(A) The grantee shall obtain required permits from the city before commencing construction involving the opening or disturbance of any street or public property. The city shall cooperate with the grantee and use its best efforts in granting any permits required. The grantee shall arrange its lines, cable and other appurtenances, on any street or public property, in such a manner as to cause no unreasonable interference with the usual and customary use of said street or other public property. The grantee shall not trespass on any private property and shall obtain all required licenses, consents, or easements before commencing construction on any private property.
(B) Methods of construction, installation, and maintenance of the grantee’s cable system shall comply with the National Electrical Safety Code to the extent that such Code is consistent with local law affecting the construction, installation, and maintenance of electric supply and communication lines.
(C) Any and all streets or other public property which are disturbed or damaged during the construction, operation or maintenance of the cable system shall be promptly repaired by the grantee, at its expense and to a condition reasonably comparable to its condition prior to the disturbance or damage.
(D) The grantee may cut or trim trees and vegetation owned or controlled by the city and interfering with National Electrical Safety Code and other clearance requirements.
(E) In the event it is necessary temporarily to move or remove any of grantee’s wires, cables, poles, or other facilities placed pursuant to this franchise, in order lawfully to move a large object, vehicle, building or other structure over the streets of the city, upon 30 days’ prior notice by the city to grantee, the grantee shall move at the expense of the person requesting the temporary removal such of his facilities as may be required to facilitate such movement.
(F) The grantee shall at all times take reasonable precautions for preventing failures and accidents which are likely to cause damage or injury to the public, to employees of the grantee, and to public or private property.
(G) All lines, equipment, and facilities within the service area shall at all times be kept and maintained in a safe and suitable condition and in good order and repair. All lines shall either be buried or strung aboveground in accordance with the provisions of division (H) hereof and in no event shall such lines be left to permanently lay along the ground in easement or public right-of-way areas.
(H) In all other cases, the grantee shall be eligible for relocation compensation to the same extent as the city compensates any other utility companies. It is presently agreed and understood that grantor does not compensate utility companies at the present time for relocation expenses within grantor’s right-of-way or easement areas.
(I) All future installations of cable or wires by grantee shall be buried underground; except, however, that in areas where the utility and telephone company, or either of them, utilize aboveground cable or wire to provide their services, grantee may also use aboveground cable or wire to provide its services. In all areas where both the utility and telephone companies have removed their aboveground cable or wire, have removed their poles, and have buried their cable or wire underground, grantee shall also within one year from the date that the utility and telephone companies have taken the foregoing action, be required to bury its cable or wire underground.
(Ord. 94-0-6, passed 9-12-94)