(a) The Company shall make arrangements with the Ohio Bell Telephone Company, the Cleveland Electric Illuminating Company and any other holder of licenses or franchises from the City for the purposes of using the towers, poles, and attachments thereto of said companies for the attachment of television transmission and distribution facilities, subject to all existing and future ordinances of the City.
(b) The Company will not erect a separate system of poles in the City or on any street therein, but may erect poles where shown to be necessary when the necessity, the location, and the style of poles have been approved by the Mayor of the City or his designee, which approval will not be unreasonably withheld. The erection of the poles shall be subject to all existing and future ordinances and regulations of the City applicable thereto and under the supervision of the Service Director or his designee.
(c) In areas where all other public utilities are placed underground, the Company shall also place its cable underground and such underground installations shall not result in any additional charges to subscribers.
(d) The Company's transmission and distribution system, poles, wires, and appurtenances shall be located, erected, maintained and/or removed so an not to endanger or interfere with the lives or reasonable safety of persons, or to interfere with improvements the City may deem proper to make, or to hinder unnecessarily or obstruct the free use of the streets, alleys, bridges or other public property. Removal of poles or equipment when necessary to avoid such interference will be at the Company's expense.
(e) Construction and maintenance of the transmission and distribution system shall be in accordance with the provisions of the National Electrical Safety Code of the National Board of Fire Underwriters and such applicable ordinances and regulations of the City affecting electrical installations which may be presently in effect, or changed by future ordinance, such applicable City ordinances and regulations to be applied to the Company in a reasonable manner.
(f) All installations of equipment shall be of permanent nature, durable and installed in accordance with good engineering practice, and of sufficient height to comply with all existing City regulations, ordinances, and state laws so as not to interfere in any manner with the right of the public or individual property owners, and shall not interfere unduly with the travel and use of public places by the public during construction, repair, or removal thereof and shall not unduly obstruct or impede traffic.
(g) In the event that at any time during the period of this franchise the City shall elect to alter or change the grade of any street or other public way or to make any other improvement which the City may deem proper to make, the Company upon reasonable notice by the City shall remove, relay and relocate its poles, wires, cables, conduits and other fixtures at its own expense. The Company shall, on the request of any person holding a building moving permit issued by the City and at that person's expense, temporarily raise or lower its wires to permit the moving of buildings. In such event, prepayment or a payment bond shall be prerequisite to such work being performed by the Company. The Company shall be given not less than seven (7) days advance notice to arrange for such temporary wire changes.
(h) In the maintenance and operation of its television transmission and distribution system in the City of Fairview Park and in the course of any new construction or addition to its facilities, the Company shall proceed so as to cause the least possible inconvenience to the general public; the Company at its expense, shall restore all damage to property, both public and private, caused by the construction, maintenance or repair of the cable system; any opening or obstruction in the streets or other public places made by the Company in the course of its operations shall be in accordance with the ordinances and regulations governing the making of openings in the streets, sidewalks, public ways or places of the City as established by Council and the Service Department or its designee of said City and which are in effect at that time.
(Ord. 91-102. Passed 10-21-91.)