Redondo Beach Municipal Code Art. 5 Regulations Pertaining To Use of City Streets and Public Rights-of-Way

(a) All Grantee's cable system and video system facilities to be installed only at locations approved by Director of Public Works. Any poles, wires, cable lines, conduits or other properties of a Grantee or a State franchise holder to be constructed or installed in streets shall be so constructed or installed only at such locations and in such manner as shall be approved by the Director of Public Works acting in the exercise of his or her reasonable discretion.

(b) Written approval of City Council required for all installations unless Grantee is utilizing existing public utility facility. A Grantee shall not install or erect any facility or apparatus in or on other public property, place, easement, right-of-way, or within any privately owned area within the City which has not yet become a public street but is designated or delineated as a proposed public street on any tentative subdivision approved by the City, except those installed in or erected upon a public utility facility now existing, without obtaining the prior written approval of the City Council.

(c) Upon undergrounding of utility lines, Grantee shall concurrently place its facilities underground. Notwithstanding any other provision in this chapter or any franchise granted pursuant thereto, all facilities of a Grantee in any public street or in any public or private easement, and cable service lines to subscribers off the main lines, shall be located underground at such depths and locations as shall be approved by the Director of Public Works, except where Grantee uses existing poles, with permission from the owner, and as to such cable service lines where and so long as electric and telephone lines to the subscribers are overhead. Upon the undergrounding of the utility lines of the owner using the poles, Grantee shall concurrently (or earlier) place its facilities underground at depths and locations approved by the Director of Public Works. Where possible all underground wires or cable of Grantee shall be placed in conduits.

(d) Permits required from Director of Public Works, Building or other appropriate departments prior to any physical work in City streets. The Grantee or its authorized contractors will be required to obtain permits from the Director of Public Works, Building or other appropriate departments prior to any physical work being performed in the City's streets, or on City-owned property. Permits will be issued promptly to a Grantee or its contractors only on, approved plans, by approved contractors, which must be submitted on or before the request for the construction permit. All work will be done in accordance with the City's specifications.

(e) Detailed maps required of entire cable system prior to issuance of permits. A Grantee shall cause detailed maps of the entire cable system showing materials of construction, amplifier, and power supply locations to be filed in the office of the Director of Public Works prior to the issuance of a permit for construction. Prior to requesting the issuance of a permit for the installation of any facility or apparatus in accordance with the provisions of this section, the Grantee shall file such maps with all utility companies and public agencies whose facilities are affected by such installation and obtain a statement signed by a responsible official thereof that such utility or public agency has no objection to the proposed location of such facility. Such utility companies and public agencies shall act upon a request made to them by a Grantee in accordance with the foregoing provisions within 30 days after such request has been made to such utility or public agency.

(f) City Council may grant relief for good cause. In order that the provisions of subsection (c) of this section may be reasonably applied in instances where extreme or unnecessary hardship would result from carrying out the provisions of this section, the City Council shall have the power to vary the mandatory provisions of this section in any specific case in such a manner that substantial justice is done upon a showing by the Grantee of good cause therefor. Not-withstanding any other provision of this chapter, the franchise agreement may require that all facilities will be underground from the beginning without utilization of existing above-ground facilities. In such event, the franchise agreement may provide for certain exceptions, or delegate to the Director of Public Works authority to make exceptions when deemed reasonably necessary from the standpoint of either practical installation or economic cost. In any event, all installations shall be in accordance with standards approved by the Director of Public Works. Amplifiers and power supplies in Grantee's transmission and distribution lines may be located in appropriate housing upon the surface of the ground, as approved by the Director of Public Works.

(§ 2, Ord. 2727 c.s., eff. May 5, 1994, as amended by § 1, Ord. 2993 c.s., eff. December 30, 2006)

When any portion of the cable system is to be installed on public utility poles and facilities, and Grantee will provide proof that agreements for such joint use of poles and facilities have been entered into by the Grantee and such utility companies.

(§ 2, Ord. 2727 c.s., eff. May 5, 1994, as amended by § 1, Ord. 2993 c.s., eff. December 30, 2006)

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 cable service and City shall not be obligated to restore cable service or to pay the costs of expenses of restoring cable service. In the event this work results in a loss of cable service, without fault on the part of the Grantee, no refund will be credited to subscriber accounts.

