Ontario Municipal Code Art. 3 Provisions Relating to the Use of Public Rights-of-Way by Video Provider…

Sections 4-20.29 through 4-20.35 shall not apply with respect to telecommunications facilities.

(§ 1, Ord. 2833, eff. August 5, 2006)

(a) At no time shall grantee place facilities underground without appropriate authorization from the City in accordance with generally applicable, non-discriminatory procedures and requirements. Grantee shall be responsible for its own underground trenching and any associated costs in connection with the construction, maintenance and operation of a proposed new video provider system.

(b) The video provider system shall be placed underground in all portions of the license area where either telephone or electric lines are underground. Whenever the poles on which the video provider system is constructed are eliminated, grantee shall concurrently replace its aerial facilities with underground facilities. At no time shall the video provider system be the only aerial facility in any given area. If the City reimburses any licensee for undergrounding, all other licensees with facilities requiring undergrounding in the same area shall be similarly reimbursed.

(c) Where the video provider 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 generally applicable, non-discriminatory 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 video provider system.

(§ 1, Ord. 2833, eff. August 5, 2006)

Grantee shall be authorized to utilize existing poles, conduit, and other facilities of a public utility, subject to applicable law, 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, which approval shall not be unreasonably withheld or delayed. Grantee shall comply with applicable federal and state laws regarding pole attachments.

(§ 1, Ord. 2833, eff. August 5, 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 generally applicable to the type of video provider system which grantee has constructed, owns or operates, any applicable pole/conduit agreements, and all license agreement requirements. Grantee shall adhere to all generally applicable, non-discriminatory 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 generally applicable, non-discriminatory 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.

(§ 1, Ord. 2833, eff. August 5, 2006)

The City Engineer shall approve the location and method of construction of all underground facilities and equipment located on public right-of-ways (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 generally applicable, non-discriminatory applicable laws or regulations.

(§ 1, Ord. 2833, eff. August 5, 2006)

Grantee shall file with the City strand maps of the entire video provider system located within the public rights-of-say, excluding technical specifications. Additionally, within thirty (30) days after completion of any material modification of the video provider system, grantee shall file with the City strand maps, excluding technical specifications, showing modifications to the video provider system.

(§ 1, Ord. 2833, eff. August 5, 2006)

(a) Grantee shall remove or relocate at its sole cost any facilities installed, used or maintained in connection with the license 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. Grantee shall confirm such removal or relocation by providing written certification to the City Manager within five (5) business days of completion. If the City reimburses any licensee for any such removal or relocation, all other licensees with facilities requiring removal or relocation in the same area shall be similarly reimbursed.

(§ 1, Ord. 2833, eff. August 5, 2006)

Should grantee fail, refuse or neglect to properly perform any maintenance or construction work required by the license 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, subject to applicable law, upon five (5) 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 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.

(§ 1, Ord. 2833, eff. August 5, 2006)