(A) (1) The construction, operation, maintenance and repair of a cable system shall be in accordance with all applicable sections of the Occupational Safety and Health Act of 1970; the National Electrical Safety Code; the National Electric Code; National Cable Television Association Standards of Good Engineering Practices; Obstruction Marking and Lighting, Federal Aviation Administration; Construction, Marking and Lighting of Antenna Structures, Federal Communications Commission Rules Part 17; AT&T Manual of Construction Procedures (Blue Book); franchisee’s construction procedures manual; other federal, state or local laws and regulations that may apply to the operation, construction, maintenance or repair of a cable system, including, without limitation, local zoning and construction codes and laws and accepted industry practices, all as hereafter may be amended or adopted.
(2) In the event of a conflict among codes and standards, the most stringent code or standard shall apply, except insofar as that code or standard, if followed, would result in a system that could not meet requirements of federal, state or local law.
(3) The village may adopt additional reasonable standards as required to ensure that work continues to be performed in an orderly and workmanlike manner or to reflect changes in standards which may occur over a franchise term.
(B) All wires, cable lines and other transmission lines, equipment and structures shall be installed and located to cause minimum interference with the rights and convenience of property owners, including the village.
(C) All electronic equipment shall be of good and durable quality.
(D) Without limiting the foregoing, antennae and their supporting structures (towers) shall be designed in accordance with the Uniform Building Code and Electronics Industry Association RS-22A Specifications, as amended, and shall be painted, lighted, erected and maintained in accordance with all applicable rules and regulations of the Federal Aviation Administration and all other applicable federal, state or local laws, codes and regulations, all as hereafter may be amended or adopted.
(E) Without limiting the foregoing, all of a franchisee’s plant and equipment, including, but not limited to the antennae site, head end and distribution system, towers, house connections, structures, poles, wires, cable, coaxial cable, fiber, optic cable, fixtures and apparatuses shall be installed, located, erected, constructed, reconstructed, replaced, removed, repaired, maintained and operated in accordance with good engineering practices, performed by experienced and properly trained maintenance and construction personnel so as not to endanger any person or property or to unreasonably interfere in any manner with the public rights-of-way or legal rights of any property owner including the village or unnecessarily hinder or obstruct pedestrian or vehicular traffic.
(F) All safety practices required by law shall be used during construction, maintenance and repair of a cable system. A franchisee shall install and maintain in use commonly accepted methods and devices to prevent failures and accidents that are likely to cause damage, injury or nuisance to the public.
(G) A franchisee shall not place facilities, equipment or fixtures where they will interfere with any cable, gas, electric, telephone, water, sewer or other utility facilities, or obstruct or hinder in any manner the various utilities serving the residents and businesses in the village of their use of any public rights-of- way.
(H) Any and all public rights-of-way, public property or private property disturbed or damaged during the construction, repair, replacement, relocation, operation, maintenance or construction of a system shall be repaired or replaced by the franchisee within a reasonable time specified by the village.
(I) A franchisee shall, by a reasonable time specified by the village, protect, support, temporarily disconnect, relocate or remove discrete portions of its property when required by the village by reason of traffic conditions; public safety, public right-of-way construction; public right-of-way maintenance or repair (including resurfacing or widening); change of public right-of-way grade; construction, installation or repair of sewers, drains, water pipes, power lines, signal lines, tracks or any other type of government-owned utility; public right-of-way vacation; or for any other purpose where the convenience of the village would be reasonably served thereby; provided, however, that the franchisee may abandon any property in place if approved by the village in writing, and provided further that the franchisee shall not be required to make permanent changes in its facilities to accommodate the installation of another cable system, nor should it be required to make temporary changes solely to disrupt its business or otherwise provide an unfair advantage to a competitor. No action hereunder shall be deemed a taking of the property of a franchisee and a franchisee shall not be entitled to any compensation therefor. No location of any pole or wire-holding structure of a franchisee shall be a vested interest.
(J) (1) If any action under the preceding paragraph is reasonably required to accommodate the construction, operation or repair of the facilities of another person that is authorized to use the public rights-of-way, a franchisee shall, after 30 days’ advance written notice, take action to effect the necessary changes requested. The franchisee shall be reimbursed by such other person for costs reasonably incurred in taking the action. The Village Board may resolve disputes as to responsibility for costs associated with the removal, relaying or relocation of facilities as among entities authorized to install facilities in the public rights-of-way if the parties are unable to do so themselves, and if the matter is not governed by a valid contract between the parties.
