(a) Use of public rights-of-way. For the purpose of operating and maintaining a cable system in the town, the franchisee may erect, install, construct, repair, replace, reconstruct and retain in, on, over, under, upon, across and along the public streets and ways within the town such wires, cables, conductors, ducts, conduits, manholes, amplifiers, appliances, pedestals, attachments and other property and equipment as are necessary to the operation of the cable system; provided, however, that franchisee complies with all design, construction, safety, and performance provisions contained in this code, the franchise, and other applicable local ordinances.
(b) Term of franchise. The term of the franchise shall commence upon execution of the franchise by the town and the franchisee, unless otherwise provided in the franchise agreement, and shall continue for a period specified in the franchise, unless sooner terminated as provided herein.
(c) Franchise required. No cable system shall be allowed to occupy or use the public rights-of-way without a franchise.
(d) Right of condemnation reserved. Nothing in this code or the franchise shall limit any right the town may have to acquire by eminent domain or otherwise any property of franchisee; provided, however, that any such acquisition shall be for a price that values the franchisee's property as allowed by law.
(e) Town's right to perform public works. Nothing in this code shall be in hindrance to the right of the town or any governmental authority to perform or carry on, directly or indirectly, any public works or public improvements of any description. Should the cable system in any way interfere with the construction, maintenance or repair of such public works or public improvements, the franchisee shall, at its own cost and expense, protect or relocate its cable system, or part thereof, as reasonably directed by the town officials or any governmental authority.
(f) Emergency removal of plant. If at any time, in case of an emergency, fire or disaster in the town, it shall become necessary in the reasonable judgment of the town to cut or move any of the wires, cables, amplifiers, appliances or appurtenances of the cable system, the town shall have the right to do so at the sole cost and expense of franchisee. However, the Town shall make all reasonable efforts to contact the franchisee prior to any cutting or moving of wires, cables, amplifiers, appliances, or appurtenances of the cable system, and if possible, in the Town's reasonable discretion, to allow the franchisee to perform any cutting or moving of the cable system wires, cables, amplifiers, appliances, or appurtenances. The franchisee shall bear all costs of reinstallation, repair, and other costs resulting from or arising out of the emergency cutting or removal of the cable system; provided, however that in the event it is determined that an emergency, fire, or disaster did not exist then the cost of such removal and reinstallation shall be borne by the town.
(g) Removal or abandonment. Upon termination of the franchise, at the request of the Town the franchisee shall remove its cable system from the public rights-of-way and shall restore any property, public or private, to its original condition prior to the installation, erection, or construction of the cable system. Restoration of town property, including, but not limited to, the public rights-of-way, shall be in accordance with the directions and specifications of all affected departments and agencies of the town, and all applicable law. The franchisee shall accomplish such restoration at its expense. If such removal and restoration is not completed within twelve (12) months after notice by the town delivered in writing to franchisee, all of the franchisee's property remaining in the affected public rights-of-way shall, at the motion of the town, be deemed abandoned and shall, at the motion of the town, become the property of the town. In the event the franchisee fails or refuses to remove its system or to satisfactorily restore all areas to as reasonably as close of condition in which they existed prior to the original construction of the system, the town, at its option, may perform such work and collect the cost thereof from the franchisee.
(h) Time is of the essence to this code. Whenever the code shall set forth any time for any act to be performed by or on behalf of the franchisee, such time shall be deemed to be of the essence, and any failure of the franchisee to perform within the time allotted shall be sufficient ground for the town to invoke any applicable provision of the code and franchise agreement.
(i) No waiver of rights. No course of dealing between the franchisee and the town nor any delay on the part of the town in exercising any rights hereunder shall operate as a waiver of any such rights of the town or acquiescence in the actions of the franchisee in contravention of the town's rights, except to the extent expressly waived by the town or expressly provided for in the franchise.
(Ord. 94-05, passed 12-14-94)