(A) General. The county shall grant one or more non-exclusive franchises to construct, operate and maintain in, upon, along, across, above, over and under the streets, alleys, public ways and public places now laid or dedicated, and all extensions thereof and additions thereto, in the county, poles, wires, cables, underground conduits and other television conductors and fixtures necessary for the construction, operation and maintenance in the county of a CATV system (each of which is referred to herein as a “non-exclusive franchise”), for a period of 20 years from the date of the grant of the non-exclusive franchise.
(B) Conditions on street use; utilizations of existing utility facilities.
(1) Where feasible to do so, the company will endeavor to obtain rights to use facilities belonging to utility companies within the county. Approval of the assignment of such rights to the company by such utility companies is hereby expressly given by the county, it being the intention of the county that the company will utilize existing public utility facilities where feasible.
(2) All transmission and distribution structures, lines and equipment erected by the company within the county shall be located so as not to interfere with the proper use of streets, alleys and other public ways and places, and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin any of the said streets, alleys or other public ways and places, and not to interfere with existing public utility installations.
(3) If the company disturbs any pavements, sidewalks, driveways or other surfacing, it shall, at its own expense, and in the manner provided by the county replace and restore all such pavings, sidewalks, driveways or other surfaces of any streets or alleys thus disturbed.
(4) If, at any time during the period of such non-exclusive franchise, the county shall lawfully elect to alter, or change the grade or location of any street, alley or other public way, the company shall upon reasonable notice by the county, remove, relay and relocate its poles, wires, cable, underground conduits, manholes and other fixtures at its own expense, and in each instance comply with the requirements of the county.
(5) The company shall not place poles, conduits or other fixtures above or below ground where the same will unreasonably interfere with any gas, electric, telephone fixtures, water hydrant or other utility, and all such poles, conduits or other fixtures placed in any street shall be so placed so as to comply with all requirements of the county.
(6) On request of any person holding a moving permit issued by the county, the company shall temporarily move its wires or fixtures to permit the moving of buildings or other objects, the expense of such temporary removal, to be paid in advance by the person requesting such removal. The company shall be given not less than 48 hours’ advance notice to arrange for such temporary changes.
(7) The company shall have the authority to trim any trees upon and overhanging the streets, alleys, sidewalks and public places of the county, so as to prevent the branches of such trees from coming into contact with the wires and cables of the company.
(Ord. 87-450.1, passed 2-10-1987)