§ 112.23 USE OF STREETS.
   (A)   All transmission and distribution structures, lines and equipment erected by the grantee within the Town shall be so located as to cause minimum interference with the rights and reasonable convenience of property owners who adjoin any of said streets.
   (B)   In case of disturbance of any street or paved area, the grantee shall, at is own cost and expense and in a manner approved by the Town Council, replace and restore such street or paved area in as good a condition as before the work involving such disturbance was done.
   (C)   If, at any time during the period of the franchise, the Town shall lawfully elect to alter or change the grade of any street, the grantee, upon reasonable notice by the Town, shall remove, relay and relocate its poles, wires, cables, underground conduits, manholes and other fixtures at its own expense.
   (D)   Any poles or other fixtures placed in or adjacent to any street by the grantee shall be placed in such manner as to comply with all requirements of the Town.
   (E)   The grantee shall, at the request of any person holding a moving permit issued by the Town, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting the same and the grantee shall have the authority to require such payment in advance. The grantee shall be given not less than 48' hours notice to arrange for such temporary wire changes. The Town or any other non-profit organization, including historical societies, shall be exempt from any such charges.
   (F)   The grantee shall have the authority to trim trees upon and over hanging streets of the Town 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 Town, such trimming may be done by it or under its supervision and direction at the expense of the grantee.
   (G)   In all sections of the Town where the cables, wires or other like facilities of public utilities are placed under ground, the grantee shall place its cables, wires or other like facilities under ground.
   (H)   At the expiration of the term for which the franchise is granted or upon its termination and cancellation as provided for herein, the Town shall have the right to require the grantee to remove, at its own expense, all portions of the cable television system within the Town.
   (I)   In the event that any street, alley, public highway or utility easement or any portion thereof, used by the grantee shall be vacated by the Town or the use thereof discontinued by the grantee during the term of this franchise, the grantee shall forthwith remove its facilities therefrom unless specifically permitted to leave them there, and upon the removal thereof, restore, repair or reconstruct the street area where such removal has occurred in such condition as may be required by the Town. In the event of failure, neglect or refusal of the grantee, after 30 days’ notice by the Town Council to repair, improve or maintain such streets, the Town may do such work or cause it to be done and the cost thereof as found and declared by the Town shall be paid by the grantee and collection may be by court action or otherwise.
   (J)   The grantee shall, whenever possible and practicable, use the poles owned and maintained by the Town and/or the utility company(ies) which service the Town. When the use of such poles is not practicable or satisfactory and rental agreements cannot be entered into with said parties, the grantee shall have the right to erect and maintain its own poles, as may be necessary for the proper construction and maintenance of the television distribution system.
(2005 Code, § 95.11)