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(A) The poles used for a distribution system shall be those erected and maintained by the city, the power company, the telephone company, or either, whenever agreement can be reached with the owners of the poles. Any poles, wires, cables, conduits, or other properties to be realigned or reset to permit their use for purposes of the grantee under an agreement with the owner thereof shall be constructed or installed only at such locations and depths and in such manner as shall be approved by the owner and the Mayor. They shall be located so as to cause minimum interference with the proper use of streets and to cause minimum interferences with the rights or reasonable convenience of the general public and of property owners who adjoin the streets.
(B) The installation of the facilities, including service drops to subscribers, shall be made underground in areas where facilities of both the telephone company and the power company are underground or hereafter may be placed underground. In addition to the foregoing, installation of the facilities shall be made underground when required by city ordinances or policies.
(C) The grantee shall, at its expense, protect, support, temporarily disconnect, relocate in the same street or other public place, or remove from the street or other public place, any property of the grantee when required by the city by reason of traffic conditions, public safety, street vacation, freeway and street construction, change or establishment of street grade, installation of sewers, drains, water pipes, power lines, signal lines, or any other type of structures or improvements by the city, and the city shall not be liable for any disturbance of the grantee’s installations resulting therefrom. The grantee shall carry out the instructions and directions of the Mayor whenever it is necessary to raise or remove any of the grantee’s wires or cables temporarily for the purpose of moving or removing buildings or structures on the public streets of the city, and shall perform such tree trimming or other maintenance work as shall be required or as shall be directed by the Mayor, all at the grantee’s expense.
(D) Whenever a grantee takes up or disturbs any pavement, sidewalk, or other improvement of any street, the same shall be replaced and the surface restored in as good condition as before entry in accordance with ordinances, regulations, technical standards, and fee schedules of the city as administered by the Mayor. Any opening or obstruction in the streets shall be guarded and protected at all times by the placement of adequate barriers, fences, or boardings, the bounds of which shall be clearly designated by warning lights of approved types.
(Ord. 20, passed 8-5-1982)
(A) Within 30 days after the effective date of the franchise, the grantee shall proceed with due diligence to obtain all necessary permits and authorizations which are required in the conduct of its business including, but not limited to, any utility joint use attachment agreements.
(B) Within 90 days after obtaining all necessary permits, licenses, and authorizations, the grantee shall commence construction and installation of the CATV system.
(C) Within one year after obtaining all necessary permits and authorization, the grantee shall proceed to render to subscribers in at least 40% of the franchise area, and the completion of the system shall be pursued with reasonable diligence thereafter with extension of service to the remaining franchise area within the next succeeding year.
(D) Failure on the part of the grantee to commence and diligently pursue each of the foregoing requirements and to complete each of the matters set forth herein shall be grounds for termination of the franchise, under and pursuant to the terms of § 112.06; provided, however, the City Council may extend the time for the commencement and completion of construction and installation for additional periods in the event the grantee, acting in good faith, experiences delays by reason of circumstances beyond its control.
(E) The grantee shall, upon request, file a map with the city at the close of each franchise year, showing the areas and locations of the city being served by the CATV system and the location and identification of component parts of the system.
(Ord. 20, passed 8-5-1982)
(A) The grantee shall install and maintain a CATV system which shall be in accordance with the highest and best accepted standards of the industry to the effect that subscribers shall receive the highest possible service. In addition, the grantee shall comply with all requirements of duly constituted regulatory agencies having jurisdiction over the operator of the CATV systems.
(B) The grantee must obtain individual permits for street openings, must have the installation or construction plans approved by the Mayor prior to construction, must secure all necessary permits at its expense, and must pay all fees charged for closing pavement cuts.
(C) When any portion of the CATV system is to be installed on public utility poles and facilities, a certification that agreements for such joint use have been entered shall be filed with the city.
(D) The grantee shall maintain at least one office within the county for the purpose of handling subscriber complaints and providing prompt maintenance service. The office shall be open during all regular business hours, and have a publicly listed, toll-free telephone which shall be so operated that complaints and requests for repairs or adjustments may be received on a 24-hour basis. The grantee shall establish procedures for receiving, acting upon, and resolving subscriber complaints to the satisfaction of the Mayor which shall include, but not be limited to, maximum response time to commence service of all complaints of 24 hours. The grantee shall furnish a notice of the procedures to each subscriber at the time of initial subscription to the system.
(Ord. 20, passed 8-5-1982)
(A) Within 60 days after the close of its fiscal year after acceptance of a franchise, and each succeeding fiscal year thereafter during the life of the franchise, the grantee shall pay to the city for the privilege of constructing, operating, and maintaining the CATV system as defined in § 112.03, and for the privilege of providing the CATV service as defined in § 112.03 during the preceding fiscal year a sum equal to that percentage of its gross annual receipts during that fiscal year as is determined from time to time by the City Council, which sum shall not be less than 3% of its gross annual receipt for the fiscal year or more than the maximum sum allowed by federal and state regulatory agencies for the privileges.
