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1.
New Franchises. For a new franchise awarded, the costs to be borne by the Grantee shall include, but shall not be limited to, all costs of publication of notices prior to any public meeting, publication of relevant ordinances and franchise agreements, incurred by the Grantor in its study, preparation of proposal solicitation documents, evaluation of all applications.
2.
Franchise Renewal. For a franchise renewal, the Grantee shall reimburse the Grantor cost of publication of notices, publication of relevant ordinances and franchise agreements.
3.
Franchise Transfer. For a franchise transfer, Grantee shall reimburse the Grantor cost of publication of notices, publication of relevant ordinances and franchise agreements.
4.
Other Costs. The processing costs provided for in this section shall be in addition to any other inspection or permit fee or other fees due to Grantor under any other ordinance.
1.
Use of Streets. For the purposes of operating and maintaining a system in City, Grantee may erect, install, construct, repair, replace, reconstruct and retain in, on, over, under, across and along the streets within the City lines, cables, conductors, ducts, conduits, vaults, maintenance holes, amplifiers, appliances, pedestals, attachments and other property and equipment as are necessary and appurtenant to the operation of the system, provided that all applicable permits are applied for and granted, all fees paid and all other City codes and ordinances otherwise complied with. However, no rights hereunder may be transferred by Grantee to any other entity except Grantee’s construction agents.
2.
Filing Plans. Prior to construction or alteration, Grantee shall in each case file plans with all appropriate City departments and receive written approval of such plans, which approval shall not be unreasonably withheld. Grantee shall provide in writing a monthly progress report to Grantor through the completion of construction or alteration.
3.
Noninterference. Grantee shall construct and maintain the system so as not to interfere with other uses of streets. Grantee shall make use of existing poles and other facilities available to Grantee whenever practicable. Grantee shall notify all residents directly affected by proposed construction prior to the commencement of that work.
4.
Denial Of Use By Grantor. Notwithstanding the above grant to use the streets, no street shall be used by Grantee if Grantor, in its sole opinion, determines that such use is inconsistent with the conditions or provisions by which such street was created or dedicated or presently used.
1.
Limit Interference. All transmission and distribution structures, lines and equipment erected by Grantee within the City shall be so located as to cause minimum interference with the proper use of streets and other public places and the rights and reasonable convenience of property owners who adjoin such streets and other public places.
2.
Restoration of Streets. In case of disturbance of any street or public place, the Grantee shall, at its own cost and expense and in a manner approved by the City Engineer, replace and restore such area in as good a condition as before the work involving such disturbance was done.
3.
Tree Trimming. The Grantee shall comply with the provisions of Chapter 151 of this Code of Ordinances. Each Grantee shall be responsible for, shall indemnify, defend and hold harmless the Grantor and its officers, agents and employees from and against any and all damages arising out of or resulting from the removal, trimming, mutilation of or injury to any tree or trees proximately caused by the Grantee or its officers, agents, employees, contractors or sub-contractors.
1.
Consent of Erection of Poles. No franchise shall be deemed to include an authorization, either express or implied, for the Grantee to construct or install poles or wire-holding structures within streets for the purpose of placing cables, wires, lines or otherwise without the written consent of the Grantor. Such consent shall be given upon such terms and conditions as the City Engineer may prescribe, which shall include a requirement that the Grantee perform, at its sole expense, all tree trimmings required to maintain the poles clear of obstructions.
2.
Access to Poles. With respect to any poles or wire holding structures which a Grantee is authorized to construct and install within streets, a public utility serving the Grantor may, if denied the privilege of utilizing such poles or wire-holding structures by the Grantee, apply for such permission to the City Engineer. If the City Engineer finds that such use would enhance the public convenience and would not unduly interfere with the Grantee’s operations, the City Engineer may authorize such use subject to such terms and conditions as the City Engineer deems appropriate. Such authorization shall include the condition that the public utility pay to the Grantee any and all actual and necessary costs incurred by the Grantee in permitting such use. Nothing herein shall be construed as a right for the Grantee to utilize public utility property.
1.
Underground Installation Required. Except as hereinafter provided, in all areas of the City where the cables, wires and other like facilities of a public utility are placed underground, each Grantee shall construct and install its cables, wires and other facilities underground. Amplifier boxes and pedestal mounted terminal boxes may be placed aboveground if existing technology reasonably requires, but shall be of such size and design and shall be so located as not to be unsightly or unsafe. In any area of the City where there are certain cables, wires and other like facilities of a public utility underground and at least one (1) operable cable, wire or like facility of a public utility is suspended above the ground from poles, a Grantee may construct and install its cables, wires and other facilities from the same pole with permission of the utility company which owns the poles.
2.
Relocation Underground. With respect to any cables, wires and other like facilities constructed and installed by a Grantee aboveground, the Grantee shall, at its sole expense reconstruct and reinstall such cables, wires, or other facilities underground pursuant to any project under which the cables, wires or other like facilities of all like utilities are placed underground within an area.
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