§ 15-69. Conditions of street occupancy.

(a)

The county grants to the grantee the right to use all public ways owned by the county for the purpose of installing cable television structures, lines, equipment and facilities, so long as such use is consistent with the legal rights owned by the county and the requirements of this article. Prior to installing any such structures, lines, equipment and facilities the grantee shall notify the county department of utilities of its plans. The department of utilities may require modifications to the plans which will protect existing utilities.

(b)

The grantee shall use existing poles, conduits and other facilities whenever possible, and all transmission and distribution structures, lines and equipment erected by the grantee within the county shall be located to cause minimum interference with the use of streets, and to cause minimum interference with property owners who adjoin such streets.

(c)

Whenever the county requires the relocation or reinstallation of any property of the grantee in any public way within the county, the grantee shall, upon notice of such requirement and as soon as reasonably possible, remove and relocate or reinstall such property as may be reasonably necessary to meet the requirements of the county. Such relocation, removal or reinstallation by the grantee shall be performed within a reasonable period of time and at the sole cost of the grantee.

(d)

Whenever the grantee refuses to allow the county or a public utility serving the county to use the poles or other wire-holding structures of the grantee, the board may require the grantee to permit such use for reasonable consideration if the board determines that the use would enhance public convenience and would not unduly interfere with the grantee's operations.

(e)

Wherever all electrical and telephone utility wiring is located underground, either at the time of initial construction or subsequently, the grantee's cable shall also be located underground, at the grantee's own expense.

(f)

The grantee shall, at its own expense and in a manner approved by the county, restore to county standards and specifications any damage or disturbance caused to the public way as a result of its operations or of construction on its behalf. The grantee shall guarantee and maintain such restoration for a period of one year against defective materials or workmanship. If the public way is not restored to the county's reasonable satisfaction, the county shall have the right to have such work performed and charge all reasonable costs to the grantee.

(g)

In case of fire or other disaster, when it becomes necessary in the judgment of the chief of the fire and EMS department or the chief of the police department to remove or damage any of the grantee's facilities, no charge shall be made by the grantee against the county for restoration and repair.

(h)

The grantee shall have the authority to trim trees on public property at its own expense when necessary to protect its wires and facilities, subject to the supervision and direction of the county. The grantee shall obtain the written consent of the county before trimming any trees within rights-of-way.

(Code 1978, § 7-29; Ord. of 6-26-19(1), § 1)

(Code 1978, § 7-29; Ord. of 6-26-19(1), § 1)