Ordinance - #01-03 - 02/13/2001 - Laserfiche WebLink

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4.5.3 4.5.4 4.5.5 Grantee demonstrates to the City's satisfaction that a waiver of this requirement is justifled due to extraordinary circumstances: 4.5.2.1 the new Subscriber requesting service is located 150 feet or less from the termination of the Cable System; and 4.5.2.2 the area of the City in which the new Subscriber resides has a density of at least thirty-five (35) dwelling units per mile of feeder cable, excluding Drop footage, when aerial construction is required for an extension, and at least forty (40) dwelling units per mile of feeder cable, excluding Drop footage, when underground construction is required for an extension. All areas that reach the applicable density requirement at any time during the Franchise term shall be provided service upon reaching the minimum density. The City, for its part, shall facilitate the extension of service by requiring developers and utility companies to provide the Grantee with at least fifteen (15) days advance notice of an available open trench for the placement of necessary cable, but in no event shall the City have any liability for its failure to require any Person to provide notice, or for any developer's or utility company's failure to provide advance notice hereunder. In the event that the requirements set forth in subsection 4.5.2 are not met, Persons requesting service can be required to bear the remainder of the total construction costs on apro rata basis. 4.5.3.1 The "total construction costs" are defined as the Actual Cost to construct the entire extension including electronics, pole make-ready charges, and labor, but not the cost of the house Drop. 4.5.3.2 In the event the number of Subscribers in a particular area of the City reaches the density specified in Section 4.5.2.2 within three (3) years from the date construction of the extension is completed, the Grantee shall return to the then existing Subscribers, pro rata, the full amount of their contributions for the extension. Irrespective of the density requirements set forth in this Section 4.5, the Grantee shall continue to offer Service to all dwelling units serviceable prior to the System Upgrade. The Grantee shall be given a reasonable period of time to construct and activate cable plant to service annexed or newly developed areas, but in no event shall the applicable timeframe exceed twelve (12) months from notice thereof by the City to Grantee, and qualification of the area requesting service pursuant to Section 4.5.2.2. 23