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(a) All wires, cable lines, other transmission lines, amplifiers, pedestals, equipment and structures shall be installed and located to cause minimum interference with the rights and convenience of property owners. The city may issue such rules and regulations concerning the installation and maintenance of a cable system installed in, on or over the streets, as may be consistent with this chapter and the franchise agreement.
(b) All safety practices required by law shall be used during construction, maintenance and repair of a cable system. A franchisee shall not place facilities, equipment or fixtures where they are likely to interfere with any gas, electric, telephone, water, sewer or other utility facilities, or intentionally or negligently obstruct or hinder the various utilities serving the residents of the city or any street or other public right of way.
(c) A franchisee shall at all times maintain and keep in a good state of repair, to the satisfaction of the city, all of its cable system equipment, property and facilities.
(d) A franchisee shall use existing poles or similar facilities whenever possible. A franchisee shall not construct or install any new, different or additional poles or similar facilities on public or private property without first securing the written approval of the City Manager. The City Manager shall approve such a request if the franchisee demonstrates that any construction or installation shall be performed in accordance with applicable zoning and safety requirements, including the provisions of this chapter and any applicable franchise agreement.
(e) All installations shall be underground in those areas in which public utilities providing both telephone and electric service are underground at the time of installation. In areas in which either telephone or electric utility facilities are above ground at the time of installation, a franchisee may install service above ground, provided that at such time as those facilities are required by the city to be placed underground and are placed underground, the franchisee shall likewise place its services underground.
(f) Subject to all applicable law (including that relating to the taking of private property by a government entity), 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 other similar facilities erected, controlled or maintained exclusively by or for a franchisee in any street, provided that such use by the city does not interfere with the use of such facilities by a franchisee.
(g) A franchisee, at its expense, shall, within ten days of written notice, protect, support, temporarily disconnect, relocate or remove any property of the franchisee when, in the opinion of the City Engineer, the same is 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, transportation facilities, tracks or any other type of structure or improvement by governmental agencies, whether acting in a governmental or a proprietary capacity, or any other structure or public improvement, including, but not limited to, movement of buildings, urban renewal and redevelopment, and any general program under which the city shall undertake to cause all such properties to be located beneath the surface of the ground. A franchisee shall in all cases have the privilege, subject to corresponding obligations, to abandon any property of the franchisee in place, as herein provided. Nothing under this section shall be deemed a taking of the property of the franchisee, and the franchisee shall be entitled to no surcharge by reason of anything in this section.
(h) Upon the failure, refusal or neglect of the franchisee to cause any work or other act required by law or under this chapter to be properly completed in, over or under any street within any time prescribed therefor, or upon notice given, where no time is prescribed, the City Manager may cause work or another act to be completed in whole or in part, and upon so doing shall submit to the franchisee an itemized statement of the costs thereof, including all additional incidental costs incurred as a result of the franchisee’s failure to undertake work within the period specified. The franchisee shall, within 30 days after receipt of such statement, pay to the city the entire amount thereof.
(i) A franchisee shall obtain any required permits before causing any disturbance or damage to private property or the streets as a result of its construction or operations. Upon completion of any work, a franchisee shall restore such property to its former condition in a manner approved by the city. If such restoration is not performed in a reasonable and satisfactory manner within seven days, the city, or the private property owner, may, after prior written notice to the franchisee, cause the repairs to be made at the expense of the franchisee.
(j) (1) The franchisee shall, at the option of the city, and at the expense of the franchisee and at no expense to the city, and upon demand of the city, promptly remove from any street or other area all aerial plant installed by the franchisee, in the event that:
A. The use of any part of the system of the franchisee is discontinued for any reason for a continuous period of 30 days, without prior written notice to and approval by the city;
B. Any part of such system has been installed in any street or other area without complying with the material requirements hereof; or
C. Any franchise shall be terminated, revoked or canceled.
(2) The franchisee shall promptly restore the street or other area from which such property has been removed to its former condition or such condition as the City Manager shall approve. If the city does not require the removal of a franchisee’s property within a reasonable time after the termination, revocation, cancellation or expiration of the franchise, the franchisee shall be permitted to abandon the property.
(k) The Council may, upon written application therefor by a franchisee, approve the abandonment of any such property in place by the franchisee and under such terms and conditions as the Council may prescribe, or may negotiate for the purchase of the system in place for its fair market value and contingent on such other terms as the parties may agree. Upon abandonment of any such property in place, the franchisee shall cause to be executed, acknowledged and delivered to the city such instruments as the Law Director shall prescribe and approve, transferring and conveying the ownership of such property to the city.
(Ord. 97-2, passed 1-9-1997)