(A) All transmissions and distribution structures, lines and equipment erected by the franchisee within the city shall be so located as to cause minimum interference with the proper use of streets, alleys and other public ways and places and to cause minimum interference with the rights and reasonable convenience of property owners who adjoin any of said streets, alleys or other public places. The cable communications system shall be constructed and operated in compliance with all adopted local and national construction and safety codes.
(B) The installation of the cable communications system shall be in accordance with all applicable laws, codes, ordinances, rules and regulations of the Commonwealth of Kentucky and the city affecting electrical installations and buildings, now or hereafter in effect.
(C) Except when absolutely necessary to service a subscriber and not simply because it shall be more convenient, economical, or profitable for the franchisee to so operate, and then only when expressly permitted in writing by the City Engineer or the Mayor, under such conditions as he shall prescribe for the public welfare, the franchisee shall not erect or authorize or permit others to erect any poles or other facilities within the streets of the city for conduct of its cable communications system, but shall use the existing poles and other equipment of the appropriate electrical power and telephone or other utility companies under such terms and agreements as the franchisee shall negotiate with these companies. The franchisee shall use its best efforts to insure that the terms and agreements between the franchisee and any utility company are concluded in a reasonable time with no unnecessary delay.
(D) Franchisee shall not locate any of its property above-ground in any area between the rear wall of any residence and the street, whether on private property or public right of way. If franchisee shall in any case be unable, for operational reasons only, to locate any property underground, the City Council may permit a limited amount of such property in front of a residence upon such terms and conditions as the Council may require.
(E) The franchisee may trim trees which infringe upon easements, rights-of-way, or streets of the city to prevent the trees from coming in contact with the cable communications system.
(F) The franchisee shall at its expense, protect, support, temporarily disconnect, relocate or remove any property of the franchisee located on streets, public places, rights-of-way and easements of the city, when required by the City Council because of traffic conditions, public safety, street vacation, freeway and street construction, change or establishment of street grade, installation of sewers, drains, water pipes, power lines, signal lines, and tracks or any other type of structures or improvements by the city or the Commonwealth of Kentucky. If the franchisee fails to do so, the city or the Commonwealth of Kentucky may cause the necessary work to be completed and the franchisee shall pay the cost thereof within ten days of receipt of an itemized account of such cost.
(G) Whenever the city of the Commonwealth of Kentucky shall require the relocation or reinstallation of any property of the franchisee in any of the streets or public places of the city, it shall be the obligation of the franchisee upon notice of such requirement to immediately remove and relocate or reinstall said property as may be reasonably necessary at the sole cost of the franchisee.
(H) Whenever, in any place within the city, all or any part of the electric or telephone utilities shall be located underground, it shall be the obligation of the franchisee to locate or to cause its property to be located underground within such places. If the electric or telephone utilities shall be located underground, in any place within the city after the franchisee shall have previously installed its property, nevertheless, the franchisee shall, at the same time or immediately thereafter, remove and relocate its property also underground in such places. If the franchisee shall in case be unable, for operational reasons only, to locate or relocate any part of its property underground, then in that event the City Engineer or the Mayor upon being satisfied as to the facts thereof and subject to the concurrence of the City Council may permit such property to remain above the ground even though other facilities may be placed underground in the area. However, any such permission shall be upon such conditions as the City Council may require for the public welfare. Any facilities of the franchisee placed underground at the property owners request, in an area where electric and telephone facilities are aerial, shall be installed with the additional expense paid by the property owner.
(I) In the case of disturbance of any street caused by the franchisee, the franchisee shall, at its own cost and expense and in a manner approved by the City Engineer or the Mayor, replace and restore such street, in such a condition as before the work involving such disturbance was done.
(J) The franchisee shall upon request temporarily raise or lower its wires to permit the moving of buildings or other things. The expense of such temporary removal or raising or lowering of the wires shall be paid by the person requesting the same and the franchisee shall have the authority to require such payment in advance. The franchisee shall be given not less than 72 hours advance notice to arrange for such temporary wire changes.
(Ord. 92-06, passed 12-17-92; Am. Ord. 93-01, passed 5-20-93)