The applicant shall submit a construction map of suitable scale
and a schedule with the application that will show the following detail
within the franchise area:
(1)
All
streets and public buildings;
(2)
All
areas where the cable system will be initially available to subscribers,
hereinafter referred to as the “initial service area”;
and
(3)
A
schedule showing the construction for each year of construction or
reconstruction. If the applicant is filing for renewal of franchise,
the map shall also show the existing cable system.
(Ordinance 99-28, sec. 1, adopted 6/22/99; 1957 Code, sec. 19-160)
Nothing in this section shall prevent the grantee from constructing
or reconstructing the system earlier than planned. However, any delay
in the commencement or completion of the system construction plan
beyond the times specified in the schedule shall require application
to and consent by the council. Any delay beyond the terms of the construction
or reconstruction schedule, unless approved by the council, will be
considered a violation of this article unless not reasonably within
the control of the grantee and which by the exercise of due diligence
the grantee is unable, wholly or in part, to prevent or overcome.
(Ordinance 99-28, sec. 1, adopted 6/22/99; 1957 Code, sec. 19-161)
(a)
Except as provided in subsection (b) of this section, a grantee shall extend its full service outside the initial service area, in accordance with the approved fee schedule, to any location within the service area, upon written request by one (1) or more persons.
(b)
A
grantee shall be entitled to recover from the applicants requesting
such service extensions the direct, total cost of that portion of
the combined trunk and feeder line extension, measured along the most
practicable route from the nearest technically feasible point on the
grantee’s system, not including the length of service drops,
that exceeds eighteen (18) times the basic monthly rate times the
number of residential units passed by the grantee in extending service
to the persons in question.
(Ordinance 99-28, sec. 1, adopted 6/22/99; 1957 Code, sec. 19-162)
The following conditions shall apply to an applicant when it
commences a franchise term and with regard to any construction or
reconstruction required by such franchise agreement:
(1)
Upon
accepting a franchise, a grantee shall, within sixty (60) days, file
the documents required to obtain all necessary federal, state and
local licenses, permits and authorizations required for the conduct
of its business, and shall submit monthly reports to the city manager
and city attorney on progress in this respect until all such documents
are in hand.
(2)
Map
and plan.
A grantee shall submit a more detailed construction plan or reconstruction plan of both the subscriber network and institutional network (see subsection (6)), which shall be incorporated by reference and made a part of the franchise agreement. The plan shall include cable system design details, equipment specifications, design performance criteria, materials of construction, and amplifier and power supply locations.
(3)
Every
three (3) months after the start of construction or reconstruction,
a grantee shall furnish the city manager and city attorney a report
on progress of construction or reconstruction until complete. The
report shall include a map that clearly defines the areas wherein
regular subscriber service is available.
(4)
Copies
of any agreement, reports, petitions, correspondence or other documents
filed with any local, state or federal government or relating to a
grantee’s operations within the city shall be filed simultaneously
with the city attorney.
(5)
A
grantee or its authorized contractors shall obtain permits from the
city engineer, building or other appropriate departments prior to
any physical work being performed in the public rights-of-way, or
on city-owned property. Permits will be issued to a grantee or approved
contractors only on approved plans, which must be submitted on or
before the request for the construction permit. All work will be done
in accordance with the city’s specifications. The city will
issue a permit on receipt of complete and accurate plans, within fifteen
(15) working days.
(6)
Prior
to requesting the issuance of a permit for the installation of any
facility or apparatus in accordance with the provisions of this section,
the grantee shall file such maps with all utility companies and other
public agencies whose facilities are affected by such installation
and obtain a statement signed by a responsible official thereof that
such utility or public agency has no legal or technical objection
to the proposed location of such facility. Such utility companies
and public agencies shall act upon a request made to them by a grantee
in accordance with the foregoing provisions within thirty (30) days
after such request has been made to such utility or public agency.
(7)
A
grantee shall also comply with all provisions that are required for
major construction work.
(Ordinance 99-28, sec. 1, adopted 6/22/99; 1957 Code, sec. 19-163)
(a)
In
all sections of the city where all the cables, wires, or other like
facilities of public utilities are placed underground, the grantee
shall place its cables, wires or other like facilities underground
to the maximum extent that the existing technology reasonably permits
the grantee to do so and any required licenses can be obtained at
reasonable cost. If at any time the city determines that existing
wires, cable or other like facilities of public utilities anywhere
in the city shall be changed from an overhead to an underground installation,
for reasons of public safety or traffic control or to permit a municipal
use of the property, the grantee shall also, at the grantee’s
sole expense, convert its system to an underground installation.
