§ 402. System construction procedures.

402.(a). Subject to the conditions set forth in Section 104 the Cable System shall be constructed, operated and maintained in accordance with all applicable codes of the City governing the use of the Streets and other Public property. Without limiting the Company's obligations thereunder, the Company agrees that, at a minimum, it will follow the system construction procedures established by this franchise, including by way of example and not limitation, the requirements of this Article IV. No requirement in this franchise shall be read to limit or condition any of the obligations of Company under applicable law or Chapter 430. It is the duty of the Company to construct, operate and maintain its Cable System, and to move and relocate its facilities, so that the City is not required to bear any costs or delays as a result of the Cable System's occupation of the Streets or other Public property, so that the public is not discommoded, and so that the use of the Streets or other Public property by the City and by others is not impeded. It is the duty of Company to repair any damage caused to the Streets or Public property promptly to specifications of the City or other responsible authority and to compensate the property owner for any loss as a result of its construction of the Cable System. It is likewise the duty of Company to repair promptly any damage caused to private property and to compensate the private property owner for any loss as a result of its construction of the Cable System. Unless expressly provided otherwise, costs associated with complying with this section and with applicable law shall be borne by the Company, and with no cost to the City. If there is a conflict between the procedures applicable under other provisions of the legislative code and the requirements of this franchise with respect to the Company's use of the Streets or other Public property, the provision that the City determines best protects it shall control.

402.(b). The Company shall not assert the fact that the City has performed any prior review of its plans or exercised any ministerial function in granting permits, franchises, certificates, authorizations, approvals, etc., as a defense against its obligations to indemnify and hold the City harmless pursuant to Article I, Section 118. The Company shall furnish all plans, drawings and technical data in sufficient detail so as to enable each City department to fulfill its obligations under this franchise and other applicable laws and regulations.

402.(c). Company shall construct, install, operate and maintain its system in a manner consistent with all laws, ordinances, construction standards, governmental requirements, FCC technical standards, and state law. Within six months of the effective date of the franchise, Company shall provide the City with three copies of any existing Company construction practices manual. The Company will be obligated to comply with the manual, except insofar as complying with the manual would conflict with Company's obligations under this franchise or other applicable law, or the City otherwise disapproves of a practice. The City's failure to comment upon the manual or any particular practice is not an approval of the manual or a particular practice. Without limiting the foregoing, or Company's obligations under any other provision of this Franchise or applicable law, Company must have a program for inspecting drops on an ongoing basis as part of ordinary service calls for compliance with then-applicable safety codes.

402.(d). Construction, operation and maintenance of the Cable System in City shall be performed in an orderly and workmanlike manner. All cables and wires shall be installed, where possible, parallel with electric lines. Multiple-cable configurations shall be arranged in parallel, and bundled with due respect for engineering considerations.

402.(e). Company shall at all times comply with the relevant edition of:

402.(e).(1). National Electrical Safety Code as prepared by the Institute of Electrical and Electronics Engineers;

402.(e).(2). National Electrical Code of the National Fire Protection Association;

402.(e).(3). Bell Telephone System's Code of Pole Line Construction, also known as Bell System Manual of Construction Procedures; and

402.(e).(4). Other applicable federal, state and local law provisions.

402.(f). In any event, the System shall not endanger or interfere with the safety of persons or property in the franchise area or other areas where the Company may have equipment located.

402.(g). Any antenna structure used in the Cable System shall comply with construction, marking and lighting of antenna structures required under applicable law.

402.(h). All working facilities and conditions used during construction, operation and maintenance of the Cable System shall comply with the standards of the Occupational Safety and Health Administration.

402.(i). Company shall comply with all applicable standards for RF signal leakage.

402.(j). Upon grant of this franchise to construct and maintain a Cable System to provide Cable Service in the City, the Company may enter into contracts with any public utility companies or any other owner or lessee of any poles located within or out of the City to whatever extent such contract or contracts may be expedient and of advantage to the Company for use of poles and posts necessary for proper installation of the system, obtain right-of-way permits from appropriate state, county and federal officials necessary to cross highways or roads under their respective jurisdiction to supply main trunk lines from the Company's receiving antennas, obtain permission from Federal Aviation Administration to erect and maintain antennas suitable to the needs of the system and its Subscribers and obtain whatever other permits a city, county, state or federal agency may require. In the construction, installation and maintenance of its system, Company will use steel, cable and materials and electronic devices, all of specialized and advanced design and type. In the operation of its system, the Company will employ personnel with training, skill and experience in electronics and communications.

402.(k). The Company's system, poles, wires and appurtenances shall be located, erected and maintained so that none of its facilities shall endanger or interfere with the lives of persons, or interfere with any improvements the City may deem proper to make, or unnecessarily hinder or obstruct the free use of the Streets, alleys, bridges, easements or Public property.

402.(l). Company shall utilize existing poles, conduits and other structures whenever possible, and shall not construct or install any new, different, or additional poles, conduits, or other structures whether in the Streets, on Public property or on privately-owned property until the written approval of the City is obtained. However, no location of any pole or wire holding structure or other facility of the Company shall be a vested interest and such poles or structures or facilities shall be removed or modified by the Company at its own expense whenever the City or any Person acting on the City's behalf determines that the public or the City's convenience would be enhanced thereby.

