(A) System construction. The system shall be constructed in accordance with the provisions of the franchise agreement.
(B) Construction components and techniques. Construction components and techniques shall be in accordance with the franchise and all applicable law.
(C) Technical and performance standards. Consistent with applicable law, system technical and performance standards shall be in accordance with the franchise.
(D) Construction codes. The grantee shall strictly adhere to all building and zoning regulations currently or hereafter in force and obtain all necessary permits. The grantee shall arrange its lines, cables or other appurtenances, on both public and private property, in such a manner as to cause no unreasonable interference with the use of said property by any person. In the event of such interference, the grantor may require the removal of the grantee’s lines, cables and appurtenances from the property in question. Except for service drops, the grantee shall give at least 48 hours’ advance notice to all property owners and the grantor prior to installing any aboveground and underground structures upon easements located on private property. The grantor shall not modify its construction requirements subsequent to the completion of construction so as to require reconstruction or retrofit unless the public health and safety so requires.
(E) System construction schedule.
(1) The grantee shall begin to offer cable television service no later than the schedule contained in the franchise.
(2) The grantee shall provide a detailed construction plan indicating progress schedule, area construction or reconstruction maps, test plan and projected dates for offering service.
(F) Geographical coverage. The grantee shall have the right to design and construct the system to have the capability to service every residential structure within the service area of the franchise and any annexations thereto, as defined and provided by the franchise agreement, with any exceptions requiring specific the grantor approval. Service shall be provided to subscribers in accordance with the schedules and line extension policies specified in the franchise. The route of separate cables serving institutional subscribers shall be as approved by the grantor and specified in the franchise.
(G) Provision of service. After service has been established for any area, the grantee shall provide service to any requesting subscriber within that area within times and terms set forth in the franchise.
(H) Construction default. Upon the failure, refusal or neglect of the grantee to cause any construction, repair or other necessary work to comply with the terms of the franchise agreement to be properly completed in, on, over or under any right-of-way within a time prescribed in the franchise agreement or the construction permit, the grantor may (but shall not be required to) cause such work to be completed in whole or in part, and upon so doing shall submit to the grantee an itemized statement of costs thereof. The grantee shall be given reasonable notice of the grantor’s intent to exercise this power and 15 days to cure thereafter. The grantee shall, within 30 days of billing, pay to the grantor the actual costs thereof.
(I) Vacation or abandonment. In the event any street, alley, public highway or portion thereof used by the grantee shall be vacated by the grantor, or the use thereof discontinued by the grantee, upon reasonable notice, the grantee shall forthwith remove its facilities therefrom unless specifically permitted to continue the same, and on the removal thereof, restore, repair or reconstruct the area where such removal has occurred, to such condition as may be required by the grantor not in excess of the original condition. In the event of failure, neglect or refusal of the grantee, after 30 days’ notice by the grantor to do such work, the grantor may cause it to be done, and the cost thereof shall be paid by the grantee within 30 days’ notice by a grantor to do such work, the grantor may cause within 30 days and collection may be made by the grantor.
(J) Abandonment in place. The grantor may, upon written application by the grantee, approve the abandonment of any property in place by the grantee, under such terms and conditions as the grantor may approve. Upon grantor-approved abandonment of any property in place, the grantee shall cause to be executed, acknowledged and delivered to the grantor such instruments as the grantor shall prescribe and approve, transferring and conveying the ownership of such property to the grantor.
(K) Removal of system facilities. In the event that the grantee’s plant is deactivated for a continuous period of 30 days except for reasons outside the grantee’s control, without prior written notice to and approval by the grantor, then the grantee shall, at the grantor’s option and at the expense of the grantee and at no expense to the grantor, and upon demand by the grantor, promptly remove from any streets or other area all property of the grantee, and the grantee shall promptly restore the street or any other area from which such property has been removed to its condition prior to the grantee’s use thereof; provided, that the grantee shall not be required to remove conduit from underground, where the grantor may determine no damage to the surface of any structures may result from such nonremoval.
(L) Movement of facilities. In the event it is necessary to temporarily move or remove any of the grantee’s property at the grantor’s direction for a public purpose in order lawfully to remove a large object, vehicle, building or other structure, the grantee, upon reasonable notice, at least seven business days, shall move, at the expense of the grantee, its property as may be required to facilitate such movements. No such movement shall be deemed a taking of the grantee’s property. Nothing herein shall limit the right of the grantee to seek reimbursement from any party.
(M) Undergrounding of cable. Cables shall be installed underground at the grantee’s cost where all existing utilities are already underground. Previously installed aerial cable shall be installed underground at the grantee’s pro rata cost in concert with other utilities when all such other utilities may convert from aerial to underground construction. If the grantor reimburses all or a portion of the monetary expenses for similar easement users, the grantor shall reimburse the grantee in like manner.
(N) Facility agreements. No franchise shall relieve the grantee of any obligations involved in obtaining pole or conduit space from any department of the grantor, utility company or from others maintaining utilities in streets.
(O) Extension of franchise area. If the grantor elects to grant one or more franchises hereunder, and if thereafter one or more of the franchises expires or is otherwise ended, the grantor may, if it so elects, require a remaining grantee, or more than one, to extend its system to provide service to the area served by the ended franchise; provided, that it is financially reasonable and the grantee shall not be required to overbuild any existing system. The terms and requirements of such extension shall not exceed those contained herein or in the grantee’s franchise.
(P) Repair of streets and public ways. Any and all streets and public ways disturbed or damaged by the grantee or its contractors, during the construction, operation, maintenance or reconstruction of the system, shall be restored within the time frame and limits specified by the grantor or agent of the grantor, at the grantee’s expense, to their original condition unless otherwise authorized in writing by the grantor.
(Q) Trimming of trees. The grantee may cut or trim any trees in any street, alley or public way, and the grantee may cut or trim trees pursuant to a prior agreement with the owner of property on which they stand, or as otherwise authorized in writing by the grantor.
(R) Reservations of street rights. Nothing in franchise shall prevent the grantor from constructing, repairing and/or altering any public work. All such work shall be done, insofar as practicable, in such manner as not to unnecessarily obstruct, injure or prevent the free use and operation of any property of the grantee. However, if any such property of the grantee shall interfere with the construction, maintenance or repair of any public improvement, all such property shall be removed or replaced in such manner as directed by the grantor so that the same shall not interfere with the said public work, such removal or replacement shall be at the expense of the grantee if other affected utilities also remove or replace his, her or its property at his, her or its expenses.
(2009 Code, § 8-1-8) (Ord. 93-5, passed 4-11-1993)