Any cable operator or operator of a private communications system who or which does not have a joint pole rental agreement or other agreement with the Borough pertaining to the use of utility poles shall pay to the Borough a monthly pole rental fee in the sum of three thousand dollars ($3,000), and shall be subject to the following regulations:
(a) The cable operator or operator of the private communications system shall enter into a license agreement with the Borough.
(b) No licensee or any other person shall open or otherwise disturb the surface of any street, sidewalk, driveway, public way or other public place for any purpose whatsoever without first obtaining approval to do so from the proper Borough authorities.
(c) The licensee shall restore any street, sidewalk, driveway, public way or other public place it has disturbed at its own cost and expense, restore and/or replace any property disturbed, damaged or in any way injured by or on account of its activity, to as good a condition as such property was in immediately prior to the disturbance, damage or injury, or pay the fair market value of such property to its owner.
(d) The licensee shall, at its own cost and expense, protect, support, temporarily disconnect, relocate in the same street, sidewalk, driveway, public way or other public place or remove from such places any of its property when required to do so by the Borough because of any street or other public excavation, construction, repair, regrading or grading; traffic conditions; installation of sewers, drains, water pipes, Borough-owned power or signal lines, tracks, vacation or relocation of streets, or any other type of structural improvement of the Borough or any other type of improvement of the Borough or any other type of improvement necessary for the public health, safety or welfare.
(e) Nothing in this section shall authorize any licensee to erect and/or maintain new poles in the Borough serviced by existing poles.
(f) The licensee shall obtain written approval from the Borough Manager and other Borough officials prior to erecting any new poles or underground conduits where none exist.
(g) The licensee shall maintain all wires, conduits, cables and other real and personal property and facilities in good condition, order and repair.
(h) The licensee shall keep accurate, complete and current maps and records of its systems and facilities which occupy the streets, public ways, and public places within the Borough and shall furnish, as soon as they are available, two compete copies of such maps and records to the office of the Borough Manager.
(i) The licensee, upon reasonable notice by the Borough, shall temporarily or permanently remove, adjust, raise or lower its facilities within a right of way when the Borough determines that such action is needed for the public use of the right of way, including, but not limited to, the passage of non-standard vehicles or the installation of Borough-owned electrical equipment.
(j) The Borough shall not at any time be liable for any injury or damage occurring to any person or property from any cause whatsoever, including damage from the Borough's negligent omissions, if any, arising from the use, operation, or condition of the licensee's private communications system or cable system.
(k) The licensee shall indemnify, save and hold harmless and defend the Borough from all liens, charges and claims, including, but not limited to, libel, slander, invasion of privacy, unauthorized use of any trademark, trade name or service, demands, suits, actions, fines, penalties, losses, costs, including, but not limited to, reasonable legal fees and court costs, judgments, injuries, liability or damages in lower equity, of any and every kind in nature whatsoever, including damage caused by or arising out of any act of negligent omission of the Borough, its officers, servants, agents, employees, or contractors or otherwise, or arising out of or anyway connected with the installation and operation, maintenance or condition of the license seized from a private communications system or cable system operator.
(l) The licensee shall at all times maintain in full force and effect at its own cost and expense a general comprehensive liability insurance policy protecting the Borough, its representatives, agents, and employees, against liability, losses or damages for personal injury, death and property damage, occurring by the operations of a licensee under the license permitting the use of the poles hereunder, containing minimum liability limits of five hundred thousand dollars ($500,000) for personal injury or death of any one person and five hundred thousand dollars ($500,000) per personal injury or death of two or more persons in any one occurrence, and one hundred thousand dollars ($100,000) for damage to property resulting from any one occurrence.
(Res. 1999-11. Passed 9-20-99.)