1. Conditions of Occupancy. The cable system installed by the Grantee pursuant to the terms hereof shall be located so as to cause a minimum of interference with the proper use of public ways and with the rights and reasonable convenience of property owners who own property that adjoins any of such public ways.
2. Restoration of Public Ways. If during the course of the Grantee’s construction, operation, or maintenance of the cable system, there occurs a disturbance of any public way by the Grantee, Grantee shall replace and restore such public way to a condition reasonably comparable to the condition of the public way existing immediately prior to such disturbance.
3. Relocation for City. Upon its receipt of reasonable advance written notice, to be not less than 10 business days, the Grantee shall protect, support, raise, lower, temporarily disconnect, relocate in or remove from the public way, any property of the Grantee when lawfully required by the City by reason of traffic conditions, public safety, street abandonment, freeway and street construction, change or establishment of street grade, installation of sewers, drains, gas or water pipes, or any other type of public structures or improvements that are not used to compete with the Grantee’s services. The Grantee shall in all cases have the right of abandonment of its property.
4. Relocation for Third Party. The Grantee shall, on the request of any person holding a lawful permit issued by the City, protect, support, raise, lower, temporarily disconnect, relocate in or remove from the public way as necessary any property of the Grantee; provided: (i) the expense of such is paid by said person benefiting from the relocation, including, if required by the Grantee, making such payment in advance; and (ii) the Grantee is given reasonable advance written notice to prepare for such changes. For purposes of this subsection, “reasonable advance written notice” shall be no less than 30 business days in the event of a temporary relocation, and no less than 120 days for a permanent relocation.
5. Trimming of Trees and Shrubbery. The Grantee shall have the authority to trim trees or other natural growth in order to access and maintain the cable system.
6. Safety Requirements. Construction, operation, and maintenance of the cable system shall be performed in an orderly and workmanlike manner. All such work shall be performed in substantial accordance with generally applicable federal, State, and local regulations and the National Electric Safety Code.
7. Underground Construction. In those areas of the service area where all of the transmission or distribution facilities of the respective public utilities providing telephone communications and electric services are underground, the Grantee likewise shall construct, operate, and maintain its cable system underground. Nothing contained in this subsection shall require the Grantee to construct, operate, and maintain underground any ground mounted appurtenances.
8. Access to Open Trenches. The City agrees to include the Grantee in the platting process for any new subdivision. At a minimum, the City agrees to require as a condition of issuing a permit for open trenching to any utility or developer that: (i) the utility or developer give the Grantee at least 10 days’ advance written notice of the availability of the open trench; and (ii) the utility or developer provide the Grantee with reasonable access to the open trench. Notwithstanding the foregoing, the Grantee shall not be required to utilize any open trench.
9. Required Extensions of Cable System. Grantee agrees to provide cable service to all residences in the service area subject to the density requirements specified in this subsection. Whenever the Grantee receives a request for cable service from a potential subscriber in an unserved area contiguous to Grantee’s existing distribution facilities where there are at least 10 residences within 1,320 cable bearing strand feet one-fourth cable mile) from the portion of the Grantee’s trunk or distribution cable that is to be extended, it shall extend its cable system to such subscribers at no cost to said subscribers for the cable system extension, other than the published standard/nonstandard installation fees charged to all subscribers. Notwithstanding the foregoing, the Grantee shall have the right, but not the obligation, to extend the cable system into any portion of the service area where another operator is providing cable service, into any annexed area that is not contiguous to the present service area of the Grantee, or into any area that is financially or technically infeasible due to extraordinary circumstances, such as a runway or freeway crossing.
10. Subscriber Charges For Extensions of Cable System. No subscriber shall be refused service arbitrarily. However, if an area does not meet the density requirements of subsection 9 of this section, the Grantee shall only be required to extend the cable system to subscribers in that area if the subscribers are willing to share the capital costs of extending the cable system. Specifically, the Grantee shall contribute a capital amount equal to the construction cost per mile, multiplied by a fraction whose numerator equals the actual number of residences per 1,320 cable bearing strand feet from the Grantee’s trunk or distribution cable, and whose denominator equals 10. Subscribers who request service hereunder shall bear the remaining cost to extend the cable system on a pro rata basis. The Grantee may require that payment of the capital contribution in aid of construction borne by such potential subscribers be paid in advance. Subscribers shall also be responsible for any standard/nonstandard installation charges to extend the cable system from the tap to the residence.
11. Cable Service to Public Buildings. The Grantee, upon request, shall provide without charge, a standard installation and one outlet of basic cable to those administrative buildings owned and occupied by the City, fire stations, police stations, and K-12 public schools that are passed by its cable system. The cable service provided shall not be distributed beyond the originally installed outlet without authorization from the Grantee. The cable service provided shall not be used for commercial purposes, and such outlets shall not be located in areas open to the public. The City shall take reasonable precautions to prevent any inappropriate use of the Grantee’s cable system or any loss or damage to Grantee’s cable system. The City shall hold the Grantee harmless from any and all liability or claims arising out of the provision and use of cable service required by this subsection. The Grantee shall not be required to provide an outlet to such buildings where a nonstandard installation is required, unless the City or building owner/occupant agrees to pay the incremental cost of any necessary cable system extension and/or nonstandard installation. If additional outlets of basic cable are provided to such buildings, the building owner/occupant shall pay the usual installation and service fees associated therewith.
12. Emergency Use. If the Grantee provides an emergency alert system (EAS), such EAS shall be operated in accordance with FCC regulations. The City shall permit only appropriately trained and authorized persons to operate the EAS equipment and shall take reasonable precautions to prevent any use of the Grantee’s cable system in any manner that results in inappropriate use thereof, or any loss or damage to the cable system. Except to the extent expressly prohibited by law, the City shall hold the Grantee, its employees, officers and assigns harmless from any claims arising out of use of the EAS, including, but not limited to, reasonable attorney fees and costs.
13. Reimbursement of Costs. If funds are available to any person using the public way for the purpose of defraying the cost of any of the foregoing, the City shall reimburse the Grantee in the same manner in which other persons affected by the requirement are reimbursed. If the funds are controlled by another governmental entity, the City shall make application for such funds on behalf of the Grantee.
14. Public Education and Government Access.
A. Grantee shall provide the City with one access channel on the cable system designated for public education or government access purposes.
B. The access channel is made available to the City by the Grantee for the purpose of cable-casting noncommercial programming by City residents, City administration and educational institutions. The City agrees not to use the access channels to provide commercial or revenue generating services or services that may compete, directly or indirectly, with services provided by the Grantee; provided, however, the City may cablecast acknowledgments of funding sources and the underwriting of programming costs.
C. The Grantee will provide the City with equipment selected by the City from AVI Systems in the amount of $59,350.00 as necessary to originate cablecast programming from the Waukee City Hall. The City shall retain ownership and shall be responsible for maintenance of all equipment purchased by Grantee pursuant to this subsection. The equipment purchase amount shall be considered a prepayment of franchise fees as referenced in Subsection 112.07(1) of this chapter. The Grantee shall collect and retain franchise fees from subscribers until the $59,350.00 payment has been recouped. The Grantee shall provide the City with a statement of franchise fees collected to recoup the amount of prepayment annually as required in Subsection 112.07(1) of this chapter. The Grantee shall pay all franchise fees to the City following reimbursement for the PEG access equipment for the remaining term of the agreement.