§ A291-7. Conditions of street occupancy.

A. 

All transmission and distribution structures, poles, lines and equipment installed or erected by the grantee within the franchise area shall be so located as to cause minimum interference with the proper use of streets and with the rights and reasonable convenience of property owners who adjoin any of said streets, and shall be subject to prior written approval of the Borough Engineer, who shall determine pole setback from the cartway and all other matters related to such location and installation. The cable television system shall be constructed and operated in compliance with applicable governmental construction and electrical codes.

B. 

In case of disturbance of any street or paved area, the grantee shall, at its expense and in a manner approved by the Borough Engineer, replace and restore such street or paved area in as good condition as theretofore.

C. 

The grantee shall, at its expense, protect, support, temporarily disconnect, remove from or relocate in the same public way or public place any property of the grantee when lawfully required by the Borough by reason of traffic conditions, public safety, street grade, installation of sewers, drains, gas or water pipes or any other type of structures or improvements by or required by the Borough, but the grantee shall, in all cases, have the right of abandonment of its property, subject to Borough ordinances.

D. 

Should the Borough seek to alter, improve, redevelop or refurbish any street(s) or area presently served by the existing cable television system, the Borough shall notify the grantee of such plans. This notice shall be issued concurrent with notification of public utility companies and the grantee shall be invited to all preconstruction conferences.

E. 

Should the Borough make application to any public agency or other funding source which provides monetary reimbursement for relocation or replacement of existing transmission pipes, power lines or communication facilities, etc., such application shall include a request made on behalf of the grantee to cover costs of relocation or replacement of cable television system. Should said reimbursement request to fully compensate the grantee be denied and should the Borough and the grantee be unable to agree on an acceptable method and amount of reimbursement, then the grantee shall be released of any obligation to provide cable service to the affected area. The grantee and the Borough may, by mutual agreement, arrange to continue to service the affected area and achieve appropriate reimbursement by deducting a negotiated, fixed amount from the franchise fee paid to the Borough. The fixed amount shall be specified and described in an itemized statement of charges which shall be submitted by the grantee to the Borough for approval. The Borough shall not expend funds as prepayment for relocation and shall only be required to expend actual, available Borough funds if, in the Borough's discretion, total reimbursement, mutually agreed to, cannot be accomplished through quarterly deductions from the franchise fee due the Borough.

F. 

Whenever it shall be necessary for any grantee to raise, lower or temporarily remove its lines or facilities to permit the moving of any machinery or equipment or any building or other structure, the grantee shall accomplish the same upon the request of any person lawfully entitled to move the same. The actual expense thereof shall be paid by the person requesting the same and the grantee shall have the right to require payment in advance of the reasonably estimated costs to be incurred; provided, however, that if any such raising, lowering or temporary removal shall be necessary for Borough purposes and shall be done at the request of the Borough, then it shall be accomplished by the grantee at no charge to the Borough. The grantee shall be given not less than 10 business days advance notice to arrange for such temporary wire changes.

G. 

To the extent that the Borough shall have the authority to grant the same and after approval of the property owner, subject to prior written approval of the Borough Engineer, the grantee shall have the authority, at its expense, to trim trees overhanging any streets in the franchise area so as to prevent branches from coming in contact with the grantee's wires and cable lines over private property.

H. 

Subject to any applicable commonwealth or federal regulations or tariffs, the Borough shall have the right to make additional use, for any public purpose, of any poles or conduits controlled or maintained exclusively by or for the grantee in any street, provided that:

(1) 

Such use by the Borough does not interfere with the use by the grantee.

(2) 

The Borough holds the grantee harmless against and from all claims, demands, causes of action, suits, actions, proceedings, damages, costs or liabilities of every kind and nature whatsoever arising out of such use of said poles and conduits.

(3) 

This hold harmless provision shall include, but not be limited to, reasonable attorney's fees and costs and at the grantee's sole discretion, the Borough may be required either to pay a reasonable rental fee or otherwise reasonably compensate the grantee for use of such poles, conduits or equipment; provided, however, that the grantee agrees that such compensation or charge shall not exceed those paid by it to public utilities pursuant to the applicable pole attachment agreement or other authorization relating to the service area.