A. Construction Standards:
1. All installations of electronic equipment shall be durable and installed in accordance with the provisions of the national electrical and safety code and national electrical code, as amended.
2. Antennas and their supporting structures (towers) shall be painted, lighted, erected and maintained in accordance with all applicable rules and regulations of the federal aviation administration and all other generally applicable state or local laws, codes and regulations.
3. The grantee's plant and equipment for the provision of cable service, including, but not limited to, the antenna site, headend and distribution system shall be installed, located, erected, constructed, reconstructed, replaced, removed, repaired, maintained and operated in accordance with good engineering practices.
4. The grantee shall employ ordinary care and shall install and maintain in use commonly accepted methods and devices preventing failures and accidents which are likely to cause damage, injury or nuisance to the public.
B. Construction Codes And Permits: The grantee shall obtain all legally required permits before commencing any work requiring a permit, including the opening or disturbance of any street, or public property or public easement within the community. The grantee shall strictly adhere to all building and zoning codes currently or hereafter applicable to construction, operation or maintenance of the system in the community, provided such codes apply to all other similarly situated entities.
C. Repair Of Streets And Property: Any and all streets or public property or private property, which are disturbed or damaged during the construction, repair, replacement, relocation, operation, maintenance or reconstruction of the system shall be repaired by the grantee, at its expense, to a condition as good as that prevailing prior to the grantee's construction.
D. Use Of Existing Poles: The grantee shall not erect, for any reason, any pole on or along any street in an existing aerial utility system without the advance written approval of the grantor, which approval shall not be unreasonably withheld. The grantee shall exercise its best efforts to negotiate the lease of pole space and facilities from the existing pole owners for all aerial construction.
E. Undergrounding Of Cable:
1. Cable plant shall be installed underground at the grantee's expense where all existing telephone and electrical utilities are already underground. The grantee shall place cable underground in newly platted areas in concert with both the telephone and electrical utilities, to the extent the grantee is notified of such placement. In the event that any telephone or electric utilities are reimbursed by the grantor or any agency thereof for the placement of cable underground or the movement of cable, the grantee shall be reimbursed upon the same terms and conditions as any telephone, electric or other utilities.
2. Extensions into new underground subdivisions shall be partial expense of the developer. The minimum improvements which a developer shall make shall include provisions for cable television substructure including trench and installed conduit suitable for installation of cable television distribution facilities. Developer's agreement shall be given in writing prior to the approval by the city of any preliminary subdivision map. The developer shall bear all costs of installing underground conduit in order to make cable television service available to each separate lot within the subdivision. The developer may engage the franchised cable television operator within the city to perform the foregoing construction, or may engage an independent contractor of its choice to do so. If an independent contractor is engaged, construction shall be subject to final approval of the franchised cable television operator within the city. The city council shall have authority to promulgate such policy or policies as it deems are required to effect the implementation of this section.
F. Reservation Of Street Rights:
1. Nothing in this franchise shall be construed to prevent the grantor from constructing, maintaining, repairing or relocating sewers; grading, paving, maintaining, repairing, relocating and/or altering any street; constructing, laying down, repairing, maintaining or relocating any water mains; or constructing, maintaining, relocating, or repairing any sidewalk or other public work.
2. All such work shall be done, insofar as practicable, in such a manner as not to obstruct, injure or prevent the free use and operation of the poles, wires, conduits, conductors, pipes or appurtenances of the grantee.
3. If any such property of the grantee shall interfere with the construction or relocation, maintenance or repair of any street or public improvement, whether it be construction, repair, maintenance, removal or relocation of a sewer, public sidewalk, or water main, street or any other public improvement, thirty (30) days' notice shall be given to the grantee by the grantor and all such poles, wires, conduits or other appliances and facilities shall be removed or replaced by the grantee so that the same shall not interfere with the said public work of the grantor, and such removal or replacement shall be at the expense of the grantee herein. Should, however, any utility company or other entity be reimbursed for relocation of its facilities as part of the same work that requires the grantee to remove its facilities, the grantee shall be reimbursed upon the same terms and conditions as such utilities or other entities.
G. Reasonable Care: Nothing contained in this franchise shall relieve any person from liability arising out of the failure to exercise reasonable care to avoid injuring the grantee's facilities while performing any work connected with grading, regrading, or changing the line of any street or public place or with the construction or reconstruction of any sewer or water system.
H. Trimming Of Trees: The grantee shall have the authority to trim trees upon and hanging over streets, alleys, sidewalks, and public places of the grantor so as to prevent the branches of such trees from coming in contact with the wires and cables of the grantee; provided, however, all trimming shall be done at the expense of the grantee.
I. Movement Of Facilities: In the event it is necessary to temporarily move or remove any of the grantee's wires, cables, poles, or other facilities placed pursuant to this franchise, in order to lawfully move a large object, vehicle, building or other structure over the streets of the grantor, upon two (2) weeks' notice by the grantor to the grantee, the grantee shall move, at the expense of the person requesting the temporary removal, such of his facilities as may be required to facilitate such movements. The grantee reserves its right to request that such expenses be paid in advance. Any service disruption provisions of this franchise shall not apply in the event that the removal of the grantee's wires, cables, poles or other facilities results in temporary service disruptions. (Ord. 255, 10-6-2003)