(A) All poles, cables and other fixtures placed by the operator within the public ways of the town shall be so located as to cause minimum interference with the proper use of public ways and adjoining premises.
(B) If the disturbance of any public way is necessary, the operator shall comply with all provisions of ordinances of the town and shall first seek Council approval prior to any disturbance of the public way.
(C) If, at any time during the period of the franchise, the town shall elect to change the grade of any public way, the operator, upon reasonable notice by the town, shall relocate its poles, cables and other fixtures at no expense to the town.
(D) (1) The operator shall have the authority to trim trees upon and overhanging the public ways of the town so as to prevent the branches of such trees from coming in contact with the cables and equipment of the operator; except that, at the option of the town, such trimming may be done by it or under its supervision and direction.
(2) The operator shall notify the town of its intention to trim such trees in order to provide the town an opportunity to exercise its option to supervise and direct.
(E) In all sections of the town where the cables, wires or other like facilities of public utilities are placed underground, the operator shall, at its own expense, place its cables, equipment and facilities underground.
(F) The operator shall have the right to use the public ways throughout the town as necessary or advisable for the efficient construction, operation and maintenance of its system.
(G) No location of any pole or other wire-holding structure of the operator shall be a vested interest and such poles or structures shall be removed or modified by the operator at no expense to the town whenever the Council determines that the public convenience so requires.
(H) The town shall have the right to install and maintain free of charge upon the poles of the operator any wire and pole fixtures, on the condition that such wire and pole fixtures do not unreasonably interfere with the operator’s operation of the cable television system.
(I) The operator shall at all times employ ordinary care and shall install and maintain and use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injury or nuisance to the public.
(J) The operator shall install and maintain its cables and other equipment in accordance with the requirements of any applicable state, local or federal electrical code requirements and any amendments thereto.
(K) All installation of equipment shall be of a permanent nature and in accordance with good engineering practice. The operator’s service drops shall be installed in a neat and workmanlike manner, including the house attachments, so as to preserve the best overall appearance of power, telephone and cable television drops to the air and attached to the buildings. The service drops are to be installed, where practicable, from the cable away from a pole so as to preserve climbing space on the pole. In the event a subscriber discontinues cable television service and requests removal of the operator’s service drop, such removal shall also be accomplished in a neat and workmanlike manner at the operator’s expense.
(L) The operator shall first obtain the approval of the Council before using subcontractors or prior to entering into any subcontracts for the construction of the cable television system for connection to individual subscribers. The town shall not be liable to any such subcontractor of the operator.
(M) Prior to the start of underground construction, the operator must give written notice to all affected property occupants informing them that the operator will be working the area affecting such property occupants. Such notice shall include a telephone number, which may be called by property occupants who encounter any problems or damages as a result of such work done by the operator.
(1996 Code, § 11-20) (Ord. 82-3, passed - -)