6-4-7: SYSTEM CONSTRUCTION AND EXTENSION:

   A.   The grantee is hereby authorized to extend the system within the franchise area to the extent that such extension is or may become technically and economically feasible.

   B.   Wherever the grantee shall have received written requests for service from at least ten (10) subscribers within one thousand six hundred twenty five (1,625) cable meters (5,280 cable feet) of its aerial trunk cable, or from at least fifteen (15) subscribers within one thousand six hundred twenty five (1,625) cable meters (5,280 cable feet) of its underground trunk cable, it shall extend its system to such subscribers solely for the usual connection and service fees for all subscribers.

The one thousand six hundred twenty five meters (1,625 m) shall be measured in extension length of grantee's cable required for service located within the public way or easement and shall not include length of necessary drop to the subscriber's home or premises.

   C.   No person in the grantee's service area shall be arbitrarily refused service; but in recognition of the capital costs involved in unusual circumstances, including, without limitation, instances when the distance from distribution cable to connection of service to subscribers is more than forty five meters (45 m) (150 cable feet) or when a subscriber density exists less than the density specified hereinabove, service may be made available on the basis of costs of materials, labor and easements, in order to prevent inequitable burdens on cable subscribers in more densely populated areas.

   D.   For all residential structures hereinafter erected which are to be served by underground utilities, the developer of the subdivision or development may acquire CATV service or video service for the development under the following conditions; but otherwise the grantee shall not be obligated to construct a CATV system or video service system in such new development: Developer shall perform all trenching and backfilling necessary for the provision of cable television service, or video service, including furnishing of any imported backfill material required, and will furnish and install for the grantee any necessary distribution conduit and substructures, including pedestals, required in accordance with the grantee's plans and specifications. Developer may enter into a written agreement with the grantee whereby such costs may be reimbursed to the developer by grantee at the rate of fifty percent (50%) of basic subscriber revenues generated from the CATV service or video service supplied within the development over a period not to exceed three (3) years.

In addition to providing plans and specifications to the developer, the grantee shall inspect the facilities required hereunder, and certify to the city prior to final approval of the subdivision or development that the facilities required herein are properly installed. The city shall have the right to review and require its approval of the maps and specifications provided by the grantee. The cost of the portion of an extension to a subdivision or development from the grantee's existing facilities in excess of sixty meters (60 m) (200 feet) outside the boundaries of the subdivision or development shall be borne by the developer. Facilities installed hereunder shall be owned, operated, and maintained by the grantee. (Ord. 676, 9-25-2012)