Streets may be occupied on the following conditions:
A. The company shall locate all structures, lines, equipment and other such property of the company within the city so as to cause minimum interference with the rights and reasonable convenience of property owners whose property adjoins said streets. The cable television system shall be constructed and operated in compliance with applicable construction and electrical codes.
B. The company shall, at its own expense, restore all damage to public and private property which the company disrupts, to as nearly as possible as good a condition as immediately before the property was disrupted.
C. The company shall, at the written request of any person holding a valid building moving permit, temporarily raise or lower its cable to permit the moving of buildings. The expense of such temporary raising or lowering of cable shall be paid by the person requesting the same, and the company may require payment in advance. The company shall be given no less than seventy two (72) hours advance written notice to arrange for such temporary changes.
D. The company shall have the authority to trim trees upon and overhanging streets so as to prevent the branches of such trees from interfering with the property of the company, provided that the city reserves the right to supervise and direct said trimming efforts of the company.
E. The company shall, to the extent it is economically and technologically feasible, place its cables, wires or other like facilities underground in a particular area, if at any time during the term of the franchise the cables, wires or other facilities of all public utilities in the same area are placed underground.
F. The company shall protect, support, temporarily disconnect, relocate in the same street or other public place, or remove from the street or other public place (all such activity of the company being herein referred to as relocation) property of the company when reasonably required by the city by reason of traffic conditions, public safety, street construction, change or establishment of street grade, installation of sewers, drains, water pipes, power lines and tracks or structures or improvements by public agencies.
G. If public funds are available to any utility company for the purpose of defraying the cost of any of the foregoing, such funds shall also be made available to the company.
H. Subject to any applicable state or federal regulations or tariffs, the city shall have the right to make additional use, for any public purpose, of any poles or conduits controlled or maintained exclusively by or for the company in any street, provided such use by the city does not interfere with the use by the company. The city hereby holds the company harmless against and from all claims, demands, causes of actions, suits, actions, proceedings, damages, costs or liabilities of every kind and nature whatsoever arising out of such use of said poles or conduits. (Ord. A-408, 5-2-1982)