(A) The grantee’s use of existing poles or conduits belonging to the City of Schuyler, or the erection or construction of new poles or conduits shall be governed by a separate pole use agreement. The city shall have the right to make additional use, for any public or municipal purpose, of any poles or conduits controlled or maintained exclusively by or for grantee in any street, provided the use by city does not interfere with the use by grantee. The city shall indemnify and hold harmless grantee against and from any and all claims, demands, causes of actions, actions, suits, proceedings, damages, costs, or liabilities of every kind and nature whatsoever arising out of the use of grantee’s poles or conduits.
(B) All wires, conduits, cables, and other property and facilities of the grantee shall be so located, constructed, installed and maintained as not to endanger or unnecessarily interfere with the usual and customary trade, traffic, and travel upon the streets or public places of the city. The grantee shall keep accurate maps and records of all its facilities and furnish copies of the maps and records as requested by the city.
(C) In the event that at any time during the period of this franchise, the city shall lawfully elect to alter or change the grade of any street, alley, or other public way, the grantee upon reasonable notice by the city shall remove, relay, and relocate its poles, wires, cables, under ground conduits, manholes, and other television conductors and fixtures at its own expense.
(D) The grantee shall, on the request of any person holding a building moving permit, temporarily raise or lower its wires to permit the moving of the building. 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.
(E) The grantee at its own cost and expense and in the manner approved by the city shall replace and restore all paving, sidewalks, driveways, or surface of any street or alley disturbed, in as good condition as before the work was commenced and shall maintain the restoration in an improved condition for a period of one year from the date of making same. Failure of the grantee to replace or restore the paving, sidewalk, driveway, or surface of any such street or alley within 48 hours after completion of the grantee’s work shall authorize the city to cause the proper restoration to be made and the expense thereof to be charged to the grantee which shall be paid by the grantee upon demand by the city.
(F) The grantee shall have the authority to trim trees upon and over hanging streets, alleys, sidewalks, and other public places of the city so as to prevent the branches of the trees from coming in contact with the wires and cables of the grantee. The grantee shall make every effort to preserve the esthetic beauty and viability of any trees trimmed. All trimming to be done under the supervision and direction of the city and at the expense of the grantee.
(1972 Code, § 10-740) (Ord. 638, passed 4-15-1980)