(A) All transmission and distribution structures, lines, and equipment erected by the company within the franchise area shall be so located as to cause minimum interference with the proper use of streets, and other public ways and places. The CATV system shall be constructed and operated in compliance with all county, state and national construction and electrical codes, and shall be kept current with new codes. The company shall install and maintain its wires, cables, fixtures and other equipment in a manner that they will not interfere with any installations of the county or of a public utility serving the county.
(B) In case of disturbance of any street, public way, or paved area the company shall, at its own expense and in a manner approved by the county, replace and restore the street, public way or paved area in as good a condition as before the work involving the disturbance was done.
(C) If at any time during the period of franchise the county shall lawfully elect to alter or change the grade of any street, sidewalk, alley, or other public way, the company, upon reasonable notice by the county, shall remove, relay, and relocate its poles, wires, cables, underground conduits, manholes, and other fixtures at its own expense.
(D) Any poles or other fixtures placed in any public way by the company shall be placed in a manner as not to interfere with the usual travel on the public way.
(E) The company shall, on the request of any person holding a building permit issued by the county, temporarily raise or lower its wires to permit the moving of buildings. The expense of this temporary removal or raising or lowering of wires shall be paid by the person requesting the same, and the company shall have the authority to require the payment in advance. The company shall be given not less than 48-hours advance notice to arrange for the temporary wire changes. The company shall have the authority, but only with county approval in each instance, to trim trees upon and overhanging streets and public ways and places of the franchise area so as to prevent the branches of the trees from coming in contact with the wires and cables of the company, except that at the option of the county, the trimming may be done by the county or under its supervision and direction at the expense of the company.
(F) The company shall, at its expense, protect, support, temporarily disconnect, relocate in the same street or other public place, or remove from the street or other public place any property of the company when required by the county by reason of traffic conditions, public safety, street vacation, freeway and street construction, change or establishment of street grade, installation of sewers, drains, water pipes, power lines, signal lines, and tracks or any other type of structures or improvements by the public agencies, provided, however, that the company shall in each of these cases have the rights and obligations of abandonment of property of the company, subject to county ordinance.
(G) The county shall have the right to make additional use, for any public or municipal purpose, of any poles or conduits controlled or maintained exclusively by or for the company in any street. The county shall indemnify and hold harmless the company against and from any and all claims, demands, causes of actions, suits, actions, proceedings, damages, costs or liabilities of every kind and nature whatsoever arising out of the use of the company’s poles or conduits.
(Ord. 1997-5F, passed 5-19-97)