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DIVISION 5: DESIGN AND CONSTRUCTION
(A) Authorization to commence new construction and application procedures. Within 30 days of the acceptance by the grantee of a franchise, the grantee shall register the system with the FCC (if required by law or FCC regulations) and apply for contracts for use of poles. Within 30 days after completion of the make ready survey identifying the routes of the system facilities, the grantee shall apply for all additional licenses from the state, city or other necessary parties, such as the railroads, for crossing under or over their property. In any event, all necessary applications for permits, licenses, certificates and authorizations shall be applied for in a timely fashion so that such filing and processing shall not interfere with or cause delay with the construction schedule as outlined in the franchise. Failure to make such timely application and timely filing shall constitute a substantial violation of this chapter.
(B) Power to contract. Upon grant of the franchise and in order to construct, operate and maintain a cable system in the city, the grantee may enter into contracts with any public utility companies or any other owner or lessee of any poles or underground areas located within or without the city; obtain right- of-way permits from appropriate city, state, county and federal officials necessary to cross or otherwise use highways or roads under their respective jurisdiction; obtain permission from the Federal Aviation Administration to erect and maintain antennas; and obtain whatever other permits a city, county, state or federal agency may require.
(Ord. passed 2-16-93)
(A) The grantee shall construct, reconstruct, install, operate and maintain its system in a manner consistent with all applicable laws, ordinances, construction standards, governmental requirements, FCC technical standards, and detailed technical standards submitted by the grantee as part of its application, which standards are incorporated by reference herein. The system shall be designed, constructed, operated and maintained for 24 hours a day continuous operation.
(B) The grantee shall construct, install, operate and maintain its system in accordance with, but not limited to, the following: The grantee shall maintain its system facilities in a manner which will continue to enable it to add new services and associated equipment as they are developed, available, and when proved economically feasible and marketable to subscribers.
(C) Prior to the erection or installation by the grantee of any towers, poles, underground conduits, or major fixtures for use in connection with the installation, construction, maintenance or operation of the cable communications system under this chapter, the grantee shall first submit to the city and other appropriate parties for approval a concise description of the facilities proposed to be erected or installed, including engineering drawings, if required, together with a map and plans indicating the proposed location of all such facilities.
(D) Any contractor proposed for work on construction, reconstruction, installation, operation, maintenance and repair of system equipment must be properly licensed under the laws of the state and all local ordinances.
(E) The city does not guarantee the accuracy of any maps showing the horizontal or vertical location of existing subcontractors. In public rights-of-way, where necessary, the location may be verified by excavation.
(F) Construction, reconstruction, installation, operation and maintenance of the cable communications system shall be performed in an orderly and workmanlike manner in accordance with then current technological standards. All cables and wires shall be installed, where possible, parallel with electric and telephone lines. Multiple cable configurations shall be arranged in parallel and bundled with due respect for engineering considerations.
(G) Grantee shall at all times comply with:
(1) Occupational Safety and Health Administration (OSHA) Regulations;
(2) National Electric Code;
(3) National Electrical Safety Code (NESC);
(4) National Cable Television Standards Code;
(5) AT & T Manual of Construction Procedures (Blue Book);
(6) Bell Telephone Systems Code of Pole Line Construction;
(7) All federal, state, and municipal construction requirements including FCC rules and regulations for utility construction and requirements;
(8) All building and zoning codes, and all land use restrictions as the same exist or may be amended hereafter.
(H) Any antenna structure used in the cable communications system shall comply with construction, marking, and lighting of antenna structure standards as required by federal and state laws and regulations.
(I) All worker facilities, conditions, and procedures that are used during construction, installation, operation and maintenance of the cable system shall comply with the standards of the Occupational Safety and Health Administration.
(J) Reserved.
(K) The grantee shall maintain equipment capable of providing portable standby power for a minimum of either four hours for the headend and two hours for transportation and any one trunk amplifier.
(Ord. passed 2-16-93)
(A) Within three years from the date of the award of a franchise, the grantee must make cable television service available to every dwelling unit within the franchise service area in accordance with the terms of the franchise agreement and this chapter.
(B) Reserved.
(Ord. passed 2-16-93)
(A) The grantee shall provide service to any new residential dwelling units or commercial subscribers within the initial service area and any additional areas annexed to the city where there are at least 30 subscribers per proposed cable plant mile for residentially zoned areas, and at least 50 subscribers per proposed cable plant mile for commercially zoned areas, except where served by another cable company.
(B) In other areas with less than 30 residential dwelling units or 50 commercial subscribers per proposed cable plant mile, the grantee shall offer a cost-sharing arrangement with residents. The cost sharing arrangement shall consist of the following:
(1) On the request of five or more potential subscribers desiring service, the grantee shall prepare, at its cost, an engineering survey and cost analysis to determine the cost of plant extension required to provide service to each subscriber from the closest point where available quality signals exist.
(2) The cost of construction shall be allocated based on the following formula: If a request for extension of service into a residential area requires the construction of cable plant which does not pass at least 35 potential subscribers per strand or trench mile, the grantee and subscribers will each bear their proportionate share of construction costs. For example, if there are 25 subscribers per strand mile or trench mile, the grantee’s share will equal 25/50th or one half of construction cost. The remaining cost will be shared equally by each subscriber. After completion of the project, should additional subscribers request cable television service, the pro rata shares shall be recalculated. Each new subscriber shall pay the new pro rata share, and all prior subscribers shall receive pro rata refunds. At such time as there are 35 potential subscribers per mile, the subscribers shall receive their pro rata share of construction costs. In any event, at the end of two years from the completion of a project, the subscribers are no longer eligible for refunds, and the amounts paid in construction costs will be credited to the plant account of the grantee.
