13.12.080   Installation of system.
   A.   Within sixty days of the award of any franchise, as defined in Section 13.12.200, the grantee shall proceed with due diligence to obtain all necessary permits and authorizations which are required in the conduct of its business, including, but not limited to, any utility joint use attachment, agreements, microwave carrier licenses, and other permits, licenses and authorizations to be granted by duly constituted regulatory agencies having jurisdiction over the operation of cable television systems, associated microwave transmission/reception facilities and/or satellite communications facilities. City agrees to process application for permits under this section with due diligence so as to not impede construction of system.
   B.   Within one hundred twenty days after award or renewal of any franchise, grantee shall commence construction and installation of the cable television system and/or implementation of those items specified in the franchise agreement and/or ordinance.
   C.   As part of their proposal to the city, the franchise applicant shall indicate a proposed construction schedule for the completion of the installation of the cable television system throughout the entire service area specified in the approved franchise agreement. Service to the areas prescribed in that agreement shall be provided within the period stated therein and failure on the part of the grantee to complete each of the matters set forth therein, shall be grounds for termination of the franchise. The proposed construction schedule shall not, in any event, exceed two years, except that, by resolution, the city, in its discretion, may extend the time for the commencement and the completion of installation and construction for additional periods in the event the grantee, acting in good faith, experiences delays by reason of circumstances beyond his control.
   D.   By acceptance of the franchise granted hereunder, grantee agrees that failure to comply with any time requirements referred to in Subsections A, B and C of this section, or as may be extended by council, may result in imposition on grantee of the remedies specified in Section 13.12.245.
   E.   Grantee shall utilize existing poles, conduits, and other facilities whenever possible, and shall not construct or install any new, different or additional poles, conduits, or other facilities on public property unless and until first securing the written approval of the city manager, which shall not be unreasonably withheld.
   F.   The city shall have the right, free of charge, to make additional use, for any public or municipal purpose, whether governmental or proprietary, of any poles, conduits or similar facilities erected, controlled, or maintained exclusively by or for the grantee in any street, provided such use does not interfere with the use of grantee.
   G.   In those areas of the city where the transmission or distribution facilities of the respective public utilities providing telephone, communication, and electric services are underground, or hereafter are placed underground, the grantee shall, at grantee's sole expense, construct, operate, and maintain all of his transmission and distribution facilities underground, with the exception of any "active device" as defined in Section 13.12.010. Any active device to be located above the ground shall first be approved by the city engineer, who will approve the location and design if grantee has ensured to the city engineer's satisfaction that such location does not endanger the public safety or welfare, and, is so located as to not physically detract from the surroundings. The term "underground" includes a partial underground system.
   1.   The method of underground construction to be utilized by the grantee, whether by trenching, boring, cutting, or other method, and the restoration of streets, parkways, alleys, and other city rights-of-way utilized for the placement of the franchisee's conduits and/or ancillary equipment, must be submitted to and approved by the city engineer pursuant to Section 13.12.085. The construction methods approved will be subject to the required permit fees and city inspection as may be required by other ordinances, rules, regulations and specifications of the city heretofore or hereafter adopted, including but not limited to those pertaining to works and activities in, on, over, under and about streets.
   2.   The grantee shall perform all backfilling on the same day the trench is dug and return public property to original condition within forty-eight hours thereafter, except by specified written request to and approval of the city engineer. Such approval shall be acted upon with all due diligence.
   3.   All landscaped public and private areas shall be returned to a condition as existed prior to the construction work, and the grantee shall maintain such areas until, in the opinion of the city engineer, the plant materials are reestablished. Standards for determination of reestablishment may be included in the franchise agreement.
   H.   Neither the grantee, nor grantee's agents, shall remove any tree or trim any portion either above, at or below ground level, of any tree within any public place without the prior consent of the city. The city shall have the option to see that any work is accomplished with the actual cost thereof to be paid by the grantee. If such trimming is performed by grantee or grantee's agents, the grantee shall be responsible for any and all damages to any tree as a result of trimming, or to the land surrounding the tree, whether such tree is trimmed or removed.
   I.   Any and all firms employed by the grantee shall be subject to the controlling city ordinance(s) regarding the conduct of business within the city, and obtain appropriate licenses and permits, and shall adhere to the complaint procedures required of the grantee.
   Grantee shall provide a mutually agreed upon method of employee/subcontractor identification for all such individuals who may make personal contact with Signal Hill residents for the purposes of construction, marketing, or other services of the cable television system.
   In the event the city determines that any subcontractor employed by the grantee is performing unsatisfactory or inferior work, as determined by the city manager, or is the cause for numerous complaints, the city manager may issue a stop work order for all permits issued to the grantee and/or his subcontractors for construction, and may stop work until such time as the city manager believes that the cause for such complaint has been remedied.
   If the city requires replacement of any subcontractor employed by the grantee, then the grantee shall be given an automatic extension of any construction deadline for thirty additional days from the date of receipt of written notification of any such action by the city.
   J.   Grantee shall, except as provided herein, provide services to the entire residential area of the city, including future annexations, in accord with subsection C of this section and the schedule provided pursuant thereto, and herein referred to as the "subscriber network." Any limitations on system extensions, or exclusions, must be made a part of the franchise agreement approved by council.
   In the event the grantee agrees to build and operate an "institutional network," services shall be provided in accord with the terms and conditions of that network as specified in the franchise agreement approved by council.
   K.   Grantee shall furnish the city with as-built drawings on city's 1"=100" base plans of the entire cable television system, including if requested by the city engineer, a microfiche copy of said plans. Within thirty days of completion of construction of the system, grantee shall file as-built drawings with the city engineer.
   L.   In the event any material changes or modifications are made to the cable system that would alter the city's as-built plans, grantee shall file revised plans to reflect the changes within thirty days of completion of the changes. For the purpose of this section, "material" means any change relating to the dimensions or location of the equipment enclosures, or routing of the cable plant, either aerial or underground.
(Ord. 85-07-950 § 1 (part))