System Construction.

15.181. 

Reporting Requirements. Upon acceptance of the Franchise, Grantee shall, within ninety (90) days, file such documents, as are required for all necessary local, state, and federal licenses, permits and authorizations, as required for the operation of the Cable System or any Video Communications System. Grantee shall submit monthly reports to the Mayor of the City of West Allis on progress in receiving such permits, licenses and authorizations, until all have been received by the Grantee. Failure to pursue all necessary steps to secure the aforementioned documents with due diligence shall constitute a substantial violation of this Section.

15.182. 

Upgrading of Facilities, Equipment and Service. Grantee shall upgrade its facilities, equipment and service, as the demands of Subscribers dictate, so that the Cable System or any Video Communications System is as advanced as the current state of technology with field-proven equipment will allow. Changes in facilities and equipment involving a substantive upgrade of the Cable System shall be subject to consideration and approval by the Regulatory Board.

15.183. 

Construction/Upgrade Schedule.

A. 

Franchise applications shall include a schedule for construction or, in the case of a Franchise which is being considered for renewal, a schedule for upgrade, including a timetable for commencement or enhancement of cable services to Subscribers. Said schedule shall be incorporated into the Franchise Agreement and shall be enforceable to the Grantee under the provisions of this Ordinance.

B. 

Within one hundred twenty (120) days after acceptance of a Franchise, Grantee shall furnish the Franchising Authority with a copy of preliminary engineering drawings and an operating construction schedule, setting forth target dates by area for construction activity. If substantial changes become necessary, Grantee shall modify such drawings and schedule to accurately reflect any substantial changes.

C. 

Grantee shall furnish the Franchising Authority progress reports on construction or upgrade of the Cable System or any Video Communications System at intervals not to exceed thirty (30) days. Said progress reports shall, at a minimum, include a map which clearly indicates the portions of the Franchise Area where Subscriber service is available. Said report shall indicate the time when construction will be completed and when service will be activated.

15.184. 

As-Built Drawings Required. Grantee shall provide the Franchising Authority with As-Built drawings, as the system is constructed or upgraded, no later than one hundred eighty (180) days from the date of acceptance of the Franchise. As a complement to said As-Built drawings, Grantee shall provide a map indicating the location of the Cable System or any Video Communications System lines and equipment installed or in use throughout the Franchise Area on an official map issued by the City of West Allis City Clerk's Office.

15.185. 

Authority For Use Of Public Ways. For the purposes of operating and maintaining a Cable System or any Video Communications System within the Franchise Area, Grantee may erect, install, construct, repair, replace, reconstruct and retain in, on, over, under, across and along the streets and Public Ways within such City lines, cables, conduits, vaults, manholes, amplifiers, appliances, pedestals, attachments and other property and equipment, as are necessary and appurtenant to the operation of the Cable System or any Video Communications System, provided that all applicable permits are applied for and granted, all fees paid and all other City codes and ordinances otherwise complied with. No rights hereunder may be transferred by Grantee to any other entity other than the Grantee's subcontractors.

15.186. 

Compliance With Construction Standards. Grantee shall design, engineer, construct, install, operate and maintain its system in a manner which follows construction standards and technical standards, as established by local, state or federal laws, ordinances or regulations. Grantee shall adhere to any such construction and technical standards, which were submitted as a part of the application for Franchise and for Franchise renewal. Construction, Installation and maintenance of the Cable System or any Video Communications System shall be performed by the Grantee in a workmanlike manner, in accordance with current construction, engineering, electrical and other related technical standards. Where possible, cables and wires shall be buried underground and within the same easement as electric and telephone utility wiring. Cabling, amplifiers and related appurtenances which are connected overhead on utility poles shall be erected and maintained, in accordance with National Electrical Code and National Electrical Safety Code requirements, as referenced herein. With respect to any cables, wires and other like facilities constructed and installed by Grantee aboveground, Grantee shall, at its sole expense, reconstruct and reinstall cables, wires or other facilities underground, pursuant to any project under which the cables, wires or other facilities of all like utilities are placed underground within an area.

15.187. 

Right of City to Examine Plans and Inspect Construction. Prior to construction, upgrade, installation or erection of towers, poles, conduits or fixtures related to the operation or maintenance of the Cable System or any Video Communications System, Grantee shall submit plans and maps detailing proposed facility construction, upgrade, installation or erection to the City Engineer for his examination. Upon approval by the City Engineer, Grantee may proceed with implementation of its proposed plans and activities. The City shall not unreasonably withhold such approval of Grantee's plans. Notwithstanding such approval, City shall have the right to inspect all construction or installation work performed, subject to the provisions of local laws and ordinances.