402.(m). All transmission and distribution structures, lines and equipment and all other parts of the Cable System shall be constructed, operated and maintained so as to cause minimum interference with the proper use of Streets and other Public property, and to cause minimum interference with the rights or reasonable conveniences of property which adjoins any of the said Streets, or other Public property.

402.(n). In case of any disturbance of any Street, pavement, Sidewalk, driveway, foundation or other surfacing the Company shall, at its own cost and expense and in a manner approved by the City, replace and restore the same to as good condition as before said work was commenced and in accordance with standards for such work set by the City. If, upon reasonable written notice, the Company fails to promptly restore any Street or other Public property in accordance with this provision, the City shall have the right to put such Street or Public property back into good condition at the expense of the Company and the Company shall, upon demand, pay to the City the cost of such work done or performed by the City.

402.(o). In case of any disturbance of any other Public property not included in the scope of Section 402(n), the Company shall, at its own cost and expense and in a manner approved by the City, replace and restore all such property to as good condition as before said work was commenced and in accordance with standards for such work set by the City. If, upon reasonable written notice, the Company fails to promptly replace and restore any such property in accordance with this provision, the City shall have, in addition to such other rights as it may have under this franchise, the right to replace or restore such Public property to at least as good condition as existed prior to the damage at the expense of the Company and the Company shall, upon demand, pay to the City the cost of such work done or performed by the City.

402.(p). In case of any disturbance of any private property, the Company shall, at its own cost and expense replace and restore all such property to as good condition as before said work was commenced and in accordance with any applicable standards for such work set by the City. If, upon reasonable written notice, the Company fails to promptly replace and restore any such property in accordance with this provision, the property owner shall have, in addition to such other rights as it may have under law or equity, the right to replace or restore such private property to at least as good condition as existed prior to the damage at the expense of the Company and the Company shall, upon demand, pay to the owner the reasonable cost of such work done or performed by the owner.

402.(q). Whenever the City shall, during the period of this franchise, undertake any public improvement which affects the Cable System, it shall direct the Company to remove or relocate its wires, conduits, cables, vaults, pedestals, manholes, poles and other fixtures and property from the area affected by the improvements at the Company's expense, upon reasonable notice to the Company of the undertaking of such public improvements. Likewise, the Company at its expense shall protect, support, temporarily disconnect, relocate, or remove any property of Company when, in the opinion of the City the same is required by reason of traffic conditions, public safety, Street vacation, freeway or Street construction, change or establishment of Street grade, installation or movement of structures by governmental agencies whether acting in a governmental or a proprietary capacity, including but not limited to movement of buildings, urban renewal and redevelopment, and any program under which the City shall undertake to cause all such properties to be located beneath the surface of the ground, Street vacation, or for any other reason where the convenience of the City or the public would be served thereby. If the Company fails to move its facilities by a time specified by the responsible government authority, that authority may perform the work, and bill the Company therefor.

402.(r). Notwithstanding the foregoing, whenever, in case of fire or other emergency, it becomes necessary to remove any of the Company's facilities, the City may do so without prior notice.

402.(s). The Company shall not place poles or other fixtures where the same will interfere with any gas, electric or telephone facilities or obstruct or hinder in any manner the various utilities serving the residents of the City. All such poles or other fixtures shall be placed close to the line of the lot abutting on said Street, and then in such manner as not to interfere with the usual travel on said Streets.

402.(t). Company shall promptly move and relocate its Cable System for any private party authorized to occupy the Streets or other Public property to accommodate the construction, operation or maintenance of facilities by such party. Costs shall be borne as provided by applicable law.

402.(u). The Company shall, on the request of any Person holding a building moving permit or other permit for moving oversized objects issued by the City, temporarily raise or lower its wires to permit the moving of the buildings or objects. The reasonable expense of such temporary removal, raising or lowering of wires shall be paid by the Person requesting the same, if the system is properly installed and the Company shall have the authority to require such payment in advance. The Company shall be given not less than ten (10) working days' advance notice to arrange for such temporary wire changes. In constructing, operating and maintaining its Cable System, the Company shall respect any and all building movers corridors on truck routes established by the state, the City and any of their subdivisions or agencies.

402.(v). The Company shall not 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 right to do the trimming requested by the Company and may charge the Company for the City's direct costs for such trimming. Regardless of who performs the work requested by the Company, the Company shall be responsible, shall defend and hold City harmless for any and all damages to any tree as a result of trimming, or to the land surrounding any tree, whether such tree is trimmed or removed.

402.(w). The Company shall erect and maintain all parts of the system in good condition throughout the entire franchise period.

402.(x). All necessary easements over and under private property shall be arranged for by the Subscribers or the Company.

402.(y). The Company shall render efficient service, make repairs and adjustments promptly, and interrupt service only for good cause and for the shortest time possible. All costs incurred in making such repairs and adjustments shall be borne by the Company except as otherwise provided for in this ordinance.

402.(z). Company shall not allow its cable or other operations to interfere with broadcast reception or persons not served by Company.

(Ord 15-55, § 1, 11-12-15)