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The city intends, by the adoption of this chapter, to bring about the development and operation of a cable system. This development can contribute significantly to the communications needs and desires of many individuals, associations and institutions. (Ord. 4154, 2-19-1996)
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings given in this section. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number and words in the singular number include the plural number. All capitalized terms used in the definition of any other term shall have their meaning as otherwise defined in this section. The words "shall" and "will" are mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning.
BASIC SERVICE: Any service tier which includes the retransmission of local television broadcast signals.
CABLE ACT: The cable communications policy act of 1984, pub. L. no. 98-549, 98 stat. 2779 (1984) (codified at 47 USC sections 521-611 (1982 & supp. V 1987)) and any amendments thereto.
CABLE SERVICE: a) The one-way transmission to subscribers of video programming or other programming service; and b) subscriber interactive programming or other programming service, or any other lawful communications service.
CABLE SYSTEM: A facility, consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed to provide cable service which includes programming and which is provided to multiple subscribers within a community, but such term does not include: a) a facility that serves only to retransmit the television signals of one or more television broadcast stations; b) a facility that serves only subscribers in one or more multiple unit dwellings under common ownership, control or management, unless such facility or facilities use any public right of way; c) a facility of common carrier which is subject, in whole or in part, to the provisions of title II of the cable act, except that such facility shall be considered a cable system (other than for purposes of section 621 (c) of title I of the cable act) to the extent such facility is used in the transmission of video programming directly to subscribers; or d) any facilities of any electric utility used solely for operating its electric utility system.
CABLE SYSTEM UPGRADE: The process by which the system shall be upgraded pursuant to subsection 3-7-5A of this chapter.
CHANNEL: A portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television channel as defined by the FCC.
CITY: The city of Waterloo, Iowa, or, as appropriate in the case of specific provisions of this franchise, any board, bureau, authority, agency, commission, department of, or any other entity of or acting on behalf of, the city of Waterloo, or any officer, official, employee or any successor thereto.
CITY COUNCIL: The governing body of the city.
COMPLAINT: Any verbal or written inquiry, allegation or assertion made by a person which requires subsequent corrective action to the cable system or any portion thereof, or raises an objection to the programming or business practices of grantee. The term "complaint" does not include an inquiry which is immediately answered by the grantee.
CONVERTER: A device utilized by a subscriber to change the frequency of a signal.
DROP: The cable that connects the subscriber terminal at a point in the subscriber's home, designated by the subscriber, to the nearest feeder cable of the cable system.
FCC: The Federal Communications Commission, its designee, or any successor thereto.
GRANTEE: Any person granted a franchise hereunder, its agents, employees and representatives, or the lawful successor, transferee or assignee thereof.
GROSS REVENUES: Any and all revenues of any kind or nature received directly or indirectly by the grantee derived from the operation or existence of the cable system. Gross revenues shall not include revenues derived directly from national advertising which may be carried on the cable system. This sum shall be the basis for computing the fee imposed pursuant to subsection 3-7-10A of this chapter. This sum shall not include any taxes on services furnished by the grantee which are imposed upon any subscriber or user by the state, county, city or other governmental unit and collected by the grantee on behalf of said governmental unit, including the access support fee identified in subsection 3-7-6G of this chapter. There shall be no other deductions from this sum for uncollected accounts or any other item unless specified herein or as specified in federal law.
INSTALLATION: The act of connecting the cable system from the feeder cable to the subscriber terminal so that cable television service may be received by the subscriber.
INSTITUTIONAL NETWORK: The cable or cables, electronics and ancillary equipment provided pursuant to subsection 3-7-6E of this chapter.
LOCAL OFFICE: A location where the grantee or its agents are available to conduct business with subscribers during normal business hours. Such business could include bill payments, equipment returns, service complaints, new subscriptions or disconnections.
NORMAL BUSINESS HOURS: As applied to the grantee, shall mean those hours during which similar businesses in the city are open to serve customers. In all cases normal business hours must include some evening hours at least one night per week, and/or some weekend hours.
