(A) Interference with persons and improvements. The 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 any improvements the county, Commonwealth, and cities may deem proper to make, or unnecessarily hinder or obstruct the free use of the streets, alleys, bridges, easements or public property.
(B) Minimum interference with public ways. All transmission and distribution structures, lines and equipment erected by the company within the county 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 or reasonable convenience of property owners who adjoin any of the streets, alleys or other public ways and places.
(C) Restoration to prior condition. In case of any disturbance of pavement, sidewalk, driveway or other surfacing, the company shall, at its own cost and expense and in a manner approved by the Board, replace and restore all paving, sidewalk, driveway, landscaping, or surface of any street or alley disturbed, in as good condition as before the work was commenced and in accordance with standards for such work set by the Board.
(D) Erection, removal, and common uses of poles.
(1) No poles or other wire-holding structures shall be erected by the company without prior approval of the Cable Board with regard to location, height, types, and any other pertinent aspect. However, no location of any pole or wire-holding structure of the company shall be a vested interest and such poles or structures shall be removed or modified by the company at its own expense whenever the Board determines that the public convenience would be enhanced thereby.
(2) Where poles or other wire-holding structures already existing for use in serving the county are available for use by the company, but it does not make arrangements for such use, the Board may require the 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 the company are just and reasonable.
(3) Where the county, city or a public utility serving the county desires to make use of the poles or other wire-holding structures of the company, but agreement thereof with the company cannot be reached, the Board may require the company to permit such use for such consideration and upon such terms as the Board shall determine to be just and reasonable, if the Board determines that the use would enhance the public convenience and would not unduly interfere with the company's operations.
(E) Relocation of the facilities. In the event that at any time during the period of this franchise, the Commonwealth, county or city shall lawfully elect to alter or change the grade of any street, alley or other public way, the company, upon reasonable notice by the proper municipality, shall remove or relocate as necessary its poles, wires, cables, underground conduits, manholes and other fixtures at its own expense.
(F) Cooperation with building movers. The company shall, on the request of any person holding a building moving permit issued by the county or city, 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 the company shall have the authority to require such payment in advance. The company shall be given not less than 48 hours advance notice to arrange for such temporary wire changes.
(G) Tree trimming. The 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 Board. Regardless of who performs the work requested by the company, the company shall be responsible, shall defend and hold the county 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.
(Ord. 450.1, passed 12-4-80)