[R.O. 2011 § 670.440; R.O. 2009
§ 111.070; Ord. No. 01-125, 6-20-2001]
Prior to commencing any construction
in the City, a grantee must obtain all necessary permits and licenses
required by Federal, State and City laws, ordinances and rules and
pay all associated fees. Further, a grantee shall comply with all
applicable laws, ordinances, rules and standards relating to the construction,
operation and maintenance of a cable television system.
[R.O. 2011 § 670.450; R.O. 2009
§ 111.071; Ord. No. 01-125, 6-20-2001]
At a minimum and without limitation,
a grantee shall adhere to all Building, Electrical and Zoning Codes
currently or hereafter in force in the City. The construction, installation
and maintenance of the cable system shall be effectuated by grantee
in a manner that is consistent with the laws, ordinances and construction
standards of the State of Missouri, the Occupational Safety and Health
Administration, the National Electrical Safety Code, National Electrical
Code, FCC and the Standards of Good Engineering Practices for Measurement
of Cable Television Cable Systems of the National Cable Television
Association to the extent applicable, as well as all other applicable
laws, rules, regulations and ordinances that may be modified or amended
from time to time. All open connections on splitters, couplers and
other devices shall be properly terminated.
[R.O. 2011 § 670.460; R.O. 2009
§ 111.072; Ord. No. 01-125, 6-20-2001]
All of a grantee's construction,
installation, operation, repair and maintenance and the arrangement
of its lines, cables and other appurtenances, on both public and private
property, shall be conducted in such a manner as to cause minimum
interference with the rights and reasonable convenience of the public
and any property owners that may be affected. In the event of any
such interference, the City may require the removal of grantee's lines,
cables and appurtenances from the rights-of-way in question, at the
sole expense of the grantee.
[R.O. 2011 § 670.470; R.O. 2009
§ 111.073; Ord. No. 01-125, 6-20-2001]
Each grantee shall promptly repair
and restore any City or private property which may be damaged as a
result of the construction, installation, operation, repair or maintenance
of the cable system. Any such property damaged or destroyed shall
be promptly repaired and restored by the responsible grantee, at the
grantee's sole cost and expense and to the reasonable satisfaction
of the City, to its condition prior to being damaged or shall be replaced
by grantee with equivalent property.
[R.O. 2011 § 670.480; R.O. 2009
§ 111.074; Ord. No. 01-125, 6-20-2001]
Each grantee shall endeavor to use
existing utility poles along the rights-of-way to the extent possible
and shall not erect any pole on or along any rights-of-way when there
is an existing aerial utility system without the City's prior approval.
A grantee may obtain the lease of pole space and facilities from the
existing utility pole owners. If additional poles in an existing aerial
route are required, a grantee may negotiate with the utility for the
installation of the needed poles to be installed by the grantee or
the utility. Any such addition shall require the advance written approval
of the City.
[R.O. 2011 § 670.490; R.O. 2009
§ 111.075; Ord. No. 01-125, 6-20-2001]
Nothing in this Chapter shall be
construed to prevent the City from constructing sewers, grading, paving,
repairing or altering any rights-of-way or laying down, repairing
or removing water mains or constructing or establishing any other
public work. All such work shall be done, insofar as practicable,
in such manner as not to obstruct, injure or prevent the free use
and operation of poles, wires, conduits, conductors, pipes or appurtenances
of the affected grantee(s). If any such property shall interfere with
the construction or repair of any rights-of-way or public improvement,
whether it be construction, repair or removal of a sewer or water
main, the improvement of any rights-of-way or any other public improvement,
then all such property of the affected grantee(s) shall be removed
or replaced in such manner as shall be directed by the City so that
the same shall not interfere with the public works of such City. Such
removal or replacement shall be at the expense of the affected grantee(s),
except to the extent funds are made available under applicable law.
[R.O. 2011 § 670.500; R.O. 2009
§ 111.076; Ord. No. 01-125, 6-20-2001]
In those areas within the City where
cable system facilities are currently placed underground, all cable
system facilities shall remain or be placed underground. In areas
where either telephone or electric utility facilities are above ground
at the time of installation, a grantee may install its cable system
facilities above ground, provided that at such time as either electric
or telephone utility facilities are placed underground, the grantee
shall likewise place its cable system facilities without cost to the
City. Nothing contained in this Section shall require a grantee to
construct, operate and maintain underground any ground-mounted appurtenances.