NORMAL OPERATING CONDITIONS: Those service conditions which are within the control of the grantee. Those conditions which are not within the control of the grantee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages and severe or unusual weather conditions. Those conditions which are ordinarily within the control of the grantee include, but are not limited to, special promotions, pay-per-view events, subscriber billing, regular peak or seasonal demand periods and maintenance or upgrade of the cable system.
PERSON: Any natural person or any association, firm, partnership, joint venture, limited liability company, corporation or other legally recognized entity, whether for-profit or not-for-profit.
PUBLIC PROPERTY: Any real property, other than a street, owned by any governmental unit.
SERVICE INTERRUPTION: The loss of picture or sound on one or more cable channels.
SIGNAL: Any transmission or reception of radio frequency energy or of optical information.
STREET: The surface of and the space above and below any public street, public road, public highway, public freeway, public lane, public path, public way, public alley, public court, public sidewalk, public boulevard, public parkway, public drive or any public easement or right of way now or hereafter held by the city which shall, within its proper use and meaning in the sole opinion of the city, entitle grantee to the use thereof for the purpose of installing or transmitting over poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments and other property as may be ordinarily necessary and pertinent to a cable system.
SUBSCRIBER: Any person or entity who lawfully subscribes to a cable service provided by grantee by means of or in connection with the cable system whether or not a fee is paid for such service.
TWO-WAY CABLE SYSTEM: Pursuant to subsection 3-7-5A of this chapter, means that the headend, trunk cables, distribution plant, amplifiers and other technical components of the cable system have the requisite equipment to potentially provide video, audio, voice, and/or data signals in both directions simultaneously. (Ord. 4154, 2-19-1996)
A. Authority For Use Of Streets:
1. For the purpose of constructing, operating, and maintaining a cable system in the city, grantee may erect, install, construct, repair, replace, relocate, reconstruct and retain in, on, over, under, upon, across and along the streets within the city such lines, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, pedestals, attachments and other property and equipment as are necessary and appurtenant to the operation of the cable system, provided that all applicable permits are applied for and granted, all fees paid and all other lawful city codes and ordinances are otherwise complied with.
2. Prior to any construction, reconstruction, or rebuilding of the cable system, grantee shall, in each case, file plans with the city. This requirement shall be in addition to grantee's obligations specified in subsection 3-7-5A2 of this chapter.
3. Grantee shall construct and maintain the cable system so as not to interfere with other uses of streets. Grantee shall make use of existing poles available to grantee, unless grantee chooses to install underground. Grantee shall widely publicize proposed construction work prior to commencement of that work. Such publicity shall include, but not be limited to: a) publication in local newspapers identifying all affected areas, dates of such work and grantee's telephone number; b) a character-generated notice on the public access channel, which both parties recognize may be preempted by the city, which shall appear on the cable system a reasonable number of times during prime time viewing hours to place subscribers on notice. Except in case of emergency beyond grantee's reasonable control, grantee shall individually notify verbally or in writing all residents affected by proposed underground work, when such work shall affect thirty percent (30%) or more of existing subscribers, not less than forty eight (48) hours prior to commencement of that work. Such notice shall include the grantee's telephone number.
4. Notwithstanding the above grant to use the streets, grantee may only use such streets for normal cable system operations and may not substantially deviate from the intended use of such streets. The city may determine whether grantee's use is materially inconsistent or a substantial deviation from the terms, conditions or provisions by which such street was created or dedicated, or presently used. The city may not unreasonably withhold access to said streets.
B. Nature Of Franchise: Upon acceptance, the grantee's nonexclusive franchise for the occupation and use of the streets within the city for the construction, operation, maintenance, upgrade, repair and removal of the cable system in accordance with the provisions of this chapter shall be deemed to be valid.
C. Franchise Term: A franchise shall commence upon acceptance by grantee and compliance with all applicable provisions of Iowa law as defined herein.
D. Area Covered: This chapter is applicable within the city limits of Waterloo. In the event of annexation by the city, any new territory shall become part of the area covered.
