(A) There is hereby granted the further right, privilege and authority to a grantee to 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, permits and franchises within the town 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 state.
(B) The installation of lines, including service drops to subscribers, shall be made underground in areas where telephone and power lines are underground. Such underground installation shall be made through use of conduits, openings, pipes, cables or other installations which have already been made by such other utilities and without staking new excavations or taking up or disturbing any pavement, sidewalks or other improvements of any street, except to the extent that the same is absolutely necessary to install service drops to subscribers, and such installation shall be done in a manner approved by the town’s designated agent upon providing proof that owner or owners of such property to which new excavation is required has authorized same. Where individual service drops are installed, proof of owner(s) authorization need not be submitted to the town’s designated agent, but such proof must be maintained in the grantee’s records for the term of the franchise.
(C) The grantee shall, at its expense, protect, support temporarily, disconnect, relocate in the same street or other public place or remove from the street or other public place, any property of the grantee when required by the town or state by reason of traffic conditions, public safety, street vacation, freeway and street construction change or establishment of street grade, installation of sewer, water pipes, power lines, signal lines or any other type of structures or improvements and the town and state shall be liable for any disturbance of the grantee’s installation resulting therefrom, all at the grantee’s expense. The grantee shall carry out the instructions and directions of the town’s designated agent and Department of Transportation Engineer whenever it is necessary to raise or remove any of the grantee’s wires or cable temporarily, for the purpose of moving and removing buildings or structures on the public and private streets of the town and shall perform such tree trimming or other maintenance work as shall be required or as shall be directed by the town or Department of Transportation.
(D) Wherever a grantee takes up or disturbs any pavements, sidewalk or other improvement of any street, the same shall be replaced with the surface restored in as good condition as before entry, all in accordance with Department of Transportation regulations. The condition of such replacement and restoration shall be guaranteed for a period of one year following completion of such work and in the event any such work shall fail within said period of one year, it shall again be replaced. Any opening or obstruction in the street shall be guarded and protected in accordance with Department of Transportation regulations.
(Ord. passed 5-9-1983)