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(A) Within 60 days after acceptance of any franchise the grantee shall make application for and diligently pursue the obtaining of all necessary permits, licenses and authorizations which are required in the conduct of its business, including, but not limited to, any utility joint use attachment agreements, microwave carrier licenses and any other permits, licenses and authorizations to be granted by duly constituted regulatory agencies having jurisdiction over the operation of CATV system, their associated microwave transmission facilities, or any other associated facility.
(B) The grantee shall commence construction and installation of the CATV system within 90 days after obtaining all necessary permits, licenses and authorizations.
(C) The grantee shall give at least 15 days written notice to the Road Commissioner prior to the commencement of construction and installation of any portion of its CATV system. The notice shall describe the portion of the service area in which grantee intends to render service and describe the construction and installation to be performed. The grantee shall pursue with reasonable diligence the construction and installation of the CATV system within the portion of the service area described in the notice so that service shall be provided within one year from the date of the notice. The grantee shall file a written report with the Road Commissioner describing the portion of the service area in which the grantee is capable of providing service.
(D) After written notice to the grantee and an opportunity for the grantee to be heard, the Board of Supervisors may give the grantee written notice to commence and thereafter pursue the work of installing equipment and facilities reasonably necessary to provide adequate and satisfactory service within a designated portion of the service area of the grantee within a reasonable time to be determined by the Board of Supervisors.
(E) Failure on the part of the grantee to commence and diligently pursue each of the foregoing requirements and to complete each of the matters set forth herein, shall be grounds for termination of the franchise, under and pursuant to the terms of § 7.05.011; provided, however, that the Board of Supervisors, in its discretion, may extend the time for obtaining of permits and authorizations and for the commencement and completion of construction and installation for additional periods in the event the grantee, acting in good faith, experiences delays by reason of circumstances beyond his or her control.
(1966 Code, § 6A-16) (Ord. 312, § 16; Ord. 967, §§ 3, 4, 2018; Ord. 968, §§ 3, 4, 2018)
(A) Any poles, wires, cable lines, conduits or other properties of the grantee to be constructed or installed in streets, shall be so constructed or installed only at such locations and in such manner as shall be approved by the Road Commissioner acting in the exercise of his or her reasonable discretion.
(B) The grantee shall not install or erect any facilities or apparatus in or on other public property, places or rights-of-way or within any privately-owned area within the county which has not yet become a public street but is designated or delineated as a proposed public street on any tentative subdivision map approved by the county, except those installed or erected upon public utility facilities now existing, without obtaining the prior written approval of the Road Commissioner.
(C) In those areas and portions of the county where the transmission or distribution facilities of both the public utility providing telephone service and those of the utility providing electric service are underground or hereafter may be placed underground, then the grantee shall likewise construct, operate and maintain all of its transmission and distribution facilities underground. For the purposes of this division, “underground” shall include a partial underground system, e.g., streamlining. Amplifiers in grantee’s transmission and distribution lines may be in appropriate housings upon the surface of the ground as approved by the Road Commissioner. The county shall not in any manner be responsible for any costs incurred by the grantee in placing the grantee’s facilities underground.
(D) Any poles, wires, cable lines, conduits or other properties of the grantee to be constructed or installed in streets shall be so located as to cause minimum interference with the proper uses of streets, and cause minimum interference with the rights and reasonable convenience of property owners who adjoin any of the streets.
(E) In case of disturbance of any street, the grantee shall, at its own cost and expense and in a manner approved by the Road Commissioner, replace and restore such street in as good a condition as before the work involving such disturbance was done.
(F) Any poles or other fixture placed in any street by the grantee shall be placed in such manner as not to interfere with the usual travel on the public way.
(G) No poles or other wire-holding structures shall be erected by the grantee without prior approval of the Road Commissioner with regard to location, height, type and any other pertinent aspect. However, no location of any pole or wire-holding structure of the grantee shall be a vested interest, and the poles or structures shall be removed or modified by the grantee, at its own expense, whenever the Road Commissioner determines that the public convenience would be enhanced thereby.
(H) Where the county or a public utility serving the county desires to make use of the poles or other wire-holding structures of the grantee but agreement therefor with the grantee cannot be reached, the Board of Supervisors may require the grantee to permit the use for the consideration and upon such terms as the Board shall determine to be just and reasonable, if the Board determines that the use would enhance the public convenience and would not unduly interfere with the grantee’s operations.
(I) The county shall have the right to supervise all construction or installation work performed subject to the provisions of any franchise and make an inspection as it shall find necessary to insure compliance with the terms of any franchise and other pertinent provisions of law.
(J) Upon request of the Board of Supervisors, the grantee shall make available one channel for educational television, public service television or any other non-commercial service for the benefit of the residents of the county.
(1966 Code, § 6A-17) (Ord. 312, § 17; Ord. 967, §§ 3, 4, 2018; Ord. 968, §§ 3, 4, 2018)
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 Road Commissioner 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 public agencies; provided, however, that the grantee shall, in all such cases, have the privileges and be subject to the obligations to abandon any property of the grantee in place, as provided in § 7.05.020.
(1966 Code, § 6A-18) (Ord. 312, § 18; Ord. 967, §§ 3, 4, 2018; Ord. 968, §§ 3, 4, 2018)
Upon failure of the grantee to commence, pursue or complete any work required by law or by the provisions of this chapter or by its franchise to be done in any street or other public place, within the time prescribed, and to the satisfaction of the Road Commissioner, the Road Commissioner may, at his or her option, cause the work to be done, and the grantee shall pay to the county the cost thereof in the itemized amounts reported by the Road Commissioner to the grantee within 30 days after receipt of the itemized report.
