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In the event any street, alley, public highway or utility easement, or any portion thereof, used by the company shall be vacated by the city or the use thereof discontinued by the company during the term of this franchise, the company shall forthwith remove its facilities therefrom unless specifically permitted to leave them there, and upon the removal thereof, restore, repair or reconstruct the street area where the removal has occurred in such condition as may be required by the city. In the event of failure, neglect or refusal of the company, after 30-days' notice by Common Council to repair, improve or maintain such street proportions, the city may do the work or cause it to be done, and the cost thereof as found and declared by the city shall be paid by the company, and collection may be by court action or otherwise.
(Ord. G-77-639, passed 1-3-1977)
(A) Use. All transmission and distribution structures, lines and equipment erected by the company within the city shall be so located as to cause minimum interference with the proper use of all streets, alleys and other public ways and places, and to cause minimum interference with the rights and reasonable convenience of property owners who adjoin any of the streets, alleys or other public ways and places.
(B) Restoration. In case of any disturbance of pavement, sidewalk, driveway or other surfacing, the company shall, at its own cost and expense and in a manner approved by the city, replace and restore all paving, sidewalk, driveway or surface of any street or alley disturbed to as good condition as before the work was commenced, and shall maintain the restoration in an approved condition for a period of three years.
(C) Relocation. In the event that at any time during the period of this franchise the city shall lawfully elect to alter or change the grade or width of any street, alley or other public way, the company, upon reasonable notice by the city, shall remove, relay and relocate its poles, wires, cables, underground conduits, manholes and other system fixtures at its own expense.
(D) Temporary removal of wire for building moving. The company shall, on the request of any person holding a building moving permit issued by the city, temporarily raise or lower its wires to permit the moving of buildings. The expense of the temporary removal, raising or lowering of wires shall be paid by the person requesting the same, and the company shall have the authority to require payment in advance. The company shall be given not less than 120-hours' advance notice to arrange for the temporary wire changes.
(E) Trimming of trees. The company shall have the authority to trim trees upon and overhanging any street, alley or other public way so as to prevent the branches of the trees from coming in contact with its wires, cables or other equipment.
(Ord. G-77-639, passed 1-3-1977)
(A) The company shall, while operating under this franchise, maintain efficient cable television service in the city. However, the company shall not be liable for loss or damage caused by interruption or failure of service due to accident or breakdown of lines or equipment, strike, riot, act of God or the public enemy, or such other causes beyond its control, or due to shutdowns for reasonable periods to make repairs to equipment; but the company shall in these cases exercise proper diligence in repairing the equipment and resume operation of same without unnecessary delay.
(B) The company has adopted, and the Common Council has approved, procedures for the investigation and resolution of complaints regarding its cable television operations. Notice of the procedures for reporting and resolving complaints shall be given to each subscriber at the time of initial subscription to the cable television system operated by the company. Further, the company shall have a local business office or agent in the city for the purpose of receiving notice of, investigating, and seeing that proper steps are taken to effect the resolution of any problems relating to service or other aspects of its cable television operations. The local manager shall have primary responsibility for the continuing administration of this franchise and for the implementation of the procedures of this division.
(C) The city shall have access at all reasonable hours to all of the company's plans, contracts and engineering, accounting, financial, statistical, customer and service records relating to the property and the operation of the company and to all other records required to be kept hereunder.
(D) A copy of any and all rules, regulations, terms and conditions adopted by the company for the conduct of its business shall be filed with the City Clerk; and a copy shall also be available for public inspection at the office of the company.
(E) This franchise shall not in any way be construed as a license or permit to the company to engage in the sale or service of radio or television sets or equipment. As part of the consideration for the granting of this franchise, the company shall not engage in the sale or service of TV sets, appliances or parts.
(Ord. G-77-639, passed 1-3-1977)
(A) The company agrees to and shall furnish, without installation charge or monthly service fee, three connections to the City-County Building, one of which shall be directly into the police station facilities, and one connection to all fire houses and any other municipal building or buildings designated by the Common Council, and to all public and parochial, elementary, secondary and college level schools located within the city.
(B) The company shall reserve one channel for use by public and parochial elementary, secondary and college level schools.
(Ord. G-77-639, passed 1-3-1977)
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