E. Use Of Grantee Facilities: The city shall have the right to install and maintain at a charge consistent with grantee's incurred costs from the city, or telephone company, including other applicable utility rental charges, upon the poles and within the underground pipes and conduits of grantee, any wires and fixtures desired by the city to the extent that such installation and maintenance does not interfere with existing and future operations of grantee and provided that city holds grantee harmless against and from all claims, demands, costs or liabilities of every kind and nature whatsoever arising out of such use of poles or conduits, including, but not limited to, reasonable attorney fees and costs.
F. Written Notice: All reasonable notices, reports or demands required to be given in writing under this chapter shall be deemed to be given when delivered personally to the person designated below, or when five (5) days have elapsed after it is deposited in the United States mail in a sealed envelope, with registered or certified mail postage prepaid thereon, or on the next addressed business day if sent by express mail or overnight air courier addressed to the party to which notice is being given, as follows:
City Attorney's Office
City of Waterloo, Iowa
715 Mulberry Street
Waterloo, IA 50703
Attn: Cable Commission
G. Franchise Nonexclusive: Any franchise granted herein is nonexclusive. The city specifically reserves the right to grant, at any time, additional franchises for a cable system in accordance with state and federal law. Subject to the Cable Act, in the event that the city enters into a cable franchise with any other person or entity other than grantee, to enter into the city's streets and public ways for the purpose of constructing or operating a cable system, the material provisions thereof shall not be more favorable or less burdensome than those contained herein, considering all the circumstances.
H. Compliance With Laws:
1. Subject to applicable local, state and federal law, grantee's rights are subject to the lawful police powers of the city to adopt and enforce ordinances necessary to the health, safety and welfare of the public.
2. This chapter is subject to all applicable federal laws and regulations and shall be construed and enforced in accordance with the laws of the state.
3. This chapter is adopted as an exercise of the city's governmental powers, pursuant to the specific authority conferred upon it by Iowa law. (Ord. 4154, 2-19-1996)
A. Cable System Design:
1. Grantee shall immediately undertake all necessary steps to rebuild and/or substantially upgrade and, thereafter, operate and maintain over the term of any franchise, the cable system utilizing fiberoptic technology or other substantially similar and equally effective technology to significantly improve signal quality and reliableness of the cable system and greatly reduce the number of amplifiers in line between the headend and/or node and the extremity points of the cable system. Upon completion of said rebuilding and/or substantial upgrading, the cable system shall have the capability of delivering at least seventy seven (77) television channels. Construction shall be completed on or before December 31, 1999, and shall be fully operational within thirty (30) days following completion of construction. Grantee recognizes that completion of construction on or before December 31, 1999, shall be considered a material term of this franchise, the violation of which shall be grounds for revocation pursuant to subsection 3-7-10J of this chapter.
2. Grantee shall make available to the city for inspection at grantee's Waterloo office, a full description of the cable system proposed for construction, including as-built maps for the entire cable system, as rebuilt or substantially upgraded, to the extent such maps have not been previously provided to the city.
B. Interconnection:
1. The cable system shall be designed to be interconnected with other cable systems operated by grantee.
2. The city may request grantee to negotiate interconnecting the institutional network or cable system, or both, with other adjacent systems in the general area. Grantee shall use its best efforts to negotiate such interconnection and shall keep the city informed of the progress of any negotiations.
C. Provision Of Service:
1. After service has been established by activating trunk and distribution cable for any area, subject to minimum density requirements set forth in subsection 3-7-9D of this chapter, grantee shall provide service to any requesting subscriber within that area seven (7) days from the date the subscriber's request is received by grantee's customer service representative.
2. Grantee shall install and provide its most complete cable service which shall, at a minimum, include basic service and expanded service (excluding, but not necessarily limited to, premium, pay-per-view and DMX-digital radio service) to all public buildings designated by the city at no charge for the initial installation nor for monthly service provided at each location. Each of these installations shall include a signal drop, one outlet and one converter (or such other terminal equipment as may be necessary to provide an electronic interface with a television receiver). The public buildings to be provided this service, subject to the terms and conditions of this franchise, shall include, but not be limited to, the following:
a. Each city public school building;
b. Each city fire station;
c. Two (2) locations in the city hall complex, to be designated by the cable commission;
d. All public library locations within the city limits;
e. The police department;
f. AEA 7;
g. All existing parochial schools; and
h. Any additional or relocated public agency, so long as such buildings are within six hundred feet (600') from the existing cable system and grantee receives advanced written notice at the same time as other utilities to enable grantee to minimize costs associated with such installation. If a public agency fails to provide grantee notice substantially the same as that provided by other utilities, service will be provided at grantee's cost for time and materials only.
i. Hawkeye Community College.
