[R.O. 2011 § 670.440; R.O. 2009 § 111.070; Ord. No. 01-125, 6-20-2001]
Prior to commencing any construction in the City, a grantee must obtain all necessary permits and licenses required by Federal, State and City laws, ordinances and rules and pay all associated fees. Further, a grantee shall comply with all applicable laws, ordinances, rules and standards relating to the construction, operation and maintenance of a cable television system.
[R.O. 2011 § 670.450; R.O. 2009 § 111.071; Ord. No. 01-125, 6-20-2001]
At a minimum and without limitation, a grantee shall adhere to all Building, Electrical and Zoning Codes currently or hereafter in force in the City. The construction, installation and maintenance of the cable system shall be effectuated by grantee in a manner that is consistent with the laws, ordinances and construction standards of the State of Missouri, the Occupational Safety and Health Administration, the National Electrical Safety Code, National Electrical Code, FCC and the Standards of Good Engineering Practices for Measurement of Cable Television Cable Systems of the National Cable Television Association to the extent applicable, as well as all other applicable laws, rules, regulations and ordinances that may be modified or amended from time to time. All open connections on splitters, couplers and other devices shall be properly terminated.
[R.O. 2011 § 670.460; R.O. 2009 § 111.072; Ord. No. 01-125, 6-20-2001]
All of a grantee's construction, installation, operation, repair and maintenance and the arrangement of its lines, cables and other appurtenances, on both public and private property, shall be conducted in such a manner as to cause minimum interference with the rights and reasonable convenience of the public and any property owners that may be affected. In the event of any such interference, the City may require the removal of grantee's lines, cables and appurtenances from the rights-of-way in question, at the sole expense of the grantee.
[R.O. 2011 § 670.470; R.O. 2009 § 111.073; Ord. No. 01-125, 6-20-2001]
Each grantee shall promptly repair and restore any City or private property which may be damaged as a result of the construction, installation, operation, repair or maintenance of the cable system. Any such property damaged or destroyed shall be promptly repaired and restored by the responsible grantee, at the grantee's sole cost and expense and to the reasonable satisfaction of the City, to its condition prior to being damaged or shall be replaced by grantee with equivalent property.
[R.O. 2011 § 670.480; R.O. 2009 § 111.074; Ord. No. 01-125, 6-20-2001]
Each grantee shall endeavor to use existing utility poles along the rights-of-way to the extent possible and shall not erect any pole on or along any rights-of-way when there is an existing aerial utility system without the City's prior approval. A grantee may obtain the lease of pole space and facilities from the existing utility pole owners. If additional poles in an existing aerial route are required, a grantee may negotiate with the utility for the installation of the needed poles to be installed by the grantee or the utility. Any such addition shall require the advance written approval of the City.
[R.O. 2011 § 670.490; R.O. 2009 § 111.075; Ord. No. 01-125, 6-20-2001]
Nothing in this Chapter shall be construed to prevent the City from constructing sewers, grading, paving, repairing or altering any rights-of-way or laying down, repairing or removing water mains or constructing or establishing any other public work. All such work shall be done, insofar as practicable, in such manner as not to obstruct, injure or prevent the free use and operation of poles, wires, conduits, conductors, pipes or appurtenances of the affected grantee(s). If any such property shall interfere with the construction or repair of any rights-of-way or public improvement, whether it be construction, repair or removal of a sewer or water main, the improvement of any rights-of-way or any other public improvement, then all such property of the affected grantee(s) shall be removed or replaced in such manner as shall be directed by the City so that the same shall not interfere with the public works of such City. Such removal or replacement shall be at the expense of the affected grantee(s), except to the extent funds are made available under applicable law.
[R.O. 2011 § 670.500; R.O. 2009 § 111.076; Ord. No. 01-125, 6-20-2001]
In those areas within the City where cable system facilities are currently placed underground, all cable system facilities shall remain or be placed underground. In areas where either telephone or electric utility facilities are above ground at the time of installation, a grantee may install its cable system facilities above ground, provided that at such time as either electric or telephone utility facilities are placed underground, the grantee shall likewise place its cable system facilities without cost to the City. Nothing contained in this Section shall require a grantee to construct, operate and maintain underground any ground-mounted appurtenances. Each grantee shall be in compliance with the Missouri One-Call Program or may make separate provision for a program ensuring the timely and accurate location of underground facilities.