Each grantee shall be in compliance with the Missouri One-Call Program
or may make separate provision for a program ensuring the timely and
accurate location of underground facilities.
[R.O. 2011 § 670.510; R.O. 2009
§ 111.077; Ord. No. 01-125, 6-20-2001]
All new trunk and distribution plant which is required to be buried underground pursuant to Section 670.500 of this Chapter that is required to cross under major intersections, as identified by the Director of Public Works or his/her designee, shall be encased in conduit.
[R.O. 2011 § 670.520; R.O. 2009
§ 111.078; Ord. No. 01-125, 6-20-2001]
The grantor agrees to require as
a condition of issuing a permit for open trenching to any utility
or developer that the utility or developer give each grantee at least
ten (10) days' advance written notice of the availability of the open
trench and that the utility or developer provide the grantee with
reasonable access to the open trench.
[R.O. 2011 § 670.530; R.O. 2009
§ 111.079; Ord. No. 01-125, 6-20-2001]
For subscribers requesting connection
requiring a drop in excess of one hundred fifty (150) feet, unless
the franchise agreement specifies otherwise, a grantee shall extend
cable service at a rate not to exceed the grantee's actual direct
incremental cost of installation from its main distribution system.
[R.O. 2011 § 670.540; R.O. 2009
§ 111.080; Ord. No. 01-125, 6-20-2001]
Grantees shall have the right to
remove, trim, cut and to keep clear of its poles, cables, underground
conduits and related equipment the trees in and along the public streets,
but, in the exercise of such right, grantees shall not cut such trees
to any greater extent than is reasonably necessary for the construction,
erection, installation, maintenance and use of cable system equipment.
Grantees shall not remove, trim or cut such trees from any public
streets without first providing reasonable notice to the City of its
intention to do so, such notice to be delivered not less than fifteen
(15) days in advance. The grantee shall compensate the City or any
private owners of such trees for any damage caused by such trimming.
[R.O. 2011 § 670.550; R.O. 2009
§ 111.081; Ord. No. 01-125, 6-20-2001]
Each grantee shall be required, at
its expense, to protect, support, temporarily disconnect, relocate
in or remove from public streets, lands or places any property of
the affected grantee(s) whenever required by City upon reasonable
written notice by reason of traffic conditions, public safety, street
construction or any other public purpose. If public funds are available
to any person using such street, easement or right-of-way for the
purpose of defraying the cost of any of the foregoing, upon request
the grantor shall assist the affected grantee(s) in making application
for such funds.
[R.O. 2011 § 670.560; R.O. 2009
§ 111.082; Ord. No. 01-125, 6-20-2001]
Each grantee, on the request of the
City or any person holding a building permit issued by the City or
any permit issued by an appropriate State agency, shall temporarily
move its wires, cables, poles or other cable system facilities to
permit the moving of large objects, vehicles, buildings or other structures.
The expense of such temporary moves shall be paid to the affected
grantee(s) by the person requesting the same and the affected grantee(s)
shall have the authority to require such payment in advance. Every
grantee shall be given not less than thirty (30) days' advance notice
to arrange for such temporary moves, unless emergency conditions warrant
otherwise.
[R.O. 2011 § 670.570; R.O. 2009
§ 111.083; Ord. No. 01-125, 6-20-2001]
A.
Each grantee shall make available to the
City the names and addresses of any person, other than the grantee,
which performs services pursuant to this Chapter; provided however,
that all provisions of this Chapter remain the responsibility of a
grantee.
B.
All provisions of this Chapter shall apply
to any subcontractors or others performing any work or services pursuant
to the provisions of this Chapter on behalf of a grantee.
[R.O. 2011 § 670.580; R.O. 2009
§ 111.084; Ord. No. 01-125, 6-20-2001]
Nothing contained in this Chapter
shall relieve any person from liability arising out of the failure
to exercise reasonable care to avoid injuring a grantee's facilities
while performing any work connected with grading, regrading or changing
the line of any rights-of-way or with the construction or reconstruction
of any sewer or water system or utility system.
