(A) Generally. All installations shall be underground in those areas of the town where public utilities providing telephone and electric service are underground at the time of installation. In areas where either telephone or electric utility facilities are above ground at the time if installation, the grantee may install its service above ground, provided that, at the time as those facilities are required to be placed underground by the town or are placed underground, the grantee shall likewise place its services underground without additional cost to the town or to the individual subscriber so served. Where not otherwise required to be placed underground by this chapter or the franchise agreement, the grantee’s system shall be located underground at the request of the adjacent property owner, provided that the excess cost over the aerial location shall be borne by the property owner making the request. All new cable passing under the roadway shall be installed in conduit no less than 18 inches from the top of the conduit to the surface of the ground.
(B) Interference with persons, improvements, public and private property, and utilities. The grantee’s system and facilities, including poles, lines, equipment, and all appurtenances, shall be located, erected, and maintained so that the facilities shall:
(1) Not endanger or interfere with the health, safety, or lives of persons;
(2) Not interfere with any improvements the town, county, or state may deem proper to make;
(3) Not interfere with the free and proper use of public streets, alleys, bridges, easements, or other public ways, places, or property, except to the minimum extent possible during actual construction or repair;
(4) Not interfere with the rights and reasonable convenience of private property owners, except to the minimum extent possible during actual construction or repair; and
(5) Not obstruct, hinder, or interfere with any gas, electric, water, or telephone facilities or other utilities located within the town.
(C) Restoration to prior condition. In case of any disturbance of pavement, sidewalk, driveway, or other surfacing, the grantee shall, at its own cost and expense and in a manner approved by the town, replace and restore all paving, sidewalk, driveway, landscaping, or surface of any street or alley disturbed, in as good a condition as, or better than, before the work was commenced and in a good workmanlike, timely manner in accordance with standards for the work set by the town. The restoration shall be undertaken within no more than ten days after the disturbance is incurred and shall be completed as soon as possible thereafter.
(D) Relocation of the facilities. In the event that at any time during the period of this franchise the town, county, or state shall lawfully elect to alter or change the grade of any street, alley, or other public ways, the grantee, upon reasonable notice by the proper authority, shall remove or relocate as necessary its poles, wires, cables, underground conduits, manholes and other fixtures at its own expense.
(E) Cooperation with building movers. The grantee shall, on the request of any person holding a building moving permit issued by the Murphy Department of Transportation, temporarily raise or lower its wire to permit the moving of buildings. The expense of the 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 the payment in advance. The grantee shall be given not less than 15 working days advance notice to arrange for the temporary wire changes.
(F) Tree trimming. The grantee shall have the authority, except when in conflict with existing town ordinances, to trim any trees upon and overhanging public rights-of-way so as to prevent the branches of the trees from coming in contact with system facilities, except that at the option of the town, the trimming may be done by it, or under its supervision and direction, at the expense of the grantee.
(G) Easements. All necessary easements over and under private property shall be arranged for by the grantee.
(H) Work within right-of-way. Consistent with the town’s policy for temporary street closings, the closing of any part of a publicly maintained street or right-of-way must be approved by the town manager. During repairs or improvements, traffic on streets must be maintained. Where full closing of the street is required, the request for approval must be submitted to the town manager at least ten days in advance. All closings are to be protected and signed in accordance with the town’s Work Area Traffic-Control Policy.
(I) Removal of town property. No town property is to be removed from a right-of-way, including signing on utility poles, without proper permission from the Town Manager.
(Ord. passed 10-13-1998) Penalty, see § 111.999