[CC 1985 §6.5-91; Ord. No. 2651 §6.1, 8-13-1992]
The cable communications system shall be constructed in accordance
with the design requirements contained in the franchise agreement.
[CC 1985 §6.5-92; Ord. No. 2651 §6.2, 8-13-1992]
The grantee shall design and construct the cable communications
system in such a manner as to have the eventual capability to pass
by every single-family dwelling unit, multiple-family dwelling unit,
agency and business establishment within the area of the franchise.
Service shall be provided to subscribers in accordance with the schedules
and line extension policies specified in the franchise agreement.
[CC 1985 §6.5-93; Ord. No. 2651 §6.3, 8-13-1992]
The grantee shall provide cablecasting facilities in accordance
with the requirements of the franchise agreement.
[CC 1985 §6.5-94; Ord. No. 2651 §6.4, 8-13-1992]
In areas not meeting the requirement for mandatory extension
of service, grantee shall provide, upon the request of a potential
subscriber desiring service, an estimate of the costs required to
extend service to the subscriber.
[CC 1985 §6.5-95; Ord. No. 2651 §6.5, 8-13-1992]
A.
Requirements. The grantee shall comply with the requirements
of the system construction schedule contained in the franchise agreement.
B.
Service Not Provided, Where. Service need not be provided
where power and telephone utilities are not available.
C.
Provision Of Plans. At the termination of construction,
the grantee shall provide detailed as-built plans indicating all facilities
and cable in the franchise area. In addition, during construction
the grantee shall update, on a periodic basis and at the request of
the grantor, the grantee's construction progress indicating specifically
whether schedules are being met and the reasons for any delay. The
updates shall be in writing.
D.
Revocation. Failure to begin construction within six (6)
months after award of the franchise will be grounds for franchise
revocation, at the option of the grantor.
[CC 1985 §6.5-96; Ord. No. 2651 §6.6, 8-13-1992]
A.
The
grantor may, at its sole option, apply any of the following in connection
with delays in system construction:
1.
Reduction of franchise period. Reduction in the
duration of the franchise on a month-for-month basis for each month
of delay.
2.
Forfeiture of bonds. Forfeiture of performance bonds
for delays exceeding one (1) year.
3.
Termination. Termination of the franchise for delays
exceeding eighteen (18) months.
[CC 1985 §6.5-97; Ord. No. 2651 §6.7, 8-13-1992]
After service has been established by activating trunk cables
for any area, neighborhood or group of homes meeting the criteria
of the initial service area and the line extension policy thereof,
the grantee shall provide service to any requesting subscriber or
resident thereof within ninety (90) days from the date of request.
[CC 1985 §6.5-98; Ord. No. 2651 §6.8, 8-13-1992]
The undergrounding of cables is encouraged. In any event, cables
shall be installed underground at the grantee's cost where existing
utilities are already underground. Previously installed aerial cable
shall be placed underground in concert and on a cost-sharing basis
with other utilities when such other utilities may convert from aerial
to underground construction.
[CC 1985 §6.5-99; Ord. No. 2651 §6.9, 8-13-1992]
A.
In
cases of new construction of property development where utilities
are to be placed underground, the developer or property owner shall
give grantee reasonable notice of such construction or development
and of the particular date upon which open trenching will be available
for grantee's installation of conduit, pedestals and/or vaults and
laterals to be provided at grantee's expense. Grantee shall also provide
specifications as needed for trenching.
B.
Costs
of trenching and easements required to bring service to the development
shall be borne by the developer or property owner; except that if
grantee fails to install its conduit, pedestals and/or vaults and
laterals within five (5) working days of the date the trenches are
available, as designated in the notice given by the developer or property
owner, then should the trenches be closed after the five (5) day period,
the cost of new trenching is to be borne by the grantee. Notice provided
to grantee by the City of the preliminary plat request shall satisfy
the requirement of reasonable notice if sent to the local general
manager or system engineer of grantee prior to approval of the preliminary
plat request.
[CC 1985 §6.5-100; Ord. No. 2651 §6.10, 8-13-1992]
A.
Utilization Of Existing Poles. Grantee shall utilize existing
poles, conduits and other facilities whenever possible and shall not
construct or install any new, different or additional poles, conduits
or other facilities whether on public property or on privately owned
property until the written approval of the City is obtained, which
approval shall not be unreasonably withheld. However, no location
of any pole or wire-holding structure of the grantee shall be a vested
interest and such poles or structures shall be removed or modified
by the grantee at his/her own expense whenever the City determines
that the public convenience would be enhanced thereby. The grantee
shall negotiate the lease of pole space and facilities from existing
pole owners.
