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 streets, alleys and other public ways and places, and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin any of the said streets, alleys or other public ways and places, and not to interfere with existing public utility installations. All service lines shall be underground in those areas of the municipality where either of the public utilities providing telephone or electric service are underground at the time of installation. The company may install its service aboveground if, but only if, underground installation is technically impossible and economically infeasible. If, subsequently, the telephone or electric utility facilities go underground, the affected facilities of the company shall go underground simultaneously.
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 the municipal ordinances or policies, replace and restore all paving, sidewalk, driveway or other surface of any street or alley disturbed. 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 reasonable notice 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.
D. The company shall not place system facilities above or below ground where the same will interfere with any gas, electric, telephone fixtures, water hydrants or other utility, and all such poles, conduits or other fixtures placed in any street shall be so placed as to comply with all ordinances of the municipality.
E. The company may be required by the municipality to permit joint use of its system facilities located in the streets, alleys or other public rights of way of the municipality by utilities insofar as such joint use may be reasonably practicable and upon payment of reasonable rental therefor; provided, that in the absence of agreement regarding such joint use, the corporate authorities shall provide for arbitration of the terms and conditions of such joint use and the compensation to be paid therefrom, which award shall be final.
F. 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 by the person requesting such removal, and the company shall be given not less than forty eight (48) hours' advance notice to arrange for such temporary changes.
G. The company shall have the authority, except when in conflict with existing municipal ordinances, to trim any trees upon and overhanging public rights of way so as to prevent the branches of such trees from coming in contact with system facilities, except that at the option of the municipality, such trimming may be done by it, or under its supervision and direction, at the expense of the company.
H. 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, a police and fire system and emergency services disaster agency, on the condition that such equipment does not interfere with the company's establishment, construction, operation and maintenance of the system.
I. 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, 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" and the like, shall be interpreted to include the company. The company shall not be required to install cable to service areas where the required easements are not reasonably obtainable. (Ord. 1000, 4-8-1985)