A. Permit Required: Grantee shall not construct any cable system facilities until grantee has secured the necessary permits from grantor, or other applicable governmental authorities.
B. Underground Transmission And Distribution: In those areas of the City where transmission or distribution facilities of all the public utilities providing telephone and electric power service are underground, the grantee likewise shall construct, operate and maintain its transmission and distribution facilities therein underground.
C. Aboveground Transmission And Distribution: In those areas of the City where grantee's cables are located on the aboveground transmission or distribution facilities of the public utility providing telephone or electric power service, and in the event that the facilities of both such public utilities subsequently are placed underground, then the grantee likewise shall construct, operate and maintain its transmission and distribution facilities underground, at grantee's cost. Certain of grantee's equipment, such as pedestals, amplifiers and power supplies, which normally are placed aboveground, may continue to remain in aboveground closures, however, the City specifically reserves all of its rights to approve aboveground or underground locations for pedestals subject to applicable laws.
D. Residential Areas; Underground Facilities: In new residential developments in which all the electric power and telephone utilities are underground, the City may, in its sole discretion, require that the following procedure apply with respect to access to and utilization of underground easements:
1. The developer shall be responsible for contacting and surveying all grantees to ascertain which grantees desire (or, pursuant to the terms and provisions of this Chapter and any franchise agreement, may be required) to provide cable service to that development. The developer may establish a reasonable deadline to receive responses from grantees. The final development map shall indicate the grantees which have agreed to serve the development.
2. If one or more grantees wish to provide service within all or part of the development, they shall be accommodated in the joint utilities trench on a nondiscriminatory shared basis. If fewer than two (2) grantees indicate interest, the developer shall provide conduit to accommodate a minimum of two (2) sets of cable television cables and dedicate to the City any initially unoccupied conduit. The developer shall be entitled to recover the cost of such initially unoccupied conduit in the event that grantor subsequently leases or sells occupancy or use rights to any grantee.
3. The developer shall provide at least ten (10) business days' notice of the date that utility trenches will be open to the grantees that have agreed to serve the development. When the trenches are open, such grantees shall have two (2) business days to begin the installation of their cables, and five (5) business days after beginning installation to complete installation.
4. The final development map shall not be approved until the developer submits evidence that:
a. It has notified each grantee that underground utility trenches are to open as of an estimated date, and that each grantee will be allowed access to such trenches, including trenches from proposed streets to individual homes or home sites, on specified nondiscriminatory terms and conditions; and
b. It has received a written notification from each grantee that the grantee intends to install its facilities during the open trench period on the specified terms and conditions, or such other terms and conditions as are mutually agreeable to the developer and grantee, or has received no reply from a grantee within ten (10) days after its notification to such grantee, in which case the grantee will be deemed to have waived its opportunity to install its facilities during the open trench period.
5. Sharing the joint utilities trench shall be subject to compliance with State regulatory agency and utility standards. If such compliance is not possible, the developer shall provide a separate trench for the cable television cables, with the entire cost shared among the participating grantee(s). With the concurrence of the developer, the affected utilities and the grantees, alternative installation procedures, such as the use of deeper trenches, may be utilized, subject to the requirements of applicable laws.
6. Any grantee wishing to serve an area where the trenches have been closed shall be responsible for its own trenching and associated costs and shall repair all property to the condition which existed prior to such trenching.
E. Construction Codes And Permits:
1. Grantee shall obtain all necessary permits from City before commencing any construction upgrade or extension of the system, including the opening or disturbance of any street, or private or public property within City. Grantee shall strictly adhere to all State and local laws and building and zoning codes currently or hereafter applicable to construction, operation or maintenance of the system in City and give due consideration at all times to the aesthetics of the property.
2. The City shall have the right to inspect all construction or installation work performed pursuant to the provisions of the franchise and to make such tests at its own expense as it shall find necessary to ensure compliance with the terms of the franchise and applicable provisions of local, State and Federal law.
F. Repair Of Streets And Property: Any and all streets or public property or private property, which are disturbed or damaged during the construction, repair, replacement, relocation, operation, maintenance or reconstruction of the system shall be promptly and fully restored by grantee, at its expense, to a condition as good as that prevailing prior to grantee's work, as approved by City in the case of streets and other public property. If grantee shall fail to promptly perform the restoration required herein, City shall have the right to put the streets, public, or private property back into good condition. City reserves its rights to pursue reimbursement for such restoration from grantee.
G. Conditions On Street Use:
1. Nothing in this franchise shall be construed to prevent City from constructing, maintaining, repairing or relocating sewers; grading, paving, maintaining, repairing, relocating and/or altering any street; constructing, laying down, repairing, maintaining or relocating any water mains; or constructing, maintaining, relocating, or repairing any sidewalk or other public work.
2. All system transmission and distribution structures, lines and equipment erected by the grantee within City shall be located so as not to obstruct or interfere with the proper use of streets, alleys and other public ways and places, and to cause minimum interference with the rights of property owners who abut any of the said streets, alleys and other public ways and places, and not to interfere with existing public utility installations. The grantee shall furnish to and file with City Administrator the maps, plats, and permanent records of the location and character of all facilities constructed, including underground facilities, and grantee shall file with City updates of such maps, plats and permanent records annually if changes have been made in the system.
3. If at any time during the period of this franchise the City shall elect to alter, or change the grade or location of any street, alley or other public way, the grantee shall, at its own expense, upon reasonable notice by City, remove and relocate its poles, wires, cables, conduits, manholes and other fixtures of the system, and in each instance comply with the standards and specifications of City. If City reimburses other occupants of the street, grantee shall be likewise reimbursed.
4. The grantee shall not place poles, conduits, or other fixtures of system above or belowground where the same will interfere with any gas, electric, telephone, water or other utility fixtures and all such poles, conduits, or other fixtures placed in any street shall be so placed as to comply with all requirements of City.
5. The grantee shall, on request of any person holding a moving permit issued by City, temporarily move its wires or fixtures to permit the moving of buildings with the expense of such temporary removal to be paid by the person requesting the same, and the grantee shall be given not less than ten (10) days' advance notice to arrange for such temporary changes. (Ord. 636, sec. 1, 11-2-1998)