D. Technical Standards: The cable system shall be designed, constructed and operated so as to meet those technical standards promulgated by the federal communications commission relating to cable systems contained in part 76 of the federal communications commission's rules and regulations relating to cable systems and found in Code of Federal Regulations, title 47, sections 76.601 to 76.617, as amended, or as may, from time to time, be amended. Grantee shall provide the city with a list of the tests required by the Federal Communications Commission. The city may reasonably request in writing copies of any test results and/or other reports submitted by grantee to the FCC. Grantee shall provide a copy of such test results when requested in writing by the city within fourteen (14) days of receipt of such written request. Grantee shall provide the above-referenced list within sixty (60) days of adoption of this franchise and shall update the list as necessary throughout the term of the franchise.
E. Special Testing:
1. At any time after commencement of service to subscribers, the city may require or may retain an independent engineer to perform additional tests, full or partial repeat tests, different test procedures, or tests involving a specific subscriber's drop. Grantee shall have reasonable notice of any such tests and shall have an opportunity to have a designated employee present. Such additional tests will be made on the basis of complaints received or other evidence indicating an unresolved controversy or significant noncompliance, and such tests will be limited to the particular matter in controversy.
2. The city shall endeavor to so arrange its requests for such special tests so as to minimize hardship or inconvenience to grantee or to the subscriber.
3. If such special testing establishes that the cable system substantially meets all required technical standards, the city shall bear the expense for such special testing.
4. If such special testing establishes that the cable system does not substantially meet all required technical standards, grantee shall bear the expense for such special testing and shall immediately undertake all necessary steps to correct the problem.
F. Signal Quality: The cable system shall distribute a video signal on all activated channels in a subscriber's home, in black and white or color, depending upon whether color is being cablecast, that is reasonably undistorted and free from internally generated ghost images, graininess or snow, vertical, horizontal or diagonal interference lines and without degradation of color fidelity. The cable system shall distribute audio that is reasonably undistorted from its reception quality and of consistent loudness level on a television receiver of average quality.
G. Monthly Testing: Grantee shall conduct monthly technical performance tests as required by the FCC and shall provide to the city copies of the test results within fourteen (14) days of a written request from the city.
H. Monthly Operational Status Reports: Upon request, grantee shall provide monthly reports to the city of the following statistical information: 1) number of repair service requests; 2) breakdown by type of complaints received; 3) breakdown by cause of problems experienced on the cable system; 4) breakdown by type of response or resolution of complaints received or problems experienced with the cable system. Notwithstanding anything to the contrary set forth herein, grantee may reasonably designate information released to the city as proprietary or confidential in nature. To the extent legally permissible, the city agrees to treat any information disclosed by grantee to it as confidential and only to disclose it to employees, representatives, and agents thereof that have a need to know, or in order to enforce the provisions of this chapter. (Ord. 4154, 2-19-1996)
A. Programming: Grantee shall, at a minimum, provide these categories of programming:
Children's and educational
Religious
Sports
News
Weather
B. Audio Service: Grantee shall offer an audio service as an optional service on the cable system.
C. Programming Decisions: All programming decisions shall be at grantee's discretion subject to applicable provisions of local, state and federal law. Programming should reflect the diversity of interests and backgrounds present in the city, including, but not limited to, race, color, gender, age, religion, civil status, political conviction, language, disability status, ethnic or national origin, ancestry, education, social or economic status.
D. Emergency Alert Cable System (EAS): To the extent not directly prohibited by local, state and federal laws and regulations, grantee shall install and thereafter maintain an emergency alert cable system (EAS). This cable system shall be remotely activated by telephone and shall allow a Black Hawk County emergency management representative to override the audio on all channels of the cable system in the event of a civil emergency or for reasonable tests.
