(a) No burden on
. shall not erect, install, construct, repair, replace or maintain its in such a fashion as to unduly burden the present or future use of the public ways. If in its reasonable judgment determines that any portion of the cable system is an undue burden, company at its expense shall modify its system or take such other actions as municipality may determine are in the public interest to remove or alleviate the burden, and company shall do so within the time period reasonably established by municipality.
(b) Minimum interference. The shall be erected and maintained by so as to cause the minimum interference with the use of the and with the rights or reasonable convenience of property owners who adjoin any of the public ways.
(c) Restoration of property.
(1)
shall immediately restore at its sole cost and expense, in a manner approved by
, any private property or portion of the
that is in any way disturbed by the construction, operation, maintenance or removal of the
to as good or better condition than that which existed prior to the disturbance, and shall at its sole cost and expense immediately restore and replace any other property, real or personal, disturbed, damaged or in any way injured by or on account of company or by its acts or omissions, to as good or better condition as such property was in immediately prior to the disturbance, damage or injury. Such a restoration shall start promptly but no more than 15 days from company creation of the problem in question.
(2)
shall promptly reimburse
for the cost of municipality repairing any municipal property harmed by company (should municipality choose to conduct such repairs at its expense). In such event the amounts due and owing municipality shall increase by 0.5% per month starting with the second month after company being invoiced for the cost of such repair.
(d) Relocation of facilities. shall at its own cost and expense, protect, support, disconnect or remove from the any portion of the when required to do so by due to street or other public excavation, construction, repair, grading, regrading or traffic conditions; the installation of sewers, drains, water pipes, or municipally-owned facilities of any kind; or the vacation, construction or relocation of streets or any other type of structure or improvement of a public agency or any other type of improvement necessary for the public health, safety or welfare.
(e) Emergency notification. shall provide with a 24 hour emergency telephone number at which a named responsible adult representative of company (not voice mail or a recording) can be accessed in the event of an emergency.
(f) Private property. shall be subject to all laws and regulations regarding private property in the course of constructing, installing, operating or maintaining the in . Company shall comply with all zoning and land use restrictions as may hereafter exist or may hereafter be amended.
(g) Underground facilities. Company’s cable, wires and other equipment shall be placed at least two feet underground wherever existing utilities are underground. If in the future requires that, in a specific area or areas of municipality, utilities shall place their cables, wires or other equipment at least two feet underground, then also shall place its existing and its future cables, wires or other equipment underground within a reasonable period of time, not to exceed six months, of notification by municipality and without expense or liability therefor to municipality. In those developing areas where underground facilities are required and meet the standards, company shall install the necessary cables, wires or other equipment at the same time and utilize the same trenches as other utility companies, such as telephone or electric utilities. All underground cable plant shall maintain at least a six-foot separation from water mains or sewer mains unless a lesser separation is approved by municipality.
(h) New developments. shall install its (excluding only to individual dwelling units) in all new subdivisions and developments (which, when fully developed will meet the standards) on the date on which electric or telephone facilities are installed in such subdivision or development unless company is not notified of the subdivision or development. After cable system installation, company shall be capable of providing cable service to any dwelling unit in such subdivision or development solely by the construction of a to the subscriber premises when such dwelling unit is constructed. Company shall be required to comply with the preceding provisions only if it either receives adequate prior notice of the availability of an open common trench or had an opportunity to attend the preconstruction meeting for the subdivision or development in question.
(i) Temporary relocation. Upon 15 business days’ notice, shall temporarily raise or lower its wires or other equipment upon the request of any person including without limitation, a person holding a building moving permit issued by . Company may charge a reasonable rate, paid in advance, for this service not to exceed its actual direct costs.
(j) Vacation. If a street or public way where has facilities is vacated, eliminated, discontinued or closed, company shall be notified of same and all rights of company under this to use same shall terminate and company shall immediately remove the from such street or public way unless company obtains all necessary easements from the affected property owners to use the former street or public way or a court orders the provision of such easements. Where reasonably possible and to the extent consistent with the treatment of other utility facilities in the former street or public way, shall reserve easements for company to continue to use the former street or public way. Company shall bear the cost of any removal or relocation of the cable system unless the vacation is primarily for the benefit of a private party, in which case the private party shall bear such costs. Company shall be provided 30 days’ notice of any proposed vacation proceedings involving its facilities.
