(a) Installation; Location. A cable system shall be installed only on the property of a Grantee, on existing pole facilities that the Grantee may use under a valid pole attachment agreement or order of the City, on the property of a subscriber, in compatible easements that the Grantee is entitled to use, or under the streets of the City. Installation of new poles on the streets is forbidden without the prior written consent of the City. A Grantee's placement of its cable system pursuant to its Franchise shall not be deemed to give the Grantee a property interest in any particular location on the streets or upon public property. The City reserves the right to designate where a cable system is to be placed on the streets and upon public property including any public utility easements. The cable system shall be placed in public utility easements unless otherwise designated by the City.
(b) Installation; Timing. A Grantee shall begin the installation, upgrade, or rebuild of its cable system within a reasonable length of time after the effective date of its Franchise, which date shall be specified in the franchise agreement. A Grantee shall be obligated to complete the construction of its cable system promptly and within a time specified in the franchise agreement, which time shall be reasonable in light of the nature of the construction required to build the cable system proposed by the Grantee. A Grantee is obligated to obtain all permits, licenses, approvals, and contracts required in order for it to begin and complete its cable system in accordance with its franchise agreement.
(c) General Construction and Operational Practices.
(1) The construction, operation, and repair of every cable system in the City and all parts thereof shall be performed in an orderly and workmanlike manner. To this end, each person who constructs, operates, or repairs a cable system shall do so in accordance with all applicable federal, state, local, and industry codes now or hereafter in effect. Without limiting the foregoing, the installation of any cable system shall be in accordance with the requirements of the National Electrical Safety Code (or any superseding code) of the American Insurance Association (or successor organization) and all applicable laws affecting electrical installations and buildings, now or hereafter in effect. A franchise agreement may identify specific construction codes that a Grantee must satisfy in addition to this general requirement. In the event of a conflict among codes and standards, the most stringent code requirement or standard shall apply. The City may adopt reasonable additional standards as required to ensure that work continues to be performed in an orderly and workmanlike manner, or to reflect changes in standards which may occur over the term of a Franchise, after consultation with each affected Grantee.
(2) The construction, operation, and repair of the cable system shall be performed by experienced personnel who shall keep the cable system in a safe and suitable condition and in good order and repair. All installations shall be durable and use equipment of good quality.
(3) Each Grantee shall construct, operate, and repair its cable system so as not to endanger or unduly interfere with the property of the City; any gas, electric, or telephone fixture or other public utility property, including any water or sewer lines or fixtures; or the lives or property of persons; or to unnecessarily hinder or obstruct the use of streets. A Grantee shall protect (at its expense) public property and private property from damage caused by the construction, operation, and repair of its cable system, and promptly repair damage the Grantee causes or compensate the owner of the property for damage the Grantee causes. It shall repair damaged property or pay compensation within no later than ten days of the date of the damage. Each Grantee shall construct, operate, and maintain its cable system with due care for the safety and integrity of persons and property, and shall use appropriate safety devices, warning signs, barricades, and lights to prevent harm to persons or property.
(4) A Grantee shall notify any person whose property is damaged by that Grantee within four hours of the time the damage is discovered. At a minimum, this section requires a Grantee to place a prominent notice in a prominent place on the damaged property, and to make diligent efforts to contact the property owner or resident directly.
(5) All excavation shall be performed so as to create the least inconvenience to the public, and in accordance with permits issued by the City. The City shall have the right to supervise all excavation.
(6) If a Grantee disturbs any street, public property, or private property during the course of constructing, operating, or repairing its cable system, that Grantee shall, at its expense, replace and restore the street or property to a good condition as before said work was commenced as is possible to the reasonable satisfaction of the City (in the case of streets or public property) or the owner (in the case of private property). Each Grantee shall at all times comply with the requirements of 47 U.S.C. § 541(a)(2)(A)-(C). If any utility property is affected, including gas, electric telephone, water, sewer, or storm drain, the owner shall be notified immediately and repairs shall immediately be made under the direction of the affected utility. The streets, public property, or private property affected shall be replaced or restored promptly, no later than within ten days of the date of the disturbance.
(7) In any area where any electric or telephone systems are underground, a Grantee shall install its cable system underground. If, after a Grantee installs its cable system, electric or telephone systems are relocated so that any electric or telephone systems in an area are underground, the Grantee shall place its cable system in that area underground. Between a street and a subscriber's residence, if both electric and telephone utility wiring is aerial, a Grantee may install aerial cable except where a property owner or resident requests underground installation and agrees to bear the additional cost of such installation over and above the cost of aerial installation.
(8) A Grantee shall maintain records of the location of its cable system for both underground and aerial cables. A Grantee shall provide information regarding the location of its cable system upon request of the City or any authorized governmental body for engineering design purposes. Location information shall be provided within thirty days of request.