E. Institutional Network:
1. Grantee shall construct, activate, and thereafter maintain an institutional network.
2. The institutional network shall be designed and constructed so as to pass the locations served as of January 1, 1993.
3. Grantee shall provide one free drop and one interior outlet from the institutional network to each institution at a location selected by that institution. The institutional network shall be extended to pass other institutions not listed in subsection E2 of this section at the expense (for materials and labor only) of the requesting party.
4. The institutional network shall be fully activated for two-way transmission throughout its entirety, permitting carriage of the equivalent of at least thirty six (36) standard six (6) MHz channels downstream, and six (6) standard six (6) MHz channels upstream.
5. Grantee shall be under no obligation to purchase any additional headend equipment other than that which is in existence on July 1, 1993, and which is specified in subsections E4 and E9 of this section; provided, however, nothing contained herein shall prevent or restrict: a) grantee from providing equipment to various users; or b) a user from purchasing, after consultation with grantee, additional headend equipment. Grantee shall thereafter maintain any equipment so purchased by a user, and grantee may charge the user for grantee's actual cost of maintenance.
6. Unless otherwise provided by grantee, the user of any channel(s) on the institutional network shall be responsible for purchasing and maintaining any additional equipment necessary at the user's site. Grantee shall consult and cooperate with the user in order that compatible equipment will be purchased.
7. The city and grantee shall develop jointly a policy regarding the allocation of channels on the institutional network including the terms and conditions for the use of any channels.
8. There shall be no channel time use charges, maintenance charges, repair service charges, AC power charges, or other such ongoing charges levied by grantee for any public service use of the institutional network.
9. Notwithstanding anything to the contrary contained within this franchise, grantee shall continue to provide, maintain, repair and/or replace all existing signal processors to the headend of the institutional network serving the city's schools, to facilitate various educational projects.
F. Access Channels:
1. Grantee shall supply to the city, without charge, a minimum of one activated channel on the cable system as a governmental channel and shall supply, without charge, a minimum of one activated channel on the cable system as a public channel, and shall supply, without charge, a minimum of one activated channel on the cable system as an educational channel for the city's public schools, the University of Northern Iowa, and the area education agency. Upon completion of the system upgrade and in addition to the above-referenced requirements, grantee shall supply, without charge, an additional two (2) activated channels on the cable system as educational channels for the city's schools, Hawkeye Community College the area education agency and other appropriate educational institutions. The access channels shall not be placed on any cable channel that may experience direct pickup interference from over-the-air broadcast stations.
2. Grantee shall have the right to utilize the two (2) additional educational access channels referenced above until such time as the city indicates a need for such additional channel capacity. The city shall provide grantee ninety (90) days' advanced written notice that an additional educational access channel shall be required for use by the city.
3. The grantee may also use the specially designed channels, referenced in subsection F1 of this section, during those hours when the channels are not in use by the general public, local educational authorities or local government. Preference regarding use of the specially designated channels, referenced in subsection F1 of this section, shall always be given to public, educational and governmental users.
4. No charges may be made for channel time or playback of prerecorded programming on the specially designated channels referenced in subsection F1 of this section.
5. Whenever the specially designated access channels required in this subsection are in use an average of eight (8) hours per day, seven (7) days per week, for eight (8) weeks running with programming which is produced in the state, and there is demand for use of additional channels for the same purpose, grantee shall have three (3) months in which to provide a new specially designated access channel for the same purpose; provided, however, that the cable system has been upgraded to a capacity of seventy seven (77) channels and that said access channel does not interfere with existing use of the channel capacity on the cable system. In no event shall grantee be required to provide more than six (6) access channels.
