(a) A franchise granted pursuant to this chapter shall confer upon the grantee named therein the nonexclusive right to erect, install, construct, reconstruct, replace, remove, repair, maintain and operate in, upon, under, above and across the streets, avenues, highways, sidewalks, bridges, other public ways, easements and right of ways, as existing as of the date of the grant of such franchise and all subsequent extensions thereof and additions thereto, in and belonging to the City, all necessary towers, poles, wires, cables, coaxial cables, transformers, amplifiers, underground conduits, manholes and other television and/or radio conductors, equipment and fixtures for the installation, construction, maintenance and operation of a cable communications system (including audio, video and radio signals) or for the furnishing of a cable communications service.
(b) Prior to the erection or installation of towers, poles, guys, anchors, underground conduits, manholes or fixtures for use in connection with the installation, construction, maintenance or operation of a cable communications system under a franchise granted pursuant to this chapter, the grantee of a franchise desiring to erect or install such facilities for use in connection with its cable communications system shall first submit to the City, for review and approval, a concise description of the facilities proposed to be erected or installed, including engineering drawings, if requested or required, together with a map indicating the proposed location of such facilities. No erection or installation of any tower, pole, guy, anchor, underground conduit, manhole or fixture for use in a cable communications system shall be commenced by any person until approval therefor has been received from the City. Such approval shall not be unreasonably withheld.
(c) Any person accepting a franchise pursuant to this chapter and erecting or installing towers or poles shall, upon written request by the City, grant the City reasonable attachment space upon such towers or poles without a rental charge for the attachment of wire or cable owned and used by the City. However, the City shall pay any costs incurred by such person in providing attachment space to the City, including all necessary costs of rearrangement of such person's wires, cables or equipment and tower or pole replacement cost for a larger tower or pole, if required.
(d) Upon expiration, termination or revocation of any such franchise, or if any person wishes to otherwise dispose of any tower or pole erected or installed for use in connection with a cable communications system, the City retains the first right and option to purchase in place such towers or poles as it may require for their fair value based upon reproduction costs less observed depreciation. Further, upon the expiration, termination or revocation of any such franchise, title to all underground conduits and manholes erected or installed and an automatic assignment of all easements related thereto obtained for use in a cable communications system under the rights conferred in this chapter shall pass to the City under its control over its streets, alleys and public right of ways to protect them from things injurious and dangerous to the public.
(e) In areas or portions of the City where transmission or distribution facilities of public utilities providing telephone service and electric service are underground, or may be placed underground when installed, any person granted a franchise pursuant to this chapter shall likewise install, construct, maintain and operate its transmission and distribution facilities underground to the maximum extent feasible and permitted by existing technology and conditions, subject to the approval of the City as provided in subsection (b) hereof.
(f) All construction, installations, maintenance and operation of any cable communications system or of any facilities employed in connection therewith shall be in compliance with the National Electrical Safety Code, as prepared by the National Bureau of Standards, the National Electrical Code of the National Fire Protection Association, the Shiawassee Telephone Company's Code of Pole Line Construction or some other comparable code of pole line construction, standards issued by the Federal Communications Commission or other Federal or State regulatory agencies in relation thereto and applicable regulations of public utilities operating in the City. Every cable communications system installed, constructed, maintained or operated in the City shall be so designed, constructed, installed, maintained and operated so as not to endanger or interfere with the safety of persons or property in the City.
(g) Any opening or obstruction in, disturbance of or damage to the streets, alleys, public right of ways or public places by any person in the exercise of any right granted pursuant to this chapter shall be properly guarded by adequate barriers, lights, signals and warnings so as to prevent danger to any person or vehicle using such streets, alleys, public right of ways or public places, and shall be properly and promptly repaired in a manner specified and approved by the City, at such person's expense.
(h) Any person owning or maintaining a cable communications system or facilities therefor in or on the streets, alleys, public right of ways or public places in the City shall, at his or her expense and without reimbursement from the City, upon request of the City, protect, support, temporarily disconnect, relocate or remove from the street, alley, public right of way or public place any property of such person when required by reason of traffic conditions, public safety, street vacation, freeway or street construction, change or establishment of street grade, installation of sewers, drains, water pipes, power lines, signal lines or tracks, the construction or change of the transmission of distribution facilities of any telephone or electric public utility or other public improvements. Any such person shall also, at the request of any private party holding an appropriate permit issued by the City, temporarily raise or lower its cable communication transmission or distribution wires or cables to permit the moving of any building or other structure, provided that the actual expense of such temporary raising or lowering shall be paid in full by the party requesting the same.
(i) If any person fails to commence, pursue or complete any work required by law or by this chapter to be done in any street, alley, public right of way or public place as designated by the City, the City may cause such work to be done, and such person shall pay to the City the cost thereof within thirty days of the receipt of an itemized statement of such cost.
(j) The grantee shall secure, by fee or by easement, necessary right of ways not under City jurisdiction.
(Ord. 175. Passed 7-21-81.)