§ 38-22. Conditions and restrictions on construction and operation.

Century shall be subject to the following restrictions and conditions with regard to the operation of the system, which conditions and restrictions shall be in addition to any other subsections of this agreement:

(1)

Service area.

a.

Residences. Century shall make service available to all residences located within the existing town limits within six months of the effective date of this franchise. Such services shall be made available provided that any such facilities may be served by a drop no more than 150 feet from Century's existing cable plant.

b.

Commercial establishments. Century shall, upon request, make service available to all commercial establishments within the town limits which are located within 150 feet of its existing feeder cable at the expense of such commercial establishments.

(2)

Cable, wires, and other equipment in connection with such system shall only be installed and operated on or under the streets upon the poles, or in underground conduit and equipment of the existing utilities within the town where conduits exist and where space installed conduits is available. Installation of any additional poles, conduit or other equipment for the installation of cables, wires and other overhead equipment and underground equipment in streets in connection with said system shall not be authorized and is expressly forbidden except as such additional authorization may be secured by the special permission of the town board; provided, however, that in no event may installation of poles be authorized along a public street. Installation over or on private property shall be subject to prior utility easement and prior notification by mail or personal service to property owners.

(3)

Such wires, cables and other underground or overhead equipment shall be located as may be required of telephone companies or power lines by the public service commission of the state. All equipment shall be grounded in the same manner as required by the electrical code of the town for electrical services.

(4)

In the event it becomes necessary for Century to open or otherwise disturb any streets, Century shall first secure a permit from the office of the town's building inspector. The charge for restoring the premises shall be established by resolution. Century shall pay the charge therefor to the town in advance of the work. The work of restoring the street shall be performed by the town. As an alternative regarding restoration, the town may allow Century to restore the street, providing prior approval is granted by the town and inspection and approval of the restoration is given by the town.

(5)

Century shall, at its own expense, protect, support, temporarily or permanently disconnect, relocate in the same street or remove from any street, any property owned or used by Century when required by the town engineer, by reason of traffic conditions, public safety, street vacation, freeway and street construction, change or establishment of street grade, installation of sewers, drains, water pipes, power lines and tracks or any other type of structures or improvements by governmental agencies when acting in a governmental or proprietary capacity, or any other structures or public improvements.

(6)

Century shall, upon the request of any person holding a building moving permit issued by the town, temporarily raise or lower its lines or disconnect or take them down to permit the moving of buildings. The expense of such removal, raising or lowering of wires shall be paid by the person requesting the same, and Century shall be given not less than five days advance notice to arrange for such temporary wire changes.

(7)

All installations by Century of cable and incidental equipment shall comply in all respects with all laws, ordinances, rules and regulations of the Federal Communications Commission, the state, or any agency or department thereof, and of the town or any agency or department thereof, now or hereafter in effect.

(8)

Century shall provide and maintain its equipment in such quality so that none of its service will adversely affect radio and television reception.

(9)

Century shall not either directly or indirectly engage in the servicing or repair of television receivers in the town, nor directly or indirectly require of any subscriber the patronage of any designated person or company engaged in such service or repair business. The foregoing shall not apply to the repair or adjustment of equipment which is part of the system of Century.

(10)

Century shall submit to inspections by duly authorized personnel of the town and shall make available to such inspectors or duly authorized personnel its facilities and equipment.

(11)

Century, subject to prior approval of the town's public works director, shall have the authority to trim trees upon and overhanging streets of the town so as to prevent the branches of such trees from coming in contact with the wires and cables of Century, except that at the option of the town, such trimming may be done by it or under its supervision and direction at the expense of Century.

(12)

In all areas of the town where the cables, wires, or other like facilities of public utilities are now placed underground, Century shall place its cables, wires or other like facilities underground. In all areas of the town where cables, wires, or other like facilities of public utilities are in the future placed underground, Century shall at such time place its cables, wires or other facilities underground. Unless otherwise determined by the board, upon termination of its franchise by revocation, non-renewal or any other event, Century shall remove or cause to be removed its plant, structures and equipment.

(13)

In removing its plant, structures and equipment, Century shall refill, at its own expense, any excavation that shall be made by it and shall leave all public ways and places in as good condition as that prevailing prior to the company's removal of its equipment and appliances, without affecting the electrical or telephone cables, wires or attachments. Such obligations shall be met by Century within 12 months of the date of revocation, termination or other future date fixed by the town board. Any cost for such removal or disposal incurred by the town shall be reimbursed by Century. The board shall inspect and approve the condition of the public ways and public places and wires, cables, attachments and poles after removal. Liability insurance and indemnity required to be provided hereunder shall continue in full force and effect during the period of removal. The period of removal shall end only after inspection of the removal results and upon issuance of an approval of Century's removal results by the town board.

(14)

In the event of a failure by Century to complete any work required above or any work required by town law or ordinance within the time established and to the satisfaction of the town, the town may, after providing reasonable prior notice to Century, cause such work to be done and Century shall reimburse the town the costs thereof within 30 days after receipt of an itemized list of such costs.

(Prior Code, § 9-1-4)