(a) Grantee shall not open or disturb the surface of any streets or public property without first obtaining a permit from the Village for which permit the Village may impose a reasonable fee to be paid by Grantee. The lines, conduits, cables and other property placed in the streets, and public property pursuant to such permit shall be located in such part of the street or public property as shall be determined by the Village. Grantee shall upon completion of any work requiring the opening of any streets or public property, restore the same including the pavement and its foundations to as good a condition as formerly and in a manner and quality approved by the Village. Such work shall be performed with diligence and due care and if Grantee fails to perform the work promptly, to remove all dirt and rubbish and to put the street or public property back into the condition required by this chapter, the Village shall have the right to put the streets or public property back into such condition at the expense of Grantee. Grantee shall, upon demand, pay to the Village the cost of such work done.
(b) All wires, conduits, cable and other property and facilities of Grantee shall be so located, constructed, installed and maintained as not to endanger or unnecessarily interfere with the usual and customary trade, traffic and travel upon, or other use of, the streets and public property of the Village. Grantee shall keep and maintain all of its property in good condition, order and repair so that the same shall not menace or endanger the life or property of any person. The Village shall have the right to inspect and examine at all reasonable times and upon reasonable notice the property owned or used, in part or in whole, by Grantee. Grantee shall keep accurate snaps and records of all of its wires, conduits, cables and other property and facilities located, constructed and maintained in the Village. Further, Grantee shall furnish copies of such maps and records from time to time as requested by the Village without charge.
(c) All wires, conduits, cables and other property and facilities of Grantee shall be constructed and installed in an orderly and workmanlike manner. All wires, conduits and cables shall be installed, where possible, parallel with electric and telephone lines. Multiple cable configurations shall be arranged in parallel and bundled with due respect for engineering considerations.
(d) Grantee shall at all times comply with the following codes, rules, regulations, as amended, and any others supplemental to or in substitution thereof:
(1) National Electrical Safety Code (National Bureau of Standards);
(2) National Electrical Code (National Bureau of Fire Underwriters);
(3) Bell System Code of Pole Line Construction;
(4) Applicable FCC and other applicable federal, state and local regulations and ordinances.
In any event, the installation, operation or maintenance of the system shall not endanger or interfere with the safety of persons or property in the Village.
(e) Whenever the Village undertakes any public improvement which affects Grantee's equipment or facilities, the Village may, with due regard to reasonable working conditions and with reasonable notice, direct Grantee to remove or relocate its wires, conduits, cables and other property at its own expense.
(f) Grantee's plans for constructing its system, and the construction of the system, shall be in accordance with its proposal as modified by the franchise agreement. However, Grantee shall comply with the following minimum requirements:
(1) Grantee shall construct underground in any area where both electrical or telephone lines have been installed underground.
(2) Grantee shall change from aerial to underground at its own expense, in any area where both the telephone and electrical utilities are hereafter changed from aerial to underground.
(3) To enable Grantee reasonable opportunity to change its wiring from aerial to underground, and also to allow it to pre-wire all new subdivisions or new development areas, the Village shall provide Grantee with written notice of the following, in accordance with the terms of the franchise agreement:
A. Any changes of which the Village has knowledge, or which the Village may order, regarding a change from aerial to underground of any line (telephone or electrical) within its boundaries;
B. Any underground trenching that may be pending;
C. New subdivisions and development. All of such subdividers or developers shall be notified of the franchise and the system;
D. All ordinance changes affecting the wiring of the system.
(g) Grantee shall, upon completion of any work on private property (or easements thereon), restore the same including any and all landscape features, plantings, turf, buildings, pipes and wires (overhead and underground), pavements, sidewalks, foundations or other features whatsoever, to as good a condition as existed before construction.
(Ord. 141. Passed 2-12-03.)