Duarte Municipal Code Art. VIII Design and Construction

The system shall be constructed in accordance with the provisions of the franchise agreement.

(Ord. 646 § 9.1, 1988)

Construction components and techniques shall be in accordance with the franchise.

(Ord. 646 § 9.2, 1988)

System technical and performance standards shall be in accordance with the franchise.

(Ord. 646 § 9.3, 1988)

The grantee shall strictly adhere to all building and zoning codes currently or hereafter in force and obtain all necessary permits. The grantee shall arrange its lines, cables, and other appurtenances, on both public and private property, in such a manner as to cause no unreasonable interference with the use of said property by an person. In the event of such interference, the grantor may require the removal of the grantee's lines, cables, and appurtenances from the property in question. Grantee shall give at least forty-eight hour advance notice to all property owners and the grantor prior to installing any aboveground and underground structures upon easements located on private property.

(Ord. 646 § 9.4, 1988)

A. The grantee shall begin to offer cable television service no later than the schedule contained in the franchise.

B. The grantee shall provide a detailed construction plan, indicating progress schedule, area construction maps, test plan, and projected dates for offering service.

(Ord. 646 § 9.5, 1988)

The grantee shall design and construct the system to have the capability to service the structures as provided in Section 5.86.245(A). Service shall be provided to subscribers in accordance with the schedules and line extension policies specified in the franchise.

(Ord. 646 § 9.6, 1988)

After service has been established for any area, the grantee shall provide service to any requesting subscriber within that area within times set forth in the franchise.

(Ord. 646 § 9.7, 1988)

Upon the failure, refusal or neglect of grantee to cause any construction, repair, or other necessary work to comply with the terms of the franchise agreement to be properly completed in, on, over, or under any right-of-way within a time prescribed in the franchise agreement or the construction permit, grantor may (but shall not be required to) cause such work to be completed in whole or in part, and upon so doing shall submit to grantee itemized statement of costs thereof. Grantee shall be given reasonable notice of grantor's intent to exercise this power and fifteen days to cure thereafter unless grantor determines that public safety requires immediate correction. Grantee shall, within thirty days of billing, pay to grantor the actual costs thereof. Grantee shall not be held liable for work performed by a grantor-selected contractor.

(Ord. 646 § 9.8, 1988)

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, upon reasonable notice, except as otherwise provided herein, the grantee shall forthwith remove its facilities therefrom unless specifically permitted to continue the same, and on the removal thereof restore, repair or reconstruct the area where such removal has occurred, to such condition as may be required by the grantor not in excess of the original condition. In the event of failure, neglect or refusal of the grantee, after thirty days' notice by the grantor to do such work, grantor may cause it to be done, and the cost thereof shall be paid by the grantee within thirty days and collection may be made by grantor. In the event the grantor elects to abandon a public right-of-way used by grantee for providing services, grantor shall either: (a) reserve an adequate easement for grantee's needs; or (b) waive any obligation of grantee to provide services to subscribers reachable through said abandoned right-of-way. Grantee shall not be required to remove any underground conduit the presence of which does not violate law or provide safety hazards.

(Ord. 646 § 9.9, 1988)

Grantor may, upon written application by grantee, approve the abandonment of any property in place by grantee, under such terms and conditions as grantor may approve. Upon grantor-approved abandonment of any property in place, grantee shall cause to be executed, acknowledged, and delivered to grantor such instruments as grantor shall prescribe and approve, transferring and conveying the ownership of such property to grantor.

(Ord. 646 § 9.10, 1988)

In the event that grantee's plant is deactivated for a continuous period of thirty days except for reasons outside grantee's control, without prior written notice to and approval by grantor then grantee shall, at grantor's option, and at the expense of grantee and at no expense to grantor, and upon demand of grantor, promptly remove from any streets or other area all property of grantee, and grantee shall promptly restore the street or other area from which such property has been removed to its condition prior to grantee's use thereof; provided, that grantee shall not be required to remove conduit from underground, where grantor may determine no damage to the surface of any structures may result from such nonremoval.

(Ord. 646 § 9.11, 1988)

In the event it is necessary to temporarily move or remove any of the grantee's property at grantor's direction for a public purpose in order to lawfully move a large object, vehicle, building or other structure, grantee, upon reasonable notice, shall move, at the expense of the requesting party unless said party is grantor in which said cost shall be borne by grantee, its property as may be required to facilitate such movements which sums shall be advance to grantee prior to movement. No such movement shall be deemed a taking of grantee's property. Nothing herein shall limit the right of grantee to seek further reimbursement from any party other than grantor in the event that unforeseen events result in costs exceeding the amount advanced to grantee.

(Ord. 646 § 9.12, 1988)

Cables shall be installed underground at grantee's cost where all existing utilities are already underground. Previously installed aerial cable shall be installed underground at grantee's cost in concert with other utilities when all such other utilities may convert from aerial to underground construction.

(Ord. 646 § 9.13, 1988)

No franchise shall relieve grantee of any obligations involved in obtaining pole or conduit space from any department of grantor, utility company, or from others maintaining utilities in streets.

(Ord. 646 § 9.14, 1988)

If grantor elects to grant one or more franchise hereunder, and if thereafter one or more of the franchises expires or is otherwise ended, grantor may, if it so elects, require a remaining grantee, or more than one, to extend its system to provide service to the area served by the ended franchise. The terms and requirements of such extension shall not exceed those herein and of the existing franchise of the extending grantee.

(Ord. 646 § 9.15, 1988)

Any and all streets and public ways disturbed or damaged by the grantee or its contractors, during the construction, operation, maintenance, or reconstruction of the system, shall be restored within the reasonable time frame and limits specified by grantor or agent of grantor, at grantee's expense, to their original condition unless otherwise authorized in writing by grantor.

(Ord. 646 § 9.16, 1988)

The grantee shall not erect any pole on or along any street or public way in an existing aerial utility system. If additional poles in an existing aerial route are required, grantee shall negotiate with public utility for their installation. Any such installation shall require the advance written approval of the grantor. Subject to applicable federal and state law, the grantee shall negotiate the lease of pole space and facilities from the existing pole owners for all aerial construction, under mutually acceptable terms and conditions.

(Ord. 646 § 9.17, 1988)

Nothing contained in a franchise shall empower a grantee to cut or trim any trees in any street, alley or public highway, but grantee may cut or trim trees pursuant to a prior agreement with the owner of property on which they stand, or as otherwise authorized in writing by grantor.

(Ord. 646 § 9.18, 1988)

Nothing in a franchise shall prevent the grantor from constructing, repairing and/or altering any public work. All such work shall be done, insofar as practicable, in such manner as not to unnecessarily obstruct, injure or prevent the free use and operation of any property of grantee. However, if any such property of grantee shall interfere with the construction, maintenance or repair of any public improvement, all such property shall be removed or replaced in such manner as reasonably directed by grantor so that the same shall not interfere with the said public work, and such removal or replacement shall be at the expense of the grantee.

(Ord. 646 § 9.19, 1988)

If existing aerial utilities, including cable, are ordered to be undergrounded by any lawful authority, the grantee shall be treated no worse in cost-sharing or cost allocation than other affected utilities.

(Ord. 646 § 9.20, 1988)