A. No transmission or distribution structures, lines and equipment shall be installed or erected by the grantee within the city until the plans and specifications therefore have been prepared, submitted to and approved by the city council. The grantee shall periodically supply to the city of Spirit Lake, revisions to the map of the grantee's system, with the understanding that the exact location of an underground line will by necessity have to be determined by an actual "locate" request before excavation should be authorized.
B. All structures, lines and equipment erected by the grantee within the city shall be so located as to cause minimum interference with the proper use of streets, alleys, easements and other public ways and places and to cause minimum interference with the rights or reasonable convenience of property owners, and grantee shall comply with all reasonable, proper and lawful policies, practices and ordinances of the city now or hereafter in force. Existing poles, posts, conduits and other such structures of any electric power system, telephone company, public utility, or other cable television system located in the city shall be made available to grantee by mutual agreement for leasing or licensing upon reasonable terms and rates and shall be used to the extent practicable in order to minimize interference with travel and avoid unnecessary duplication of facilities. Grantee shall make all arrangements and bear the costs for agreements, leasing or licensing directed in this subsection.
C. In case of any disturbance by grantee of roads, pavement, sidewalk, driveway or other surfacing, grantee shall, at its own cost and expense and in a manner approved by the city, replace and restore all roadways, paving, sidewalk, driveway or surface so disturbed in as good a condition as before said work was commenced.
D. In the event that at any time during the period of this franchise the city shall lawfully elect to alter or change any street, alley, easement, sewer, drain, water line or other public way requiring the relocation of grantee's facilities, then in such event, grantee, upon reasonable notice by the city, shall remove, relay and relocate the same at its own expense.
E. Grantee shall, on the request of any person holding a building moving permit, issued by the city, temporarily raise or lower its lines to permit the moving of the building. The expense of such temporary removal shall be paid by the person requesting the same, and grantee shall have the authority to require such payment in advance.
F. Grantee shall have the authority to trim trees upon and overhanging all streets, alleys, easements, sidewalks and public places of the city so as to prevent the branches of such trees from coming into contact with grantee's facilities. Any debris resulting from subject trimming shall be removed by and at the expense of the grantee. All tree trimming allowed under this chapter shall be under the supervision of a certified arborist.
G. All poles, lines, structures and other facilities of grantee in, on, over and under the streets, sidewalks, alleys, easements and public grounds or places of the city, shall be kept by grantee at all times in a safe condition.
H. Grantee shall provide a minimum service level of ten (10) channels, at least nine (9) of which shall be included in the basic service. Additionally, the system installed by grantee shall have the capacity for at least thirty six (36) channels. (Ord. 468, 6-10-2003)