B.
Notification Of Construction. Grantee shall notify the City
at least ten (10) business days prior to the intention of the grantee
to commence any construction in any streets. The City shall cooperate
with the grantee in the issuance of any permits required, providing
such issuance and subsequent construction by the grantee shall not
unduly interfere with the use of such streets and grantee shall comply
with the ordinances of the City.
C.
Minimum Interference. All transmission lines, equipment
and structures shall be so installed and located as to cause minimum
interference with the rights and reasonable convenience of property
owners and at all times shall be kept and maintained in a safe, adequate
and substantial condition and in good order and repair. The grantee
shall, at all times, employ ordinary care and shall install and maintain
in use commonly accepted methods and devices for preventing failures
and accidents which are likely to cause damage, injuries or nuisances
to the public. Suitable barricades, flags, lights, flares or other
devices shall be used at such times and places as are reasonably required
for the safety of all members of the public. Any poles or other fixtures
placed in any public way by the grantee shall be placed in such a
manner as not to interfere with the usual travel on such public way.
D.
Restoration Of Streets. Whenever the grantee shall disturb
the surface of any street, alley, public highway or ground for any
purpose mentioned herein, he/she shall restore the same to the condition
in which it was prior to the opening thereof in compliance with all
applicable City ordinances and practices. The grantee shall promptly
refill openings made upon any public street, alley, highway or public
ground; and the grantor may refill and/or repave in case of neglect
by the grantee. The cost thereof, including the cost of inspection
and supervision, shall be paid by the grantee. All excavations made
by the grantee in the streets, alleys and public highways shall be
properly safeguarded for the prevention of accidents. The work hereby
required shall be done in strict compliance with the rules, regulations
and ordinances of the City of Ste. Genevieve as now or hereafter provided.
E.
Removal Of Facilities. Whenever, in case of fire or other
disaster, it becomes necessary in the judgment of the Chief of the
Fire Department or Chief of the Police Department to remove any of
the grantee's facilities, no charge shall be made by the grantee against
the City for restoration and repair, unless such acts amount to gross
negligence by the City.
F.
Tree Trimming. Grantee shall have the authority to trim
trees on public property at its own expense as may be required to
protect its wire and facilities, subject to the supervision and direction
of the City. Trimming of trees on private property shall require the
advance, written consent of the property owner.
G.
Improvements By City. The grantee at its expense shall protect,
support, temporarily disconnect, relocate or remove any property of
the grantee when, in the opinion of the City, the same is required
for any of the following reasons:
1.
Traffic conditions.
2.
Public safety.
3.
Street vacation.
4.
Freeway or street construction.
5.
Change or establishment of street grade.
6.
Installation of sewers, drains, water pipes, power lines, signal
lines, transportation facilities, railroad tracks or any other types
of structures.
7.
Improvements by governmental agencies.
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The grantee shall in all cases have the privilege, subject to
the correspondent obligations, to abandon any property of the grantee
in place. Nothing hereunder shall be deemed a taking of the property
of the grantee and the grantee shall be entitled to no surcharge by
reason of anything hereunder.
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H.
Payment Upon Grantee's Failure. Upon failure of the grantee
to commence, pursue or complete any work required by law or by the
provisions of this Article to be done in any street, the City may,
at its option, cause such work to be done and the grantee shall pay
to the City the cost thereof in the itemized amounts reported by the
City to grantee within thirty (30) days after receipt of such itemized
report.
I.
Paving Cuts. The grantee shall make no paving cuts or curb
cuts unless absolutely necessary and only after written permission
has been given by the City. All underground street crossings shall
be by boring, provided however, the City Street Superintendent may
grant a written waiver thereof.
J.
Installation Of Conduit. The grantee shall install in conduit
all cable passing under the public roadway.
K.
Reservations Of Street Rights. Nothing in the franchise
shall be construed to prevent the grantor from constructing sewers,
grading, paving, repairing and/or altering any street, alley or public
highway 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 a manner as not to obstruct, injure
or prevent the free use and operation of the poles, wires, conduits,
conductors, pipes or appurtenances of the grantee. If any such property
of the grantee herein shall interfere with the construction or repair
of any street or public improvement, whether it be construction, repair
or removal of a sewer or water main, the improvement of a street or
any other public improvement, all such poles, wires, conduits or other
appliances and facilities shall be removed or replaced in such a manner
as shall be directed by the grantor so that the same shall not interfere
with the public work of the grantor and such removal or replacement
shall be at the expense of the grantee herein.
