(A) A company’s system, poles, wires and appurtenances shall be located, erected and maintained so that none of its facilities shall endanger or interfere with the lives of persons or interfere with the rights or reasonable convenience of property owners who adjoin any of the streets or interfere with any improvements the Town may deem proper to make or unnecessarily hinder or obstruct the free use of the streets.
(B) In case of any disturbance of any street, pavement, sidewalk, driveway or other surfacing, grass or landscaping, a company shall, at its own cost and expense and in a manner approved by the Town, replace and restore such places so disturbed in as good condition as before the work was commenced and in accordance with standards for such work set by the Town.
(C) Erection, removal and common uses of poles:
(1) No poles or other wire-holding structures shall be erected by a company without prior approval of the Town with regard to location, height, types and any other pertinent aspect. However, no location of any pole or wire-holding structure of a company shall be a vested interest and such poles or structures shall be removed or modified by a company at its own expense whenever the Town determines that the public convenience would be enhanced thereby;
(2) Where poles or other wire-holding structures already existing for use in serving the Town are available for use by a company, but it does not make arrangements for such use, the Town may require a company to use such poles and structures if it determines that the public convenience would be enhanced thereby and the terms of the use available to a company are just and reasonable;
(3) Where the Town or a public utility serving the Town desires to make use of the poles or other wire-holding structures of a company, but agreement thereof with a company cannot be reached, the Town may require a company to permit such use for such consideration and upon such terms as the Town shall determine to be just and reasonable, if the Town determines that the use would enhance the public convenience and would not unduly interfere with a company’s operations;
(4) No aerial cable shall be installed so that it interferes with the view of traffic control devices, including traffic signal heads or similar apparatus. If, in the opinion of the Town, a cable is installed in such a manner so as to interfere with the unobstructed view of a traffic control device, then in the interest of public safety the installer shall relocate or adjust the cable immediately upon receipt of notice from the Town of such interference at such company’s expense.
(D) If, at any time during the period of a franchise, the Town shall lawfully elect to alter or change the grade of any street, a company, upon reasonable notice by the Town shall remove or relocate as necessary its poles, wires, cables, underground conduits, manholes and other fixtures at its own expense. No location of any underground or aboveground facility or structure of any company shall be a vested interest, and such poles or structures shall be removed or modified by a company at its own expense whenever the Town determines that the public convenience would be enhanced thereby. Notwithstanding anything to the contrary foregoing in this section, in the event any utility is compensated for removing or relocating its facilities, then a company shall be similarly compensated.
(E) A company shall, on the request of any person holding a building moving permit issued by the Town or another governmental entity, temporarily raise or lower its wires 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 a company shall have the authority to require such payment in advance. A company shall be given not less than 48 hours advance notice to arrange for such temporary wire changes.
(F) A company shall not remove any tree or trim any portion, either above, at or below ground level, of any tree within any public place without the prior consent of the Town. The Town shall have the right to do the trimming requested by a company at the cost of a company. Regardless of who performs the work requested by a company, a company shall be responsible, shall defend and hold the Town harmless for any and all damages to any tree as a result of trimming or to the land surrounding any tree, whether such tree is trimmed or removed, as well as for any and all injuries to persons.
(G) A company shall comply with Tennessee law (Tenn. Code Ann. §§ 65-31-101 through 65-31-112) regarding utility location requests. Service interruptions occurring as a result of failure to comply with locator requests shall be cause for a penalty in accordance with § 118.99.
(`83 Code, § 13-522)