(1) Franchisee may make all needful excavations in any right-of-way for the purpose of placing, erecting, laying, maintaining or repairing franchisee’s infrastructure, and shall repair, renew and replace the same as reasonably possible to the condition that existed prior to such excavation. Franchisee shall obtain all necessary permits for such excavation and construction, and pay all applicable fees. Such work shall be done only in accordance with plans or designs submitted to, and approved by, the City, such plans: (a) to be evaluated by the standards applied to the construction of other similar telecommunications systems in the City, and (b) maintained by the City as confidential and exempt from public disclosure to the maximum extent allowed by law. Such work shall be performed in a good and workmanlike manner and in compliance with all rules, regulations, or ordinances which may, during the term of this franchise, be adopted from time to time by the City, or any other authority having jurisdiction over rights-of-way. Prior to commencing excavation or construction, franchisee shall give appropriate notice to other franchisees, licensees or permittees of the City owning or maintaining facilities which may be affected by the proposed excavation or construction.

(2) In the event emergency repairs are necessary for franchisee’s facilities, franchisee may immediately initiate such emergency repairs. Franchisee shall give notice to the City’s Manager by telephone, electronic data transmittal or other appropriate means as soon as is practicable after commencement of work performed under emergency conditions. Franchisee shall make such repairs in compliance with applicable ordinances and regulations, and shall apply for any necessary permits no later than the business day next following the discovery of the need for such repairs.

(3) Franchisee shall construct and maintain its telecommunications system in such a manner so as to not interfere with City sewer or water systems, or other City facilities.

(4) Emergency Removal and Alternate Routing of Facilities. If, at any time, in case of fire, disaster, or other threat to public safety in the franchise territory, it shall become necessary in the reasonable judgment of the City to cut or move any of the wires, cables, amplifiers or other appurtenances to the system of the franchisee, such cutting or moving may be done after providing franchisee reasonable notice via electronic and verbal communication and affording franchisee reasonable time to respond to such emergency. Any repairs rendered necessary thereby shall be made by the franchisee, at its sole expense; provided, that such repairs are not necessitated by a negligent act of the City, in which case costs for repairs shall be borne by the City. The City shall hold the franchisee, its agents, employees, officers and assigns hereunder harmless from any claims arising out of the City’s cutting or moving of franchisee’s facilities.

(5) Cables, Wires – Rearrangement – Notice. Whenever the City determines that the public interest requires that it is necessary to rearrange, remove, lower or raise the aerial cables or wires or other apparatus of the franchisee to permit the passage of any building, machinery or other object, or to widen/realign City streets, or to make any other alteration or improvement which will require rearrangement of franchisee’s facilities or equipment, the said franchisee will perform such rearrangement within a reasonable period after written notice from the City. Said notice shall bear the approval of such official as City Council may designate and shall provide that the costs of such rearrangement shall be borne by any third persons whose activities create the need for rearrangement except that a request by the City of Millersburg, on behalf of itself or any other unit of government, to rearrange aerial cables or wires or other apparatus of the franchisee shall be accomplished by the franchisee within 120 days at no cost to the City. (Ord. 139 § 7, passed 11-13-2018)