A.
The grantee's system and associated equipment erected
by the grantee within the city shall be so located as to cause minimum
interference with the proper use of streets, alleys and other public
rights-of-way and to cause minimum interference with the rights and
reasonable convenience of property owners who adjoin any of said streets,
alleys or other public rights-of-way. No pole or other fixtures placed
in any public rights-of-way by the grantee shall be placed in such
a manner as to interfere with normal travel on such public rights-of-way.
B.
The city does not guarantee the accuracy of any maps
showing the horizontal or vertical location of existing substructures.
In public rights-of-way, where necessary, the location shall be verified
by excavation.
C.
Construction, installation, operation and maintenance
of the telecommunications system shall be performed in an orderly
and workmanlike manner, in accordance with then-current technological
standards. All cables and wires shall be installed, where possible,
parallel with electric and telephone lines. Multiple cable configurations
shall be arranged in parallel and bundled with due respect for aesthetic
and engineering considerations.
D.
Construction standards. The construction, installation,
operation, maintenance and/or removal of the telecommunications system
shall meet all of the following safety, construction and technical
specifications and codes and standards, as applicable:
(1)
Occupational safety and health administration regulations
(OSHA).
(2)
National Electrical Code National Electric Safety
Code (NESC).
(3)
Appropriate manual of construction procedures and
standards as determined by the city's Chief Inspector of buildings.
(4)
All federal, state and municipal construction requirements.
(5)
All building and zoning codes and all land use restrictions
as the same exist or may be amended hereafter.
E.
The city or its designee shall have the right to inspect
at any time the telecommunications system, together with any appurtenant
property of the grantee site and within the city. The grantee shall
cooperate fully with the city during all inspections and shall provide
access to all equipment, records and other materials and information
necessary for such inspections. Except as otherwise provided by this
chapter, the franchise, law, regulation or chapter, all inspections
performed by the city shall be initially at the city's sole cost and
expense. If the grantee is found not to be in compliance with the
terms of this chapter and all other applicable law, then the grantee
must reimburse the city for the costs of such inspections. This reimbursement
is not to be considered a part of the franchise fee.
F.
All worker facilities, conditions and procedures that
are used during construction, installation, operation and maintenance
of the telecommunications systems shall comply with the standards
of the Occupational Safety and Health Administration.
The franchise shall specify the grantee's construction
timetable. The timetable shall be a monthly schedule.
The grantee may request city authorization to
extend service within the city and any areas annexed to the city under
such extension provisions as provided for in the franchise.
A.
All installations shall be underground in those areas
of the city where public utilities providing telephone and electric
service are underground at the time of installation. In areas where
either telephone or electric utility facilities are above ground at
the time of installation, the grantee may install its service above
ground, provided that at such time as those facilities are required
to be placed underground the grantee shall likewise place its services
underground without cost to the city. All cable passing under the
roadway shall be installed in conduit.
B.
In any case where enclosures housing minihubs, switching
or other such equipment are to be utilized along streets and sidewalks,
such equipment must be vaulted or otherwise contained in an underground
enclosure so as to conform to existing city and utility equipment
installation requirements. A certificate of approval from the city,
which approval will not be unreasonably withheld, shall be required
for the location of any pedestal in a public right-of-way.
C.
Prior to construction or alteration of aerial or underground
construction in the public right-of-way, the grantee shall in each
case file plans with the appropriate city agencies, complete use agreements
with the utility companies if necessary, obtain all construction permits
and receive written approval from the city before proceeding and,
if applicable, a certificate of appropriateness in the historic district.
D.
The grantee shall give appropriate notice to the city
and residents within a reasonable period of time of proposed construction,
excavation, laying or stringing of cable under streets or on poles,
but in no event shall such notice be given less than 14 days before
such commencement. Local newspaper advertisement of such construction
shall be deemed sufficient notice for purposes of this section only.
E.
Interference with persons, improvements, public and
private property and utilities. The grantees' system and facilities,
including poles, lines, equipment and all appurtenances, shall be
located, erected and maintained so that such facilities shall:
(1)
Not endanger or interfere with the health, safety
or lives of persons.
(2)
Not interfere with any improvements the city, county
or state may deem proper to make.
(3)
Not obstruct, hinder or interfere with any gas, electric,
water or telephone facilities or other utilities located within the
city.
F.
Restoration to prior condition. In case of any disturbance
of pavement, sidewalk, driveway or other surfacing, the grantee shall,
at its own cost and expense and in a manner approved by the city,
replace and restore all paving, sidewalk, driveway, landscaping or
surface of any street, alley or public right-of-way disturbed in as
good a condition as, or better than, before said work was commenced
and in a good workmanlike, timely manner in accordance with standards
for such work set by the city. Such restoration shall be completed
within no more than 48 hours after the damage is incurred. In such
instances, the city shall give the grantee notice to the extent practicable.
