(A) The grantee acquiring this franchise shall have the right and privilege of constructing, erecting, operating and maintaining a cable television system, equipment and apparatus, upon, through, along, under and over the roads within the territorial limits of the city; subject to the provisions hereof and to all powers (including police power) inherent in, conferred upon or reserved to said government.
(B) (1) No pavements, sidewalks, curbs, gutters, or other such road installations shall be disturbed and no excavation in any of the said roads will be made, except with the written permission of the government and all equipment and apparatus shall be located in such portion of said roads as may be designated by the government.
(2) When an emergency arises which requires immediate repair, the grantee may disturb or excavate a road without first obtaining written permission from the government, provided that the government is notified in writing of said repair within five (5) days. This notification shall include at least the time, date, location and extent of excavation or other work performed.
(3) When the grantee enters upon any road for the purpose of constructing, erecting, operating, maintaining, and/or removing equipment and apparatus, it shall prosecute the work, at its own cost and expense, with due diligence and shall dig and close up all trenches and exposed places as rapidly as possible, and shall leave the roads in the same condition as when it entered the same for said purpose or purposes. All such shall be maintained by the company for one (1) year in as good condition as the remainder of said road. In the event the grantee fails, refuses or neglects to comply with the above provisions, the government shall have the right, notwithstanding any other provision of this chapter, after notice in writing having first been given to the grantee, or any officer or agent representing it, to do said work or make said repairs, and the cost and expense thereof shall be paid to the government by the grantee within ten (10) days from the date on which an itemized bill is presented to the grantee.
(4) In the construction or reconstruction or maintenance or removal of any of said equipment and apparatus, the grantee shall have due regard for the rights of the government and others, and shall not interfere with, or in any way injure the property of the government or others, under, on, or above the ground. The grantee shall comply with all the laws of the Commonwealth of Kentucky and ordinances of the government as to placing lights, barricades, flags, danger signals or warning signs and shall be liable for any and all damage that may arise by reason of its failure or neglect to comply with such ordinances and laws. Work by the grantee hereunder shall be done in a workmanlike manner and so as not to unnecessarily interfere with public use of said roads.
(C) (1) Whenever the government or any of its departments, agencies and/or agents, servants or employees shall grade, regrade, construct, reconstruct, widen or alter any road or shall construct, reconstruct, repair, maintain or alter any other municipal public works (including but not limited to storm sewers, sanitary sewers and street lights) therein, it shall be the duty of the Grantee, after receiving notice by the government, to change, remove, relay and relocate its equipment and apparatus, poles, wires, cables, conduits and other fixtures, in the road at grantee's own expense so as to conform to the established grade or line of such road and so as not to interfere with such municipal public works so constructed, reconstructed or altered.
(C) (2) The grantee shall be given access to the road plans and specifications possession of the Government.
(D) The grantee shall, at the request of any person holding a moving permit issued by the Government, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting the same, and the grantee shall have the authority to require such payment in advance. The grantee shall be given not less than ten (10) days in advance notice to arrange for such temporary wire changes.
(E) The grantee shall have the authority to trim trees upon the overhanging public roads so as to prevent the branches of such trees from coming in contact with the wires and cables of the grantee. Any trimming, removal or other disturbance of trees shall conform to sections, requirements and directives of the city.
(F) In all areas within the territorial limits of the city, where the cables, wires, and other like facilities of public utilities are placed underground, the grantee shall place its cables, wires, or other like facilities underground, provided that such facilities are actually capable of receiving grantee's cable and other equipment without technical degradation of signal quality. If any public utility shall be located underground after the grantee has previously installed its system, the grantee shall at the same time or immediately thereafter remove and relocate its facilities underground to the extent that such removal and relocation is economically feasible and provided that such facilities are actually capable of receiving grantee's cable and other equipment without technical degradation of signal quality.
(G) In addition to the provisions contained in this section, grantee shall comply with all sections pertaining to road occupancy.
(Ord. 1999-13, Passed 11-8-99)