(9) Notwithstanding any requirements of underground service alert, Grantee shall pothole underground facilities at its expense upon request of the City or any authorized governmental body for engineering design purposes to ascertain the vertical and horizontal location of said facilities. Potholes shall be provided within thirty days of request. Requester shall be notified forty-eight hours in advance of the pot-holing operation, and when the underground facility is exposed for measurement. After requester obtains measurements, Grantee shall fill, compact, and pave pothole to the satisfaction of the City.
(10) Grantee shall perform all tasks of an "owner of underground utility facility" under Ohio Government Code 153.64 and shall be a member of an underground utility protection service.
(11) A Grantee shall initially provide to the City an electronic map of the Grantee's cable system within the public right-of-way. This electronic map shall be compatible with the City's system, shall be updated semi-annually, and shall at all times be provided at no cost to the City.
(d) Relocation of Facilities.
(1) For Governmental Bodies. A Grantee is required to remove, relay, and relocate its cable system at its expense whenever the City (on its own behalf or on behalf of an assessment district) or any authorized governmental body requires it to do so for reasons of traffic conditions; public health and safety, and protection of property; or because the City or authorized governmental body elects to change or alter the grade, align or widen a street, or sell or vacate any street or public property, to move any building or structure, or to construct, operate, or repair any water pipes, lines, or mains, sanitary and storm sewers, watercourses, drainage ditches, conduits, playgrounds, power lines, tracks, traffic control devices, or other public improvement, public utility, public structure or facility, which change, alteration, sale, vacation, movement, construction, operation, or repair will be aided by removal, relaying, or relocation of a Grantee's cable system. An affected Grantee shall be given written notice requesting the removal, relaying, or relocation of its cable system at least fifteen days in advance of the date removal, relaying, or relocation of the cable system must be completed.
(2) For Other Authorized Entities. If any removal, relaying, or relocation is required to accommodate the construction, operation, or repair of the facilities of another person which is authorized to use the streets or public property, a Grantee shall, after at least fifteen (15) days advanced written notice, take action to implement the necessary changes requested by the responsible entity. The City may resolve disputes as to responsibility for costs associated with removal, relaying, or relocation of facilities among entities authorized to install facilities in the streets or on public property if such entities are unable to do so themselves.
(3) For Third Persons. A Grantee shall, upon the request of any person holding a building moving permit issued by the City, temporarily raise, lower, relay, relocate, or remove its wires, cables, and other facilities to accommodate the moving of the building, as the Grantee shall determine. The expense of such temporary raising or lowering, relaying, relocation, or removal of a Grantee's facilities shall be paid by the person requesting the same, and the Grantee shall have the authority to establish the reasonable cost of such changes and require such payment in advance. A Grantee shall temporarily move its cable system as required under this subsection (d)(3) if required payments are made and the Grantee is given at least forty-eight hours advance written notice to arrange for such temporary changes.
(e) Failure to Remove, Replace, or Restore. If a Grantee fails to remove, relay or relocate its cable system as required or within the time period specified in subsection (d) hereof; or if a Grantee fails to restore, repair, or replace streets or public property as required and within the time period specified in subsection (c) hereof; the City may perform the work itself or hire someone to perform the work, and the Grantee shall compensate the City for all reasonable expenses it incurs. In the event a Grantee fails to restore, replace, or repair private property as required and within the time period specified by subsection (c) hereof, the owner may perform the work itself or hire someone to perform the work, and the Grantee shall compensate the owner for all reasonable expenses incurred. If a Grantee fails to protect streets or public property as required by its Franchise, the City may do so, and the Grantee shall compensate the City for all reasonable expenses incurred thereby. The Grantee shall pay expenses incurred by the City or property owner within ten days of receipt of an itemized account of such expenses.
(f) Removal of Relocation in Event of Emergency. In event of emergency, or where a cable system creates or is contributing to an imminent danger to health, safety, or property, the City may remove, relocate, or relay that cable system without prior notice at Grantee's expense.
(g) Authority to Trim Trees. A Grantee shall comply with the City tree ordinance if and when it trims trees and shrubbery upon and overhanging streets and other public property. If the City requests it, trimming shall be done under the supervision and direction of the City.
(h) No Guarantee of Accuracy of Maps. The City does not guarantee the accuracy of any maps showing the horizontal or vertical location of existing structures. In streets, where necessary, the location shall be verified by excavation by Grantee at its expense.
(i) Contractors. All contractors or subcontractors shall be properly licensed, and each contractor or subcontractor shall have the same obligations with respect to its work as a Grantee would have under its Franchise and applicable laws if the work were performed by the Grantee. Each Grantee shall be responsible for ensuring that the work of its contractors and subcontractors is performed consistent with the Franchise and applicable law, shall be fully responsible for all acts or omissions of its contractors or subcontractors, and shall be responsible for promptly correcting acts or omissions by any of its contractors or subcontractors.
(Ord. 52-96. Passed 7-8-96.)
(Ord. 52-96. Passed 7-8-96.)