15.188. 

Antennas and Towers. Antenna supporting structures (towers) shall comply with the following regulations set forth and currently in effect:

A. 

Rules and Regulations of the Federal Communications Commission pertaining to antennas and towers found in 47 CFR 76, et. seq., and 47 CFR 78, et. seq.

B. 

Obstruction Marking and Lighting, A 70/7460-IE, Federal Aviation Administration.

C. 

Federal Communications Commission Rules, Part 17, Construction, Marking and Lighting of Antenna Structures.

D. 

NCTA Standards of Good Engineering Practices, NCTA 008-0477, Electronics Industry Association Standard RS-222C, Structural Standards for Steel Towers and Antenna Supporting Structures.

Antenna supporting structures (towers) shall be painted, lighted, erected and maintained, in accordance with all applicable rules and regulations of the State Aeronautics Board governing the erection and operation of supporting structures or television towers, and all other local state codes or regulations.

15.189. 

Erection of Poles, Conduits or Other Wire-Holding Structures.

A. 

The Franchise shall not relieve the Grantee of any obligation involved in obtaining pole, conduit or other wire-holding structure use agreements from the gas, electric and telephone companies, or others maintaining poles, conduits or other wire-holding structures in the streets of the City, whenever the Grantee finds it necessary to make use of said poles, conduits or wire-holding structures.

B. 

No Franchise shall be deemed to expressly or impliedly authorize the Grantee to construct or install poles, conduits or wire-holding structures within streets for the purpose of placing cables, lines, wires or otherwise, without the prior approval of the City. Such consent shall be given upon such terms and conditions as the City may prescribe, which shall include a requirement that the Grantee perform, at its sole expense, all tree trimming required to maintain the poles clear of obstructions. Consent shall not be unreasonably withheld, but shall be subject to reasonable and necessary limitations to protect public health, safety and welfare.

C. 

With respect to any poles, conduits or wire-holding structures which Grantee is authorized to construct or install within Public Ways, a public utility serving the City may, if denied the privilege of utilizing such poles, conduits or wire-holding structures by the Grantee, apply for such permission to the City. If the City finds that such use would enhance the public convenience and would not unduly interfere with Grantee's operations, the City may authorize such use, subject to such terms and conditions as the City deems appropriate. Such authorization shall include the condition that the public utility pay to Grantee any and all actual and necessary costs incurred in permitting such use. Subsections A and B shall not apply to any poles, conduits or wire-holding structures installed prior to the effective date of this Ordinance.

15.1810. 

Contractor Qualifications.

A. 

Any contractor performing work for Grantee with respect to construction, upgrade, installation, repair or maintenance of the Cable System or any Video Communications System, shall be properly and currently licensed under laws of the State of Wisconsin, and under ordinances of the City of West Allis.

B. 

Grantee shall, where possible, give preference for employing local licensed contractors for construction, upgrade, installation, repair and maintenance of the Cable System or any Video Communications System.

15.1811. 

Safety Compliance. Grantee shall comply with the standards of the Occupational Safety and Health Administration, as now or hereinafter amended, or by any successor provisions, and standards established by the Wisconsin Department of Labor or, where applicable, by the City in maintaining its operational facilities, working conditions and work procedures utilized as a part of the construction, upgrade, installation, repair and maintenance of the Cable System or any Video Communications System.

15.1812. 

Permits Required. No construction, upgrade or relocation of the Cable System or any Video Communications System or its components within the Public Ways of the City shall be initiated without approval by means of permit issued by the City. In issuing such permit, the City may, at its option, impose such conditions, restrictions or regulations, as are needed for protection of public property, private property, buildings, structures and public utilities, for maintaining the safety of the public, and the unimpeded flow of traffic by pedestrians and vehicles. Upon receipt of such permit, Grantee shall provide the City fourteen (14) days notice prior to the start of construction; however, such notice may be waived by the Mayor in the event that construction, upgrade or relocation of the Cable System or any Video Communications System, or its components, is necessitated by emergency conditions.

15.1813. 

