(A) Methods of operation, construction, installation, maintenance, repair, replacement, removal or restoration of any cable system or part thereof shall comply with the then most current editions of technical codes adopted by the City, the State, or the United States which are customary to the cable television industry. The codes referred to specifically include, but are not limited to the National Electrical Safety Code, the National Electric Code, and all locally adopted construction, fire, safety and zoning codes. To the extent that these are inconsistent with other provisions of a franchise, or State, or local law, then the more stringent shall govern in order to protect the public health, safety and welfare.
(B) City approval of construction plans. The cable operator shall obtain all applicable permits.
(C) Requirements to use existing poles. Where utility poles already exist for use in serving the City and are available for utilization but the cable operator does not make arrangements for such use, the City may require the cable operator to utilize such poles and structures if it determines that the public convenience would be enhanced thereby and the terms of the use available to the cable operator are just and reasonable.
(D) Use of streets and public ways. All wires, conduits, cable coaxial, fiber or functional equivalent, and other property and facilities of a cable operator shall be located, installed and maintained so as not to endanger or unnecessarily interfere with usual and customary use, traffic and travel upon the City streets, rights-of-way, easements and public ways.
(1) If a cable operator's system creates a hazardous or unsafe condition or an unreasonable interference with property, then the cable operator shall at its own expense voluntarily, or upon request of the City, remove or move, as appropriate, that part of the system that creates the hazardous condition.
(2) A cable operator shall not place equipment where it will unreasonably interfere with the rights of property owners or with other public utility services or any other service facility that benefits the City or its residents' health, safety or welfare.
(3) A cable operator shall, at its expense, protect rights-of-way, easements and support or temporarily disconnect or relocate in the same street or other public way, any property of the cable operator when necessitated by reason of: traffic conditions, public safety, street closing, street construction or resurfacing, change or establishment of a street grade, installations of other City utility services, or any improvement, construction or repair related to health, safety or welfare.
(4) A cable operator shall, at the request of any person holding a building moving permit, temporarily remove, raise or lower the cable wires to allow the moving of the building. The expense of temporary removal shall be paid by the person requesting it. The cable operator may require payment in advance. The affected cable operator shall be given not less than 15 days notice of a contemplated move to arrange for temporary wire changes.
(5) The City shall have the right to make additional use, for any municipal public purpose, of any poles or conduits owned by the cable operator in any street or right of way, provided the use by the City does not unreasonably interfere with the cable operator's use. The rent paid by the City for its attachments to the cable company's poles will be subject to the same rental payment as the cable operator is required to pay to the City for its poles, on a per pole basis. The City agrees to indemnify, defend and hold harmless the cable operator from any claims resulting from its related installation and usage.
(6) The cable operator's system shall be designed, engineered and maintained so as not to interfere with the telecommunications reception of residents of the City who are not system subscribers.
(7) In those areas of the City where transmission or distribution of both telephone and power companies are underground or are later placed underground, a cable operator's feeder and drop cables shall also be placed underground.
(Ord. 13-08, passed 6-3-13)
