(A) All system facilities erected, constructed or placed by the company within the municipality shall be located so as not to interfere with the proper use of the public right-of-way and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin any of the public right-of-way and not to interfere with existing municipal or public utility installations. All service lines shall be underground in those areas providing telephone or electrical service underground at the time of installation. In areas where telephone or electric utility facilities are above ground at the time of installation, the company may install its service aboveground. In those areas where telephone and electric utility facilities are both above ground and underground at the time of installation, the company shall install its services underground.
(B) In case of any disturbance of pavement, sidewalk, driveway or other surfacing, the company shall, at its own expense, and in the manner required by applicable municipal ordinances or policies, replace and restore all paving, sidewalk, driveway or other surface of any street or alley disturbed to a condition reasonably comparable to the condition of such paving, sidewalk, driveway or other surface of any street or alley disturbed existing immediately prior to such disturbance. In case of any disturbance on either private or public property, the land surface, including plantings and trees, shall be restored by the company to substantially its previous condition.
(C) If at any time during the period of the franchise the municipality shall lawfully elect to alter or change the grade or location of any street, alley or other public way, the company shall, upon not less than 5 business days’ notice for repairs or 90 days notice for major construction by the municipality, remove, relay and relocate affected system facilities at its own expense, and in each instance comply with the requirements of the municipality; provided, however, the company shall in all cases have the right of abandonment of its property. The company shall be entitled to seek reimbursement of expenses related to such move if provided by state or federal law.
(D) The company agrees to provide 1 channel for use by the municipality, such channel to be shared by municipality and other franchised municipalities in LaSalle and Bureau County areas. The company may make use of any unused program time on such channel subject to the provisions of the Cable Act.
(E) The company shall, on request of any person holding a moving permit issued by the municipality, temporarily move affected system facilities to permit the moving of buildings, the expense of such temporary removal to be paid in advance by the person requesting such removal, and the company shall be given not less than 1-week advance notice to arrange for such temporary moves.
(F) The company shall have the authority, except when in conflict with existing municipal ordinances, to trim any trees upon and overhanging the public right-of-way so as to prevent the branches of such trees from coming in contact with system facilities.
(G) The municipality shall have the right to install and maintain free of charge upon the property of the company its own equipment, including, but not limited to, its police and fire system and emergency services and disaster communications system, on the condition that such equipment does not interfere with the company’s current or future establishment, construction, operation and maintenance of the system. The municipality hereby indemnifies the company against all claims, demands, costs or liabilities of every kind and nature whatsoever, except the negligence of the company, arising out of the municipality’s use of the company’s property, including, but not limited to, reasonable attorneys’ fees and costs.
(H) If the company seeks to construct and maintain its cables and other system facilities on or above public or private property, and an easement for such use has already been granted to a telephone company, or electric or other public utility, said easement shall, if at all possible, be interpreted so as to grant the company the same rights and privileges as have been granted to the telephone and electric companies and other public utilities. In such easements, the words telephone or telephone company, electric company and the like, shall be interpreted to include the company.
(Ord. 1416, passed 5-25-1993)