§ 13. Conditions on Street Occupancy  


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  • (a) All transmissions and distribution structures, lines, and equipment erected by the grantee 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 and reasonable convenience of property owners who join any of the said streets, alleys or other public ways and places. The cable television system shall be constructed and operated in compliance with all applicable city, state and federal laws, ordinances and regulations. The grantee shall install and maintain its wires, cables, fixtures and other equipment in such manner that they will not unduly interfere with any installations or facilities of the city or of a public utility serving the city.

    (b) In case of disturbance of any street, sidewalk, alley, public way, or paved area, the grantee shall, at its own cost and expense and in a manner approved by the City of Tuscumbia or the city clerk, replace and restore such street, sidewalk, alley, public way, or paved area in as good a condition as immediately before the work involving such disturbance was done.

    (c) If at any time during the period of this franchise the city shall lawfully elect to alter or change the grade of any street, sidewalk, alley, or other public way, the grantee, upon reasonable notice by the city, shall remove, relay, and relocate its poles, wires, cables, underground conduits, manholes, and other fixtures at its own expense.

    (d) Any poles or other fixture placed in any public way by the licensee shall be placed in such manner as not to unduly interfere with the usual travel on such public way.

    (e) The grantee shall, on the written 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 or raising or lowering of wires shall be paid by the person requesting the same, and the grantee shall have the authority to require such payment in advance. The grantee shall be given not less than forty-eight (48) hours' advance written notice to arrange for such temporary wire changes.

    (f) The grantee shall have the authority to trim trees upon and overhanging streets, alleys, sidewalks, and public ways and places of the city so as to prevent the branches of such trees from coming in contact with the wires and cables of the grantee, except that at the option of the city, such trimming may be done by it or under its supervision and direction at the expense of the grantee.

    (g) In all sections of the city where the cables, wires, or other like facilities of all public utilities are placed underground, the grantee shall place its cables, wires or other like facilities underground to the maximum extent that existing technology and economic feasibility reasonably permits the grantee to do so.