[Amended 8-16-1982 by Ord. No. 82-7; 6-16-1997
by Ord. No. 97-7]
A.
The grantee's proposal may clearly indicate the date
by which system engineering and design shall be completed and dates on which
each stage of system construction shall be completed.
B.
The energized cable shall be extended throughout the
City within 18 months after commencement of construction or such other time
specified in a grantee's franchise agreement. All persons along the route
of the energized cable who desire them may have individual drops installed
within the same period of time.
C.
A map prepared by the grantee reflecting the areas within
the City initially served by the system along with the schedule for development
of the system may be included in the grantee's proposal.
D.
The City shall cooperate with the grantee in the development
of its proposed service area by making available to the grantee, for copying,
all maps, data and other statistical information, then in possession of the
City, needed for the preparation of a map defining the initial service area.
A.
The grantee's construction timetable as set forth in
the franchise agreement shall reflect the specific method and schedule of
construction of the system. The plan of the grantee shall reflect the following:
B.
Within 30 days after the commencement of the franchise
term, the grantee may apply for all necessary permits, licenses, certificates
and authorizations which are required in the conduct of its business, including,
but not limited to, any joint use attachment agreements, microwave carrier
licenses, or any other permits, licenses and authorizations to be granted
by duly constituted regulatory agencies having jurisdiction over the operation
of cable communications systems, or their associated microwave transmission
facilities. If after six months from the commencement of franchise term the
grantee has not received the permits, licenses, certificates and authorizations
described in this section, the City may assess penalties pursuant to the franchise
agreement without regard to fault for delay in obtaining such permits, licenses,
certificates and authorizations.
C.
The grantee shall promptly notify the City of all delays
known or anticipated in the construction of the system. The City may extend
the construction timetable in the event the grantee, acting in good faith,
experiences delays by reason of circumstances beyond its control.
Unless otherwise provided in its franchise agreement:
A.
The grantee shall not open or disturb the surface of
any streets, or public property, without first obtaining a permit from the
City for which permit the City may impose a reasonable fee to be paid by the
grantee. The lines, conduits, cables and other property placed in the streets
and public property pursuant to such permit shall be located in such part
of the street or public property as shall be determined by the City. The grantee
shall, upon completion of any work requiring the opening of any streets or
public property, restore the same, including the pavement and its foundations
to as good a condition as formerly and in a manner and quality approved by
the City, and shall exercise reasonable care to maintain the same thereafter
in good condition. Such work shall be performed with diligence and due care,
and if the grantee shall fail to perform the work promptly, to remove all
dirt and rubbish and to put the street or public property back into the condition
required hereby, the City shall have the right to put the streets or public
property back into such condition at the expense of the grantee. The grantee
shall, upon demand, pay to the City the cost of such work done.
B.
All wires, conduits, cable and other property and facilities
of the grantee shall be so located, constructed, installed and maintained
as not to endanger or unnecessarily interfere with the usual and customary
trade, traffic, and travel upon, or other use of, the streets and public property
of the City. The grantee shall keep and maintain all of its property in good
condition, order and repair so that the same shall not menace or endanger
the life or property of any person. The City shall have the right to inspect
and examine at all reasonable times and upon reasonable notice the property
owned or used, in part or in whole, by the grantee. The grantee shall keep
accurate maps and records of all of its wires, conduits, cables and other
property and facilities located, constructed and maintained in the City. Further,
the grantee shall furnish copies of such maps and records from time to time
as requested by the City without charge.
C.
All wires, conduits, cables and other property and facilities
of the grantee shall be constructed and installed in an orderly and workmanlike
manner. All wires, conduits and cables 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 engineering
considerations.
D.
Regulations.
(1)
The grantee shall at all times comply with the following
codes, rules, regulations, as amended, and any others supplemental to or in
substitution thereof:
(2)
In any event, the installation, operation or maintenance
of the system shall not endanger or interfere with the safety of persons or
property in the City.
E.
Whenever the City shall undertake any public improvement
which affects the grantee's equipment or facilities, the City may, with due
regard to reasonable working conditions and with reasonable notice, direct
the grantee to remove or relocate its wires, conduits, cables and other property
located in streets or public property. The grantee shall relocate or protect
its wires, conduits, cables and other property at its own expense.
F.
The grantee's plans for constructing its system, and
the construction of the system, shall be in accordance with its proposal as
modified by the franchise agreement. However, the grantee shall comply with
the following minimum requirements:
(1)
The grantee shall construct underground in any area where
both the electrical and telephone lines have been installed underground.
(2)
The grantee shall change from aerial to underground,
at its own expense, in any area where both the telephone and electric utilities
are hereafter changed from aerial to underground.
(3)
To enable the grantee reasonable opportunity to change
its wiring from aerial to underground, and also to allow it to prewire all
new subdivisions or new development areas, the City shall provide the grantee
with written notice of the following but without liability for failure to
provide such notice:
G.
The grantee shall, upon completion of any work on private
property (or easements thereon), restore the same, including any and all landscape
features, plantings, turf, buildings, pipes, and wires (overhead and underground),
pavements, sidewalks, foundations or other features whatsoever, to as good
a condition as existed before construction.
H.
The grantee shall prior to construction make a clear
video tape record of all underground construction and other specially designated
areas. Such tapes are to be preserved for three years after completion of
the applicable construction.
Unless otherwise provided in its franchise agreement:
A.
The grantee shall not place poles or other fixtures where
the same will interfere with any gas, electric, or telephone fixture, water
hydrant or main.
B.
The grantee, at the request of any person holding a building
moving permit and with not less than five days' advance notice, shall temporarily
remove, raise or lower its wires, conduits and cables. The expense of such
temporary removal, raising or lowering of wires, conduits and cables shall
be paid by the person requesting the same, and the grantee shall have the
authority to require such payment in advance.
C.
The grantee shall have the authority, to the extent the
City has authority to grant the same, to trim trees upon or overhanging any
street or public property so as to prevent the branches of such trees from
coming in contact with the wires, conduit and cables of the grantee. All trimming
shall be done under the supervision and direction of the City and at the expense
of the grantee.
