(a) Subject to the village’s approval, the grantee shall have the right to erect and maintain its own poles at locations as it may find necessary for the proper construction and maintenance of the cable system. Approval shall be procured by the grantee from the Property Village Department providing for the erection of said poles. Such approval shall not be unreasonably withheld.
(b) The grantee’s transmission and distribution system poles, wires and appurtenances shall be located, erected and maintained so as not to endanger or interfere with the lives of persons or to interfere with any improvements the village may deem properly to make or to unnecessarily hinder or obstruct the free use of streets, alleys, bridges, sidewalks, or any other public property. Removal or relocation of poles or equipment when necessary to avoid such interference shall be at the grantee’s expense.
(c) Construction and maintenance of the system shall be performed in an orderly and workmanlike manner. The grantee shall at all times comply with the National Electrical Code and such applicable ordinances and regulations of the village affecting electrical and structural installations which may be presently in effect or changed by future ordinance.
(d) All installations of cable distribution facilities shall be of a permanent nature, durable, installed in accordance with good engineering practice, and of such sufficient height to comply with all existing village regulations, ordinances and state laws, so as not to interfere with the right of the public or an individual property owner, and shall not interfere unduly with the travel and use of public places by the public during the construction, repair or removal thereof, and shall not unduly obstruct or impede traffic.
(e) The grantee shall maintain its system so that cables, wires, poles and other facilities shall conform to the pattern of existing public utility cables, wires, poles and other facilities, subject to the right of the village to require relocation, either overhead or underground, of such cables, wires, poles and other facilities when the village determines that such relocation is necessary and in the public interest, but not for arbitrary and capricious reasons. Any such relocation shall be at the grantee’s expense unless the utilities are compensated for such relocation, in which case the grantee shall be similarly compensated.
(f) The grantee shall maintain its system so that poles and other structures of public utilities which are available shall be used to the extend practicable to minimize interference with travel. Before placing or setting new poles, the grantee shall file notice of such intention with the village and specify the location, height and dimensions of the poles and notify affected residents whose property may be disturbed. The construction shall not be commenced until the specifications have been submitted to the appropriate village agency and the grantee has received its written approval, which shall not be unreasonably withheld or delayed.
(g) Whenever, by reason of the construction, repair, maintenance, relocation, widening, raising or lowering of any grade; the vacation of any street by the village or by the location or manner of construction, reconstruction, maintenance or repair of any public property, structure or facility by the village; or any public improvement, municipality owned or operated utility services or pursuant to any plan adopted by the village, or any public improvement, municipally owned or operated utility services or pursuant to any plan adopted by the village for rehabilitating any section of the village, it shall be deemed necessary by the village for the grantee to move, relocate, change, alter or modify any of its facilities or structures, such change, relocation, alteration or modification shall be promptly made by the grantee. Any such relocation shall be at the grantee’s expense unless the utilities are compensated for such relocation, in which case the grantee shall be similarly compensated. In the event the grantee, after such notice, fails or refuses to commence, pursue or complete such relocation work within a reasonable time, the village shall have the authority, but not the obligation, to remove or abate such structures or facilities and require the grantee to pay to the village the cost of such relocation, alteration or modification. If the grantee fails to complete, in a timely manner, any relocation requested by the village and the village incurs any costs resulting from such delay, the grantee shall be liable to the village for such costs.
(h) The grantee shall, upon request of any person holding a building moving permit or permit to move oversize loads issued by the village, temporarily raise or lower its wires to permit the moving of buildings or oversize loads. The expense of such temporary removal or raising or lowering of the 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 seven days advance notice to arrange for such temporary changes.
(i) The grantee shall have the authority to trim trees upon and overhanging the streets of the village so as to prevent the branches of such trees from coming in contact with the grantee’s wires and cables.
(Ord. 9-97, passed 8-11-1997)