Title 13 - Streets and Sidewalks

13.50.220 Rights-of-Way Ordinance.

To the extent not inconsistent with Code Section 13.50.110(e), a Franchisee shall be subject to and comply with the additional or supplementary terms and conditions of the "ROW Ordinance," as may be amended from time to time, which is incorporated herein by reference and such provisions and the provisions of this Code shall be deemed a condition of any Franchise. The provisions of this Article 3 shall apply as provided herein to Franchisees, and to the full extent permitted by law, additionally to all construction activities in public utility easements.

(History: Ord. CaSC-2293 §1, 2001)

Effective on: 1/1/1901

13.50.230 Exclusion of Certain Locations/Facilities.

Prior to its installation of any Facilities in the Rights-of-Way and after it provides the City with its proposed plans for the Facilities, the City may in its discretion designate certain locations or facilities in the Rights-of-Way to be excluded from use by Franchisee for its Facilities, including, but not limited to, ornamental or similar specially-designed street lights, or other facilities or locations which, in the reasonable judgment of the City Engineer do not have electrical service adequate or appropriate for the Franchisee's Facilities or cannot safely bear the weight or wind loading thereof, or any other facility or location that in the reasonable judgment of the City Engineer is incompatible with the proposed Facilities or would be rendered unsafe or unstable by the installation. The City Engineer may further exclude certain other facilities that have been designated or planned for other use or are not otherwise available for use by Franchisee due to engineering, technological, proprietary, legal, or other limitations or restrictions as may be reasonably determined by the City Engineer. In the event such exclusions conflict with the reasonable requirements of the Franchisee, the City will cooperate in good faith with Franchisee to attempt to find suitable alternatives, if available, provided that the City shall not be required to incur financial cost nor require the City to acquire new locations for Franchisee. All such determinations shall be in writing and appealable to the City Manager as provided in the ROW Ordinance.

(History: Ord. CaSC-2293 §1, 2001)

Effective on: 1/1/1901

13.50.240 Location of Facilities Subject to Approval.

The location of all Facilities shall be subject to the reasonable review of the City Engineer. The location of pedestals, vaults, nodes or ground mounted Facilities, including backup power supplies, to the extent permitted pursuant to the City's ROW Ordinance, and other applicable permitting/zoning requirements shall be provided to the City Engineer for review at least fifteen days in advance of actual construction. The City shall work with the Franchisee to identify possible alternate locations for placement of such facilities. Unless specifically authorized herein or otherwise by the City, antennae or antennae structures having a height of forty (40) feet or greater located on the Rights-of-Way, or any antennae on other City owned or controlled property, shall not be authorized by a Franchise, but shall require a separate Lease or Use agreement with the City. Antennae shall be permitted pursuant to a Franchise only on existing structures requiring no substantial modification and subject to approval of the City Engineer, including as to location and design. City height limitations, applicable zoning restrictions, and general city policies with regard to all users of the Rights-of-Way shall also be applicable to all Facilities. The City Engineer may establish such regulations or policies as may be deemed necessary or appropriate to effect this provision.

(History: Ord. CaSC-2293 §1, 2001)

Effective on: 1/1/1901

13.50.250 Erection of Poles Prohibited.

Franchisee shall not erect, for any reason, any pole on or along any Rights-of-Way in an existing aerial utility system where poles are otherwise available on terms and conditions that are reasonable under applicable FCC or KCC standards, not including authorized service drop poles. Franchisee may obtain the lease of pole space and facilities from the existing utility pole owners. If additional poles in an existing aerial route are required, Franchisee may negotiate with the utility for the installation of the needed poles, provided, however, that Franchisee may not install its facilities on any such utility facility if the utility has not obtained all requisite authorizations from the City.

(History: Ord. CaSC-2293 §1, 2001)

Effective on: 1/1/1901

13.50.260 Facilities Requirements; Planned Infrastructure.

1. A.
   Prior to constructing any new or additional conduit within a high density corridor, as currently designated by the City Engineer, Franchisee shall make a good faith effort to ascertain whether existing or planned conduit exists that the Franchisee could reasonably utilize to meet its needs.  Provided, however, if during the term of this Franchise the City adopts a generally applicable ordinance requiring all users of the Rights-of-Way to provide mapping of reserve conduit that prior to constructing any new conduit Franchisee will be required to certify in writing to the City Engineer that it has made appropriate inquiry to all existing utilities and other entities possessing a right to occupy the Rights-of-Way as to the availability of existing or planned conduit that the Franchisee could reasonably utilize to meet its needs, and that no such conduit is available or planned within the near future at a reasonable cost.
2. B.
   Upon a determination that no such conduit is available, Franchisee may install new conduit pursuant to the following requirements:

