Lincoln Municipal Code Art. IV Construction Requirements

As used in this chapter, the term "dwelling units" means residential living facilities, as distinguished from temporary lodging facilities such as hotel and motel rooms and dormitories, and includes single-family residential units and individual apartments, condominium units, mobile homes within mobile home parks, and other multiple-family residential units.

(Ord. 747B §3(part), 2003)

Each CATV system, including wires and appurtenances, shall be located and installed and maintained so that none of the facilities endanger or interfere with the lives or safety of persons, or interfere with any improvements the city, or other governmental agency, may deem proper to make, or unnecessarily hinder or obstruct the free use of the streets or other public property. All transmission and distribution structures, lines and equipment erected or installed by a licensee within the city shall be so located as to cause minimum interference with the rights and reasonable convenience of property owners who adjoin any of the streets or other public property.

(Ord. 747B §3(part), 2003)

During the term of each license, in advance of occupying, working upon or otherwise utilizing any city property, the licensee shall apply for and obtain from the director of public works a permit which authorizes the licensee to do so. The director of public works, under administrative regulations adopted by him, shall limit the use of the amount of public property as necessary to:

(1) Insure that the requirement to provide universal CATV service within the city on a nondiscriminatory basis is met consistent with the service activation plan approved for the licensee;

(2) Insure that the monetary value of any surety bond, or other comparable security instrument, is sufficient to repair and restore city property to its original condition should the licensee fail to do so.

(Ord. 747B §3(part), 2003)

(a) It is the duty of a licensee to insure that all public property occupied by the licensee, and any private property occupied by the licensee as permitted by private landowners, to be restored, at the sole cost of the licensee, to a condition as close as is reasonably possible to the condition as it existed prior to any construction activity undertaken by the licensee in the installation of a CATV system.

(b) The director of public works shall adopt administrative regulations relating to the installation and maintenance of the CATV system installed by a particular licensee, which shall include, but not be limited to:

(1) A general timeline for construction throughout the city vis-a-vis the various residential areas;

(2) The number of dwelling units and/or other facilities that may be served under a single permit and the level of completion necessary under one permit before authorization to construct under another permit will be granted;

(3) The manner in which existing utility poles will be utilized for installation where no underground utility service is currently available;

(4) The manner in which improved city streets and easements will be physically utilized, including, but not limited to:

a. Whether trenching or boring should be utilized in a particular location,

b. The manner and method of backfilling trenches to insure the integrity and appearance of pavement;

(5) How notice will be provided to affected residents prior to the start of construction;

(6) A method for handling citizen complaints in an expeditious manner;

(7) Safety procedures during construction, including handling traffic detours;

(8) Handling of incidents where construction disrupts existing utility services;

(9) Parking of equipment and storage of materials during the construction process.

(Ord. 747B §3(part), 2003)

(a) Except as permitted by the director of public works where existing utility poles can be used for a CATV system in areas of the city which lack underground utilities, each licensee shall construct and install the various components of its CATV system underground. Amplifier boxes and pedestal mounted terminal boxes may be placed above ground if existing technology reasonably requires, but shall be of such size and design and shall be so located as not to be unsightly or unsafe.

(b) When an area of the city is served by utility poles and that area converts to underground utilities, it shall be the responsibility of the licensee, at its sole cost, to relocate its CATV facilities in a common underground facility along with other utility providers.

(Ord. 747B §3(part), 2003)

If during the term of a license the city, or any public entity owning and operating utility facilities within the city, reasonably requires that the CATV facilities of a licensee be moved to accommodate the needs of the city or other public entity in the delivery of utility services, the licensee shall relocate such facilities to a location to be determined by the director of public works at the sole cost of the licensee.

(Ord. 747B §3(part), 2003)

No licensee shall remove or trim any tree without the express written consent of the director of public works as to trees on city property or without the express written consent of the owner of any private property on which a tree is located.

(Ord. 747B §3(part), 2003)

Each licensee shall, upon the request by any person holding a permit or license issued by the city to build, demolish, or move any building or structure, to temporarily remove, raise or lower its CATV facilities to accommodate the necessary construction activity. The expense incurred by the licensee shall be paid by the person requesting the accommodation and a licensee may require such payment in advance. A licensee shall be given not less than 48 hours of the need for such accommodation.

(Ord. 747B §3(part), 2003)

(a) Upon the expiration or termination of a license, a licensee shall either convey its CATV facilities to another licensee or remove all of its above ground CATV facilities within 30 days after the expiration or termination of the license. A licensee may remove only those underground CATV facilities as do not require any digging, trenching, or other physical disturbance of city property.

(b) No installed CATV facilities may be used by a former licensee for cable television service after the license has expired or has been terminated.

(Ord. 747B §3(part), 2003)

(a) The director of public works shall enforce all provisions of this chapter and of any administrative regulations adopted pursuant to this chapter pertaining to the installation and maintenance of CATV facilities by a licensee.

(b) If a licensee fails to comply with any written directive to do, or cease doing, any activity regulated by this chapter from the director of public works within five business days, the director may take such steps as are reasonably necessary to effectuate compliance, including, but not limited to:

(1) Stopping the construction activity of the licensee;

(2) Revoking any permit under which the licensee is then installing CATV facilities;

(3) Utilizing city forces, equipment and materials to remediate any situation which poses an imminent threat to the health, safety, and welfare of the residents of the city; provided that the licensee shall be responsible for reimbursement to the city of all costs reasonably incurred;

(4) Recommending to the city council revocation of the license.

(Ord. 747B §3(part), 2003)