6. Grantee may establish rules pertaining to the administration of the specially designated access channels required in this subsection which shall be reviewed and approved by the city. (Ord. 4154, 2-19-1996)
G. Access Equipment And Facilities: After: 1) the approval of the franchising authority to the inclusion of the capital contribution on subscriber's bills, including any required approval pursuant to 47 CFR section 76.933; 2) notice to grantee's subscribers of the inclusion; and 3) the commencement of collection of the capital contribution by grantee from its subscribers, grantee shall provide ongoing capital support for public, educational and governmental access equipment, facilities and operations in the amount of thirty five cents ($0.35) per subscriber per month for the entire term of this franchise payable in the same manner as franchise fee payments pursuant to subsection 3-7-10A of this chapter. Payments of this ongoing capital support shall not be deemed to be "franchise fees" within the meaning of section 622 of the cable act (47 USC section 542), and such payment shall not be deemed to be: 1) "payments in kind" or any involuntary payments chargeable against the compensation to be paid to the city by grantee pursuant to section 3-7-10 of this chapter; or 2) part of the compensation to be paid to the city by grantee pursuant to section 3-7-10 of this chapter. (Ord. 4525, 11-13-2001)
A. Construction Timetable:
1. Grantee shall give notice to the city sixty (60) days prior to the anticipated completion date of any cable system upgrade and again at such time as grantee has, in fact, completed all construction.
2. Upon receipt of notice that all construction has been completed, the city shall have sixty (60) days to obtain a written report from an independent engineer paid by the city confirming the completion of construction; provided, however, that if the city fails to obtain such a written report within said sixty (60) days, the construction shall be deemed completed, unless the failure to obtain such a report is due to unforeseen events, acts of God or events beyond the reasonable control of the city.
3. Notwithstanding anything contained herein to the contrary, the city may condition completion of construction upon receipt of a written report from an independent engineer, which report confirms the following:
a. That all construction has been completed or otherwise satisfactorily resolved;
b. Satisfactory test results using the technical standards set forth in subsection 3-7-5E of this chapter at up to ten (10) widely separated subscriber drops selected by the independent engineer and using the following tests:
Bandpass response of cable system
Carrier to noise
Hum
Signal level
c. Compliance with all applicable codes and standards.
d. Installation and the proper working of the emergency alert cable system required at subsection 3-7-6D of this chapter.
B. Construction Delay: Grantee shall notify the city of any delay in the construction. The city shall excuse only upon occurrence of unforeseen events beyond grantee's reasonable control or acts of God.
C. Construction Standards:
1. 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 state and local codes where applicable.
2. All installation of electronic equipment shall be of a permanent nature, durable and installed in accordance with the provisions of the National Electrical and Safety Code and National Electrical Code.
3. Antennas and their supporting structures (tower) shall be painted, lighted, erected and maintained in accordance with all applicable rules and regulations of the federal aviation administration and all other applicable state or local laws, codes and regulations.
4. All of grantee's plant and equipment, including, but not limited to, the antenna site, headend and distribution cable system, towers, house connections, structures, poles, wire, coaxial cable, fixtures and appurtenances shall be installed, located, erected, constructed, reconstructed, replaced, removed, repaired, maintained and operated in accordance with good engineering practices, performed by experienced maintenance and construction personnel so as not to endanger or interfere with improvements the city may deem appropriate 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.
5. 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.
D. Construction Codes And Permits:
1. Grantee shall obtain all required permits from the city before commencing any work requiring a permit, including the opening or disturbance of any street, or public property or public easement within the city, such permits not to be unreasonably withheld. Grantee shall strictly adhere to all building and zoning codes currently or hereafter applicable to construction, operation or maintenance of the cable system in the city.
2. The city shall have the right, at its cost, to inspect all construction or installation work performed pursuant to the provisions of this franchise and to make such tests as it shall find necessary to ensure compliance with the terms of the franchise and applicable provisions of local, state and federal law. Such inspections shall not interfere with said construction or installation work.
3. Nothing contained in this franchise shall be construed to give grantee the authority to enter upon or work on private property in areas not encumbered with public easements without the permission of the property owner.
E. Repair Of Streets And Property: Any and all streets or public property or private property, which are disturbed or damaged during the construction, repair, replacement, relocation, operation, maintenance or reconstruction of the cable system shall be promptly repaired by grantee, at its expense, to a condition substantially the same as that prevailing prior to grantee's construction.
F. Use Of Existing Poles: Grantee shall not erect, for any reason, any pole on or along any street in an existing aerial utility cable system without the advance written approval of the city, such approval not to be unreasonably withheld. Grantee shall exercise its best efforts to negotiate the lease of pole space and facilities from the existing pole owners for all aerial construction.
