Greenfield Municipal Code Art. VI Design and Construction Provisions

The cable communications system shall be constructed in accordance with any design requirements contained in the franchise agreement.

(Ord. 322 § 6.01, 1986)

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, school and public agency within the franchise territory. Service shall be provided to subscribers in accordance with the schedules and line extensions policies specified in the franchise agreement. Cable communications system construction and provisions of service shall be nondiscriminatory, and shall not delay or defer service to any section of the franchise territory on the grounds of economic preference.

(Ord. 322 § 6.02, 1986)

A. Grantee shall comply with the requirements of the cable communications system construction schedule contained in the franchise agreement.

B. Construction of the cable communications system and service need not be provided where power and telephone utilities are not available.

C. As required in the franchise agreement, grantee shall provide a detailed construction plan indicating progress schedule, area construction maps, test plan and projected dates for offering service. In addition, grantee shall update this information for grantor on a monthly basis, showing specifically whether schedules are being met and the reasons for any delay.

D. Failure to begin construction within one year after award of the franchise shall be grounds for franchise termination, at the option of the grantor.

(Ord. 322 § 6.03, 1986)

Grantor may, in accordance with the procedures set forth in Section 5.24.180, at its sole option apply any or all of the following remedies in connection with delays in cable communications system construction:

A. Reduction in the duration of the franchise on a monthto-month basis for each month of delay exceeding six months.

B. Forfeiture of construction bonds or assessment of monetary damages up to the maximum limit, if any, specified in the franchise agreement for delays exceeding one year.

C. Termination of the franchise for delays exceeding eighteen months, without just cause.

(Ord. 322 § 6.04, 1986)

The undergrounding of cable is encouraged. Cables shall be installed underground at grantee's cost where existing utilities are already underground. Previously installed aerial cable shall be placed underground or relocated in concert, and on a cost-sharing basis, with other utilities, when such utilities may convert from aerial to underground construction.

(Ord. 322 § 6.05, 1986)

A. In cases of new construction or property development where utilities are to be placed underground, upon request by grantee, the developer or property owner shall give grantee reasonable notice of the particular date on which open trenching will be available for grantee's installation of conduit, pedestals or vaults at the developer's expense 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 or vaults, and laterals within five 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 a five-day period, the cost of new trenching is to be borne by grantee.

(Ord. 322 § 6.06, 1986)

In cases of multiple-dwelling units serviced by aerial utilities, grantee shall make every effort to minimize the number of individual aerial drop cables, giving preference to undergrounding of multiple drop cables between the pole and dwelling unit.

(Ord. 322 § 6.07, 1986)

A. Grantee shall utilize existing poles, conduits and other facilities whenever posible, 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 grantor is obtained, which approval shall not be unreasonably withheld.

B. Grantee shall notify grantor at least fifteen days prior to the intention of grantee to commence any construction in any streets except in emergency situtations. Grantor shall cooperate with grantee in granting any permits required, providing such grant and subsequent construction by grantee shall not unduly interfere with the use of such streets and that proposed construction shall be done in accordance with the pertinent provisions of the ordinances of grantor.

C. All transmission lines, equipment and structures of the cable communications system 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. 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 publici any pole or fixtures placed in any public way by grantee shall be placed in such a manner as not to interfere with the usual travel on such public way.

D. Grantee shall, at its Own expense, restore any damage or disturbance caused to the public way as a result of its operations or construction On its behalf.

E. Whenever, in case of fire or other disaster, it becomes necessary in the judgemnt of grantor to remove any of grantee's facilities, no charge shall be made by grantee against grantor for restoration and repair, unless such acts amount to gross negligence by grantor.

F. Grantee shall have the authority to trim trees on public ptopertyat its own expense as may be necessary to protect its wires and facilities, subject to the supervision and prior direction of grantor.

G. Grantee, at its expense, shall protect, support, temporarily disconnect, relocate or remove any property of grantee when, in the opinion of grantor, the same is required by reason of traffic conditions, public safety, street vacation, freeway or street construction, change or establishment of street grade, installation of sewers, drains, waterpipes, power line, signal line transportation facilities, tracks or any other types of structure or improvements by governmental agencies whether acting in a governmental or a proprietary capacity, or any other structure or public improvement including, but not limited to, movement of buildings, redevelopment or any general program under which grantor shall undertake to cause any such properties to be located beneath the surface of the ground. Grantee shall in all cases have the privilege, subject to the corresponding obligations, to abandon any property of grantee and grantee shall be entitled to no surcharge by reason of anything hereunder. Should relocation be requested by a private property owner, the expense shall be borne by that owner.

H. Upon failure of grantee to commence, pursue or complete any work required by law or by the provisions of this chapter to be done in any street, within the time prescribed and to the satisfaction of grantor, grantor may, at its opinion, after having given fifteen days' written notice to grantee, cause such work to be done and grantee shall pay to the grantor the cost thereof in the itemized amounts reported by grantor to grantee within thirty days after receipt of such itemized report.

I. Grantee shall make no paving cuts or curb cuts unless absolutely necessary, and only after written permission has been given by grantor.

J. Grantor reserves the right to require conduit for underground cabling consistent with its normal permit procedure for any application of underground street crossing.

(Ord. 322 § 6.08, 1986)

In the event that:

A. The use of any part of the system of grantee is discontinued for any reason for a continuous period of thirty days without prior written notice to and approval by grantor, or

B. Any part of such system has been installed in any street or other area without complying with the requirementshereof, or

C. Any franchise shall be terminated, cancelled, or shall expire, then grantee shall, after discussion with grantor, and at the expense of grantee and at no expense to grantor, and upon demand of grantor, promptly and within a reasonable time, remove from any streets or other areas all property of grantee, and grantee shall promptly and within a reasonable time, restore the street or other area from which such property has been removed to such condition as the city manager shall approve. (Crd. 322 §6.09 (a), 1986).

The grantor may, upon written application thereof by grantee, approve the abandonment of any of such property in place by grantee and under such terms and conditions as grantor may prescribe. Upon abandonment of any of such 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. 322 § 6.09(b), 1986)

A. Compliance With Safety Codes. All construction practices shall be in accordance with all applicable federal, state and local laws, rules and regulations.

B. Compliance with Electrical Codes. All installation of electronic equipment shall be of a permanent nature, durable and installed in accordance with all federal; state and local rules, laws and reglations.

C. Antennas and Towers. Antenna-supporting structures (tower) shall be designed for the proper loading in accordance with all applicable federal, state and local laws, rules and regulations.

D. Compliance with Aviation Requirements. Antenna-supporting structures (tower) shall be painted, lighted, erected and maintained in accordance with all applicable federal, state and local laws, rules and regulations.

E. Construction Standards and Requirements. All of the grantee's plant and equipment including, but not limited to, the antenna site, head-end and distribution cable communications system tower, home 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 grantor 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.

F. Safety, Nuisance, Requirements. 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.

(Ord. 322 § 6.10(a), 1986)

The cable communications system shall meet all technical and performance standards for cable television promulgated by the Federal Communications Commission and contained in 47 C.F.R. 76, and any successor standards, whether such standards be denominated rules, regulations or guidelines.

(Ord. 322 § 6.10(b), 1986)