A. A grantee and other persons engaged in the construction, operation or repair of cable communications system shall satisfy all applicable laws, ordinances, resolutions, departmental rules, regulations, written policies, and practices affecting the use of private and public property by the cable communications system, including by way of example and not limitation, the City's building and zoning codes, as well as satisfying the requirements of this Chapter and any additional requirements included in a franchise agreement.
B. A franchise is required before a permit may be issued for work associated with the construction, operation or repair of a cable communications system. Any permit issued for such work to a person who does not hold a franchise shall vest no rights in the permittee and shall be void as if never issued, at the sole option of City. Any such putative permittee shall remove all facilities installed under the permit upon and in full compliance with City's demand.
C. Each grantee shall locate and maintain the portions of its cable system on rights-of-way and other public property, in such manner as to cause no unreasonable interference with the use of said property by any person and in accordance with standards set by the City Engineer.
D. Each grantee shall use existing poles and conduit where possible. Additional poles may not be installed in the public rights-of-way without the prior written approval of the City Engineer.
E. Any damage caused to the rights-of-way or public or private property by grantee or those performing work on a grantee's behalf shall be promptly repaired or replaced by grantee to the satisfaction of the property owner, or the City. Each grantee will restore public property and public rights-of-way by a time and in a manner directed by the City.
F. Grantee, at its sole expense, shall remove and/or relocate the cable system in connection with public projects as set forth in the City municipal code, under the direction of the City Engineer, including relocating to an underground location.
1. The City shall provide written notice describing where the public work is to be performed and a deadline for completing the work at least fifteen (15) days prior to the deadline by which a cable communications system operator must protect, support, temporarily disconnect, relocate or remove its facilities. The cable communications system operator may seek an extension of the time to perform the work where it cannot be performed by the deadline even with the exercise of due diligence, and such request for an extension will not be unreasonably denied. Provided that, in an emergency, or where a cable communications system creates or is contributing to an imminent danger to health, safety, or property, the City may protect, support, temporarily disconnect, remove, or relocate any or all parts of the cable communications system without prior notice, and charge the cable communications system operator for reasonable costs incurred.
G. Installation of systems by others authorized to use public rights-of-way or public property.
1. To accommodate the construction, operation, or repair of the facilities of another person authorized to use the public rights-of-way or public property, a grantee shall, by a time specified by such person, protect, support, temporarily disconnect, relocate or remove its facilities. The grantee shall be given written notice describing where the construction, operation or repair is to be performed at least fifteen (15) days prior to the time by which its work must be completed. Unless the matter is governed by a valid contract or a state or federal law or regulation, or unless the cable communications system that is being requested to move was not properly installed, the reasonable cost of the same shall be borne by the person requesting the protection, support, temporary disconnection, removal, or relocation and at no charge to the City, even if the City makes the request for such action. In cases where the requesting person is required under this Section to bear the cost of relaying, relocation or temporary removal, a grantee may require the person to agree, before the work is performed, to pay the reasonable actual cost of the work. If the grantee does so, it must provide an estimate of the cost of the work and support for that estimate.
H. At the request of any person holding a valid permit issued by a governmental authority, a cable communications system operator shall temporarily raise or lower its wires by a time specified to permit the moving of buildings or other objects. A cable communications system operator shall be given not less than fifteen (15) days advance notice to arrange for such temporary wire changes. The cable communications system operator, as a condition of complying with such request, may require the requesting person to pay the reasonable materials and labor expense of such temporary removal or raising or lowering of wires, provided that the operator provides an estimate of the cost of the work and support for that estimate. In cases where the requesting person is required under this Section to bear the cost of raising or lowering wires, the operator may require payment of the estimated expense in advance.
I. Abandonment.
1. A cable communications system operator may abandon any property in place in the public rights-of-way or upon public property upon written notice to the City and separate notice to the City Engineer. However, if, within ninety (90) days of the receipt of written notice of abandonment, the City determines that the safety, appearance, functioning or use of the public right-of-way or public property and facilities in the public right-of-way or on public property will be adversely affected, the property must be removed by a date reasonably specified by City in light of the amount of work to be performed. No property shall be abandoned within the ninety (90) day period for City review.
2. A cable communications system operator that abandons its property must, upon request, transfer ownership of the property to the City at no cost, and execute necessary quitclaim deeds; provided that nothing in the preceding sentence prevents a cable communications system operator from bringing an action in a court of competent jurisdiction if it believes that the cable communications system was not abandoned. Whether or not ownership is transferred, the operator must indemnify City against future costs associated with mitigating or eliminating any hazard associated with the abandoned property.
J. If a cable communications system operator fails to perform work on public property or the public rights-of-way (including restoration work) required by this Chapter, a franchise agreement or any other provision of law by the time it is required to be performed, the City may perform the work and bill the cable communications operator for the costs incurred by City, plus administrative charges, or a draw down on the letter of credit.
K. Any amount billed to a cable communications operator pursuant to this Section must be paid within thirty (30) days of the date of the bill.
L. Upon request of City, every cable communications system shall be required to interconnect with every other cable communications system within City on fair and reasonable terms for purposes of providing PEG and Institutional Network services. In the event of a dispute, the City may issue an order establishing the terms and conditions under which interconnection shall occur, and any grantee shall comply with the order.
(Ord. No. 2001-014 § 2)