(A) Registration, permits, and construction codes. Within 90 days of acceptance of an initial franchise, a grantee shall apply for any necessary governmental permits, licenses, certificates, and authorizations to construct, repair, replace, relocate, operate, maintain, or reconstruct a system. A grantee must strictly adhere to all state and local laws and building and zoning codes currently or hereafter applicable to location, construction, installation, operation, or maintenance of the facilities used to provide cable service in the city.
(B) Repair of rights-of-way and property.
(1) Consistent with any generally applicable rights-of-way ordinance adopted by the city or applicable law if a city has not adopted a rights-of-way ordinance, any rights-of-way or other property disturbed or damaged during the construction, repair, replacement, relocation, operation, maintenance, or reconstruction of a cable system shall be promptly and fully restored by the grantee performing such work, at its expense, to a condition as good as that prevailing prior to such work.
(2) If a grantee fails to promptly perform the restoration required herein, the city shall have the right, following reasonable written notice to the grantee, to restore rights-of-way and other public property to a condition as good as that prevailing prior to the grantee’s work. The city shall be fully reimbursed by the grantee for its actual costs relating to such restoration.
(C) Undergrounding of facilities.
(1) In all areas of the city where utility facilities are required to be placed underground, or where all other utility lines are underground, a grantee must construct and install system facilities underground.
(2) A grantee must bury new underground drops within a reasonable time period, subject to weather conditions. In the event the ground is frozen, a grantee will be permitted to delay burial until the ground is suitable for burial which in no event must be later than June 30.
(D) Safety requirements.
(1) A grantee shall at all times keep and maintain the system in good condition, order, and repair so as to avoid endangering the life or property of any person; employ ordinary and reasonable care and common industry practices to avoid causing damage, injuries, or nuisances to the public; and keep and maintain the system in accordance with all federal, state, and local laws and regulations including the National Electric Safety Code.
(2) A grantee must install and maintain equipment and facilities in accordance with all applicable federal and state laws and regulations, any right-of-way ordinance, and the requirements of the National Electric Safety Code.
(Ord. 711, passed 2-11-2019)