Chapter 13.86

• A. Within 60 days after acceptance of any franchise, the grantee shall proceed with due diligence to obtain all necessary permits and authorizations which are required in the conduct of its business, including but not limited to any utility joint use attachment agreements, microwave carrier licenses, and any other permits, licenses and authorizations by regulatory agencies having jurisdiction over the operation of cable systems, or their associated facilities.

• B. In the event that the City permits overhead cable installation, within 150 days after obtaining the necessary pole agreements, the grantee shall commence construction and installation of the cable system. In the event that underground cables are required, within 150 days after obtaining permits for such installation in the public right-of-way, the grantee shall commence construction and installation of the cable system.

• C. Within 120 days after the commencement of construction and installation of the system, the grantee shall proceed to render service to subscribers, and the completion of the construction and installation shall be pursued with reasonable diligence thereafter.

• D. Failure on the part of the grantee to commence and diligently pursue each of the foregoing requirements shall be grounds for termination of a franchise. The City Council may, in its discretion, extend the time for the commencement and completion of construction and installation in the event the City Council determines that grantee, acting in good faith, experiences delays by reason of circumstances beyond its control.

• E. By acceptance of a franchise, grantee agrees that failure to comply with any time requirements referred to in subsections A, B, C and D of this section will result in damage to the City, and that it is and will be impracticable to determine the actual amount of such damage in the event of delay. The grantee therefore agrees that, in addition to any other damage suffered by the City, it will pay to the City the sum of $250.00 per day for each and every day's delay beyond the time prescribed, plus authorized-extensions thereof, for completion of any of the acts required to be done by this section.

• F. Grantors shall complete installation of the cable system within three years after granting of the franchise.

• G. The grantee shall schedule its construction activities to coordinate with the City's construction activities on the streets, so as to avoid unnecessary inconvenience to the public.

• H. A franchise issued by the City may require faster construction than established above if deemed prudent by the City.

• I. The City may, at its sole option, reduce the duration of the franchise on a month-for-month basis for each month delay in system construction within the grantee's control.

• (Prior code 6810; Ord. 32-79; Ord. 23-95)

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City of Orange, CA

PUBLIC UTILITIES

§ 13.86.020

§ 13.86.050

In all areas of the City where electric utility and communications facilities are underground, the grantee shall place its cables and distribution equipment underground. When existing aerial utilities in any City area are converted to underground construction, such that both electric and communications utilities are underground, the grantee shall replace aerial facilities with underground facilities concurrently and in cooperation with similar programs of the telephone and power utilities. All underground wires or cable of grantee shall be placed in conduits or other materials approved by the Director of Public Works. Amplifiers in grantee's transmission and distribution lines may be placed in appropriate pedestals provided that approval has been obtained from the Director of Public Works prior to excavation. (Prior code 6811; Ord. 32-79; Ord. 23-95)

• A. In the event that the use of any part of the cable system is discontinued for any reason for a continuous period of three months, or in the event the cable system has been installed in any street or public place without complying with the franchise or this article, or the franchise has been terminated or expired, the grantee shall promptly, upon 10 days' notice from the Director of Public Works, remove all cable system property other than any which the Director of Public Works may permit to be abandoned in place. In the event of such removal, the grantee shall promptly restore the street or other area to as good as a condition as existed prior to the removal.

• B. Any property of the grantee remaining in place 90 days after the termination or expiration of the franchise shall be at the option of the City Council deemed abandoned. The Director of Public Works may extend such time for no more than 30 days.

• C. Any property of the grantee permitted to be abandoned in place shall be abandoned in a manner as the Director of Public Works may prescribe. At the discretion of the City Council, such property shall become the property of the City, and the grantee shall submit an instrument in writing, approved by the City Attorney, transferring ownership of all such property.

