A. Use of the rights-of-way to provide cable service and operate a system must not be inconsistent with the terms and conditions by which such rights-of-way were created or dedicated and is subject to all legal requirements related to the use of such rights-of-way.
B. The City may adopt and enforce a right-of-way ordinance and all grantees shall be subject to such right-of-way ordinance. To the extent that rights, duties and obligations regarding the use of rights-of-way are specifically addressed in a franchise, such franchise terms shall prevail over any conflicting provisions of a right-of-way ordinance. The terms of this chapter shall be subordinate to any conflicting provisions of a right-of-way ordinance. A grantee shall not, through adoption or amendment of a right-of-way ordinance be subject to additional burdens or obligations with respect to usage of the right-of-way which exceed the burdens on other users of the right-of-way under a right-of-way ordinance.
C. The City may construct, maintain, repair or relocate sewers; grade, pave, maintain, repair, relocate and/or alter any right- of-way; construct, repair, maintain or relocate water mains; or construct, maintain, relocate, or repair any sidewalk or other public work.
D. All system facilities, lines and equipment in the City must be located so as not to obstruct or interfere with the proper use of rights-of-way, alleys and other public ways and places, and cause minimum interference with the rights of property owners who abut any of the said rights-of-way, alleys and other public ways and places, and not interfere with existing public utility installations.
E. Upon request, the grantee shall make available to the City maps, plats, and permanent records of the location of all facilities in the right-of-way.
F. If the City alters, or changes the grade or location of any right-of-way, alley or other public way, a grantee shall, at its own expense, upon reasonable notice by City, remove and relocate poles, wires, cables, conduits, manholes and other system fixtures, and in each instance comply with the standards and specifications of City. If City reimburses other occupants of the right-of-way, the affected grantee will be likewise reimbursed.
G. A grantee shall not place poles, conduits, or other system fixtures where the same will interfere with any gas, electric, telephone, water or other utility fixtures and all such poles, conduits, or other fixtures placed in any right-of-way shall be so placed as to comply with all lawful requirements of City.
H. A grantee will, on request of any person holding a moving permit issued by the City, temporarily raise or lower its wires or fixtures to permit the moving of buildings with the expense of such temporary removal to be paid by the person requesting the same, and the grantee will be given no less than ten (10) business days' advance notice to arrange for such temporary changes. A grantee may require payment in advance.
I. A grantee will be liable for the failure to exercise reasonable care during construction, operation or maintenance of a system. (Ord. 2019-03, 1-28-2019)