[R.O. 2011 § 670.510; R.O. 2009 § 111.077; Ord. No. 01-125, 6-20-2001]
All new trunk and distribution plant which is required to be buried underground pursuant to Section 670.500 of this Chapter that is required to cross under major intersections, as identified by the Director of Public Works or his/her designee, shall be encased in conduit.
[R.O. 2011 § 670.520; R.O. 2009 § 111.078; Ord. No. 01-125, 6-20-2001]
The grantor agrees to require as a condition of issuing a permit for open trenching to any utility or developer that the utility or developer give each grantee at least ten (10) days' advance written notice of the availability of the open trench and that the utility or developer provide the grantee with reasonable access to the open trench.
[R.O. 2011 § 670.530; R.O. 2009 § 111.079; Ord. No. 01-125, 6-20-2001]
For subscribers requesting connection requiring a drop in excess of one hundred fifty (150) feet, unless the franchise agreement specifies otherwise, a grantee shall extend cable service at a rate not to exceed the grantee's actual direct incremental cost of installation from its main distribution system.
[R.O. 2011 § 670.540; R.O. 2009 § 111.080; Ord. No. 01-125, 6-20-2001]
Grantees shall have the right to remove, trim, cut and to keep clear of its poles, cables, underground conduits and related equipment the trees in and along the public streets, but, in the exercise of such right, grantees shall not cut such trees to any greater extent than is reasonably necessary for the construction, erection, installation, maintenance and use of cable system equipment. Grantees shall not remove, trim or cut such trees from any public streets without first providing reasonable notice to the City of its intention to do so, such notice to be delivered not less than fifteen (15) days in advance. The grantee shall compensate the City or any private owners of such trees for any damage caused by such trimming.
[R.O. 2011 § 670.550; R.O. 2009 § 111.081; Ord. No. 01-125, 6-20-2001]
Each grantee shall be required, at its expense, to protect, support, temporarily disconnect, relocate in or remove from public streets, lands or places any property of the affected grantee(s) whenever required by City upon reasonable written notice by reason of traffic conditions, public safety, street construction or any other public purpose. If public funds are available to any person using such street, easement or right-of-way for the purpose of defraying the cost of any of the foregoing, upon request the grantor shall assist the affected grantee(s) in making application for such funds.
[R.O. 2011 § 670.560; R.O. 2009 § 111.082; Ord. No. 01-125, 6-20-2001]
Each grantee, on the request of the City or any person holding a building permit issued by the City or any permit issued by an appropriate State agency, shall temporarily move its wires, cables, poles or other cable system facilities to permit the moving of large objects, vehicles, buildings or other structures. The expense of such temporary moves shall be paid to the affected grantee(s) by the person requesting the same and the affected grantee(s) shall have the authority to require such payment in advance. Every grantee shall be given not less than thirty (30) days' advance notice to arrange for such temporary moves, unless emergency conditions warrant otherwise.
[R.O. 2011 § 670.570; R.O. 2009 § 111.083; Ord. No. 01-125, 6-20-2001]
A. 
Each grantee shall make available to the City the names and addresses of any person, other than the grantee, which performs services pursuant to this Chapter; provided however, that all provisions of this Chapter remain the responsibility of a grantee.
B. 
All provisions of this Chapter shall apply to any subcontractors or others performing any work or services pursuant to the provisions of this Chapter on behalf of a grantee.
[R.O. 2011 § 670.580; R.O. 2009 § 111.084; Ord. No. 01-125, 6-20-2001]
Nothing contained in this Chapter shall relieve any person from liability arising out of the failure to exercise reasonable care to avoid injuring a grantee's facilities while performing any work connected with grading, regrading or changing the line of any rights-of-way or with the construction or reconstruction of any sewer or water system or utility system.