G. Undergrounding Of Cable:
1. Cable shall be installed underground at grantee's expense where both the existing telephone and electrical utilities are already underground unless pole lines exist, are not scheduled to be removed and such pole lines are being utilized. Grantee shall endeavor to place cable underground in newly platted areas in concert with both the telephone and electrical utilities.
2. In the event that telephone or electric utilities are reimbursed by the city or any agency thereof for the placement of cable underground or the movement of cable, grantee shall be reimbursed upon the same terms and conditions as the telephone or electric utilities.
3. In the event an underground installation is required and the ground is frozen, saturated or otherwise unable to immediately facilitate underground installation, such installation shall be performed on a temporary basis in compliance with all state and federal rules, regulations, codes, or other generally applicable standards. As soon as conditions change to permit proper underground installation of cable, grantee shall immediately undertake all necessary steps to install the cable underground pursuant to the terms and conditions of this franchise and in no event shall completion of all undergrounding of cable occur later than August 1. Grantee shall be excused upon occurrences of unforeseen events beyond grantee's reasonable control or for acts of God.
H. Reservation Of Street Rights:
1. Nothing in this franchise shall be construed to prevent the city from constructing, maintaining, repairing or relocating sewers; grading, paving, maintaining, repairing, relocating and/or altering any street; constructing, laying down, repairing, maintaining or relocating any water mains; or constructing, maintaining, relocating or repairing any sidewalk or other public work.
2. All such work shall be done, insofar as practicable in such a manner as not to obstruct, injure or prevent the free use and operation of the poles, wires, conduits, conductors, pipes or appurtenances of grantee.
3. If any such property of grantee shall interfere with the construction or relocation, maintenance or repair of any street or public improvement, whether it be construction, repair, maintenance, removal or relocation of a sewer, public sidewalk or water main, street or any other public improvement, thirty (30) days' notice shall be given to grantee by the city and all such poles, wires, conduits or other appliances and facilities shall be removed or replaced by grantee in such manner so that the same shall not interfere with the said public work of the city and such removal or replacement shall be at the expense of grantee.
4. Nothing contained in this franchise shall relieve any person from liability arising out of the failure to exercise reasonable care to avoid injuring grantee's facilities while performing any work connected with grading, regrading or changing the line of any street or public place or with the construction or reconstruction of any sewer or water cable system.
I. Trimming Of Trees: Grantee shall, subject to applicable local laws and regulations, have the authority to trim trees upon and hanging over streets, alleys, sidewalks and public places of the city so as to prevent the branches of such trees from coming in contact with the wires and cables of grantee; provided, however, all trimming shall be done under the supervision of the city, if requested by the city.
J. Street Vacation Or Abandonment: In the event any street or portion thereof used by grantee shall be vacated by the city or the use thereof discontinued by grantee during the term of this franchise, grantee shall, at grantee's expense, subject to applicable laws, forthwith remove its facilities therefrom unless specifically permitted by the city to continue the same, and upon the removal thereof restore, repair or reconstruct the street area where such removal has occurred, and replace the street area where such removal has occurred to a condition similar to that existing before such removal took place, but the grantee shall in all cases have the right of abandonment of its property. In the event of failure, neglect or refusal of grantee, after thirty (30) days' notice by the city to remove the facilities or to repair, restore, reconstruct, improve or maintain such street portion, the city may do such work or cause it to be done, and the reasonable cost thereof shall be paid by grantee as directed by the city and collection may be made by any available lawful remedy. Should the city sell property to a third party, third party shall be responsible for reimbursement of costs to relocate.
K. Moving Facilities: In the event it is necessary temporarily to move or remove any of grantee's wires, cables, poles or other facilities placed pursuant to this franchise, in order to lawfully move a large object, vehicle, building or other structure over the streets of the city, upon two (2) weeks' notice by the city to grantee, grantee shall move at the expense of the person requesting the temporary removal, such payment to be made in advance, any of grantee's facilities as may be required to facilitate such movements. Any service disruption provisions of this franchise shall not apply in the event that the removal of grantee's wires, cables, poles or other facilities results in temporary service disruptions. (Ord. 4154, 2-19-1996)
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