A. General Requirement: No provider shall receive a franchise or license unless it agrees to comply with each of the terms set forth in this section governing construction and technical requirements for its system, in addition to any other requirements or procedures specified by the town, the franchise or license, including requirements regarding collocation and cost sharing.
B. Quality: All work involved in the construction, operation, maintenance, repair, upgrade and removal of the system shall be performed in a safe, thorough and reliable manner using materials of good and durable quality. If, at any time, it is determined by the town or any other agency or authority of competent jurisdiction that any part of the system, including, without limitation, any means used to distribute signals over or within the system, is harmful to the public health, safety or welfare, or quality of service or reliability, then a provider shall, at its own cost and expense, promptly correct all such conditions.
C. Licenses And Permits: A provider shall have the sole responsibility for diligently obtaining, at its own cost and expense, all permits, licenses or other forms of approval or authorization necessary to construct, operate, maintain, upgrade or repair the system, including, but not limited to, any necessary approvals from persons and/or the town to use private property, easements, poles and conduits. A provider shall obtain any required permit, license, approval or authorization, including, but not limited to, road cut permits, pole attachment agreements, etc., prior to the commencement of the activity for which the permit, license, approval or authorization is required.
D. Relocation Of System:
1. New Grades Or Lines: If the grades or lines of any rights of way within the franchise or license area are changed at any time in a manner affecting the system, then a provider shall, at its own cost and expense and upon reasonable notice by the town, promptly protect or promptly alter or relocate the system, or part thereof, so as to conform with such new grades or lines. In the event that a provider unreasonably refuses or neglects to so protect, alter or relocate all or part of the system, the town shall have the right to break through, remove, alter or relocate part of the system without any liability to a provider, and a provider shall pay to the town the costs, including overhead, incurred in connection with such breaking through, removal, alteration or relocation.
2. Town Authority To Move System: The town may, at any time, in case of fire, disaster or other emergency, as determined by the town, in its reasonable discretion, cut or move any poles, optical fibers, wires, cable, amplifiers, materials, equipment, appliances or other parts of the system and appurtenances on, over or under the rights of way of the town, in which event the town shall not be liable therefor to a provider. The town shall notify a provider in writing prior to, if practicable, but in any event as soon as possible and in no case later than the next business day following any action taken under this section.
3. Provider Required To Move System: A provider shall, upon prior written notice by the town or any person holding a permit to move any structure, and within the time that is reasonable under the circumstances, temporarily move any part of its system to permit the moving of said structure. A provider may impose a reasonable charge on any person other than the town for any such movement of its wires.
E. Protect Structures: In connection with the construction, operation, maintenance, repair, upgrade or removal of the system, a provider shall, at its own cost and expense, protect any and all existing structures belonging to the town and all designated landmarks, as well as all other structures within any designated landmark district. A provider shall obtain the prior written consent of the town to alter any water main, power facility, sewerage or drainage system, or any other municipal structure on, over or under the rights of way of the town required because of the presence of the system. Any such alteration shall be made by the town or its designee on a reimbursable basis. A provider agrees that it shall be liable for the costs incurred by the town to replace or repair and restore to its prior condition in a manner as may be reasonably specified by the town, any municipal structure or any other rights of way of the town involved in the construction, operation, maintenance, repair, upgrade or removal of the system that may become disturbed or damaged as a result of any work thereon by or on behalf of a provider pursuant to the franchise or license.
F. No Obstruction: In connection with the construction, operation, maintenance, upgrade, repair or removal of the system, a provider shall not unreasonably obstruct the rights of way of the town, subways, fixed guideway systems, railways, passenger travel, or other traffic to, from or within the franchise or license area without the prior consent of the appropriate authorities.
G. Safely Precautions: A provider shall, at its own cost and expense, undertake all necessary and appropriate efforts to prevent accidents at its work sites, including the placing and maintenance of proper guards, fences, barricades, security personnel and suitable and sufficient lighting, and such other requirements prescribed by OSHA and Utah OSHA. Franchisee or licensee shall comply with all applicable federal, state and local requirements, including, but not limited to, the national electrical safety code.
H. Repair: Any rights of way within the town which are disturbed or damaged during the construction, operation, maintenance or reconstruction of a provider's telecommunications system or open video system shall be repaired by the town at the provider's expense, on a reimbursable basis, to a condition as good as that prevailing before such work was commenced.
I. Town May Repair: Upon the failure, refusal or neglect of a provider to comply with the provisions of this chapter, the town council, after reasonable notice is given to such a provider, may cause the work or other activity required by this chapter to be completed or performed, in whole or in part, to the satisfaction of the town. Upon doing so, the town shall submit to such a provider an itemized statement of the cost for repairing and restoring the public rights of way intruded upon. The provider shall, within thirty (30) days after receipt of the statement, pay to the town the entire amount thereof.
J. System Maintenance: A provider shall:
1. Install and maintain all parts of its system in good condition throughout the entire period of its franchise or license.
2. Install and maintain its system in accordance with standard prudent engineering practices and shall conform, when applicable, with the national electrical safety code and all applicable other federal, state and local laws or regulations.
3. At all reasonable times, permit examination by any duly authorized representative of the town of the system, together with any appurtenant property of a provider situated within or without the town. (Ord. 1998-2, 4-9-1998)
K. Trimming Of Trees: A provider shall have the authority to trim trees, in accordance with all applicable utility restrictions, ordinance and easement restrictions, upon and hanging over public rights of way to prevent the branches of such trees from coming in contact with its system. The town representatives shall have authority to supervise and approve all trimming of trees conducted by a provider. (Ord. 1998-2, 4-9-1998; amd. 2001 Code)