   1. 1.
      Unless otherwise provided under the rules and policies adopted pursuant to of the ROW Ordinance, a Franchisee shall provide written notification of the proposed construction activity to all existing utilities, Franchisees, and other known service providers who shall have twenty-one (21) days from the receipt of such notification to indicate in writing to the City and the Franchisee as to whether they desire to jointly undertake the construction of such conduit or otherwise co-locate their facilities at such time. Any utility or Franchise holder electing to jointly construct or co-locate its facilities with that of Franchisee shall share in the pro-rata costs of such construction or co-location of facilities reasonably incurred by Franchisee and shall participate in the project on reasonably the same time schedule established by the Franchisee unless opposed by the City. The City Engineer will work with Franchisee in developing the process for these notification requirements.
   2. 2.
      When a Franchisee installs any new trench and/or conduit within a designated high-density corridor, the Franchisee shall at the request of the City Engineer to enable collocation by City or other entities, install sufficient additional space and/or conduit or other related facilities (“Excess Conduit”) to meet the City’s planned infrastructure needs and needs of other entities planning development of facilities in the area. Such Excess Conduit, unless otherwise mutually agreed in writing, shall be owned by the City, and the City shall reimburse the Franchisee in the amount of the incremental cost of the labor and material of installing the excess conduit simultaneous with the Franchisee’s conduit. Such reimbursements are subject to review and approval by the City, and unless otherwise agreed to by the City, shall be paid in the form of credits or offsets to Franchise Fees due the City from Franchisee, taking into account the time value of money, distributed to Franchisee over not more than 60 equal monthly credits. The specific payment mechanisms will be set out in the Franchise Agreement or other separate agreement. In no event shall such monthly credit ever exceed the Franchise Fee due. If the City and Franchisee agree to alternative terms in which the Franchisee retains ownership of the excess conduit, the Franchisee shall be obligated to make such conduit and/or trench space available to any other user of the Rights of Way on a nondiscriminatory and competitively neutral basis at not more than the pro rata cost of that portion of the Excess Conduit, determined by the total labor and material cost of all Facilities at that location, plus interest at the prevailing market rate. Neither Franchisee nor its Affiliates shall be entitled to use such Excess Conduit owned by Franchisee without notice to and consent of the City Engineer on a determination that such conduit is not needed for current or future use by other Franchisees. All City use of the Excess Conduit shall be at no additional cost to the City. In the event the City leases or sells Excess Conduit acquired pursuant to this subsection to any third party, it shall require payment of at a minimum the pro rata cost of the Excess Conduit.
   3. 3.
      Such requirements or policies as may be adopted by the City to implement these provisions shall be administered and applied on a competitively neutral and nondiscriminatory basis to maximize the available space in the Rights-of-Way and to minimize the total number of excavations and cost of total communications infrastructure installation.

(History: Ord. CaSC-2293 §1, 2001)

Effective on: 1/1/1901

13.50.270 Use of Facilities by Others; Required Terms.

If any Franchisee chooses to make its poles and or conduits physically available for use by any other Person it shall do so only under terms that are fair and reasonable.

(History: Ord. CaSC-2293 §1, 2001)

Effective on: 1/1/1901

13.50.280 Removal and Relocation of Facilities.

Facilities shall be removed or relocated on request of the City at Franchisees’ cost as may be more specifically provided in the ROW Ordinance.

(History: Ord. CaSC-2293 §1, 2001)

Effective on: 1/1/1901

13.50.290 Franchisee Responsible for Costs.

To the extent consistent with the federal Cable Act, the Franchisee shall be responsible for all reasonable costs borne by the City that are directly associated with Franchisee’s installation, maintenance, repair, operation, use, and replacement of its Facilities within the Rights-of-Way, that are not otherwise accounted for as part of the permit fee established pursuant to the ROW Ordinance. Such costs shall not include costs related to the administration of the franchise nor inspection, compliance or enforcement actions on the part of the City. All costs shall be itemized and the City's books and records related to these costs shall be made available upon request to the Franchisee. Franchisee shall be responsible for its own costs incurred removing or relocating its Facilities when required by the City due to City requirements relating to maintenance and use of the Rights-of-Way for City purposes.

(History: Ord. CaSC-2293 §1, 2001)

Effective on: 1/1/1901