(A) Schedule.
(1) Permits. Within 90 days after the effective date of its franchise, the grantee shall file with the appropriate governmental authorities, and with the necessary utility companies, all initial papers, applications, contracts and other documents necessary to permit the commencement of construction and operation of the BTN, and shall thereafter make diligent efforts to obtain the proper execution and delivery of the documents. The grantee shall report to the city every 30 days on its progress in obtaining necessary permits, contracts and other necessary documents, as contemplated in this division, and on its construction progress as specified in the following divisions.
(2) Substantial completion. Within 12 months after the commencement of construction, the grantee shall have substantially completed the network.
(3) Midway completion. Within eight months after the commencement of construction, the grantee shall have installed sufficient distribution facilities so as to permit the offering of full network service to at least 50% of the potential subscribers in the franchise territory.
(4) Commencement of operation. Within six months after the commencement of construction, the grantee shall commence operations authorized under this chapter.
(5) Initiation of services. Within three months after the commencement of construction, the grantee shall have installed sufficient distribution facilities so as to permit the offering of full network service to at least one potential subscriber in the franchise territory.
(6) Commencement of construction. Within eight months after the effective date of its franchise, the grantee shall commence construction of the network.
(B) Standards.
(1) Compliance with safety codes. All construction practices shall be in accordance with all applicable sections of the Occupational Safety and Health Act of 1970, as amended, as well as all applicable state and local codes.
(2) Compliance with electrical code. All installations of electronic equipment shall be of a permanent nature, shall be durable and shall be installed in accordance with the Electrical Code of the city.
(3) Antennas and towers. Antenna-supporting structures (towers) shall be designed for the proper loading zone as specified in the Electronics Industry Association’s R.S. - 222 City Specifications.
(4) Good engineering practices. All of the grantee’s plant and equipment, including, but not limited to, the antenna site, the head-end and distribution system, towers, house connections, structures, poles, wire, cable, coaxial cable, fixtures and appurtenances, if and to the extent located within the city, shall be installed, located, erected, constructed, reconstructed, replaced, removed, repaired, maintained and operated in accordance with good engineering practices. The work shall be performed by experienced maintenance and construction personnel so as not to endanger or interfere with improvements the city may deem proper to make, or to interfere in any manner with the rights of any property owner, or to unnecessarily hinder or obstruct pedestrian or vehicular traffic on city properties.
(5) Safety and nuisance requirements. The grantee shall, at all times, employ ordinary care and shall install and maintain in use commonly accepted methods and devices preventing failures and accidents which are likely to cause damage, injury or nuisance to the public.
(6) Personnel. The grantee shall employ only such personnel as have necessary and sufficient skill and experience or training as to properly perform their respective jobs and positions.
(C) Street occupancy.
(1) The grantee shall utilize existing poles, conduits and other facilities, whenever possible, and shall not construct or install new, different or additional poles, conduits or other facilities on public property until the written approval of the city is obtained, which approval shall not be unreasonably withheld. The grantee shall not acquire any vested interest in any location for any pole or wire-holding structure, and the pole or structure shall be removed or modified by the grantee at its own expense whenever the city determines that the public convenience would be enhanced thereby.
(2) The facilities of the grantee shall be installed underground in those areas of the city where existing telephone and electric services are both underground at the time of network construction. In areas where either telephone or electric utility facilities are installed aerially at the time of network construction, the grantee may install its facilities aerially with the understanding that at such time as the existing aerial facilities are required to be placed underground by the city, the grantee shall likewise place its facilities underground at its own expense.
(3) The grantee shall notify the city at least ten days prior to the time the grantee intends to commence construction in any street. The city shall cooperate with the grantee in granting any permits required, provided that the grant and subsequent construction by the grantee shall not unduly interfere with the use of the street and provided, further, that the proposed construction is done in accordance with applicable ordinances and regulations of the city.
(4) All transmission lines, equipment and structures shall be installed and located as to cause minimum interference with the rights and reasonable convenience of property owners and shall at all times be kept and maintained in a safe, adequate and substantial condition and in good order and repair. The grantee shall, at all times, employ ordinary care and shall install and maintain in use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries or nuisances to the public. Suitable barricades, flags, lights, flares or other devices shall be used at such times and places as are reasonably required for the safety of the public. Any pole or other fixture placed in any public way by the grantee shall be placed in such a manner as not to interfere with the usual travel on the public way.
(5) The grantee shall, at its own expense and in a manner approved by the city, restore to city standards and specifications any damage or disturbance caused to the public way as a result of its operation or construction on its behalf. The grantee shall guarantee and maintain the restoration for one year against defective materials or workmanship.
(6) Whenever, in case of fire or other disaster, it becomes necessary, in the judgment of the Mayor, the Director of Public Works, the Fire Chief or the Police Chief, to remove or damage any of the grantee’s facilities, no charge shall be made by the grantee against the city for restoration and repair, unless that act amounts to gross negligence on the part of the city.
(7) The grantee may trim trees on public property at its own expense as may be necessary to protect its wires and facilities, subject to the supervision and direction of the city.
(8) The grantee, at its own expense, shall protect, support, temporarily disconnect, relocate or remove any of its property when, in the opinion of the Director of Public Works, the same is required by reason of traffic conditions, public safety, a street vacation, street construction, a change or establishment of a street grade, the installation of sewers, drains, waterpipes, power lines, signal lines, transportation facilities, tracks or any other structure or improvement by governmental agencies, whether acting in a governmental or a proprietary capacity, or for any other reason, including, but not limited to, movement of buildings, renewal of areas within the city and any general program under which the city undertakes to cause all such property to be located beneath the surface of the ground. The grantee shall, in all cases, have the privilege, subject to the corresponding obligation, to abandon any of its property in place. Nothing in this section shall be deemed as taking of the property of the grantee, and the grantee shall be entitled to no surcharge by reason of any provision of this section.
(9) Upon failure of a grantee to commence, pursue or complete any work required by law or by this chapter to be done in any street, within the time prescribed and to the satisfaction of the Director of Public Works, the Director may, at his or her option, cause the work to be done, and the grantee shall pay to the city the cost thereof in the itemized amounts reported by the Director to the grantee, within 30 days after receipt of the itemized report.
(10) The grantee shall make no paving cuts or curb cuts unless they are absolutely necessary, and then only after written permission has been given by the Director.
(11) The grantee shall install in conduit all cables passing under the roadway.
(D) Letter of credit.
(1) The grantee shall furnish to the city an irrevocable letter of credit in favor of the city in a form approved by the City Attorney, certifying that $100,000 is and will remain available, until reduced in accordance with this division, at a sound and reputable banking or financial institution (selected by the grantee and approved by the city) authorized to issue such letter of credit. The letter of credit shall be conditioned upon the faithful performance by the grantee of its obligations under this chapter and the franchise agreement, including timely compliance with the construction schedule set forth in division (A) of this section, and shall be reduced in accordance with the following table upon such timely compliance by the grantee.
(2) If the following construction phase is timely completed by the grantee, the dollar amount of the letter of credit shall be reduced as follows:
(a) Commencement of construction (eight months after effective date of franchise): $100,000;
(b) Initiation of service (three months after commencement of construction): $80,000;
(c) Commencement of operation (six months after commencement of construction): $60,000;
(d) Midway completion of construction (eight months after commencement of construction): $40,000; and
(e) Substantial completion of construction (12 months after commencement of construction): $0.
(3) When the grantee has substantially completed construction, the letter of credit shall be released to the grantee.
(2000 Code, § 5.12.250)