(k) Discontinuance and removal of the
. Upon the revocation, termination or expiration of this , unless an extension is granted, shall immediately (subject to the notice provision of § 806.15(b)) discontinue the provision of and all rights of company to use the shall cease. Company, at the direction of , shall remove its cable system, including all supporting structures, poles, transmission and distribution system and other appurtenances, fixtures or property from the public ways, in, over, under, along, or through which they are installed within six months of the revocation, termination or expiration of this franchise. Company shall also restore any property, public or private, to the condition in which it existed prior to the installation, erection or construction of its cable system, including any improvements made to such property subsequent to the construction of its cable system. Restoration of municipal property, including, but not limited to, the public ways shall be in accordance with the directions and specifications of municipality, and all applicable laws, ordinances and regulations, at company’s sole expense. If such removal and restoration is not completed within six months after the revocation, termination or expiration of this franchise, all of company’s property remaining in the affected public ways shall, at the option of municipality, be deemed abandoned and shall, at the option of municipality, become its property or municipality may obtain a court order compelling company to remove same. In the event company fails or refuses to remove its cable system or to satisfactorily restore all areas to the condition in which they existed prior to the original construction of the cable system, municipality, at its option, may perform such work and collect the costs thereof from company. No surety on any performance bond nor any letter of credit shall be discharged until municipality has certified to company in writing that the cable system has been dismantled, removed, and all other property restored, to the satisfaction of municipality.
(l) Underground street crossing.
(1) Whenever
must place the
or other facilities beneath the traveled or paved portion of the streets or
, unless otherwise approved in advance by
, company shall do so by boring (directional or otherwise) and not by excavation of a trench in which to place cable conduit. Boring (directional or otherwise) shall be done wherever possible so that the excavations necessary for it are not in the paved portion of the right-of-way.
(2) If
does a bore (directional or otherwise) underneath a street or public way, then company will notify
at least two weeks in advance of same. If municipality so desires, company will then increase the size of the bore (directional or otherwise) with municipality to pay only the incremental cost of making the bore (directional or otherwise) larger. Municipality (but not third parties unless approved by company) may then use any additional space or capacity created by increasing the size of the bore (directional or otherwise) without additional charge or expense.
(m) Tree trimming. may trim trees upon and overhanging the so as to prevent the branches of such trees from coming into contact with the . Company shall minimize the trimming of trees to trimming only those trees which are essential to maintain the integrity of the system. No trimming shall be performed in the public ways without previously informing at least two weeks in advance. All trimming of trees, except in an emergency, on public property shall have the prior approval of municipality and except in an emergency all trimming of trees on private property shall require the consent of the property owner.
(n) As-builts/location of facilities. shall keep accurate, complete and current maps and records of the and its facilities and shall provide copies to as set forth below.
(1)
shall furnish two complete sets of “as-built” maps and records to
and company shall provide municipality copies of any new or revised “as-built” or comparable drawings as and if they are generated for portions of company’s facilities located within municipality (and in no event later than 90 days after construction (or reconstruction) and activation of any portion of the
). Upon request by municipality in an emergency, company as soon as possible (but no more than one business day from the request) shall inform municipality of any changes from such maps and records previously supplied and shall mark up any maps provided by municipality so as to show the location of the cable system.
(2) The “as-built” maps shall include at a minimum all system and facility routings and shall be drawn to a scale and upon such media as required by the Manager.
(3) Within two years of the
,
shall develop a geographical information system (GIS) compatible layer, using a program and format which accurately displays its “as-built”
. This layer shall be kept current continuously, updated at least quarterly. The GIS layer, including but not limited to, all databases, plots and computer discs shall be provided to
, upon request, in a standardized, non-proprietary format at no cost to municipality. In addition, company shall provide information and assistance on the GIS program it is using and its implementation so as to aid municipality in converting the layer into a form easily used by municipality and in using the layer.
(4) On or before the
,
shall deliver to
a current complete set of as-built maps and records.
(o) Engineering matters.
(1)
shall provide
with a named responsible adult representative of company (not voice mail or a recording) to be contacted on engineering and right of way related matters.
(2)
shall attend all preconstruction meetings when notified of same by
.
(Ord. passed 9-5-2001)