Conditions of Street Occupancy. All transmission and distribution structures, poles, other lines, and equipment installed or erected by XXXXXX pursuant to the terms hereof shall be located so as to cause a minimum of interference with the proper use of Public Ways and with the rights and reasonable convenience of property owners who own property that adjoins any of such Public Ways. XXXXXX shall comply with all right-of-way and easement management ordinances and/or regulations enacted by CITY, including such ordinances and/or regulations enacted after the effective date of this Agreement. It is expressly understood that this Agreement conveys no property interest of any kind in or to any public land, rights-of-way, or easements to XXXXXX.
Conditions of Street Occupancy. The Town shall have the right to require Grantee to relocate, remove, replace, modify or disconnect Grantee's facilities and equipment located in the Rights-of-Way or on any other property of the Town for public purposes, in the event of an emergency, or when the public health, safety or welfare requires such change (for example, without limitation, by reason of traffic conditions, public safety, Right-of-Way vacation, Right-of-Way construction, change or establishment of Right-of-Way grade, installation of sewers, drains, gas or water pipes, or any other types of structures or improvements by the Town for public purposes). Such work shall be performed at the Grantee’s expense. Except during an emergency, the Town shall provide reasonable notice to Grantee, not to be less than forty-five (45) business days and allow Grantee with the opportunity to perform such action. In the event of any capital improvement project exceeding $500,000 in expenditures by the Town which requires the removal, replacement, modification or disconnection of Grantee's facilities or equipment, the Town shall provide at least sixty (60) days' written notice to Grantee. Following notice by the Town Grantee shall relocate, remove, replace, modify or disconnect any of its facilities or equipment within any Right-of-Way, or on any other property of the Town, which work shall be completed within a reasonable time, not to exceed one-hundred twenty (120) days from the date when the Town makes its request taking into account Sec. 4.9 of this Franchise. If the Town requires Grantee to relocate its facilities located within the Rights-of-Way, the Town shall make a reasonable effort to provide Grantee with an alternate location within the Rights-of-Way. If funds are generally made available to users of the Rights-of-Way for such relocation, Grantee shall be entitled to its pro rata share of such funds. If the Grantee fails to complete this work within the time prescribed and to the Town's satisfaction, the Town may cause such work to be done and xxxx the cost of the work to the Grantee, including all costs and expenses incurred by the Town due to Grantee’s delay. In such event, the Town shall not be liable for any damage to any portion of Grantee’s Cable System. Within thirty (30) days of receipt of an itemized list of those costs, the Grantee shall pay the Town.
Conditions of Street Occupancy. New Grades or Lines. If the grades or lines of any Public Way within the License Area are lawfully changed at any time during the term of this License Agreement, then the Grantee shall, upon reasonable advance written notice from the District (which shall not be less than ten (10) business days) and at its own cost and expense, protect or promptly alter or relocate the Cable System, or any part thereof, so as to conform with any such new grades or lines. If public funds are available to any other user of the Right-of-Way for the purpose of defraying the cost of any of the foregoing, the District shall notify Grantee of such funding and make available such funds to the Grantee.
Conditions of Street Occupancy. A. All transmission and distribution structures, lines and equipment erected by Franchisee within the Franchise area shall be located so as to not cause unreasonable 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 adjoin any of said streets, alleys or other public ways and places. The Cable Television System shall be constructed and operated in compliance in all material respects with all adopted local, state and national construction and electrical codes which are in effect as of the date of this construction.
B. Prior to commencing any additional construction, Franchisee shall submit to the County detailed maps showing proposed construction locations. These plans shall show the proposed placement of Franchisee's cables on the County right of way, and poles that are to be erected by Franchisee as required for construction, and locations where Franchisee proposes to attach to existing utility poles. Franchisee shall cooperate with the County and any of its agents during any initial construction period and throughout the full term of the Franchise in regards to construction procedures, practices and locations. All cable construction and installations located within County property or County rights-of-way shall be installed and maintained at such locations and depths so as to not interfere with any road or right-of-way maintenance.
C. Whenever the County or State shall require the relocation or re-installation of any property of Franchisee in any of the streets of the Franchise Territory, it shall be the obligation of the Franchisee, upon notice of such requirements, to cooperate in the timely removal and relocation or reinstallation of said property so as not to cause unreasonable delay. Such relocations, removal or reinstallations by Franchisee shall be at the sole cost of Franchisee to the extent governmental funds are not available to reimburse Franchisee for such activity.
