§ 30-81. Construction of system.

(a)

Generally. Except for individual service drops, a grantee shall not erect any pole, run any line, make any attachment or construct any part of a grantee's cable system without the prior approval of the county engineer, which approval shall not be unreasonably withheld.

(1)

Use of existing poles; installation of new poles or conduits. To the extent possible, the grantee shall make attachments to poles already in existence within the county. To the extent that existing poles are insufficient for its purpose, or if the grantee is unable to negotiate agreements satisfactory to it providing for use of existing poles, the grantee shall have the right to erect and maintain its own poles, or underground conduits, as necessary, for the construction and maintenance of its cable system, subject to the approval by the county engineer as to location of such poles or underground conduits. The county can only grant the franchise for poles or underground conduit within dedicated public rights-of-way that have been accepted by the county.

(2)

Use of poles and towers owned by county. The grantee shall, with prior written approval of the county engineer and at the grantee's expense, have the privilege of attaching any of its system facilities to any existing or future poles, towers or other electrical facilities owned by the county, in a manner which will not interfere with the use of such poles, towers and other electrical facilities by the county.

(3)

Trimming trees. The grantee shall, with the prior approval of the county engineer and at the company's expense, have the authority to trim trees upon and overhanging all streets, alleys, easements, sidewalks and other public places within the county so as to prevent the branches of such trees from coming into contact with the facilities of the grantee. The grantee must obtain permission of owners of private property if the trees are located thereon or under private ownership.

(4)

Location of facilities. The grantee shall file with the county engineer for approval plans and specifications for the location or relocation of all facilities located within the county, and such approval shall not be unreasonably withheld. The facilities shall be so located or relocated and so erected or installed as not to obstruct or interfere with the use of streets, alleys, easements and other public ways and places, or other utilities or structures already installed or hereafter to be installed, subject at all times to the lawful police power of the county.

(5)

Repair of pavement. In case of any disturbance of pavement, sidewalk, driveway or other surface, the grantee shall, at its own expense, upon completion of such construction, repair or installation of any of its facilities, remove, replace and restore all pavement, sidewalks, driveways or surface so disturbed in as good condition as they were before the work was commenced. Such work shall be approved by the county engineer. The grantee shall provide a bond prior to its disturbance of pavement, sidewalks, driveways or other surface for an amount equal to the cost of the restoration of said disturbance. The bond shall be approved by the county engineer before construction is begun by the grantee. Any unreasonable obstruction of any street, alley, avenue, bridge, easement or other public place or way of the county not removed by the grantee after written notice of two days by the county demanding repair thereof may be removed or repaired, as the case may be, by the county; and the reasonable cost thereof, plus ten percent of such cost for administration and engineering expenses, shall be charged against the grantee and shall be collectible by the county in any lawful manner; and all costs and reasonable attorney's fees incurred by the county in such enforcement shall be paid by the grantee to the county.

(b)

Coordination with utility services. A grantee shall at all times during the term of its franchise conduct its installation and repair procedures in a manner calculated to minimize the disruption of telephone, electric, gas, water, sewer, cable systems or other utility services. The grantee must provide reasonable notice to other utility and cable systems so existing systems can be marked. The provisions of this subsection are binding upon a grantee and all agents, employees and independent contractors of a grantee involved in the construction, operation or maintenance of a grantee's cable system.

(c)

Protection of persons and property. In constructing, maintaining and operating a cable system, a grantee shall ensure:

(1)

That the safety, functioning and appearance of the property and the convenience and safety of other persons are not adversely affected by the installation or construction of the facilities necessary for the grantee's cable system; and

(2)

That the owner of property be fully and promptly compensated by the grantee for any damages caused by the grantee in the installation, construction and maintenance of the grantee's cable system.

(d)

Relocation of facilities. If, during the term of a franchise, the county elects to alter or modify the grade or use of any street, right-of-way, alley, public way or public place, a grantee, upon reasonable notice by the county, shall remove or relocate the affected facility or equipment at the grantee's expense.

(e)

Temporary moving or removal of wires or equipment. A grantee shall, at the request of the county, temporarily raise, lower or remove any overhead wires, cable or equipment to permit the moving of buildings or other structures. The actual expense for the temporary moving or removal shall be paid by the person moving the building or structure.

(Ord. No. 88-10, § 13, 5-19-88)