(A) The grantee'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 the rights or reasonable convenience of property owners who adjoin any of the public streets and public ways, or interfere with any improvements the municipality may make, or hinder or obstruct the free use of the streets, alleys, bridges, easements or public property.
(B) Erection, removal and common uses of poles.
(1) No poles or other wire-holding structures shall be erected by the grantee without prior approval of the municipality with regard to location, height, types, and any other pertinent aspect. However, no location of any pole or wire-holding structure of the grantee shall be a vested interest and such poles or structures shall be removed or modified by the grantee at its own expense whenever the municipality determines that the public convenience would be enhanced thereby.
(2) Where poles or other wire-holding structures already existing for use in serving the municipality are available for use by the grantee, but it does not make arrangements for such use, the municipality may require the grantee 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 grantee are just and reasonable.
(3) Where the municipality or a public utility serving the municipality desires to make use of the poles or other wire-holding structures of the grantee, but agreement thereof with the grantee cannot be reached, the municipality may require the grantee to permit such use for such consideration and upon such terms as the municipality shall determine to be just and reasonable, if the municipality determines that the use would enhance the public convenience and would not unduly interfere with the grantee's operations.
(C) If at any time during the period of the franchise the municipality shall elect to alter, or change the grade of any public street or other public ways or utilities, the grantee, upon reasonable notice by the municipality, shall promptly remove or relocate as necessary its poles, wires, cables, underground conduits, manholes and other fixtures at its own expense.
(D) The grantee shall, on the request of any person holding a building moving permit issued by the municipality, 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 grantee shall have the authority to require such payment in advance. The grantee shall be given not less than 48 hours advance notice to arrange for such temporary wire changes.
(E) The grantee shall not use road cuts for the laying of cable or wires without the prior approval of the municipality. Any cabling placed beneath a public street shall be buried in conduit.
(F) The right of the grantee to use and occupy the public streets and public ways shall not be exclusive. The municipality reserves the right to grant any right or use of such public streets or public ways to any person at any time during the term of the franchise or any other franchise subsequently granted to any other person.
(G) If any public street or public way or portion thereof used by the grantee shall be vacated by the municipality, or the use thereof is discontinued by the municipality or the grantee, during the term of the franchise, then the grantee shall forthwith at its sole cost and expense remove its facilities therefrom unless specifically permitted to continue to use the same and, on the removal thereof, the grantee shall restore, repair, or reconstruct the public street or public way in accordance with the specifications and requirements found in Appendix A. In the event of any failure, neglect, or refusal by the grantee, after 30 days written notice from the municipality to repair, improve, or maintain such public street or public way, the municipality may, but shall be under no obligation to, conduct such work, or cause it to be conducted, and the actual cost thereof shall be paid by the grantee in the time and manner as directed by the municipality. Collection may be made by resort to the letter of credit or cash security deposit established pursuant to § 110.025 of this chapter, or by court action, or otherwise.
(Ord. 2000-10, passed 4-10-00)