D. Whenever in any place within the Franchise Territory, all or any part of both the electric and telephone utilities shall be located underground, it shall be the obligation of the Franchisee to locate or to cause its property to be located underground within such places. If the electric and telephone utilities are to be relocated underground in any place within the Franchise Territory after Franchisee previously installed its property, Franchisee s...
Conditions of Street Occupancy. (A) New Grades or Lines. If the grades or lines of any Public Way within the Franchise Area are lawfully changed at any time during the term of this Franchise Agreement, then the Franchisee shall, upon reasonable advance written notice from the Franchising Authority (which shall not be less than thirty (30) business days) and at its own cost and expense, protect or promptly alter or relocate the Cable System, or any part thereof, so as to conform with any such new grades or lines. If public funds are available to any other user of the Public Way for the purpose of defraying the cost of any of the foregoing, the Franchising Authority shall notify the Franchisee of the availability of such funding and make such funds available to the Franchisee. It is understood that the Franchising Authority does not guarantee that any public funds will be available to help defray the cost of altering or relocating the Cable System to conform to new grades or lines.
(B) Relocation at request of Third Party. The Franchisee shall, upon reasonable prior written request of any Person holding a permit issued by the Franchising Authority to move any structure, temporarily move its wires to permit the moving of such structure; provided (i) the Franchisee may impose a reasonable charge on any Person for the movement of its wires, and such charge may be required to be paid in advance of the movement of its wires; and (ii) the Franchisee is given not less than thirty (30) business days advance written notice to arrange for such temporary relocation.
Conditions of Street Occupancy. If the City determines that a public project necessitates the relocation of Franchisee’s Cable System, or any part thereof, the City shall:
4.2.1 At least seventy-five (75) days prior to the commencement of such project, provide Franchisee with written notice of known facilities requiring such relocation; and
4.2.2 Provide Franchisee with copies of any plans and specifications pertinent to the requested relocation and a proposed temporary or permanent relocation for Franchisee’s facilities; and
4.2.3 Meet with Franchisee, if requested, within ten (10) business days to discuss the scope, requirements and challenges of the relocation work.
Conditions of Street Occupancy. All portions of the System and all associated equipment installed or erected by the Company pursuant to this Agreement shall be located so as to cause minimum interference with the proper use of the rights-of-way and with the rights and reasonable convenience of property owners who own property that adjoins any of such rights-of- way, and only according to plans and specification approved by the City prior to construction pursuant to Section 10 of this Agreement.
Conditions of Street Occupancy. 3 Editor's Note: A copy of Section 626 of the Cable Act is on file in the BOROUGH offices. 4 Editor's Note: Exhibit No. 6 is on file in the BOROUGH offices.
A183.8.1. 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. The CABLE TELEVISION SYSTEM shall be constructed and operated in compliance with applicable governmental construction and electrical codes.
A183.8.2. In case of disturbance of any STREET or paved area, the GRANTEE shall, at its expense and in a manner approved by the MUNICIPALITY, replace and restore such STREET or paved area in as good condition as theretofore.
A183.8.3. The GRANTEE shall, at its expense, protect, support, temporarily disconnect, relocate in the same STREET or public place or remove from the STREET or other public place any property of the GRANTEE when lawfully required by the MUNICIPALITY 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 the MUNICIPALITY, but the GRANTEE shall in all cases have the right of abandonment of its property, subject to municipal ordinances.
Conditions of Street Occupancy. All transmission and distribution structures, poles, other lines, and equipment installed or erected by the Grantee pursuant to the terms hereof shall be located so as to cause a minimum of interference with the proper use of Public Ways and with the rights and reasonable convenience of property owners who own property that adjoins any of said Public Ways. hi constructing, operating and maintaining the system, Grantee shall at all times comply with this Franchise Agreement and all applicable laws and regulations. Equipment used for the distribution system, headend and reception facilities shall be of good and durable quality and be serviced and repaired on a regular basis. Grantee shall provide to subscribers, upon request, parental control devices that allow any channel or channels to be locked out. Such devices shall block both the video and audio portion of such channels.
Conditions of Street Occupancy. All transmission and distribution structures, poles, other lines, and equipment installed or erected by the Grantee pursuant to the terms hereof shall be located so as to cause a minimum of interference with the proper use of Public Ways and with the rights and reasonable convenience of property owners who own property that adjoins any of such Public Ways.