(B) Within 45 days after the expiration of the grantee’s fiscal year, the grantee shall file with the city financial data acceptable to the Mayor, including computer data, and in the case of any question, dispute, or controversy, a certified financial statement prepared by a certified public accountant, or other person satisfactory to the City Council, showing in detail the gross annual receipts, as defined herein, of the grantee during the fiscal year. The payment of this fee is in addition to any ad valorem taxes which the city may levy on the grantee’s real or personal property. At any time during the three fiscal years following the payment of the annual fee, the city shall have the right to inspect the grantee’s records showing the gross annual receipts from which these payments are computed and the right of audit and recomputation of any and all amounts under this chapter. Acceptance of payments hereunder shall not be construed as a release or an accord and satisfaction of any claim the city may have for further or additional sums payable under this chapter or for the performance of any other obligations hereunder. In the event of holding over after expiration or other termination of any franchise granted hereunder, without the consent of the city, the grantee shall pay to the city reasonable compensation and damages, of not less than 100% of its total gross profits during the period.
(Ord. 20, passed 8-5-1982)
(A) Nothing herein shall be deemed or construed to impair or affect, in any way, to any extent, any right of the city to acquire the property of the grantee, either by purchase or through the exercise of eminent domain.
(B) The city hereby reserves the right to amend any section or part of this chapter.
(C) At all reasonable times, the grantee shall permit any duly authorized representative of the city:
(1) To examine any and all financial records maintained by or under the control of the grantee relating to all revenue obtained by it from its operations under the franchise;
(2) To inspect and obtain copies of any or all maps or other diagrams maintained by or under the control of the grantee showing the location and the layout of the various components of the CATV system operated by it under its permit; and/or
(3) To inspect any and all installations owned, maintained, or used by the grantee in its operations under its franchise including all towers, cables, and other components of the grantee’s CATV system.
(D) The grantee shall indemnify and save harmless the city, its officers, and its employees from and against any and all claims, demands, actions, suits, and proceedings by others, and against all liability to others, arising out of the exercise or enjoyment of its franchise, including, but not limited to, any liability for damages by reason of or arising out of any failure of the grantee to secure consents from the owners, authorized distributors, or licensees of programs to be delivered by the grantee’s CATV system, and against any loss, cost, expense, and damages resulting therefrom, including reasonable attorney’s fees.
(E) Concurrently with the filing of the written acceptance, as required in § 112.05, the grantee shall file with the City Clerk and at all times thereafter maintain in full force and effect for the term of the franchise or any renewal thereof, a good and sufficient liability insurance policy or policies, providing a minimum $300,000 coverage for personal injuries to each person; $500,000 coverage for all personal injuries in each accident; and $500,000 coverage for all property damage in each accident. The policy or policies shall name the city as an additional insured and shall be for the purpose of insuring the city against any damages to it and any and all legal liability, court costs, claim, or demand for personal injury, death, or property damage arising out of the operations of the grantee under this chapter or its franchise. Any coverage of the grantee in addition to the above minimum limits shall also name the city as an additional insured and/or beneficiary.
(F) Faithful performance bond.
(1) The grantee shall, concurrently with the effective date of the franchise ordinance, post with the city and at all times thereafter maintain in full force and effect for the term of the franchise or any renewal thereof, at the grantee’s sole cost and expense, a corporate surety bond issued by a responsible insurance company licensed to do business in the state and approved by the city in the amount of $50,000 for the first year of the franchise, and thereafter in the amount of $5,000, renewable annually, during the remaining years of the franchise, and conditioned upon the faithful performance of the grantee of all the provisions of the franchise agreement and this chapter and upon the further condition that in the event grantee shall fail to comply with any one or more of the provisions of the franchise agreement or this chapter, there shall be recoverable jointly and severally from the principal and surety of the bond any damages or loss suffered by the city as a result thereof, including the full amount of any compensation, indemnification, or cost of removal or abandonment of any property of the grantee as prescribed hereby plus a reasonable allowance for attorney’s fees and costs, up to the full amount of the bond, the condition to be a continuing obligation for the duration of the franchise and any renewal thereof and thereafter until the grantee has liquidated all of its obligations arising out of the acceptance of this franchise or renewal by the grantee or from the exercise of any privileges or right herein granted or the performance of any covenants or obligations imposed hereby.
(2) The bond shall provide that at least 30 days prior written notice of intention not to renew, cancellation, or material change be given to the city by filing the same with the City Clerk.
(Ord. 20, passed 8-5-1982)
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