(3) The average cost of line extension shall be recalculated annually and based upon then current costs for labor and materials.
(4) Subscribers utilizing the cost sharing plan for extensions shall be reimbursed pro rata for their contribution or a proportional share thereof, if additional subscribers are connected to the respective network extension.
(C) In cases of new construction or property development where utilities are to be placed underground, the developer or property owner shall give the grantee reasonable notice of such construction or development and of the particular date on which open trenching will be available for the grantee’s installation of conduit, pedestals and/or vaults, and laterals to be provided at the grantee’s expense. The grantee shall also provide specifications as needed for trenching. Costs of trenching and easements required to bring service to the development shall be borne by the developer or property owner. Except for the notice of the particular date on which trenching will be available to the grantee, any notice provided to the grantee by the city of a preliminary plant request shall satisfy the requirement of reasonable notice if sent to the local general manager or system engineer of the grantee prior to approval of the preliminary plant request.
(Ord. passed 2-16-93)
(A) Underground installations. All installations shall be underground in those areas of the city where public utilities providing telephone and electric service are underground at the time of installation. In areas where either telephone or electric utility facilities are above ground at the time of installation, the grantee may install its device above ground, provided that, at such time as those facilities are required to be placed underground by the city or are placed underground, the grantee shall likewise place its services underground without additional cost to the city or to the individual subscriber so served. Where not otherwise required to be placed underground by this chapter or the franchise agreement, the grantee’s system shall be located underground at the request of the adjacent property owner, provided that the excess cost over the aerial location shall be borne by the property owner making the request. All new cable passing under the roadway shall be installed in conduit no less than 18 inches from the top of the conduit to the surface of the ground.
(B) Interference with persons, improvements, public and private property and utilities. The grantee’s system and facilities, including poles, lines, equipment an all appurtenances, shall be located, erected and maintained so that such facilities shall:
(1) Not endanger or interfere with the health, safety or lives of persons;
(2) Not interfere with any improvements the city, county or state may deem proper to make;
(3) Not interfere with the free and proper use of public streets, alleys, bridges, easements or other public ways, places or property, except to the minimum extent possible during actual construction or repair;
(4) Not interfere with the rights and reasonable convenience of private property owners, except to the minimum extent possible during actual construction or repair; and
(5) Not obstruct, hinder or interfere with any gas, electric, water or telephone facilities or other utilities located within the city.
(C) Restoration to prior condition. In case of any disturbance of pavement, sidewalk, driveway or other surfacing, the grantee shall, at its own cost and expense and in a manner approved by the city, replace and restore all paving, sidewalk, driveway, landscaping or surface of any street or alley disturbed, in as good a condition as, or better than, before said work was commenced and in a good workmanlike, timely manner in accordance with standards for such work set by the city. Such restoration shall be undertaken within no more than ten days after the disturbance is incurred and shall be completed as soon as possible thereafter.
(D) Relocation of the facilities. In the event that at any time during the period of this franchise the city, county or state shall lawfully elect to alter or change the grade of any street, alley or other public ways, the grantee, upon reasonable notice by the proper authority, shall remove or relocate as necessary its poles, wires, cables, underground conduits, manholes and the fixtures at its own expense.
(E) Cooperation with building movers. The grantee shall, on the request of any person holding a building moving permit issued by the Codes Inspector, temporarily raise or lower its wire to permit the moving of buildings. The expense of such temporary removal, raising or lowering of wires shall be paid by the person requesting the same, and the grantee shall have the authority to require such payment in advance. The grantee shall be given not less than 15 working days advance notice to arrange for such temporary wire changes.
(F) Tree trimming. The grantee shall have the authority, except when in conflict with existing city ordinance, to trim any trees upon and overhanging public right-of-way so as to prevent the branches of such trees from coming in contact with system facilities, except that at the option of the city, such trimming may be done by it or under its supervision and direction, at the expense of the grantee.
(G) Easements. All necessary easements over and under private property shall be arranged for by the grantee.
(H) Work within rights-of-way. Consistent with the city’s policy for temporary street closings, the closing of any part of a publicly maintained street or right-of-way must be approved by the city and shall be prohibited during peak travel hours, 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m., Monday through Friday. During repairs or improvements, traffic on streets must be maintained. Where full closing of the street is required, the request for approval must be submitted to the city at least ten days in advance. Closings will not be permitted in the business districts during the holiday shopping season. Where emergency closings are necessary the city is to be notified as soon as possible. All closings are to be protected and signed in accordance with the city’s ordinances and policies for such.
(I) Removal of city property. No city property is to be removed from a right-of-way, including signing on utility poles, without proper permission from the city.
(Ord. passed 2-16-93)
(A) No poles shall be erected by the grantee without prior approval of the city with regard to location, height, types and any other pertinent aspect. However, no location of any pole or wire holding structure of the grantee shall have rise to a vested interest, and such poles or structures shall be removed or modified by the grantee at its own expense whenever the city determines that the public convenience would be enhanced thereby.
(B) Where poles already in existence for use in serving the city are available for use by the grantee, the city may require the grantee to use such poles and structures, if it determines that the public convenience would be enhanced thereby and the terms of the use available to the grantee are just and reasonable.
(C) Where a public utility serving the city desires to make sure of the poles or other wire holding structures of the grantee, but agreement thereof with the grantee cannot be reached, the city may require the grantee to permit such use for such consideration and upon such terms as the city shall determine to be just and reasonable, if the city determines that the use would enhance the public convenience and would not unduly interfere with the grantee’s operation.
(Ord. passed 2-16-93)
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