A. All transmission and distribution structures, poles, lines, and equipment installed or erected by the grantee within the franchise area shall be so located as to cause minimum interference with the proper use of streets and with the rights and reasonable convenience of property owners who adjoin any of said streets. The CATV system shall be constructed and operated in compliance with applicable governmental construction and electrical codes.
B. In case of disturbance of any street or paved area, the grantee shall, at its expense and in accordance with generally accepted construction practices, replace and restore such street or paved area in as good condition as theretofore.
C. The grantee shall, at its expense, protect, support, temporarily disconnect, relocate in the same street or other public place, or remove from the street or other public place, any property of the grantee when lawfully required by the city by reason of traffic conditions, public safety, street vacation, freeway and street construction, change or establishment of street grade, installation of sewers, drains, gas or water pipes, or any other type of structures or improvements by the city; but, the grantee shall in all cases have the right of abandonment of its property, subject to city ordinances, and if public funds are available to any utility company for the purpose of defraying the cost of any of the foregoing, such funds shall also be made available to the grantee.
D. The grantee shall, on the request of any person holding a building moving permit issued by the city, temporarily raise or lower its wires to permit the moving of buildings, provided:
1. The expense of such temporary raising or lowering of wires is paid by said person, including, if required by the grantee, making such payment in advance; and
2. The grantee is given not less than three (3) business days' advance notice to arrange for such temporary wire changes.
E. The grantee shall have the authority to trim trees overhanging any streets in the franchise area so as to prevent branches from coming in contact with the grantee's wires and cables, except that at the option of the city, such trimming may be done by it or under its supervision and direction at the grantee's expense.
F. Subject to any applicable state or federal regulations or tariffs, the city shall have the right to make additional use, for any public purpose, of any poles or conduits controlled or maintained exclusively by or for the grantee in any street, provided: 1) such use by the city does not interfere with the use by the grantee; and 2) the city holds the grantee harmless against and from all claims, demands, causes of actions, suits, actions, proceedings, damages, costs or liabilities of every kind and nature whatsoever arising out of such use of said poles or conduits. (Ord. 2008-04, 10-14-2008, eff. 10-14-2008)