(b)
In
areas of the city where electrical or telephone systems are installed
on poles above ground, the grantee shall have the option of installing
the system in like manner above or under ground.
(c)
A
grantee shall promptly locate any buried or underground utilities
at the city’s request at no cost to the city.
(d)
Drop
wires in underground service areas that are temporarily placed above
ground shall be buried within ten (10) working days of the date and
time of the temporary installation, except in those situations where
conditions are beyond the control of the grantee.
(Ordinance 99-28, sec. 1, adopted 6/22/99; 1957 Code, sec. 19-164)
A grantee shall construct, install, operate and maintain its
system in a manner consistent with all laws, ordinances, construction
standards, governmental requirements, and FCC technical standards,
and detailed standards shall be incorporated by reference as the grantee’s
“technical system description” in the franchise agreement.
In addition, a grantee shall provide the city, upon request, a written
report of the results of the grantee’s annual proof of performance
tests conducted pursuant to FCC standards and requirements. If the
city, in its opinion, has determined that the grantee has not met
the technical standards, it may schedule a public hearing to review
the results of the grantee’s performance tests, said public
hearing to be conducted after the city has provided fourteen (14)
days’ written notice of the same to the grantee and published
notice of said public hearing in a local newspaper at least once.
The grantee shall pay the costs incurred by the city for any technical
assistance deemed necessary by the city for obtaining independent
verification of technical compliance with all standards.
(Ordinance 99-28, sec. 1, adopted 6/22/99; 1957 Code, sec. 19-165)
Construction, installation and maintenance of the cable system
shall be performed in an orderly and workmanlike manner. All cables
and wires shall be installed, where possible, parallel with and in
the same manner as electric and telephone lines. Multiple cable configurations
shall be arranged in parallel and bundled with due respect for engineering
considerations. Underground installation shall be in conformance with
applicable codes. The grantee’s cables, wires and appliances,
in each and every location, shall be maintained in accordance with
the reasonable requirements and specifications of the city, and in
compliance with any rules or ordinances of the city now or hereafter
placed in effect by the city or other authority having jurisdiction.
In any event, the system shall not endanger or interfere with the
safety of persons or property in the franchise area or other areas
where the grantee may have equipment located.
(Ordinance 99-28, sec. 1, adopted 6/22/99; 1957 Code, sec. 19-166)
(a)
When
a grantee, or any person acting on the grantee’s behalf, does
any work in or affecting any public rights-of-way or city property,
it shall, at its own expense, promptly remove any obstructions therefrom
and restore such public rights-of-way or city property to as good
a condition as existed before the work was undertaken.
(b)
If
weather or other conditions do not permit the complete restoration
required by this section, the grantee shall temporarily restore the
affected ways or property. Such temporary restoration shall be at
the grantee’s sole expense and the grantee shall promptly undertake
and complete the required permanent restoration when the weather or
other conditions no longer prevent such permanent restoration.
(c)
A
grantee or other person acting in its behalf shall use suitable barricades,
flags, flagmen, lights, flares and other measures as required for
the safety of all members of the general public and to prevent injury
or damage to any person, vehicle or property by reason of such work
in or affecting such public rights-of-way or property.
(Ordinance 99-28, sec. 1, adopted 6/22/99; 1957 Code, sec. 19-167)
Upon completion of any construction work, the grantee shall
promptly repair or restore all public rights-of-way, including any
and all public and private fixtures, structures and facilities therein,
to as good a condition as before the start of construction.
(Ordinance 99-28, sec. 1, adopted 6/22/99; 1957 Code, sec. 19-168)
(a)
All
trees, landscaping and grounds removed, damaged or disturbed as a
result of the construction, installation, maintenance, repair or replacement
of cable facilities shall be replaced or restored, as nearly as may
be practical, to at least as good a condition as prior to performance
of the work.
(b)
All
restoration work within the public rights-of-way shall be done in
accordance with landscape plans approved by the city manager, or his
or her designee.
