(A) All transmission and distribution structures, lines and equipment erected by the grantee within the city shall be located so as not to interfere with the proper use of streets and places, and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin any of the said streets and places, and not to interfere with existing public utility installations. The energized cable may be located underground or on existing public utility poles.
(B) In the case of any disturbance of pavement, sidewalk, driveway, or other surfacing the grantee shall, at its own expense, and in the manner approved by the city, replace and restore all paving, sidewalk, driveway or other surface of any street disturbed. When wires or other equipment are placed underground on private property the land surface, including plantings and trees, shall be restored substantially to its previous condition.
(C) If at any time during the period of franchise the city shall lawfully elect to alter, or change the grade or location of any street, grantee shall, upon reasonable notice by the city, remove, relay and relocate its wires, cables, and underground conduits, manholes and other fixtures at its own expense, and in each instance comply with the requirement of the city.
(D) The grantee shall not place conduits or other fixtures above or below ground where the same will interfere with any gas, water hydrant or other fixtures placed in any street and shall be so placed as to comply with all ordinances of the city.
(E) The grantee may be required by the city to permit joint use of its property and appurtenances located in the streets by utilities insofar as such joint use may be reasonably practicable and upon payment of reasonable rental therefor; provided that in the absence of agreement regarding such joint use, the City Council shall provide for arbitration of the terms and conditions of such joint use and the compensation to be paid therefrom, which award shall be final.
(F) The grantee shall, on request of any person holding a moving permit issued by the city, temporarily move its wires or fixtures to permit the moving of buildings, the expense of such temporary removal, to be paid by the person requesting the same, and the grantee shall be given not less than 48 hours advance notice to arrange for such temporary changes.
(G) The grantee shall have the authority to trim any trees upon and overhanging the streets and public places of the city so as to prevent the branches of such trees from coming in contact with the wires and cables of the grantee, except that at the option of the city, such trimming may be done by it, or under its supervision and direction, at the expense and liability of the grantee.
(H) Following grantee’s commencement of service through and over its CATV system, grantee shall promptly remove from the streets where its properties are located all or any part of the facilities so located when one or more of the following conditions occur:
(1) If grantee ceases to provide a substantial amount of the services required in this chapter for a continuous period of six months from the date of said occurrence;
(2) If grantee fails to construct said cable system as hereinabove and hereafter provided;
(3) The franchise is terminated or revoked pursuant to notice as provided herein. Provided that grantee shall be entitled to receive notices in writing from the city delivered to the local office of the grantee setting forth one or more of the occurrences hereinabove enumerated or such other occurrence, and shall have 30 days in which to cure such complaint or to submit a plan acceptable to the grantee for the cure of such complaint.
(Ord. 94-0-6, passed 9-12-94)