For the purposes of operating and maintaining a Cable Communications System in the City, Grantee may erect, install, construct, repair, replace, reconstruct, and retain in, on, over, under, upon, across, and along the streets within City such lines, cable, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, pedestals, attachments, and other property and equipment as are necessary and appurtenant to the operation of the Cable System, provided that all applicable permits are applied for and granted, all fees paid and all other City codes and ordinances are otherwise complied with.
(1) Prior to construction or alteration, Grantee shall in each case file plans with all appropriate departments and utility companies and receive written approval of such plans, which approval by City departments shall not be unreasonably withheld. Issuance of excavation, construction, or similar permits as required by ordinance shall constitute such written approval.
(2) Grantee shall construct and maintain a Cable Communications System so as not to interfere with other uses of streets. Grantee shall make use of existing poles and other facilities available to Grantee wherever possible. Grantee shall make reasonable best efforts to individually notify all residents affected by proposed construction in writing prior to the commencement of that work; provided that such prior notification will not unnecessarily delay repair or restoration of existing services or slow expeditious remedy of unsafe conditions.
(3) Notwithstanding the above grant to use streets, no street shall be used by Grantee if the City, in its sole option, determines that such use is inconsistent with the terms, conditions or provisions by which such street was created or dedicated, or presently used.
(4) Nothing contained herein should be construed as granting to Grantee any rights whatsoever to the use of any private property without the consent of the owner thereof unless such is permitted by Section 54-4-13, Utah Code (as amended).
Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 99-62, Enacted, 12/16/1999