(A) Utilization of existing facilities where possible. The franchisee shall utilize existing conduits and other facilities whenever possible, and shall not construct or install any new, different or additional conduits or other facilities whether on public property or on privately-owned property until approval of the property owner or appropriate governmental authority is obtained. However, the location and installation of any conduit, or other facility by a franchisee shall not create a vested interest, and such structures, or facilities shall be removed, replaced or modified by a franchisee at its own expense whenever the Council or other governmental authority determines that the public interest so necessitates.
(B) Constraints on franchisee installations. All transmission and distribution structures, lines and equipment installed by the franchisee within the town shall be located so as to cause minimum interference with the proper use of streets, alleys and other public ways and places and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin any of the streets, alleys or other public ways or places and where they will not interfere with any gas, electric, telephone, water or other preexisting utility facility.
(C) Compliance to code. All such fixtures in any street or public way shall be placed in full accordance with the standards set forth in the municipal code of the town.
(D) New cable to be underground.
(1) Cable shall be installed underground at the franchisee’s expense. Previously installed aerial cable shall be placed underground in concert with other utilities when both the telephone and electrical utilities convert from aerial to underground construction. The franchisee shall place cable underground in newly platted areas in concert with both the telephone and electric utilities unless this requirement is waived by the town. Equipment shall not be stored on town rights-of-way.
(2) A preconstruction conference with the property owners will be completed prior to commencing any underground construction, and the town shall assist and cooperate in such conferences if necessary. All soil, earth, sod or improvements disturbed by the installation shall be replaced and restored to their original condition. Patching of highways, roads and driveways will be completed in accordance with the specifications promulgated by, and subject to, inspection and approval by town, county or state engineers, as appropriate.
(Ord. 25(1994))