Facilities Not to be Hazardous or Interfere. All wires, conduits, cable and other property and facilities of the Grantee shall be so located, constructed, installed and maintained as to not endanger or unnecessarily interfere with the usual and customary trade, traffic and travel upon the streets and public places of the City. Grantee shall keep and maintain all its property in good condition, order and repair. The City reserves the right hereunder to inspect and examine at any reasonable time and upon reasonable notice the property owned or used, in part, or in whole by the Grantee.

The Grantee shall keep accurate maps and records of all its facilities and shall furnish copies of such maps and records, as requested by the City under this Ordinance. The Grantee shall not place poles or other equipment where they will interfere with the rights or reasonable convenience of adjoining property owners or with any gas, electric or telephone fixtures, or with any water hydrants or mains. All poles or other fixtures placed in a Public Way shall be placed in the right-of-way between the Public Way and the property, as specified by the City.

15.1814. 

Movement of Buildings or Other Structures. Grantee shall, upon request by any Person holding a building moving permit or other approval by the City, temporarily remove, raise or lower its wires to permit the movement of buildings or other structures. The expense of such removal, raising or lowering shall be paid by the Person requesting same, and Grantee shall be authorized to receive such payment in advance. Grantee shall be given not less than ten (10) days written notice of any move contemplated to arrange for such temporary wire changes.

15.1815. 

Method of Installation. All wires, cables, amplifiers and other property shall be constructed and installed in an orderly and workmanlike manner. All cables and wires shall be installed parallel with existing telephone and electric wires wherever possible. Multiple cable configurations shall be arranged in parallel and bundled together with proper lashing or conduit, with due respect for engineering and safety consideration.

15.1816. 

Authority to Trim Trees. Grantee shall have the authority to trim trees upon and overhanging Public Ways and other public places of the City so as to prevent the branches of such trees from coming into contact with the wires and cables of the Grantee. All trimming is to be done under the supervision and direction of the City after the explicit, prior written notification and approval of the City, at the expense of the Grantee. The Grantee may contract for such services; however, any firm or individual so retained shall receive City approval prior to commencing such activity.

15.1817. 

Removal of Vegetation. Grantee shall not remove any tree, shrub, plant or vegetation on public property without first receiving written permission from the City. Any such work shall be performed at Grantee's expense and shall be subject to supervision by the City. Any cutting or removal of trees, shrubs, plants or vegetation on private property by Grantee shall not be performed without first receiving the written permission of the property owner.

Grantee shall be responsible for, shall indemnify, defend and hold harmless the City, its officers, agents and employees from and against any and all damages arising out of or resulting from the removal, trimming, mutilation or of any injury to any tree or trees proximately caused by the Grantee or its officers, agents, employees, contractors or subcontractors.

15.1818. 

Restoration of Property.

[Ord. 6400, amend S.15.1818(A), 10/6/1998]

A. 

Upon completion of construction, upgrade, installation, maintenance or repair of components of the Cable System or any Video Communications System on public or private property, Grantee shall, at its own expense, substantially restore said property to its original condition in a workmanlike and professional manner. In the event that said property is not restored to its original condition, the property owner shall have the right to restore said property and to assess the expense of restoration to the Grantee. Payment to the City or owner for such replacement or restoration shall be immediate, upon demand, by the Grantee. All requests for replacement or restoring of such Public Ways or private property must be in writing to the Grantee.

Where areas of grass have been disturbed, Grantee shall replace said affected grassy areas with sod, as soon as is feasible. Grantee shall be responsible for the initial maintenance of the sod, including watering and fertilization, and shall inform the property owner, in writing, of the proper care of the sodding and the owner's responsibility for ongoing maintenance of the sod. In the event that the sodded grass dies before the end of the first season, Grantee shall replace the sodded grass at his expense.

B. 

In the event that a Subscriber requests Grantee to remove cable home wiring from Subscriber's residence, Grantee shall pay for any damage caused by installation or removal of wiring, except that, Grantee shall not be responsible for repairing damage to exterior or interior walls, floors, paneling or siding. Grantee shall comply with the provisions of 47 CFR 76.802, concerning the disposition of cable home wiring.

15.1819. 

Street Occupancy.

A. 