(2) All charges shall be consistent with ILCS Chapter 65, Act 5, § 11-42-11.
(K) In the event of an emergency or where a cable system creates or is contributing to an imminent danger to health, safety or property, the village may remove, relay or relocate the pertinent parts of that cable system without prior notice. No charge shall be made by franchisee against the village for restoration and repair.
(L) A franchisee shall, on the request of the village or any person holding a permit issued by the village, temporarily raise or lower its wires to permit the moving of buildings or oversized vehicles. The expense of the temporary removal or raising or lowering of wires shall be paid by the person requesting same and the franchisee shall have the authority to require the payment in advance, except in the case where the request is made by the village on its own behalf, in which case no payment shall be required. The franchisee shall be given not less than 48 hours’ advance notice to arrange for the temporary wire changes unless the Village Board has declared an emergency. All charges shall be consistent with ILCS Chapter 65, Act 5, § 11-42-11.
(M) A franchisee shall have the authority to trim trees that overhand a public right-of-way of the village so as to prevent the branches of such trees from coming in contact with the wires and cables of the franchisee, at its own expense subject to the supervision and direction of the village. Trimming of trees on private property shall require written permission of the property owner. All cut materials shall be property disposed.
(N) A franchisee shall use, with the owner’s permission, existing underground conduits or overhead utility facilities whenever feasible and may not erect poles in public rights-of-way without the express written permission of the Village Board, which permission shall not be unreasonably withheld. Copies of agreements for use of conduits or other facilities shall be filed with the Village Clerk as required by a franchise agreement or upon village request.
(O) (1) Trunk, feeder and drop cable may be constructed overhead where poles exist and electric, cable television or telephone lines are overhead, but where no overhead lines exist all trunk, feeder and drop cable shall be constructed underground. Whenever and wherever all electric lines and telephone lines are moved from overhead to underground placement, all cable system cables shall be similarly moved and the cost of movement of its cable shall be solely the obligation of the franchisee. In cases of new construction or property development where utilities are to be placed underground, on request of franchisee the developer or property owner shall give a franchisee reasonable notice of the particular date on which open trenching will be available to franchisee for installation of conduit, pedestals and/or vaults and laterals to be provided at the franchisee’s expense. The franchisee shall also provide specifications as needed for trenching.
(2) Costs of trenching and easements required to bring facilities within the development shall be borne by the developer or property owner, except that if the franchisee fails to install its conduit, pedestals and/or vaults and laterals within five working days of the date the trenches are available, as designated in the notice given by the developer or property owner, then should the trenches be closed after the five-day period, the cost of new trenching is to be borne by the franchisee.
(P) The village shall have the right to install and maintain free of charge upon any poles or within any conduit owned by a franchisee any wire and pole fixtures that do not reasonably interfere with the cable system operations of the franchisee.
(Q) Prior to construction or rebuild of a cable system, a franchisee shall first submit to the Village Board for approval a concise description of the cable system proposed to be erected or installed, including engineering drawings, if required by the Village Board, together with a map and plans indicating the proposed location of all facilities and obtain written approval therefor from the Village Board, which approval shall not be unreasonably withheld.
(R) Any contractor or subcontractor used for work or construction, installation, operation, maintenance or repair of system equipment must be properly licensed under laws of the state and all applicable local ordinances and each contractor or subcontractor shall have the same obligations with respect to its work as a franchisee would have under the franchise agreement and applicable laws if the work were performed by the franchisee. The franchisee must ensure that contractors, subcontractors and all employees who will perform work for it are trained and experienced. The franchisee shall be responsible for ensuring that the work of contractors and subcontractors is performed consistent with the franchise and applicable law, shall be fully responsible for all acts or omissions of contractors or subcontractors, shall be responsible for promptly correcting acts or omissions by any contractor or subcontractor and shall implement a quality control program to ensure that the work is properly performed.
(S) Upon failure of a franchisee to commence, pursue or complete any work required by law or by the provisions of this code to be done in any street, within the time prescribed and to the reasonable satisfaction of the village, the village may, at its option, after 30 days notice to franchisee, cause the work to be done and the franchisee shall pay to the village the cost thereof in the itemized amounts reported by the village to franchisee within 30 days after receipt of the itemized report.
(T) The franchisee shall make no paving cuts or curb cuts, except after written permission has been given by the village, which permission shall not unreasonably be withheld.
(U) The franchisee shall install in conduit all cable passing under any major roadway.
(`92 Code, § 8-1-52) (Ord. 96-19, passed 10-2-96) Penalty, see § 116.999