Sec. 22-38. - Conditions to use of streets.
   (a)   The poles used for a distribution system shall be those erected and maintained by the power company, or the telephone company or either whenever agreement can be reached with the owners of such poles. Any poles, wires, cables, conduits, or other properties to be realigned or reset to permit their use for purposes of the grantee under an agreement with the owner thereof shall be constructed or installed only at such locations and depths and in such manner as shall be approved by the owner and the county manager. They shall be located so as not to interfere with the proper use of streets and to cause minimum interferences with the rights or reasonable convenience of the general public and of property owners who adjoin such streets, as determined by the county.
   (b)   The installation of the facilities, including service drops to subscribers, shall be made underground in areas where facilities of the telephone company and the power company are underground or hereafter may be placed underground. In addition to the foregoing, installation of the facilities shall be made underground when required by county ordinances or policies.
   (c)   The grantee 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 grantee 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, or any other type of structures or improvements of the county, and the county shall not be liable for any disturbance of the grantee's installations resulting therefrom. The grantee shall carry out the instructions and directions of the county manager whenever it is necessary to raise or remove any of the grantee's wires or cables temporarily, for the purpose of moving or removing buildings or structures on the public streets of the county, and shall perform such tree trimming or other maintenance work as shall be required or as shall be directed by the county manager, all at the grantee's expense.
   (d)   Whenever a grantee takes up or disturbs any pavement, sidewalk or other improvement of any street, the pavement, sidewalk or other improvement of any street shall be replaced and the surface restored in as good condition as before entry in accordance with ordinances, regulations, technical standards and fee schedules of the county as administered by the county manager. Any opening or obstruction in the streets shall be guarded and protected at all times by the placement of adequate barriers, fences or boardings, the bounds of which shall be clearly designated by warning lights of approved types.
   (e)   The grantee shall own the cable communications system, but shall have no property right in the public rights-of-way upon the completion of the franchise term or any extension thereof.
(Ord. of 10-5-1981, § 12.8; Ord. of 4-3-1995, § 12.8)