(A) Underground installation. All installations shall be underground in those areas of the county where public utilities providing telephone and electric service are underground at the time of installation. In areas of the county where either telephone or electric utility facilities are above ground at the time of installation, grantee may install its service above ground, provided that at such time as those facilities are required to be placed underground by the county or are placed underground, the grantee shall likewise place its services underground without direct additional cost to the county or to individual subscribers so served within the county. Where not otherwise required to be placed underground by this chapter or the franchise, the grantee's system shall be located underground at the request of the adjacent property owner, provided that the excess cost over the aerial location shall be borne by the property owner making the request. All cable passing under the roadway shall be installed in conduit.
(B) Approvals. Prior to construction or alteration, however, the grantee shall in each case file plans with the appropriate county agencies, complete use agreements with the utility companies, obtain all construction permits and receive written approval of the county before proceeding, which approval shall not be unreasonably withheld.
(C) Interference with persons, improvements, public and private property and utilities. The grantee's system and facilities, including poles, lines, equipment, and all appurtenances, shall be located, erected, and maintained so that such facilities shall:
(1) Not endanger or interfere with the health, safety, or lives of persons;
(2) Not interfere with any improvements the county, city, or state may deem proper to make;
(3) Not interfere with the free and proper use of public streets, alleys, bridges, easements, or other public ways, places, or property, except to the minimum extent possible during actual construction or repair;
(4) Not interfere with the rights and reasonable convenience of private property owners, except to the minimum extent possible during actual construction or repair; and
(5) Not obstruct, hinder, or interfere with any gas, electric, water, or telephone facilities, easements, property rights, or other utilities facilities' easements located within the county.
(D) Restoration to prior condition. In case of any disturbance of pavement, sidewalk, driveway or other surfacing, the grantee shall, at its own cost and expense and in a manner approved by the county, replace and restore all paving, sidewalk, driveway, landscaping, or surface of any street or alley disturbed, consistent with the practices of local utilities. Such restoration shall be undertaken within no more than 10 business days after the damage is incurred and shall be completed as soon as possible thereafter. Such closing shall be at the expense of the grantee.
(E) Private property. Grantee shall be subject to all laws, ordinances, or regulations regarding private property or regulations regarding private property in the course of constructing, installing, operating, or maintaining the cable communications system in the county. Grantee shall promptly repair or replace all private property, both real and personal, damaged or destroyed as a result of the construction, installation, operating, or maintenance of the cable communications system at its sole cost and expense.
(F) Relocation of the facilities. In the event that at any time during the period of the franchise, the county or state shall lawfully elect to alter, or change, the grade of any street, alley, or other public ways, the grantee, upon reasonable notice by the proper authority, shall remove or relocate as necessary its poles, wires, cables, underground conduits, manholes, and other fixtures at its own cost and expense.
(G) Cooperation with building movers. The grantee shall, on the request of any person holding a building moving permit issued by the county, temporarily raise or lower its wire to permit the moving of buildings. The expense of such temporary removal, raising, or lowering of wires shall be paid by the person requesting the same, and the grantee shall have the authority to require such payment in advance. The grantee shall be given not less than 15 working days advance notice to arrange for such temporary wire changes.
(H) Tree trimming. The grantee shall have the authority, except when in conflict with existing county ordinances, to trim any trees upon and overhanging public right-of-way so as to prevent the branches of such trees from coming in contact with system facilities, except that at the option of the county, such trimming may be done by it, or under its supervision and direction, at the expense of the grantee.
(I) Easements. All necessary easements over and under private property shall be arranged for by the grantee.
(Ord. passed 12-2-96)