(Ordinance 99-28, sec. 1, adopted 6/22/99; 1957 Code, sec. 19-169)
(a)
Within
one hundred twenty (120) days following written notice from the city,
or within a reasonable period of time in the case of an emergency,
a grantee shall, without claim for reimbursement or damages against
the city, temporarily or permanently remove, relocate, change or alter
the position of any cable facilities on city property or within the
public rights-of-way whenever the city manager or his designee shall
have determined that such removal, relocation, change or alteration
is reasonably necessary for:
(b)
In any instance in which operation of subsection (a) is deemed by a grantee to impose a financial hardship on the grantee, the grantee shall have the right to present alternative proposals to the city, and the city shall give due consideration to any such alternative proposals.
(c)
If
the city requires a grantee to adopt or conform its cable facilities
to enable any other entity or person, except the city, to use, or
to use with greater convenience, public rights-of-way or city property,
the grantee shall not be required, unless otherwise specifically provided
herein, to make any such changes until such other entity or person
shall reimburse or make arrangements satisfactory to the grantee to
reimburse the grantee for any loss and expense caused by or arising
out of such change; provided, however, that the city shall never be
liable for such reimbursement.
(d)
If
after proper notice the grantee fails or refuses to remove or abate
the facilities in question, the city retains the rights and privilege
to remove or abate any such cable facilities, at the sole cost and
expense of the grantee. In performing or permitting such work to be
done, the city shall not be liable to the grantee for permitting such
work to be done, the city shall not be liable to any grantee for any
damages to cable facilities unless directly and proximately caused
by the willful intentional or malicious act by the city, and the city
shall not be liable in any event for any consequential damages relating
to service interruptions.
(e)
If
at any time the city determines that existing wires, cable or other
like facilities of public utilities anywhere in the city shall be
changed from an overhead to an underground installation, for reasons
of public safety or traffic control or to permit a municipal use of
the property, the grantee shall also, at the grantee’s sole
expense, convert its system to an underground installation.
(f)
The
city retains the right and privilege to cut or move any cable facilities
located on city property or within the public rights-of-way, as the
city may determine to be necessary, appropriate or useful in response
to any public health or safety emergency. The city shall cooperate
to the extent possible with the grantee in such instances to assure
continuity of service, and to afford the grantee the opportunity to
make such relocation and/or removal itself where deemed reasonable,
at the city’s sole discretion.
(g)
If
the temporary removal of a grantee’s aerial facilities is necessary
to permit the moving of houses or other bulky structures, the grantee
shall be required to temporarily remove the same upon not less than
forty-eight (48) hours’ advance notice by a party permitted
to move a building, house or other bulky structure pursuant to city
ordinances. The expenses for such temporary relocation or removal
of aerial facilities shall be paid by the party or parties requesting
and benefiting from such temporary relocation or removal unless the
city requests, in which event there will be no charge.
(Ordinance 99-28, sec. 1, adopted 6/22/99; 1957 Code, sec. 19-170)
Unless directly and proximately caused by the willful, intentional,
or malicious acts by the city, the city shall not be liable for any
damage to or loss of any cable facility on city property or within
the public rights-of-way as a result of or in connection with any
public works, public improvements, construction, excavation, grading,
filling, or work of any kind on city property or in the public rights-of-way
by or on behalf of the city, and shall not be liable in any event
for any consequential damages relating to service interruptions.
(Ordinance 99-28, sec. 1, adopted 6/22/99; 1957 Code, sec. 19-171)
No grantee nor any person acting on a grantee’s behalf
shall take any action or permit any action to be done which may impair
or damage any city property, public rights-of-way, or other property
located in, on or adjacent thereto.
(Ordinance 99-28, sec. 1, adopted 6/22/99; 1957 Code, sec. 19-172)
No grantee nor any person acting on the grantee’s behalf
shall commence any nonemergency work that disturbs the surface of
the right-of-way or obstructs the right-of-way in or about city property
or public rights-of-way without the provision of advance notice to
the city.
(Ordinance 99-28, sec. 1, adopted 6/22/99; 1957 Code, sec. 19-173)
In the event of an unexpected repair or emergency, a grantee
may commence such repair and emergency response work as required under
the circumstances, provided the grantee shall notify the city as promptly
as possible, before such repair or emergency work or as soon thereafter
as possible if advance notice is not practicable.
(Ordinance 99-28, sec. 1, adopted 6/22/99; 1957 Code, sec. 19-174)
Each grantee shall maintain its facilities in good and safe
condition and in a manner that complies with all applicable law.
(Ordinance 99-28, sec. 1, adopted 6/22/99; 1957 Code, sec. 19-175)
