(A) The company's plant and equipment, including the distribution system towers, structures, poles, wires, and appurtenances, shall be installed with materials of good and durable quality and all work involved in construction, installation, maintenance, and repair of the cable system shall be performed in a safe, thorough, and reliable manner.
(B) The company shall erect and maintain said cable and wires pursuant to and in accordance with the provisions of any and all rules and regulations of the town, relating to electrical wire, telephone wires, and cables, which are reasonable and which now are, or hereafter may be, duly adopted by the town.
(C) The company shall also restore any ground or surface disturbed in installation within the town, at its own expense. The company agrees to conform to all orders, rules, and regulations of any and all municipal, state, or federal departments, boards, commissions, and agencies, now existing or hereafter created, affecting said installations, and will, at its own expense and cost, promptly execute and comply with all laws, rules, and regulations and ordinances now in force or hereafter enacted, which will effect the erection of poles and the stringing of wires and cable over, on and along the streets, roadways, sidewalks, or alleys in said service area, and involving and including all structural alterations, changes, or additions of whatever size and description.
(D) The company shall procure, prior to construction and commencement of operation, such permits as are required by law from federal or state regulatory bodies.
(E) The company shall, at the expiration of the term of its franchise, surrender such premises which belong to the town in as good condition as now existing, with the proper allowance and exception for the ordinary and necessary wear and tear. The company will remove any poles which it may erect in the service area.
(F) The company shall have the authority to trim trees upon and overhanging streets, alleys, sidewalks, and public places in the service area so as to prevent the branches of such trees from coming in contact with the wires and cables of the company, all trimming to be done after notification to the town and at the expense of the company. However, said authority shall not be construed in any manner whatsoever to relieve the town of any of its obligations relative to trimming of trees.
(G) (1) The company may lease, rent, or in any other manner obtain the use of towers, poles, lines, cables, and other equipment and facilities from any and all holders of public licenses and franchises within the service area, and to use such towers, poles, lines, cables, and other equipment and facilities, subject to all existing and future ordinances and regulations of the town, and shall indemnify and hold the town harmless for any damages or liability arising out of any of the said leases, rights, or licenses obtained for the use of its facilities.
(2) The company shall have the right to erect, install, and maintain its own towers, poles, guys, anchors, lines, cables, and ducts as may be necessary for the proper construction and maintenance of the cable system, including the right to extend lines and cables to and from other municipalities served by the company's cable television system, provided that poles placed on the town properties shall first have their location approved by the town. Such approval shall be not unreasonably withheld.
(3) The company's distribution system shall be constructed and maintained underground wherever all public utility facilities are underground and whenever hereafter all such facilities are placed underground, the company will remove its cable from poles and place the same underground.
('82 Code, § 25-36-1-1(e)) (Ord. passed 1-22-80)