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, waterlines
or other public facilities, the franchisee, upon 60 days' notice by
the Township, shall remove, relay, abandon or relocate its poles,
wires, cables, underground conduits, manholes and other fixtures at
its own expense.
If the franchisee desires to erect any pole
on or along any Township right-of-way, it shall first obtain the Township's
consent to do so. 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 that 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 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 10 days to the Township. The franchisee shall reasonably
compensate the Township or other property owner for any damages caused
by such tree trimming.
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
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 10 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 chapter
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.