations to comply promptly with any of the provisions of this chapter by the failure of the town to enforce prompt compliance. Failure of the town to enforce any breach by the grantee shall not constitute a waiver of those violations by the town.
(C) Any franchise granted hereunder shall not relieve the grantee of any obligation under any pole or conduit use agreements, both from the telephone company and others maintaining poles or conduits in the streets of the town, whenever the grantee finds it necessary to make use of these poles or conduits.
(D) Any poles, cable, electronic equipment, or other appurtenances of the grantee to be installed in, under, over, along, across, or upon a street shall be located so as to cause minimum interference with the rights of other users of the streets or of property owners who are adjoining any of the streets. All such installations shall be subject to the prior approval of the town.
(E) In the event of disturbance of any street or private property by the grantee, he shall, at his own expense and in a manner approved by the town, replace and restore the street and private property in as good condition as before the work causing the disturbance was done.
(F) Grantee shall construct, maintain, and operate the CATV system so as to cause minimum inconvenience to the general public. All excavations shall be properly guarded and protected and shall be replaced and the surface restored promptly after completion of work at its sole cost and expense. The grantee shall at all times comply with all excavation requirements of the town.
(G) The grantee shall, upon reasonable notice from any person holding a building moving permit issued by the town, temporarily alter his facilities to permit the moving of the building. The actual cost of this altering shall be borne by the person requesting the altering and the grantee shall have the right to request payment in advance. For purposes of this division, REASONABLE NOTICE shall be construed to mean notice given at least 48 hours prior to the move.
(H) If, at any time, in case of fire or disaster in the town it shall become necessary in the judgment of the Mayor, Town Manager, or the Fire Chief to cut or move any of the wires, cables, amplifiers, appliances, or appurtenances thereto of the grantee, this cutting or moving may be done and any repairs rendered necessary thereby shall be made by the grantee, at its sole expense.
(Ord. passed 7-21-86) Penalty, see § 111.99