(A) Right to review; briefings.
(1) The Municipality shall have the right to review the grantee's construction plans and specifications prior to the commencement of any new construction to assure compliance with the standards specified in this chapter and to inspect all aspects of cable system construction. The Municipality shall not, however, be required to review or approve such plans and specifications or to make such inspections, and the Municipality specifically disclaims such obligation. The grantee shall be solely responsible for taking all steps necessary to assure compliance with such standards and to ensure that the cable system is installed in a safe manner and pursuant to the terms and conditions of this chapter and the franchise agreement.
(2) Before beginning new construction of, or on any part of, the cable system, the grantee's chief engineer or designated individual shall meet with the Municipal Administrator, Manager or designated individual to provide and explain the grantee's construction plans and work program in detail. Similar briefings shall be held from time to time as deemed necessary by either the Municipality or the grantee until the work is completed.
(B) The grantee shall, within 90 days after the effective date of its franchise, furnish to the Municipality complete "as-built" plans of the cable system and shall, thereafter, furnish to the Municipality amendments to such plans within 45 days after completion of any extension or modification of the cable system. If so requested by the grantee, the Municipality shall keep such as-built plans confidential to the extent allowable by law, and shall show such plans only to those employees, contractors or Municipality officials who need to see them as a part of their responsibilities to the Municipality, or pursuant to their responsibilities for locating utilities. Upon implementation of a municipal Geographic Information System (GIS), the grantee shall provide said "as-built" plans in a digital format which is compatible to the computer systems of the grantee and the Municipality.
(C) The grantee shall obtain permits from the Municipality before commencing any new construction of or within the cable system, with specific permission being required for the opening or disturbance of any public street or public way within the Municipality. The permit application shall include a plan drawn in sufficient detail to demonstrate to the Municipality that the cable system will be constructed in accordance with all applicable codes and ordinances. Where cable is to be installed on existing poles, the permit application shall include a drawing showing the existing poles and additional poles, if requested. Without characterizing the violation of other provisions of this chapter, as amended from time to time, the failure to obtain permits shall constitute a material violation of this chapter. The grantee also, before the commencement of new construction of, or on any part of, the cable system, shall become and remain a member of the J.U.L.I.E. system, or the utility locating system serving Lake County, Indiana ("Holey Moley"). The grantee may redact any information which it deems proprietary.
(D) All work involved in the construction, operation, maintenance, repair, and removal of the cable system, or any part thereof, shall be performed in a workmanlike manner using materials of good and durable quality. If, at any time, it is determined by the Municipality or any other agency or authority of competent jurisdiction that any part of the cable system, including without limitation any means used to distribute signals over or within the cable system, is harmful to the health or safety of any person, then the grantee, at its sole cost and expense, shall promptly correct all such conditions. Any contractor, subcontractor, or other person proposed to be employed for the installation, maintenance, relocation, or repair of cable system equipment or facilities shall be licensed in accordance with applicable laws and shall be thoroughly experienced in the work for which he or she is retained.
(E) The grantee shall at all times comply with the rules and regulations for infrastructure specifications as found in Appendix A of this chapter and any and all rules and regulations enacted or to be enacted by the Municipality with reference to construction activity in public streets or public ways. All poles, wires, conduits, cables, equipment, pipes, appurtenances, structures, and other facilities of the cable system shall be installed and located in compliance with all applicable municipal codes and ordinances and the applicable provisions of the franchise so as to cause minimum interference with the rights and reasonable convenience of the general public, all as determined by the Municipality in its sole and absolute discretion. Unless the Municipality shall in writing waive its right to review plans, no construction or other work relating to such facilities within the public streets and public ways of the Municipality shall be commenced until the Municipality shall have approved and issued a permit on the plans, specifications and methods for such work. Any such permit may be so conditioned or restricted as deemed necessary by the Municipality to protect the public health, safety, and welfare. All such facilities shall at all times be kept and maintained in a safe condition and in good order and repair.
(Ord. 767, passed 4-25-00)