Sec. 710.105. - Installation of system.

(a) The Franchisee shall obtain a permit from the Director of Public Works and give written notice of proposed construction within the time frame required by City code and regulations prior to the construction so as to coordinate all work between the City and the Franchisee. The Director of Public Works shall have the right to inspect all construction or installation work performed by the company in the streets with prior notice to Franchisee and with a representative of Franchisee present, and to make such periodic inspections as the City deems necessary to ensure compliance with the terms of its franchise and other pertinent provisions of law. Such inspections shall be performed in a manner so as to avoid interference with a Franchisee's construction activities and with the delivery of services to customers. (b) A Franchisee shall, at its expense, protect, support, temporarily disconnect or relocate in the same street or other public place any property of the Franchisee when required by reason of traffic conditions, public safety, street closing, street construction, change or establishment of street grade, installation of sewers, drains, construction of buildings owned by the Consolidated Government, including without limitation its agencies and officers, water pipes, power or signal lines owned by the Consolidated Government, including but not limited to the JEA, unless such request is by a utility or other cable or telephone provider for the purpose of installing facilities to compete with the services offered by a Franchisee, and further provided that if federal or State funds are available to any person impacted by the change for the purpose of defraying costs related thereto, the City will assist Franchisee in applying for such funds. (c) Nothing in this Chapter or any franchise granted hereunder shall authorize the Franchisee to erect and maintain new poles where existing poles are servicing the area, provided the Franchisee can obtain access on existing poles upon reasonable terms and at reasonable prices. The Franchisee shall obtain permission from the City's Director of Public Works before erecting any new poles or underground conduit at the time the Franchisee seeks to install its network. (d) All wires, conduits, cables and other property and facilities of the Franchisee shall be so located, constructed, installed and maintained as not to endanger or unnecessarily interfere with the usual and customary traffic and travel upon the streets and public places of the City. The Franchisee shall keep and maintain all of its property in good condition, order and repair. The Franchisee shall keep accurate maps and records of all its facilities. Upon request, Franchisee shall provide strand and trench maps showing the location of its strand, trenches and vaults but which need not disclose the type or location of particular electronics. The Franchisee shall not place poles or other equipment where they will interfere with the rights of property owners, with gas, electric or telephone fixtures or with water hydrants or mains or existing or planned construction by the Consolidated Government or its agencies or officers. (e) Nothing contained in this Section shall relieve any person from liability arising out of the failure to exercise reasonable care to avoid injuring the Franchisee's facilities while performing work connected with grading, re-grading or damaging the line in a street or public place with the construction or reconstruction of a sewer or water system or any other utility or City work. (f) The City shall give the Franchisee reasonable notice of plans for street improvements where paving or resurfacing of a permanent nature is involved. The notice shall describe the nature and character 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 Franchisee 30 days to make any additions, alterations or repairs to its facilities, so as to permit the Franchisee to maintain continuity of service. If the Franchisee shall fail, refuse or neglect to comply promptly, upon seven days notice, the City may make the changes in the Franchisee's facilities at the Franchisee's cost and the City shall not be liable to the Franchisee for damages resulting from the removal, alterations or relocation. All costs in connection therewith shall be paid by the Franchisee within 30 days from receipt of the invoice therefor, with interest accruing at the legal rate thereafter. (g) The Franchisee shall, on the written request of any person holding a building moving permit, temporarily raise or lower its wires to permit the moving of the building. The expense of temporary removal or raising or lowering of wires shall be paid by the person requesting it and the Franchisee may require payment in advance. The Franchisee shall be given not less than ten days' notice of a contemplated move to arrange for temporary wire changes. (h) The Franchisee shall have the authority to trim trees upon and overhanging streets, alleys, sidewalks and other public places of the City so as to prevent the branches of the trees from coming in contact with its wires and cables. All trimming is to be performed in accordance with Section 656.1206 (e), Ordinance Code. Consequently, the Franchisee is required to obtain an annual permit from the City for this trimming effort. The annual permit carries no fee to the City but requires the submission of an operational manual, procedures and/or standards for the trimming and must receive approval from the Building Inspection Division Chief. In the event of an emergency, such as storm damage to trees near the cable system, Franchisee may trim trees without advance notice to the minimum extent required to alleviate the threat. The Franchisee may contract for this service; however, a firm or individual so retained shall receive written City approval prior to commencing this activity. Nothing herein waives or modifies the requirement for the Franchisee to obtain any necessary permits or licenses. (Ord. 2003-188-E, § 1)