(A) Pole agreements. The grantee may lease, rent or in any other manner by mutual agreement obtain the use of towers, poles, lines, cables and other equipment and facilities from utility companies operating within the city, and use towers, poles, lines, cables and other equipment and facilities for the system. When and where practicable, the poles used by the grantee’s distribution system shall be those erected and maintained by the utility companies operating within the city, provided mutually satisfactory rental agreements can be reached. It is the grantor’s desire that all holders of public franchises in the city cooperate with the grantee and allow the grantee the use of their poles and pole line facilities whenever possible so that the number of new or additional poles installed in the city may be minimized.
(B) Grantee’s poles. The grantee shall have the right to erect, install and maintain its own towers, poles, guys, anchors, underground conduits and manholes as may be necessary for the proper construction and maintenance of the antenna site, headend and distribution system, providing that the grantee has at the worksite the necessary grantor permit(s) or copy thereof, for scheduled work, obtained in advance from the appropriate department of the grantor. However, the grantor’s poles cannot be located any closer to a street than what is permitted for tree plantings as written in the city’s code of ordinances.
(C) Rent of grantee’s poles. A grantee shall have the right to establish terms, conditions and specifications governing the form, type, size, quantity and location of equipment of others on its poles, and shall have the further right to charge a fair rental for attachment space or spaces occupied by the equipment and plant of others, except that no rent shall be paid by the grantor for its attachment to the grantee’s poles and the use shall be noncommercial and may not be supplied for any municipal use directly competing with the grantee. The grantor shall pay any costs incurred by a grantee in providing space for a grantor’s attachments, including any necessary rearrangements of a grantee’s equipment and plant to provide room for grantor’s attachments. Upon expiration, termination or revocation of a franchise, or should a grantee wish to dispose of any of its poles, conduit or manholes, being used by the grantor, the grantor shall have the option to purchase them in place for their fair market value.
(D) Underground facilities. In those areas of the city where transmission or distribution facilities of both telephone and power companies are underground or hereafter may be placed underground, the grantee shall likewise construct, operate and maintain all of its transmission and distribution facilities underground to the maximum extent the then existing technology permits, in accordance with the most recent National Electrical Code, and its successor document, as well as in conformance with all applicable state and municipal ordinances and codes. If and when necessary, amplifiers and/or transformers in the grantee’s transmission and distribution lines shall be in appropriate housings on the surface of the ground. The grantee shall obtain a permit from the grantor for underground construction of all work required or pursuant to this section. Even when not required, underground installation is preferable to the placing of additional poles.
(E) Compliance to codes.
(1) All transmission and distribution structures, lines and equipment erected by the grantee in the city shall be located so as not to endanger or interfere with the normal use of streets, alleys or other public ways and places so as to cause minimum interference with the rights or reasonable convenience of the general public and adjoining property owners and so as not to interfere with existing public utility installations and so as to comply with the most recent National Electrical Code, as amended, as well as in conformance with all applicable state and municipal ordinances and codes of general applicability.
(2) In the case of any disturbance by the grantee or its equipment of pavement, sidewalks, driveway, lawn or other surfacing the grantee shall, at its expense and in the manner required by the grantor, promptly replace and restore all surfacing to a reasonably comparable condition.
(3) The construction, installation, operation, maintenance and/or removal of the cable communications system shall meet all of the following safety, construction and technical specifications and codes and standards:
(a) Occupational Safety and Health Administration Regulations (OSHA);
(b) National Electric Code;
(c) National Electrical Safety Code (NESC);
(d) All federal, state and municipal construction requirements, including FCC Rules and Regulations;
(e) All building and zoning codes, as the same exist or may be amended hereafter; and
(f) City standard specifications.
(F) Interference with other utilities. The grantee shall not place poles, conduits, or other fixtures above or below ground where the same shall interfere with any prior placement of gas, electric, telephone fixtures, water hydrant or other utilities, and all poles, conduits or other fixtures above or below ground shall be so placed as to comply with all the lawful requirements of the grantor.
(G) Moving permits. The grantee shall, on request of any persons holding a moving permit issued by the grantor, temporarily move its wires or fixtures to permit the moving of buildings. The expense of the temporary removal shall be paid in advance by the person requesting the same, and the grantee shall be given not less than seven business days advance notice to arrange for temporary changes.
(H) Authority to trim trees and shrubbery. The grantee shall have the authority under the supervision and direction of the grantor to trim trees or other natural growth overhanging any of its cable system in the street or alley right-of-way so as to prevent branches from coming in contact with the grantee’s wires, cables or other equipment. The grantee shall reasonably compensate the grantor or property owner for any damages caused by trimming, or shall, in its sole discretion, and at its own cost and expense, reasonably replace all trees or shrubs damaged as a result of any construction of the cable system undertaken by grantee. Replacement shall satisfy any and all obligations grantee may have to the grantor pursuant to the terms of this section.
(I) Service area. The grantee shall design and construct the cable system in a manner as to pass by and provide adequate tap-off facilities for every single-family dwelling, multiple-family dwelling, apartment, school and government building located within the city limits based upon the corporate boundaries at the time of the granting of the franchise, provided that the locations meet the density requirements pursuant to § 120.046.
(J) Underground construction. The grantee shall participate in and use Iowa One Call and ensure that cable is buried pursuant to standards established by Iowa One Call or any state mandated successor agency.
(K) Temporary drops. Temporary drops shall be buried within 45 days of installation, except during the winter months which shall be defined as November 15 to April 1. In the event that the grantee fails to bury any cable drops, within the two-month period, the grantee shall provide basic and expanded basic cable service without charge to the affected cable subscriber from the last date that the drop was to have been buried to that actual date that it is buried. In the event that the grantor fails to buy any cable drops, the city shall have the authority to take the necessary action to complete the tasks and collect the costs back from the grantor.
(L) Closing of streets. The grantee shall not be entitled to damages from the grantor sustained by the virtue of the closing, vacation or relocation of any streets or alleys.
(M) Private easements. No cable, line, wire, amplifier, converter or other pieces of equipment owned by the grantee shall be installed by the grantee within private easements without first securing the written permission of the owner, lessee or tenant of the property involved, unless a private easement is determined to be available for use by the grantee in accordance with applicable law.
(Ord. 2314, passed 1-25-2006) Penalty, see § 120.999