(A) In addition to the limitations otherwise herein appearing, the franchise is subject to the following limitations: franchisees shall at all times during the life of a franchise hereunder be subject to all lawful exercise of the police power by the county and other duly authorized regulatory stale and federal bodies and shall comply with any and all ordinances which the county has adopted or shall adopt applying to the public generally, and shall be subject to all laws of the state and the United States.
(B) Time shall be of the essence of any franchise granted hereunder. Franchisees shall not be relieved of their obligations to comply promptly with a provision of this chapter by the failure of the county to enforce prompt compliance. Failure of the county to enforce any breach by the franchisee shall not constitute a waiver by the county.
(C) Any franchise hereunder shall not relieve a franchisee of any obligations under any preexisting pole or conduit use agreements it may have with the county, a utility company or others maintaining poles or conduits in the streets of the county.
(D) Any poles, cable, electronic equipment or other appurtenances of a franchisee to be installed in, under, over, along, across or upon a street shall be so located so as to cause minimum interference with the public use of the street and to cause minimum interference with the rights of other users of the streets or of property owners who adjoin any of the streets. All the installments in or upon property owned or controlled by the county shall be subject to the prior approval of the county.
(E) In the event of disturbance of any public or private property by a franchisee, it shall at its own expense and in a manner approved by the county, replace and restore the public and private property in as good a condition as before the work causing the disturbance was done.
(F) Franchisees shall construct, maintain and operate their cable telecommunications systems so as to cause minimum inconvenience to the general public. All excavations shall be properly guarded and protected and shall be required and the surface restored promptly after completion of the work at franchisee's sole cost and expense.
(G) The franchisee shall, upon reasonable notice from any person holding a building moving permit issued by the county, temporarily alter their facilities to permit the moving of the building. The actual cost of the altering shall be borne by the person requesting the altering and franchisees shall have the right to request payment in advance. For the purposes of this chapter,
REASONABLE NOTICE shall be construed to mean written notice received by the franchisee at least 72 hours prior to the move.
(H) If at any time in case of fire or disaster in the county it shall become necessary in the judgment of the County Manager or the Chief of the Fire Department or their designee to cut or move any of the wires, cables, amplifiers, appliances or appurtenances thereto of a franchisee, the cutting or moving may be done and any repairs rendered necessary thereby shall be made by franchisee at no expense to the county.
(Ord. passed 3-25-1996)