[Ord. No. 3-2016 § I, 9-6-2016]
A. In furtherance of any cable media provider's execution of contracts
with public utility companies or any other owner or lessee of any
poles located within or without the City to whatever extent such contract
or contracts may be expedient and of advantage to the company for
use of poles and posts necessary for proper installation of the system,
the company may obtain right-of-way permits from appropriate State,
County and Federal officials necessary to cross highways or roads
under their respective jurisdictions, to supply main trunk lines from
the company's receiving antennas, obtain permission from the
Federal Aviation Authority to erect and maintain antennas suitable
to the needs of the system and its subscribers and obtain whatever
other permits a City, County, State or Federal agency may require.
The company shall construct its cable system using material of good
and durable quality and all work involved in the construction, installation,
maintenance and repair of the cable system shall be performed in a
safe, thorough and reliable manner. Any municipal property damaged
or destroyed shall be promptly repaired or replaced by the company
and restored to serviceable condition.
B. The company's system, poles, wires and appurtenances shall be
located, erected and maintained so that none of its facilities shall
endanger or interfere with the lives of persons or interfere with
any improvements the City may deem proper to make or unnecessarily
hinder or obstruct the free use of the streets, alleys, bridges, easements
or public property. No service line, whether or not energized, will
be allowed to rest upon, or otherwise contact the ground or vegetation
for more than seventy-two (72) hours. An extension of said period
may be obtained from the City Building Inspector for good cause shown.
C. In the event that the City annexes further territory as authorized
by the law, the company shall extend energized trunk cable to the
remaining portions of the City so annexed within an acceptable time
thereafter, unless additional time is granted by the Council upon
request of the company for good cause shown. Extension of service
shall not be one of the requirements as set forth in this Section.
D. All transmission and distribution structures, lines and equipment
erected by the company within the City shall be so located as to cause
minimum interference with the proper use of streets, alleys and other
public ways and places, and to cause minimum interference with the
rights of reasonable convenience of property owners who adjoin any
of the said streets, alleys or other public ways and places. In the
event the electrical and phone lines are buried to the subscriber's
residence, the company shall be required to bury the cable also.
E. In case of any disturbance of pavement, sidewalk, driveway, grass
or other surfacing, the company shall, at its own cost and expense
and in a manner approved by the City, replace and restore all paving,
sidewalk, driveway, grass, shrubs, trees, fences or surface of any
street or alley or other public or private property in as good condition
as before said work was commenced.
F. In the event that at any time during the period of the franchise
the City lawfully elects to alter or change the grade of any street,
alley or other public way, the company, upon reasonable notice by
the City, shall remove, relay or relocate its poles, wires, cables,
underground conduits, manholes and other fixtures at its own expense.
G. The company shall not place poles or other fixtures where the same
will interfere with any gas, electric or telephone fixtures, water
hydrants or mains and all such poles or other fixtures placed in any
street shall be placed at the outer edge of the sidewalk and inside
the curb line, and those placed in alleys shall be placed close to
the line of the lot abutting on said alley, and then in such manner
as not to interfere with the usual travel on said streets, alleys
and public ways.
H. The company shall, on the request of any person holding a building
moving permit issued by the City, temporarily raise or lower its wires
to permit the moving of buildings. The expense of such temporary removal,
raising or lowering of wires shall be paid by the person requesting
the same, and the company shall have the authority to require such
payment in advance. The company shall be given no less than forty-eight
(48) hours' advance notice to arrange for such temporary wire
changes.
I. The company shall have the authority to trim trees upon and overhanging
streets, alleys, sidewalks and public places of the City so as to
prevent the branches of such trees from coming in contact with the
wires and cables. All tree trimming is to be done under the direction
of the City and at the expense of the company.
J. The company shall provide, upon request and without charge, service
to any municipal buildings owned and operated by the City and to any
public or parochial elementary or secondary school. This shall mean
only an energized cable to such building. The cost of any internal
wiring shall be borne by the institution.