General Ordinances - City of New Buffalo

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CITY OF NEW BUFFALO CODE OF ORDINANCES Section 20-5. Change of ownership. The company shall not sell or transfer its system to another, nor transfer any rights under this franchise to another without approval by the City Council, provided that no sale or transfer shall be effective until the vendee, assignee, or lessee has filed with the appropriate office of the City, a written instrument, or instruments, properly executed, setting forth the terms and conditions of such sale, assignment or lease, the same to include an acceptance of the terms of this franchise and an agreement to perform all conditions thereof not less than ninety (90) days before such transfer or sale, approval or disapproval by the City shall not be unreasonably withheld. During such time period, the company shall continue to maintain quality service and perform in good faith in accordance with the terms of the franchise. The City Council shall treat any such transfer requests with due haste and care so as not to unnecessarily hinder the operations of the company and the Council shall determine approval or disapproval within ninety (90) days of said written notice. The provisions of this Section shall not apply to the collateral assignment of this franchise for financing purposes. Section 20-6. Construction and installation of system. Subject to the provisions and restrictions of this franchise and this Code or any other ordinance of the City, the company shall have the right to: (1) Construct, erect, operate, and maintain in, upon, along, across, above, over, and under the public ways, poles, cables, underground conduits, manholes, and other conductors and fixtures necessary for the maintenance and operation of a C.A.T.V. system within the City. (2) Lease, rent, or in any other lawful manner, obtain the use of towers, poles, lines, cables, and other equipment and facilities from any and all holders of public licenses and franchises within the limits of the City including but not limited to Ameritech and Indiana and Michigan Electric Company, and to use company's distribution system shall be those erected and maintained by Ameritech, Indiana and Michigan Electric Company, or any others, or the City, when and where applicable, providing mutually satisfactory rental arrangements can be entered into with said utilities or City. (3) No tower shall be placed or constructed without the prior approval of the City. Section 20-7. Conditions on public way occupancy. A. All transmissions and distribution structures, lines, and equipment erected by the company within the City shall be so located as to cause minimum interference with the rights and reasonable convenience of property owners who adjoin any of the said public ways. B. In case of disturbances of a public way or paved area, the company shall, at its own cost and expense, replace and restore such public way or paved area in as good a condition as it was in before the work involving such disturbance was done. C. If, at any time during the period of this franchise, the City shall lawfully elect to alter or change the grade or any public way, the company, upon reasonable notice by the City, shall remove and relocate its poles, wires, cables, underground conduits, manholes, and other fixtures at its own expense. D. Any poles or other fixtures placed in any public way by the company shall be placed in such a manner as not to interfere with the usual travel on such public way. E. The company shall, upon request of any person holding a building-moving permit issued in the City, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary raising or lowering of wires shall be paid by the person requesting the same, and the company shall have the authority to require such payment in advance. The company shall be given not less the forty-eight (48) hours advance notice to arrange for such temporary wire changes. The City or any other non-profit organization, including historical societies, shall be exempt from any charges. Chapter 20- UTILITY FRANCHISES 20-8
CITY OF NEW BUFFALO CODE OF ORDINANCES F. The company shall, after giving notice to the City, have the authority to trim trees upon and hanging over public ways and places in the City so as to prevent the branches of such trees from coming in contact with the wires and cables of the C.A.T.V. system. G. In all sections of the City where all existing cable or other like facilities of utility companies are presently or subsequently placed underground, the company shall place its cables or other like facilities underground. Section 20-8. Safety requirements. A. The company 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 company shall install and maintain its cables, fixtures, and other equipment in accordance with all applicable federal, state, and local laws, ordinances, codes, rules, and regulations, 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 and all lines, equipment, and connections in, over, under, and upon the public ways or places in the City, wherever situated or located, shall at all times be kept and maintained in a safe, suitable condition and in good order and repair. Section 20-9. Erection, removal, and common use of poles. A. Poles or other wire holding structures shall be erected by the company only with prior approval of the City Council. B. Where a public utility serving the City desires to make use of the poles or other wire holding structures of the company, but agreement therefore with the company cannot be reached, the City may require the company to permit such use for reasonable and just compensation, provided that such use would not unduly interfere with the company's operation. Section 20-10. Rights reserved to the City. A. The City shall have the right to install and maintain free of charge upon the poles and cables of the company any wire and pole fixtures necessary for a police or fire alarm system, on the condition that such wire or pole fixtures do not interfere with the C.A.T.V. operation of the company, and that such installation shall be installed in a safe manner, in conformance with state and City regulations. B. At the expiration of this franchise or upon its revocation, as provided for herein, the City shall have the right to require the company to remove, at its own expense, all portions of the C.A.T.V. system from all public ways and places within the City. Section 20-11. Maps, plats, and reports. The company shall, on or before the first (1st) day of April of each year, file with the City Clerk, true and accurate maps or plats showing the location of all existing cables, whether leased or owned outright. Attached to such maps or plats shall be a list by address of current subscribers. Chapter 20- UTILITY FRANCHISES 20-9
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General Ordinances - City of New Buffalo

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