If, at any time, during the period of a franchise,
the township shall lawfully construct, reconstruct or relocate any
street or right-of-way, or alter or change the grade of any street,
or repair, modify or relocate any sanitary or storm sewers, water
lines or other public facilities, the franchisee, upon reasonable
notice by the township (not exceeding such time as determined by the
then existing circumstances) shall remove, relay, abandon or relocate
its poles, wires, cables, underground conduits, manholes and other
fixtures at its own expense.
The franchisee shall not erect, for any reason,
any pole on or along any street in an existing aerial utility system
without advance written notice to and approval of the township. The
franchisee shall exercise its best efforts to negotiate the lease
of pole space and facilities from existing pole owners for all aerial
construction.
Cable shall be installed underground at the
franchisee's expense where both the existing telephone and electrical
utilities are underground. The franchisee shall place cable underground
in newly platted streets in concert with both the telephone and electric
utilities. In the event the telephone or electric utilities are reimbursed
by the township or any state or federal agency for the placement of
cable underground or the movement of cable, the franchisee shall be
reimbursed upon the same terms and conditions as the telephone or
electric utilities are reimbursed.
The franchisee shall have the authority, at
its sole cost and expense, to trim overhanging limbs and branches
of trees coming in contact with the franchisee's wires and cables
located within the right-of-way of a township street, after providing
reasonable notice of not less than 30 days to both the affected property
owners and the township. No tree shall be removed without the permission
of the township.
In the event that it is necessary to temporarily
move or remove any of the franchisee's wires, cables, poles or other
facilities in order to accommodate the movement of a large object,
vehicle, building or other structure over the township's streets and
rights-of-way, such removal shall be at the expense of the person,
other than the township, requesting the temporary removal of such
of these facilities. All such work shall be performed by the franchisee
or under its direction and control. The franchisee may first require
the deposit with it by the person, other than the township, requesting
such temporary removal of sufficient security to cover the costs of
such removal and replacement. At least 15 days' prior written notice
shall be given by the township to the franchisee of any such requested
temporary removal. The service disruption provisions of this ordinance
shall not apply to any such temporary service disruptions occasioned
thereby, unless the franchisee fails and refuses to restore service
within a commercially acceptable period of time.