[Ord. No. 1283 §1(900.300), 1-16-2003]
To the extent not inconsistent with this code, a franchisee shall be subject to and comply with the additional or supplementary terms and conditions of the "ROW ordinance", as may be amended from time to time, which is incorporated herein by reference and such provisions and the provisions of this code shall be deemed a condition of any franchise. The provisions of this Article IV shall apply as provided herein to franchisees and to the full extent permitted by law, additionally to all construction activities in public utility easements.
[Ord. No. 1283 §1(900.305), 1-16-2003]
Prior to its installation of any facilities in the rights-of-way
and after it provides the City with its proposed plans for the facilities,
the City may in its discretion designate certain locations or facilities
in the rights-of-way to be excluded from use by franchisee for its
facilities including, but not limited to, ornamental or similar specially
designed street lights or other facilities or locations which, in
the reasonable judgment of the City, do not have electrical service
adequate or appropriate for the franchisee's facilities or cannot
safely bear the weight or wind loading thereof or any other facility
or location that in the reasonable judgment of the City is incompatible
with the proposed facilities or would be rendered unsafe or unstable
by the installation. The City may further exclude certain other facilities
that have been designated or planned for other use or are not otherwise
available for use by franchisee due to engineering, technological,
proprietary, legal or other limitations or restrictions as may be
reasonably determined by the City. In the event such exclusions conflict
with the reasonable requirements of the franchisee, the City will
cooperate in good faith with franchisee to attempt to find suitable
alternatives, if available, provided that the City shall not be required
to incur financial cost nor require the City to acquire new locations
for franchisee. All such determinations shall be in writing and appealable
to the City Administrator as provided in the ROW ordinance.
[Ord. No. 1283 §1(900.310), 1-16-2003]
To the extent not inconsistent with this code, the location
of all facilities shall be subject to the reasonable review of the
City and to all existing ordinances of the City. The location of pedestals,
vaults, nodes or ground-mounted facilities, including back-up power
supplies, to the extent permitted pursuant to the City's ROW ordinance
and other applicable permitting/zoning requirements shall be provided
to the City for review at least fifteen (15) days in advance of actual
construction. The City shall work with the franchisee to identify
possible alternate locations for placement of such facilities. Unless
specifically authorized herein or otherwise by the City, antennae
or antennae structures having a height of thirty-five (35) feet or
greater located on the rights-of-way or any antennae on other City
owned or controlled property shall not be authorized by a franchise,
but shall require a separate lease or use agreement with the City.
Antennae shall be permitted pursuant to a franchise only on existing
structures requiring no substantial modification and subject to approval
of the City, including as to location and design. City height limitations,
applicable zoning restrictions and general City policies with regard
to all users of the rights-of-way shall also be applicable to all
facilities. The City may establish such regulations or policies as
may be deemed necessary or appropriate to effect this provision.
[Ord. No. 1283 §1(900.315), 1-16-2003]
Franchisee shall not erect, for any reason, any pole on or along
any rights-of-way in an existing aerial utility system where poles
are otherwise available on terms and conditions that are reasonable
under applicable FCC or Missouri Public Service Commission standards,
not including authorized service drop poles. Franchisee 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,
franchisee may negotiate with the utility for the installation of
the needed poles, provided however, that franchisee may not install
its facilities on any such utility pole if the utility has not obtained
all requisite authorizations from the City.
[Ord. No. 1283 §1(900.320), 1-16-2003]
A.
Prior
to constructing any new or additional conduit within any major collector
or any arterial street corridor as designated on the master street
plan of the City's Comprehensive Plan, and which street the City has
designated as a high-density corridor, franchisee shall, unless obtaining
a written waiver from the City, make a good faith effort to ascertain
whether existing or planned conduit exists that the franchise could
reasonably utilize to meet its needs. Provided however, if during
the term of a franchise the City adopts a generally applicable ordinance
requiring all users of the rights-of-way to provide mapping of reserve
conduit prior to constructing any new conduit, franchisee will be
required to certify in writing to the City that it has made appropriate
inquiry to all existing utilities and other entities possessing a
right to occupy the rights-of-way as to the availability of existing
or planned conduit that the franchisee could reasonably utilize to
meet its needs and that no such conduit is available or planned within
the near future at a reasonable cost.
B.
Upon
determination that no such conduit is available, franchisee may install
new conduit pursuant to the following requirements:
1.
Unless
otherwise provided under the rules and policies adopted pursuant to
the ROW ordinance, a franchisee shall provide written notification
of the proposed construction activity to all existing utilities franchisees
and other known service providers who shall have thirty (30) days
from the receipt of such notification to indicate in writing to the
City and the franchisee as to whether they desire to jointly undertake
the construction of such conduit or otherwise co-locate their facilities
at such time. Any utility or franchise holder electing to jointly
construct or co-locate its facilities with that of franchisee shall
share in the pro rata costs of such construction or co-location of
facilities reasonably incurred by franchisee and shall participate
in the project on reasonably the same time schedule established by
the franchisee unless opposed by the City. The City will work with
franchisee in developing the process for these notification requirements.
2.
Such
requirements or policies as may be adopted by the City to implement
these provisions shall be administered and applied on a competitively
neutral and non-discriminatory basis to maximize the available space
in the rights-of-way and to minimize the total number of excavations
and cost of total communications infrastructure installation.
[Ord. No. 1283 §1(900.325), 1-16-2003]
A franchisee shall make its poles or conduits physically available
for use by other parties on terms that are fair and reasonable.
[Ord. No. 1283 §1(900.330), 1-16-2003]
Facilities shall be removed or relocated on request of the City
at franchisee's cost as may be more specifically provided in the ROW
ordinance.
[Ord. No. 1283 §1(900.335), 1-16-2003]
To the extent not inconsistent with the Federal Cable Act, the
franchisee shall be responsible for all reasonable costs borne by
the City that are directly associated with franchisee's installation,
maintenance, repair, operation, use and replacement of its facilities
within the rights-of-way that are not otherwise accounted for as part
of the permit fee established pursuant to the ROW ordinance. Such
costs shall not include costs to the City of locating and marking
of City underground lines or facilities ("locates") for the initial
construction of franchisees cable system, provided that City will
bill and franchisee will pay the cost for repeat locates when required.
Such costs shall not include costs related to the administration of
the franchise nor inspection, compliance or enforcement actions on
the part of the City. All costs shall be itemized and the City's books
and records related to these costs shall be made available upon request
to the franchisee. Franchisee shall be responsible for its own costs
incurred removing or relocating its facilities when required by the
City due to City requirements relating to maintenance and use of the
rights-of-way for City purposes.