G.
Disconnection and relocation. The grantee shall, at
its sole cost and expense, protect, support, temporarily disconnect,
relocate in the same street or other streets and public rights-of-way
or remove from any street or from any other public rights-of-way any
of its property as reason of traffic conditions, public safety, street
construction, change or establishment of street grade or the construction
of any public improvement or structure by any city department may
necessitate.
H.
The grantee shall be subject to all laws, ordinances
or regulations regarding private property in the course of constructing,
installing, operating or maintaining the telecommunications system
in the city. The grantee shall promptly repair or replace all private
property, both real and personal, damaged or destroyed as a result
of the construction, installation, operation or maintenance of the
telecommunications system at its sole cost and expense.
I.
The grantee shall, at the request of any person holding
a building moving permit issued by the city, temporarily raise or
lower its wire to permit the moving of buildings. The expense of such
temporary removal, raising or lowering of wires shall be paid by the
person requesting the same, and the grantee shall have the authority
to require such payment in advance. The grantee shall be given not
less than 15 working days' advance notice to arrange for such temporary
wire changes. The city shall be exempt from payment for removal, raising
or lowering of wires when moving city-owned property.
J.
The grantee may trim trees or other vegetation owned
by the city to prevent branches, leaves or roots from touching or
otherwise interfering with its wires, cables or other structures as
approved by the city.
(1)
All tree/root trimming or pruning provided for herewith
shall be done under the supervision and direction of the appropriate
city agency and only with its prior written approval.
(2)
All trimming or pruning shall be at the expense of
the grantee.
(3)
The grantee may contract for such trimming or pruning
services with any person approved by the city prior to rendering of
such service.
(4)
Any and all persons engaged by the grantee to provide
tree trimming or pruning services shall be deemed, for purposes of
the franchise, an employee or agent of the grantee when engaged in
such activity, and in no event shall such person be deemed to be an
employee of the city. If applicable, specific approval shall be received
for tree trimming or pruning services in the historic district, which
approval shall not be unreasonably withheld.
(5)
The grantee shall use its best efforts to obtain the
prior permission of the owner of any privately owned trees or other
vegetation before pruning or trimming same.
(6)
The grantee shall give appropriate notice to the city
and residents within a reasonable time of proposed tree/root trimming
and pruning, but in no event shall such notice be given less than
seven days before such commencement. A local newspaper advertisement
of such pruning or trimming shall be deemed sufficient notice for
purposes of this section only.
K.
Where any damages or alterations occur to the city's
water, sewage or drainage lines or to any other municipal structures
during the construction due to the presence, negligence, operation
or maintenance of the telecommunications systems, the sole cost of
such repairs, including all services and materials, will be billed
against the grantee, and these charges shall be paid immediately or
the city may foreclose on performance bonds, exercise its rights against
the letter of credit or invoke any other appropriate sanctions provided
for in this chapter or under state law.
L.
All necessary easements over and under private property
shall be arranged for by the grantee.
M.
The grantee shall submit to the city a manual which
sets forth the specifications, standards and procedures for construction
and installation of its telecommunications system. Said manual shall
be consistent with the highest standards of the telecommunications
industry and shall, at a minimum, establish procedures to ensure quality
work and provide for the safety and protection of residents and property.
Said manual shall be included in the franchise.
N.
Upon completion of the construction of the telecommunications
system, the grantee shall submit to the city a complete and accurate
set of as-built maps. Maps shall be based on current state plane coordinates
and shall be provided to the city on disc in DXF format. Such maps
shall be compatible with any geographic information system utilized
by the city.
A.
Where poles already exist for use in serving the city
and are available for use by the grantee, but it does not make arrangements
for such use, the city may require the grantee to use such poles and
structures if the public convenience would be enhanced thereby and
the terms of the use available to the grantee are just and reasonable.
B.
No new poles shall be installed by the grantee without
the prior approval of the city.
A.
No conduit shall be installed by the grantee in the
downtown area without prior approval of the city with regard to location
and any other pertinent aspect, which approval shall not be unreasonably
withheld. However, no location of any conduit of the grantee shall
give rise to a vested interest and such conduit or structures shall
be removed or modified by the grantee at its own expense whenever
the public convenience would be enhanced thereby.
B.
Where conduit already exists for use in serving the
downtown area and is available for use by the grantee, but it does
not make arrangements for such use, the city may require the grantee
to use such conduit if the public convenience would be enhanced thereby
and the terms of the use available to the grantee are just and reasonable.
