(A) The grantee shall have the right to construct, erect, operate and maintain in, on along, across, above over and under the streets, alleys, lanes and public places of the town, poles, wires, cables, underground conduits, manholes and-other conductors and fixtures necessary for the maintenance and operation in the town of a cable television system at such locations as are reasonably suitable and convenient for the purposes of the grantee and the town, subject to the lawful exercise of the police power heretofore or hereafter granted to the town by the state General Assembly.
(B) The grantee shall have the right to maintain and operate, subject to the provisions, terms, conditions, and limitations prescribed in this franchise and subject to the lawful exercise of the police power heretofore or hereafter granted to the town by the General Assembly, a Cable Television System as hereinbefore and hereinafter defined on the day this franchise becomes in force and effect.
(C) The grantee shall not erect or install, move, alter, or change the location of any pole, wire, cable, underground conduit, manholes, and any other conductors and fixtures necessary for the maintenance and operation in the town of a Cable Television System in any street, alley, lane, or public place of the town unless prior verbal notice of its intention so to do is given to such department or agency of the town as shall be designed by the Town Administrator or the Town Council and verbal permission is granted by such department or agency. Such permission shall be conditioned upon compliance with the terms, and conditions as will preserve, protect, and promote safety of the public places of the town and will prevent interference with or obstruction of the use of streets, alleys, lanes, and other public places by the town.
(D) When mutually determined to be necessary for the purpose of public safety, the grantee shall erect, install, and maintain on its poles, wires, cables, underground conduits, manholes and other conductors and fixtures necessary for tee maintenance and operation in the public places of the town, such devices to appraise or warn persons using the streets, alleys, lanes, and public places of the existence of such poles, wires, cables, underground conduits, manholes, and other conductors and fixtures necessary for the maintenance and operation in the town of Cable Television System as shall be from time to time prescribed or approved by the department or agency of the town as shall be designated for the purpose by the Town Administrator or Town Council.
(E) The grantee shall have the right to remove, trim, cut, and keep clear of its poles, wires, cables, underground conduits, manholes, and other conductors and fixtures necessary for the maintenance and operation in the town of a cable Television System, the trees in and along the streets, alleys, lanes, and other public places of the town, but in the exercise of such right, the grantee shall not cut or otherwise injure trees to any greater extent than is reasonably necessary for the erection, installation, maintenance, and use of such poles, wires, cables, underground conduits, manholes, and other conductors and fixtures necessary for the maintenance and operation in the town of a Cable Television System. The grantee shall not trim, cut, or remove any tree from any street, alley, lane, or other public place unless prior verbal notice of its intention so to do is given to such department or agency of the town as shall be designated by the Town Administrator or Town Council and verbal permission is granted by such department or agency, except in cases of emergency or when such requirement is waived by such department or agency.
(F) The grantee in exercise of any right granted to it by this franchise shall reconstruct, replace, restore, or repair any street, alley, lane, or public place, and any sewer, gas, or water main, or pipe, or electric fire alarm, police communication, or traffic control facility of the town, which may be damaged, distributed or destroyed by the exercise of any such right, in a manner, with such materials, and to the satisfaction of such departments or agency of the town shall be designated by the Town Administrator or Town Council. The town shall reserve the right to determine whether the grantee has properly complied with the provisions of the paragraph and in the event it is determined that the grantee has failed to do so, the town shall have the right to carry out such provisions, and the grantee shall reimburse the town in full for all expenses incurred by the town in carrying out all or part of such provision.
(G) The grantee agrees that the provisions, terms, conditions, and limitations prescribed in this franchise shall be applicable in all respects to the use of streets, alleys, lanes, and public places situated in any territory annexed to the town or which may otherwise become a part of the town through extension of its corporate boundaries, and to the acquisition, erection, maintenance, and use for the said purpose of the grantee, of poles, towers, wires, appliances, conduits, subways, manholes, cable fixtures, facilities, and appurtenances of the grantee in such streets, alleys, and public places and the grantee shall have the same rights and privileges with respect thereto as are granted by this franchise for the use of streets, alleys, lanes, and public places of the town, regardless of the provisions of any franchise or other authority, public or private granted by any county or other town or of or by any deed or other instrument, and regardless of any limitations upon the expiration thereof fixed in such franchise, authority, deed, or instrument; and the right and privilege to use such streets, alleys, lanes, and public places and to acquire, erect, maintain, and use such property in such streets, alleys, lanes, and public places shall expire or terminate with the expiration or termination of this franchise.
(H) This franchise authorizes only the use of town streets, alleys, lanes, and other public ways and public places as hereinbefore set out for the operation of a CATV system and does not take the place of any other franchise, license, or permit which might be required by law of the grantee.
(Ord. 95-04, passed 2-14-95)