L.
Street Vacation Or Abandonment. In the event any street,
alley, public highway or portion thereof used by the grantee shall
be vacated by the grantor or the use thereof discontinued by the grantee
during the term of this franchise, the grantee shall forthwith remove
this facilities therefrom unless specifically permitted to continue
the same and on the removal thereof restore, repair or reconstruct
the street area where such removal has occurred and place the street
area where such removal has occurred in such condition as may be required
by the grantor. In the event of failure, neglect or refusal of the
grantee after thirty (30) days' notice by the grantor to repair, improve
or maintain such street portion, the grantor may do such work or cause
it to be done and the cost thereof as found and declared by the grantor
shall be paid by the grantee and collection may be made by court action
or otherwise.
M.
Movement Of Facilities. The grantee shall temporarily move
or remove its wires, cables, poles or other facilities placed pursuant
to the franchise when it is determined that it is necessary to do
so to provide for the movement of large objects, vehicles, buildings
or other structures over the streets, alleys or highways of the City
of Ste. Genevieve. Persons requiring temporary movement of cable facilities
shall provide reasonable notice to the grantee and shall be solely
responsible for the costs associated with such temporary movement.
[CC 1985 §6.5-101; Ord. No. 2651 §6.11, 8-13-1992]
A.
Construction Standards.
1.
Compliance with safety codes. All construction practices
shall be in accordance with all applicable sections of the Occupational
Safety and Health Act of 1970 and any amendments thereto, as well
as all State and local codes where applicable.
2.
Compliance with electrical codes. All installation
of electronic equipment shall be of a permanent nature, durable and
installed in accordance with the provisions of the National Electrical
Code as amended.
3.
Antennas and towers. Antenna supporting structures
(towers) shall be designed for the proper loading as specified in
Electronics Industry Association's R.S. 222 C. Specifications.
4.
Compliance with aviation requirements. Antenna supporting
structures (towers) shall be painted, lighted, erected and maintained
in accordance with all applicable rules and regulations of the Federal
Aviation Administration (FAA) and all other applicable State or local
codes, laws and requirements.
5.
Construction standards and requirements. All of
the grantee's plant and equipment, including, but not limited to,
the antenna site, head-end and distribution system, towers, house
connections, structures, poles, wire, cable, coaxial cable, fixtures
and appurtenances, shall be installed, located, erected, constructed,
reconstructed, replaced, removed, repaired, maintained and operated
in accordance with good engineering practices performed by experienced
maintenance and construction personnel so as not to endanger or interfere
with improvements the City of Ste. Genevieve may deem proper to make
or to interfere in any manner with the rights of any property owner
or to unnecessarily hinder or obstruct pedestrian or vehicular traffic
on municipal properties.
6.
Safety, nuisance, requirements. The grantee shall
at all times employ ordinary care and shall install and maintain in
use commonly accepted methods and devices preventing failures and
accidents which are likely to cause damage, injury or nuisance to
the public.
B.
Technical Standards. The cable communications system shall
meet all technical and performance standards contained in the franchise
agreement.
C.
Test And Compliance Procedure. The grantee shall submit,
within sixty (60) days after the effective date of the franchise agreement,
a detailed test plan describing the methods and schedules for testing
the cable communications system on an ongoing basis to determine compliance
with the provisions of the franchise agreement. The tests for basic
subscriber television services shall be performed periodically, at
intervals no greater than every twelve (12) months, on a minimum of
twenty (20) subscriber television receivers located throughout the
service area. At least eight (8) of these locations shall be at the
far end of the distribution trunk cables. The tests shall be witnessed
by representatives of the grantor and written test results shall be
distributed to the grantor. If more than ten percent (10%) of the
locations tested fail to meet the performance standards, the grantee
shall be required to indicate what corrective measures have been taken
and the entire test shall be repeated for at least twenty (20) different
locations. A second (2nd) failure of more than ten percent (10%) may
result, at the grantor's option, in an order to reduce subscriber
rates due to degraded services.
D.
Special Tests. At any time after commencement of service
to subscribers the City may require additional tests, full or partial
repeat tests, different test procedures or tests involving a specific
subscriber's terminal. Requests for such additional tests will be
made on the basis of complaints received or other evidence indicating
an unresolved controversy or significant non-compliance and such tests
will be limited to the particular matter in controversy. The City
will endeavor to so arrange its requests for such special tests so
as to minimize hardship or inconvenience to the grantee or to the
subscriber.