(§ 2, Ord. 2727 c.s., eff. May 5, 1994, as amended by § 1, Ord. 2993 c.s., eff. December 30, 2006)

(a) Grantee shall remove system from any public street following termination or expiration of franchise. In the event that the use of a substantial part of the cable system is discontinued for any reason for a continuous period of 12 months, or in the event such cable system or property has been installed in any street or public place without complying with the requirements of the Grantee's franchise or this chapter, or the franchise has been terminated, cancelled or has expired without renewal the Grantee shall promptly, upon being given 10 days notice from the Director of Public Works commence removal from the streets or public places all such property and poles of such cable system 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 from which such property has been removed to a condition satisfactory to the Director of Public Works.

(b) Grantee's property may be considered abandoned 90 days after termination or expiration of franchise. 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, considered permanently abandoned. The Director of Public Works may extend such time not to exceed an additional 90 days.

(c) Abandonment in place shall be done at direction of Department of Public Works—Ownership of property shall be transferred to City. Any property of the Grantee permitted to be abandoned in place shall be abandoned in such a manner as the Department of Public Works shall prescribe. Upon permanent abandonment of the property of the Grantee in place, the property shall become that of the City, and the Grantee shall submit to the city an instrument in writing, to be approved by the City Attorney, transferring to the City the ownership of such property.

(§ 2, Ord. 2727 c.s., eff. May 5, 1994, as amended by § 1, Ord. 2993 c.s., eff. December 30, 2006)

The Grantee, on the request of any person, firm or corporation holding a building permit issued by the City, shall temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal, raising or lowering of wires shall be paid to the Grantee by the person, firm or corporation requesting the same, and the Grantee shall have the authority to require such payment in advance. The Grantee shall be given not less than 48 hours advance notice to arrange for such temporary wire changes.

(§ 2, Ord. 2727 c.s., eff. May 5, 1994, as amended by § 1, Ord. 2993 c.s., eff. December 30, 2006)

The Grantee shall notify the City regarding the need to trim trees upon and overhanging streets of the City so as to prevent the branches of such trees from coming in contact with the wires and cables of the Grantee; at the option of the City, such trimming may be done by the City at the expense of the Grantee and other users thereof, or by the Grantee under the City's supervision and direction, at the expense of the Grantee and other users thereof. When authorized, such trimming shall be limited to the area required for clear cable passage and shall not include major structural branches which materially alter the appearance and natural growth habits of the tree. 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.

(§ 2, Ord. 2727 c.s., eff. May 5, 1994, as amended by § 1, Ord. 2993 c.s., eff. December 30, 2006)

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 other governmental entity any facilities installed, used, or maintained under the franchise, if and when made necessary by any lawful change of grade, alignment, or width of any public street, by the City or any other governmental entity, or made necessary by any other public improvement or alteration in, under, on, upon or about any public street or other public property, whether such public improvement or alternation at the instance of the City or another governmental entity, and whether such improvement or alteration is for a governmental or proprietary function, or made necessary by traffic conditions, public safety, street vacation or any other public project or purpose of City or any other governmental entity. The decision of the Director of Public Works under this section shall be final and binding on a Grantee.

(§ 2, Ord. 2727 c.s., eff. May 5, 1994, as amended by § 1, Ord. 2993 c.s., eff. December 30, 2006)

(a) All damages to public facilities to be replaced or restored to same condition existing prior to Grantee's construction. In the event that a Grantee during construction, installation or repair of its facilities causes damage to pavement, sidewalks, driveways, landscaping or other property, the Grantee or the authorized agent shall, at its own expense and in a manner approved by the City, replace and restore such places to the same condition which existed before said work was commenced.

(b) Procedure to be followed upon failure of Grantee to complete work. Upon failure of the Grantee to complete any work required by law, or by the provisions of this chapter, or by its franchise agreement, to be done in any street or other public place, within 10 days following due notice and to the satisfaction of the Director of Public Works, the City may at its option, cause such work to be done and the Grantee shall pay to the City the cost thereof in the itemized amounts reported by the Director of Public Works to the Grantee within 10 days after receipt of such itemized report. Or, at City's option, City may demand of Grantee the estimated cost of such work as estimated by the Director of Public Works, and such shall be paid by Grantee to City within 10 days of such demand. Upon award of any contract or contracts therefor, Grantee shall pay to City within 10 days of demand any additional amount necessary to provide for cost of such work. Upon completion of such work, Grantee shall pay to City or City shall refund to Grantee such sums so that the total received and retained by City shall equal the cost of such work. "Cost" as used herein shall include 15% of other costs for City's overhead.

(§ 2, Ord. 2727 c.s., eff. May 5, 1994, as amended by § 1, Ord. 2993 c.s., eff. December 30, 2006)

This article 5 shall not apply to a cable operator that had a franchise from the State of California to occupy the City's streets as a telephone company prior to receiving its cable franchise.

(§ 1, Ord. 2993 c.s., eff. December 30, 2006)