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The franchisee shall have the right:
(a) Subject to the provisions and restrictions of Article VII of this Chapter and Chapter 37 of this Code, to construct, erect, operate and maintain in, upon, along, across, above, over and under the streets, alleys, public rights-of-way and public places now laid out or dedicated and all extensions thereof and additions thereto in the City, poles, wires, cables, underground conduits, manholes and other conductors and fixtures necessary for the maintenance and operation of a cable system.
(b) To lease, rent or in any other lawful manner obtain the use of towers, poles, lines, cables and other equipment and facilities from any and all holders of public licenses and franchises within the corporate limits of the City, including, but not limited to, Consumers Power Company and Ameritech and to use same on such terms as agreed upon, subject to all existing and future ordinances and regulations of the City. The poles used for the franchisee’s distribution system shall be those erected and maintained by Consumers Power Company or Ameritech when and where applicable, providing mutually satisfactory rental arrangements can be entered into with such companies.
(Ord. 2428, passed 2-18-1974; Ord. 2899, passed 3-21-1984; Ord. 3486, passed 1-28-2002; Ord. 3512, passed 4-28-2003)
(a) All transmission and distribution structures, lines and equipment erected by the franchisee within the City shall be so located as to cause minimum interference with the proper use of streets, alleys and other public rights-of-way and public places and to cause minimum interference with the rights and reasonable convenience of property owners who adjoin any such streets, alleys or public rights-of-way and public places.
(b) In case of disturbance of any street, sidewalk, alley, public right-of-way or paved area, the franchisee shall, at its own cost and expense, and in a manner approved by the Director of Public Works, replace and restore such street, sidewalk, alley, public rights-of-way or paved area in as good a condition as it was in before the work involving such disturbance was done.
(c) If, at any time, during the period of a franchise granted pursuant to this Chapter, the City shall lawfully elect to alter or change the grade of any street, sidewalk, alley or other public right-of-way, the franchisee, upon reasonable notice by the City, shall remove, relay and relocate its poles, wires, cables, underground conduits, manholes and other fixtures at its own expense.
(d) Any poles or other fixtures placed in any public right-of-way by the franchisee shall be placed in such manner as not to interfere with the usual travel on such public place.
(e) The franchisee shall, on the request of any person, including the City, holding a building moving permit issued by the City, temporarily raise or lower its wires to permit the moving of buildings. Except where the requesting party is the City, the expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting the same, and the franchisee shall have the authority to require payment in advance. The franchisee shall be given not less than 48 hours advance notice to arrange for such temporary wire changes.
(f) The franchisee shall, after giving notice to and obtaining the approval of the City’s Parks and Recreation Department, have the authority to trim trees upon and hanging over streets, alleys, sidewalks and public rights-of-way and places of the City so as to prevent the branches of such trees from coming in contact with the wires and cables of the franchisee. At the option of the Parks and Recreation Department, such trimming may be done by it or under its supervision and direction at the expense of the franchisee.
(g) In all sections of the City where the cable, wires or other like facilities of public utilities are placed underground, the franchisee shall place its cables, wires or other like facilities underground. Franchisee may apply to the City for a waiver of this requirement, and the City may grant the waiver request, if franchisee demonstrates that existing technology does not reasonably permit the franchisee to place its facilities underground.
(Ord. 2428, passed 2-18-1974; Ord. 2899, passed 3-21-1984; Ord. 3486, passed 1-28-2002)
(a) No poles or other wire-holding structures shall be erected by the franchisee without prior approval of the City Council with regard to the location, height, type and any other pertinent aspect. However, no location of any pole or wire-holding structure of the franchisee shall be a vested interest and such poles and structures shall be removed or modified by the franchisee at its own expense whenever the City Council determines that the public convenience would be enhanced.
(b) Where poles or other wire-holding structures are already in existence for use in serving the City and are available for use by the franchisee but it does not make arrangements for use, the City Council may require the franchisee 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 franchisee are just and reasonable.
(c) Where the City or a public utility serving the City desires to make use of the poles or other wire-holding structures of the franchisee (but a franchisee’s wires shall not be construed to be “wire-holding structures”), but agreement therefor with the franchisee cannot be reached, the City Council may require the franchisee to permit such use for such consideration and upon such terms as the City Council shall determine to be just and reasonable, if the City Council determines that the use would enhance the public convenience and would not unduly interfere with the franchisee’s operations.
(Ord. 2428, passed 2-18-1974; Ord. 2899, passed 3-21-1984; Ord. 3486, passed 1-28-2002)
(a) The franchisee shall at all times employ at least ordinary care and shall install and maintain in use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries or nuisances to the public.
(b) The franchisee shall install and maintain its wires, cables, fixtures and other equipment in accordance with the substantive requirements of Chapter 16 of this Code and all applicable State and Federal laws, rules and regulations and in such manner that they will not interfere with any installations of the City or of a public utility serving the City.
(c) All structures and all lines, equipment and connections in, over and under and upon the streets, sidewalks, alleys and public rights-of-way or places of the City, wherever situated or located, shall at all times be kept and maintained in a safe, suitable, substantial condition and in good order and repair.
(Ord. 2428, passed 2-18-1974; Ord. 2899, passed 3-21-1984)
The franchisee shall, on or before April 1 of each year, file with the City Clerk true and accurate maps or plats, showing the location of all existing and proposed installations, which shall include all receiving and transmitting stations, all trunk lines, whether leased or owned outright, feeder lines, whether leased or owned outright; and attached to such maps or plats shall be a list by address of current subscribers.
(Ord. 2428, passed 2-18-1974)
ARTICLE IV. PROGRAMMING; SERVICE; RATES
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