Common use of USE OF STREETS Clause in Contracts

USE OF STREETS. (a) The Grantee'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 the rights or reasonable convenience of property owners who adjoin any of the streets and Public Ways, or interfere with any improvements the Village may make, or hinder or obstruct the free use of the streets, alleys, bridges, easements or public property. (b) In case of any disturbance of pavement, sidewalk, landscaping, driveway or other surfacing, the Grantee shall, at its own cost and expense and in a manner approved by the Village, replace and restore all paving, sidewalk, driveway, landscaping, or surface of any street or alley disturbed, in at least as good condition as before the work was commenced and in accordance with standards for such work set by the Village. If, after 30 days, restoration measures are not performed to the reasonable satisfaction of the Village, the Village may undertake remedial restoration activities, such activities to be performed at the Grantee's cost, with such costs to be chargeable against the security deposit required of the Grantee in Subsection 14(e) of this chapter. (c) Erection, removal and common uses of poles: (1) No poles or other wire-holding structures shall be erected by the Grantee without prior approval of the Village with regard to location, height, types, and any other pertinent aspect. However, no location of any pole or wire-holding structure of the Grantee shall be a vested interest and such poles or structures shall be removed or modified by the Grantee at its own expense whenever the Village determines that the public convenience would be enhanced thereby. (2) Where poles or other wire-holding structures already existing for use in serving the Village are available for use by the Grantee, but it does not make arrangements for such use, the Village may require the Grantee to use such poles and structures if it determines that the public convenience would be enhanced thereby and the terms of the use available to the Grantee are just and reasonable. (3) Where the Village or a public utility serving the Village desires to make use of the poles or other wire-holding structures of the Grantee, but agreement thereof with the Grantee cannot be reached, the Village may require the Grantee to permit such use for such consideration and upon such terms as the Village shall determine to be just and reasonable, if the Village determines that the use would enhance the public convenience and would not unduly interfere with the Grantee's operations. (d) If at any time during the period of the franchise the Village shall elect to alter, or change the grade of any street, alley or other Public Ways or utilities, the Grantee, upon reasonable notice by the Village, shall promptly remove or relocate as necessary its poles, wires, cables, underground conduits, manholes and other fixtures at its own expense. (e) The Grantee shall, on the request of any person holding a building moving permit issued by the Village, 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 Grantee shall have the authority to require such payment in advance. The Grantee shall be given not less than 48 hours advance notice to arrange for such temporary wire changes. (f) The Grantee shall not remove any tree or trim any portion, either above, at or below ground level, of any tree within any public place without the prior consent of the Village. The Grantee shall provide notice to any affected residents at the same time that the Grantee applies to the Village for consent to perform tree trimming. The Village shall have the right to do the trimming requested by the Grantee at the cost of the Grantee. Regardless of who performs the work requested by the Grantee, the Grantee shall be responsible, shall defend and hold Village harmless from any and all damages to any tree as a result of trimming, or to the property surrounding any tree, whether such tree is trimmed or removed. (g) The Grantee shall not use road cuts for the laying of cable or wires without the prior approval of the Village. (h) The right of the Grantee to use and occupy the Public Ways shall not be exclusive. The Village reserves the right to grant any right or use of such Public Ways to any Person at any time during the term of the franchise or any other franchise subsequently granted to any other Person. (i) If any public way or portion thereof used by the Grantee shall be vacated by the Village, or the use thereof discontinued by the Village or the Grantee, during the term of the franchise, then the Grantee shall forthwith at its sole cost and expense remove its facilities therefrom unless specifically permitted to continue to use the same and, on the removal thereof, the Grantee shall restore, repair, or reconstruct the Public Way area where such removal has occurred to its original condition as required by the Village. In the event of any failure, neglect, or refusal by the Grantee, after 30 days written notice from the Village to repair, improve, or maintain such Public Way, the Village may, but shall be under no obligation to, conduct such work, or cause it to be conducted, and the actual cost thereof shall be paid by the Grantee in the time and manner as directed by the Village. Collection may be made by resort to the letter of credit or cash security deposit established pursuant to Section 14 of this chapter, or by court action, or otherwise.