§ 1-10-180. Conditions on use of streets; maintenance; pole use.

(a)

Use of streets, etc. All transmission and distribution structures, lines and equipment erected by the franchised cable operator within the county shall be so located as to cause minimum interference with the proper use of streets, alleys and other public ways and places and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin any of said streets, alleys or other public ways and places.

(b)

Restoration of surfaces. In case of any disturbance of pavement, sidewalks, driveways or other surfacing, the franchised cable operator shall, at its own expense and in a manner approved by the county, replace and restore such places so disturbed in as good condition as before such work was commenced and shall warrant its workmanship and materials for the full period of one (1) year after completion of the restoration.

(c)

Change of grades. In the event that any time during the term of the franchise the county shall lawfully elect to alter or change the grade of any street, alley or other public way, the franchised cable operator, upon reasonable notice by the county, shall remove, relay and relocate its equipment at its own expense.

(d)

Protection of utility equipment. The franchised cable operator shall not place any fixtures or equipment where the same would interfere with any gas, electric, telephone or sewer drainage or water lines, fixtures and equipment. The location by the franchised cable operator of its lines and equipment shall be in such manner as not to interfere with the usual travel on said streets, alleys and public ways and the use of the same by gas, electric, telephone and water drainage and sewer lines and equipment, and such fixtures and equipment of the franchised cable operator shall be kept at all times in safe condition and good repair.

(e)

Protection of the public. The franchised cable operator or any person erecting, constructing or maintaining any of the property used by or for the franchised cable operator shall at all times employ due care or the highest degree of care required by the law under the facts and circumstances and shall maintain and install the property of the franchised cable operator in accordance with commonly accepted methods and practices so as to prevent failures and accidents likely to or which may tend to cause damage, injury or nuisance to the public.

(f)

Electrical standards. All cable television facilities shall conform at least to the standards of the National Electrical Code of the National Fire Protection Association, as amended in section 3-2-142 of this Code, or the latest edition thereof at the time any such facility shall be installed or replaced. However, nothing shall prohibit more stringent and rigid requirements being imposed on the franchised cable operator either by the county through an ordinance or by an agreement between the franchised cable operator and the county.

(g)

Damage to public property. Whenever the franchised cable operator or any person on its behalf shall cause any injury or damage to any public property or street by or because of the installation, maintenance or operation of the cable television facilities, such injury or damage shall be promptly remedied in such fashion as directed by the county engineer unless ordinances of the county shall make other provisions therefor.

(h)

Moving of buildings. The franchised cable operator shall, on the request of the county, temporarily raise or lower any overhead cable wires to permit the moving of buildings. In the event this request is made by a person other than the county, such person shall bear the expense of such temporary removal.

(i)

Public property. Nothing in this article or in the franchise shall grant to the franchised cable operator any right of property in county-owned property or public rights-of-way as described elsewhere in this article, nor shall the county be compelled to maintain any of its property or such public rights-of-way any longer than or in any fashion other than in the county's judgment its own business or needs may require. In addition, the franchised cable operator shall not be entitled to any compensation or damages from the county as a result of having to remove or relocate its property, lines and cables from such public property or public rights-of-way in the event the county determines that a necessity exists for such removal or relocation.

(j)

Agreements with other persons. The county shall not be required to assume any responsibility for the securing of any rights-of-way or easements, nor shall the county be responsible for securing any permits or agreements with other persons or utilities.

(k)

Trimming trees. The franchised cable operator shall have authority to trim the trees upon and overhanging the public streets so as to prevent branches of such trees from coming in contact with the wires and cables of the franchised cable operator.

(l)

Utility poles. Whenever the circumstances are such that the franchised cable operator must use overhead cable rather than underground cable, it shall, whenever possible and practical, use the poles owned and maintained by utility companies which serve the county. When the use of such poles is not practical or satisfactory and rental agreements cannot be entered into with such companies, the franchised cable operator shall have the right to erect and maintain its own poles as may be necessary for the proper construction and maintenance of the television distribution system subject to permit.

(m)

Underground facilities. Without regard to the housing and densities of customers who elect to receive cable television in all sections of the county where the cables, wires or other like facilities of public utilities are presently placed underground, the franchised cable operator shall place its cables, wires or other like facilities underground to the maximum that technology reasonably permits the franchised cable operator to do so.

(n)

County's use of poles, conduits. The county shall have the right to make additional use for any public or county purpose of any poles or conduits controlled or maintained exclusively by or for the franchised cable operator in any street, provided such use by the county does not interfere with the use by the franchised cable operator.

(Ord. No. 97-023, § 1, 4-22-97)