(Prior code 6812; Ord. 32-79; Ord. 23-95)

In the event any street or portion shall be vacated by the City or the use thereof discontinued by the grantee, the grantee shall remove its facilities within 90 days of notification by the City, unless permitted by the City to continue the same. Upon removal, grantee shall restore, repair or reconstruct any disturbed area in a condition as may be required by the City. In the event grantee fails to repair, or maintain such street portion, the City may do such work by its own forces or by contract and the cost thereof shall be paid by the grantee within 30 days of invoicing. (Prior code 6813; Ord. 32-79; Ord. 23-95)

The grantee shall from time to time protect, support, temporarily dislocate, temporarily or permanently as may be required, remove or relocate, without expense to the City or any governmental entity, any facilities installed, used and maintained under the franchise if and when made necessary by any lawful change of grades, alignment or width of any public street,

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City of Orange, CA

ORANGE CODE

§ 13.86.050

§ 13.86.110

including the construction of any subway or viaduct, by the City or any other governmental entity, or made necessary by any other public improvement or alteration of any public street or other public property.

(Prior code 6814; Ord. 32-79; Ord. 23-95)

In the event it is necessary to temporarily move or remove any of the grantee's cable system placed pursuant to the franchise, in order lawfully to move a large object, vehicle, building or other structure, the grantee upon reasonable notice shall move the necessary facilities at the expense of the person requesting the temporary removal. (Prior code 6846; Ord. 32-79; Ord. 23-95)

Upon termination of service to any subscriber, the grantee shall promptly remove all its facilities and equipment from the premises of such subscriber upon request. (Ord. 12-94; Ord. 23-95)

The grantee is expected to make use of existing aerial poles where available upon reasonable terms. However, the grantee shall have the right to erect poles if written permission is obtained from the City, which shall not be unreasonably withheld and if such request does not violate any existing City codes or regulations. Except as may be permitted, the grantee shall lease pole space from existing owners for all construction. (Prior code 6844; Ord. 32-79; Ord. 23-95)

The grantee shall not remove any tree or trim any portion, either above, at, or below ground level, of any tree within any public place without the prior consent of the City. The City shall have the right to do the work with the actual cost thereof to be paid by the grantee. If such trimming is not performed by the City, the grantee shall be responsible for any and all damages to any tree as a result of trimming, or to the land surrounding any tree, whether such tree is trimmed or removed. (Prior code 6831; Ord. 32-79; Ord. 23-95)

Whenever the grantee disturbs the surface of any street, alley, public highway or ground for any purpose mentioned in this article it shall restore the same to the condition in which it was prior to such disturbance. When any opening is made by the grantee in any hard surface pavement in any street, alley or public highway, the grantee shall promptly refill the opening and restore the pavement. The grantor may refill and/or repave in case of neglect of the grantee. The cost thereof, including the cost of inspection and supervision, shall be paid by the grantee. All excavations made by the grantee in the street, alley and public highways shall be properly safeguarded for the prevention of accidents. The work required shall be done in strict compliance with the City rules, regulations and ordinances. (Prior code 6815; Ord. 32-79; Ord. 23-95)

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City of Orange, CA

PUBLIC UTILITIES

§ 13.86.110

§ 13.86.120

• A. The 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.

• B. The grantee shall install and maintain its wires, cables, fixtures, and other equipment in accordance with the requirements of the National Electrical Code, as it now exists or hereafter may be amended, and in such manner that they will not interfere with any installations of the City or of a public utility serving the City.

• C. All structures, lines, equipment and connections in and upon the streets, sidewalks, alleys and public ways or places of the City, wherever situated or located, shall at all times be kept and maintained in a safe condition and in good order and repair.

• D. The grantee shall strictly adhere to all building and zoning codes currently or hereafter in force. 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 the public or private property by any person.

(Prior code 6841; Ord. 32-79; Ord. 23-95)

The City reserves the right to remove any portion of the grantee's equipment and facilities as may be required in any emergency as determined by the City without liability for interruption of service and the City shall not be obligated to restore service or to pay the costs of expenses of restoring service.

(Prior code 6832; Ord. 32-79; Ord. 23-95)

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City of Orange, CA

PUBLIC UTILITIES

§ 13.88.010

§ 13.88.040