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5.28.1160   Use of streets-Interference.
   Each cable television system, including wires and appurtenances, shall be located and installed and maintained so that none of the facilities endanger or interfere with the lives or safety of persons, or interfere with any improvements the county, cities or state of California may deem proper to make, or unnecessarily hinder or obstruct the free use of the streets or other public property.
   All transmission and distribution structures, lines and equipment erected or installed by a franchisee within the Sacramento community shall be so located as to cause minimum interference with the proper use of streets and other public property, and to cause minimum interference with the rights and reasonable convenience of property owners who adjoin any of the streets or other public property. (Prior code § 20.05.448)
5.28.1170   Permits and approvals.
   During the term of each franchise, in advance of occupying, working upon or otherwise utilizing any street, the franchisee shall apply for and obtain any encroachment permit, license, authorization or other approval required by ordinances in force within the county and cities, pay any fees and post any security required by such ordinances, and in the course of construction, installing, replacing, maintaining and repairing the cable television system shall comply with all applicable requirements of such ordinances and any terms or conditions of encroachment permits, licenses, authorizations or approvals issued thereunder.
   The county and cities shall be authorized to establish special fees payable by a franchisee to defray the costs incurred by the department of public works of the respective agencies in supervising and regulating the installation of a cable television system within the streets of the respective agencies. The respective directors of public works of the county and cities shall be authorized to formulate reasonable schedules for installation of a cable television system within the streets of the agencies for the purpose of promoting safety, reducing inconvenience to the public, and insuring adequate restoration and repair of the streets, and a franchisee and its officers, agents, contractors and subcontractors shall comply with any and all such schedules. (Prior code § 20.05.450)
5.28.1180   Restoration of streets and private property.
   All disturbance by a franchisee of pavement, sidewalk, driveways, landscaping or other surfacing of streets shall be restored, repaired or replaced by the franchisee at its sole cost in a manner approved by the director of public works and in compliance with generally applicable ordinances of the agency vested with jurisdiction thereover, and in as good condition as before the disturbance occurred.
   To the extent practicable and reasonable, each franchisee shall accommodate the desires of any property owner respecting location within easements or rights-of-way traversing private land of the property owner of aboveground boxes or appurtenances constituting a part of the cable television system. Any disturbance of landscaping, fencing or other improvements upon private property, including private property traversed by easements or rights-of-way utilized by a franchisee, shall, at the sole expense of the franchisee, be promptly repaired or restored (including replacement of such valuables as shrubbery and fencing) to the reasonable satisfaction of the property owner as soon as possible. Each franchisee shall, through authorized representatives, make a reasonable attempt to personally contact the occupants of all private property in advance of entering such property for the purpose of commencing any installation of elements of the system within easements or rights-of-way traversing such property. As used in this paragraph, the terms "easements" and "rights-of-way" do not include easements or rights-of-way for roadway purposes. (Prior code § 20.05.452)
5.28.1190   Erection of poles.
   No franchise shall be deemed to expressly or impliedly authorize the franchisee to construct or install poles or wire-holding structures within streets for the purpose of placing cables, wires, lines or otherwise, without the written consent of the county or cities within which the street is situated. Such consent shall be given or withheld in the sole discretion of the governing body, and may be given upon such terms and conditions as the governing body in its sole discretion may prescribe which shall include a requirement that the franchisee perform, at its sole expense, all tree trimming required to maintain the poles clear of obstructions.
   With respect to any poles or wire-holding structures which a franchisee is authorized to construct and install within streets, the county or cities with jurisdiction over the street or a public utility or public utility district serving the county or cities may, if denied the privilege of utilizing such poles or wire-holding structures by the franchisee, apply for such permission to the cable television commission. If the commission finds that such use would enhance the public convenience and would not unduly interfere with the franchisee's operations, the commission may authorize such use subject to such terms and conditions as it deems appropriate. Such authorization shall include the condition that the county, cities, public utility or public utility district pay to the franchisee any and all actual and necessary costs incurred by the franchisee in permitting such use. (Prior code § 20.05.454)
5.28.1200   Undergrounding.
   Except as hereinafter provided, in all areas of the Sacramento community where the cables, wires and other like facilities of a public utility or public utility district are placed underground, each franchisee shall construct and install its cables, wires and other facilities underground. Amplifier boxes and pedestal mounted terminal boxes may be placed aboveground if existing technology reasonably requires, but shall be of such size and design and shall be so located as not to be unsightly or unsafe. In any area of the Sacramento community where there are certain cables, wires and other like facilities of a public utility or public utility district underground and at least one operable cable wire or like facility of a public utility or public utility district suspended aboveground from poles a franchisee may construct and install its cables, wires and other facilities from the same poles.
   With respect to any cables, wires and other like facilities constructed and installed by a franchisee aboveground, the franchisee shall, at its sole expense, reconstruct and reinstall such cables, wires or other facilities underground pursuant to any project under which the cables, wires or other like facilities of such utilities are placed underground within an area. The duty of a franchisee to underground shall arise only if all existing above ground like facilities of such utilities are placed underground. (Prior code § 20.05.456)
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