Grantee's Cable System or any Video Communications System, including its poles, lines, equipment, structures and appurtenances shall be so located as to cause minimum interference with the proper use of streets and other Public Ways and the rights and reasonable conveniences of property owners who adjoin any of said streets or Public Ways. Grantee's Cable System or any Video Communications System shall not obstruct or interfere with the installation of any electric, telephone, gas, water or sewer facilities located within the City. The location of any portion of the Cable System or any Video Communications System, as described in this section, shall be placed as to not endanger or interfere with the health, safety or lives of Persons, and shall not interfere with improvements which the City of West Allis, Milwaukee County or the State of Wisconsin may deem proper to make.

B. 

In case of disturbance of any street or public way, Grantee shall, at its sole cost and expense, and in a manner approved by the City, replace and restore such area in as good as a condition as before the work involving such disturbance was done.

C. 

Aerial cable, which is placed over streets or public ways, shall be hanged at a height which is in accordance with the National Electrical Safety Code, as referred to herein.

D. 

Underground cable shall be buried at depths for trunk and feeder cable and service drops, in accordance with guidelines established by the National Electrical Safety Code, as referred to herein.

15.1820. 

Protection of Facilities. Nothing contained in this Section shall relieve any person, company or corporation from liability arising out of the failure to exercise reasonable care to avoid injuring the Grantee's facilities while performing any work connected with grading, regrading or changing the line of any public way or public place or with the construction or reconstruction of any sewer or water system.

15.1821. 

Notice of City Improvements. The City shall give the Grantee reasonable notice of plans for improvements of public ways where paving or resurfacing of a permanent nature is involved. The notice shall contain the character and nature of the improvements, the streets upon which the improvements are to be made, the extent of the improvements and the work schedule for the project. The notice shall give the Grantee sufficient time to make any additions, alterations or repairs to its facilities, as it deems necessary, in advance of the actual commencement of the work, so as to permit the Grantee to maintain continuity of service.

15.1822. 

Emergency Removal of Plant. If, at any time, in case of fire or disaster in the City, it shall become necessary in the reasonable judgment of the City to cut or move any of the wires, cables, amplifiers, appliances or appurtenances thereto of the Grantee, such cutting or moving may be done and any repairs rendered necessary thereby shall be made by the Grantee, at its sole expense, provided that such repairs are not necessitated by negligent act of the City, in which case, cost for repairs shall be borne by the City.

15.1823. 

Alternate Routing of Plant. In the event continued use of a Public Way is denied to the Grantee by the City for any reason, Grantee will make every reasonable effort to provide service over alternate routes.

15.1824. 

Construction Bond.

A. 

Upon grant of a Franchise upon which initial construction of a cable system is proposed, Grantee shall file and maintain with the City a construction bond in an amount and manner so specified in the Franchise Agreement.

B. 

Upon grant of a Franchise upon which upgrade of the Cable System or any Video Communications System is proposed, Grantee shall file and maintain with the City a labor and material bond in an amount so specified in the Franchise Agreement in such form, as the City may determine.

C. 

For any period of time other than reconstruction of the Cable System, an annual blanket bond in the amount of Fifteen Thousand Dollars ($15,000) shall be filed and maintained with the City. Such blanket bond is to cover any excavation, demolition or cutting into by Grantee any street or public way in the City for that calendar year, in such form as the City may determine.

15.1825. 

Construction Delays. At such time where Grantee is delayed in completing the construction of the Cable System, or in providing service to Dwelling Units, businesses, public buildings, institutions, schools or other properties, and such delay is beyond the physical or administrative control of the Grantee, Grantee shall notify the Franchising Authority of said delay within ten (10) calendar days from the occurrence of the delay, and shall indicate the cause or causes for the delay. Upon receipt of notification by the Grantee of the delay of service, the Franchising Authority and the Grantee shall agree to establish a date by which the delay shall end and construction or service shall resume. In the event that the delay continues beyond the control of Grantee, and extends beyond the agreed-upon date, the Franchising Authority and the Grantee may agree to establish a new date for resumption of construction or service. Delays in construction or service which extend beyond a final date agreed upon by Grantee and the Franchising Authority shall constitute a violation of the Franchise.

15.1826. 

Failures of Performance. In the case of a failure to perform within the material provisions of this Section, Franchising Authority shall consider such failures to perform as a material violation of the Franchise. The Franchising Authority shall provide Grantee with reasonable notice and opportunity to cure such violations; however, if Grantee fails to cure such violations after reasonable notice and opportunity have been provided, Franchising Authority may, at its option, consider Grantee to be in default of Franchise and initiate Franchise revocation proceedings, as described herein.

Ord. 6400, amend, 10/6/1998