09/28/98 Board of Public Works Minutes

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REGULAR MEETING SEPTEMBER 28 1998 compatible with .dwg files. ■ All structures and lines, equipment and connections, located in the public rights -of - way shall at all times be kept and maintained in a same condition and in good order and repair. ■ TCI agreed to promptly replace and restore the rights -of -way to the same condition or better which existed immediately prior to doing work in the right-of-way. ■ TCI agree to relocate, at its expense, its facilities in the rights -or -way, when requested by the City. • TCI agreed to compensate the City for trees and shrubbery it damages when trimming such trees and shrubbery interfering with its system, or replace the trees. TCI also agree to obtain a permit to remove a tree from the Department of Parks Forester. ■ TCI agreed when adding new facilities, underground facilities are preferable to placing additional poles. ■ Customer Service. The Franchise Agreement establishes 1) a complaint procedure for receiving and acting upon and resolving subscriber complaints, and 2) customer service guidelines. ■ Service to public buildings TCI agreed to provide, upon request and without charge, one outlet of basic service to fire stations, the police station and schools located within 150 feet, or 300 aerial feet of its cable system. In addition to the free provision of basic cable service, TCI also agreed to make available production equipment to be used for public, educational and governmental cablecast programming. ■ Schools. TCI agreed to install one outlet for digital service to schools at the rate in effect for residential service, and provide "Cable in the Classroom" subscriptions to schools as long as the program is available. ■ Emergency Use TCI agreed to provide emergency broadcasts for the City in the event it becomes necessary due to a threat to the public. ■ Public Access. TCI agreed to make 1 channel available for public, educational and governmental cablecast programming. ■ Commitment !QN-Pgrade. TCI agreed to rebuild the existing cable system to be capable of transmitting a minimum of 100 channels within 3 years. ■ Mayor's Night Out TCI agreed to provide a representative, upon request, to attend Mayor's Nights Out. ■ Franchise Fee. TCI agreed to give the City an annual payment 5% of its gross revenue. ■ Bookkeeping. TCI agreed to provide to the City a copy of its annual reports to its stockholders, an income statement applicable to its operations under the Franchise Agreement, and a balance sheet as of the beginning of the fiscal year. TCI also agreed to allow the City to conduct an audit of its books and records. ■ Audit. The City negotiated the right to audit TCI. ■ Indemnification. TCI agreed to indemnify the City against any liability for damages arising out of TCI's construction, operation or maintenance of its cable system.