§ 115.05 CONSTRUCTION PROVISIONS.
   (A)   Construction requirements.
      (1)   The grantee may make use of existing poles and other facilities available subject to the grantee’s obtaining any necessary consents for such use, and the grantee may also erect its own poles and install its own conduit, with approval of the county, which approval shall not be unreasonably withheld.
      (2)   All poles and conduit installed within the county shall be made available for attachment or use by the grantee, at just and reasonable rates applied to public utilities under the formula established in the Pole Attachment Act, 47 U.S.C. § 224 (which federal statute sets forth the formula for calculating various pole attachment rates).
      (3)   In case of new construction or property development where utilities are to be placed underground, the owner or developer shall give the grantee reasonable notice of not less than 30 days prior to such construction or development, and of the particular date on which open trenching will be available for the grantee’s installation of conduit, pedestals, vaults, and/or laterals, which facilities and equipment shall be provided at the grantee’s expense. The grantee shall also provide specifications as needed for trenching. The owner or developer shall not impose any charge or fee upon the grantee for the grantee’s installation in or use of such trenching.
   (B)   Construction codes and permits. The grantee shall obtain any required permits from the county before commencing construction involving the opening or disturbance of any public property. The county shall cooperate with the grantee and shall use its best efforts to issue promptly to the grantee such permits as may be required.
(Prior Code, § 64.005) (Ord. 89-15, passed 8-23-1989; Ord. 95-7, passed 4-19-1995; Ord. 95-6, passed 5-10-1995; Ord. 95-20, passed 12-13-1995; Ord. 2002-13, passed 6-12-2002)