Emeryville Municipal Code Part 3 Design And Construction

(a) A cable system must comply with the City's generally applicable requirements for joint trenching and undergrounding in order to minimize disruptions to the public rights-of-way. At no time shall grantee place cable underground without appropriate authorization from the City.

(b) The cable system shall be placed underground in all portions of the franchise area where either telephone or electric lines are underground. Whenever the poles on which the cable system is constructed are eliminated, grantee shall concurrently replace its aerial facilities with underground facilities. At no time shall the cable system be the only aerial facility in any given area.

(c) Where the cable system is installed underground, line extenders, amplifiers, taps, power supplies, traps and related electronic equipment and components may be placed in appropriate housings above the surface of the ground to the extent that the method employed is compliant with any and all applicable City, state, federal or other regulations, and consistent with any other generally applicable guidelines, policies or procedures that may, from time to time, be adopted by the City or other applicable government agency. Grantee shall provide a procedure for undergrounding taps and pedestals, the cost of which the subscriber will bear, and relocating the taps and pedestals within the technical constraints of the cable system.

(Sec. 1 (part), Ord. 06-016, eff. Nov. 17, 2006)

Grantee shall be authorized to utilize existing poles, conduit, and other facilities of a public utility, but shall not be authorized to construct or install any new, different, or additional poles in any City streets without prior written approval by the City.

(Sec. 1 (part), Ord. 06-016, eff. Nov. 17, 2006)

Grantee shall install and maintain its wires, cables, fixtures, and other equipment in accordance with applicable California Public Utilities Commission pole attachment standards, electrical codes and industry standards of the cable television industry generally applicable to the type of cable system which grantee has constructed, owns or operates any applicable pole agreements, and all franchise agreement requirements. Grantee shall adhere to all building and zoning regulations currently in force or hereafter enacted. Grantee shall repair and restore any cuts and/or trenching in the roadway or sidewalks to City standards. Grantee shall locate and maintain its lines, cables, and other appurtenances, on public property, in such a manner as to cause no unreasonable interference with the use of such public property by any person.

(Sec. 1 (part), Ord. 06-016, eff. Nov. 17, 2006)

The City Engineer shall approve the location and method of construction of all underground facilities and equipment located on public rights-of-way (including any above grade portion of such facilities and equipment). The City Engineer also shall approve the location and installation of all new aerial facilities. All construction shall be subject to City permit and inspection fees as may be required by other applicable laws or regulations.

(Sec. 1 (part), Ord. 06-016, eff. Nov. 17, 2006)

Grantee shall file with the City "as-built" drawings of the entire cable system, excluding technical specifications. Additionally, within thirty (30) days after completion of any material modification of the cable system (e.g., a system rebuild or distribution facility replacement), grantee shall file with the City "as-built" drawings, excluding technical specifications, of the modified cable system. The City may require that the "as-built" drawings be submitted in an electronic format specified by the City.

(Sec. 1 (part), Ord. 06-016, eff. Nov. 17, 2006)

(a) Grantee shall remove or relocate at its sole cost any facilities installed, used or maintained in connection with the franchise if and when such removal or relocation is made necessary by any project. For purposes of this section, the word "project" means any change of grade, alignment or width of any public street, way, alley or place, including but not limited to, the construction of any subway or viaduct, that the City may initiate, either by or through itself or any redevelopment agency, community facility district, assessment district, undergrounding district, reimbursement agreement or generally applicable impact fee program.

(b) In the event that such removal or relocation is required, grantee shall commence physical fieldwork on the removal or relocation on or before one hundred twenty (120) days after written notice of such requirement is provided by the City Manager. If, despite its reasonable efforts, grantee is unable to commence removal or relocation within such period, grantee shall provide the City Manager with written notice explaining in detail the reasons for the delay and a date certain upon which such removal or relocation is expected to commence. Grantee shall diligently proceed and promptly complete all such removal or relocation after it is commenced.

(c) The City reserves the right to change the grade and the width, or to alter or change the location, of any street, highway, or rights-of-way where grantee's facilities are located. Grantee must, at no cost to City, relocate all facilities maintained pursuant to this agreement to conform to such change of grade, width, or location to the satisfaction of the City Manager. Grantee will commence such work of relocation within one hundred twenty (120) days after receipt of a written request from the City Manager, and will thereafter diligently prosecute that work of relocation to completion.

(d) If any of the facilities constructed or maintained by grantee on, along, upon, over, in, under or across any street, highway, or rights-of-way is located in a manner that prevents or interferes with the maintenance, improvement, repair, construction, alteration or relocation of the street, highway, or rights-of-way, grantee will permanently or temporarily relocate any such facility at no cost to the City. Grantee will commence that work within one hundred twenty (120) days after receipt of a written request from the City Manager to make such change, and will thereafter diligently prosecute that work to completion.

(e) The City reserves the right, in its governmental capacity, to lay, construct, repair, alter, relocate, and maintain subsurface or other facilities or improvements of any type or description within all streets, highways, or rights-of-way. If the City finds that the location or relocation of its facilities or improvements conflict with the facilities laid, constructed, or maintained under this agreement, grantee will permanently or temporarily relocate any such facility at no cost to the City. Grantee will commence that work within thirty (30) days after receipt of written notice from the City Manager to make such change, and will thereafter diligently prosecute that work to completion.

(f) Grantee will not commence any work for the purpose of constructing, replacing, repairing, or removing any of its facilities on, along, upon, over, in, under and across any street, highway, or rights-of-way until it has first obtained a permit to do so. Permit applications must be submitted in accordance with the City's ordinances and regulations.

(g) The work of constructing, replacing, repairing, or removing facilities authorized by this agreement on, along, upon, over, in, under or across any street, highway, or rights-of-way must be conducted with the least possible hindrance to the use of the street, highway, or rights-of-way. As soon as the construction, replacement, repair, or removal of any of these facilities is completed, all portions of the street, highway, or rights-of-way that have been excavated or otherwise damaged must be placed in as good condition as existed before that work commenced, to the reasonable satisfaction of the City Manager. Grantee will hold the City harmless from all claims or liability arising from any damage or injury suffered by any person by reason of any excavation or obstruction being improperly guarded during said work, or by reason of the failure of grantee to properly make the fill.

(h) In connection with grantee's compliance with the provisions of this section, grantee does not waive or relinquish any rights it may have under applicable law to seek reimbursement from individuals or entities other than the City for its costs of compliance to the extent that those costs qualify for reimbursement and funds are available. If the City administers the funding of reimbursements for a Rule 20(A) or Rule 20(B) project for which grantee is eligible to be reimbursed for its undergrounding costs, then grantee does not waive any rights to seek such reimbursement from the City.

(Sec. 1 (part), Ord. 06-016, eff. Nov. 17, 2006)

Should grantee fail, refuse or neglect to properly perform any maintenance or construction work required by the franchise following due notice from the City and a reasonable opportunity to cure as provided for under this chapter, or should grantee fail to commence performance of such work within the required period of time, or fail to diligently proceed and promptly complete such work thereafter, the City Manager may, upon five days prior written notice to grantee (except in cases of emergency), cause such work or other act to be completed in whole or in part by the City forces or others, and upon so doing shall submit to grantee an itemized statement of the costs thereof. Grantee shall pay to the City the entire amount due, without offset or deduction, within thirty (30) days from the date of such statement.

(Sec. 1 (part), Ord. 06-016, eff. Nov. 17, 2006)