(1966 Code, § 6A-19) (Ord. 312, § 19; Ord. 967, §§ 3, 4, 2018; Ord. 968, §§ 3, 4, 2018)
(A) In the event that the use of any part of the CATV system is discontinued for any reason for a continuous period of 12 months, has been installed in any street or public place without complying with the requirements of grantee’s franchise or this chapter, or the franchise has been terminated, cancelled or has expired, the grantee shall promptly, upon being given ten days’ notice, remove from the streets or public places all such property and poles of the system other than any which the Road Commissioner may permit to be abandoned in place. In the event of the removal, the grantee shall promptly restore the street or other area from which the property has been removed to a condition satisfactory to the Road Commissioner.
(B) Any property of the grantee remaining in place 60 days after the termination or expiration of the franchise shall be considered permanently abandoned. The Road Commissioner may extend such time not to exceed an additional 30 days.
(C) Any property of the grantee to be abandoned in place shall be abandoned in such manner as the Road Commissioner shall prescribe. Subject to the provisions of any utility joint use attachment agreement, upon permanent abandonment of the property of the grantee in place, the property shall become that of the county and the grantee shall submit to the Board of Supervisors an instrument in writing to be approved by the District Attorney, transferring to the county the ownership of the property.
(1966 Code, § 6A-20) (Ord. 312, § 20; Ord. 967, §§ 3, 4, 2018; Ord. 968, §§ 3, 4, 2018)
(A) The grantee shall, concurrently with filing of an acceptance of award of any franchise granted under this chapter, file with the Clerk of the Board of Supervisors and at all times thereafter maintain in full force and effect for the term of the franchise or any renewal thereof, at the grantee’s sole expense, a corporate surety bond in a company authorized to do business in the state and in a form approved by the District Attorney in the amount of $25,000, renewable annually and conditioned upon the faithful performance of the grantee and upon the further condition that in the event the grantee shall fail to comply with any one or more of the provisions of this chapter, or of any franchise issued to the grantee hereunder, there shall be recoverable jointly and severally from the principal and surety of the bond any damages or loss suffered by the county as a result thereof, including the full amount of any compensation, indemnification or cost of removal or abandonment of any property of the grantee as prescribed hereby which may be in default, plus a reasonable allowance for attorney’s fees and costs, up to the full amount of the bond; the condition to be a continuing obligation for the duration of the franchise and any renewal thereof and thereafter until the grantee has liquidated all of its obligations with the county that may have arisen from its exercise of any privilege therein granted. The bond shall provide that 30 days’ prior written notice of intention now to renew, cancellation or material change, be given to the county.
(B) Neither the provisions of this section, nor any bond accepted by the county pursuant hereto, nor any damages recovered by the city thereunder, shall be construed to excuse faithful performance by the grantee or limit the liability of the grantee under any franchise issued hereunder or for damages either to the full amount of the bond or otherwise.
(1966 Code, § 6A-21) (Ord. 312, § 21; Ord. 967, §§ 3, 4, 2018; Ord. 968, §§ 3, 4, 2018)
(A) The grantee shall indemnify and save harmless the county, its officers and employees from and against any and all claims, demands, actions, suits and proceedings by others, against all liability to others, including, but not limited to any liability for damages by reason of or arising out of any failure by the grantee to secure consent from the owners, authorized distributors or licensees of programs to be delivered by the grantee’s CATV system, and against any loss, cost, expense and damages resulting therefrom, including reasonable attorney’s fees, arising out of the exercise or enjoyment of its franchise.
(B) The grantee shall indemnify and save harmless the county, its officers, boards, commissions, agents and employees from and against any and all liability claims, demands, actions, suits and proceedings by others, for loss or damage, for personal injury, death and property damage, occasioned by the operations of grantee under this chapter and any franchise granted hereunder; and the grantee shall at all times during the existence of any franchise granted hereunder, maintain in full force and effect, at its own cost and expense, a general comprehensive liability insurance policy protecting the county and all persons against liability for loss or damage for personal injury, death and property damage, occasioned by the operation of grantee under this chapter and any franchise granted hereunder, with minimum liability limits of $300,000 for personal injury or death of any one person, $500,000 for personal injury or death of two or more persons in any one occurrence, and $100,000 for damage to property resulting from any one occurrence. The grantee shall, concurrently with the filing of an acceptance of award of any franchise granted under this chapter, file with the Clerk of the Board of Supervisors either a copy of the policy or a certificate of insurance evidencing the same in a form satisfactory to the District Attorney. The policy of insurance, and any certificate evidencing the same, shall contain a contractual liability endorsement specifically extending the policy to cover the liability assumed by grantee under this division, and shall also contain a provision that the policy may not be cancelled except after 30 days notice in writing to be given to the Clerk of the Board of Supervisors.
(1966 Code, § 6A-22) (Ord. 312, § 22; Ord. 967, §§ 3, 4, 2018; Ord. 968, §§ 3, 4, 2018)
(A) At all reasonable times, the grantee shall permit any duly authorized representative of the county to examine all property of the grantee, together with any appurtenant property of the grantee situated within or without the county, and to examine and transcribe any and all maps and other records kept or maintained by the grantee or under its control which deal with the operations, affairs, transactions or property of the grantee with respect to its franchise. If any such maps or records are not kept in the county, or upon reasonable request made available in the county, and if the Board of Supervisors shall determine that an examination thereof is necessary or appropriate, then all travel and maintenance expense necessarily incurred in making the examination shall be paid by the grantee.
(B) The grantee shall prepare and furnish to the Road Commissioner, at the time and in the form prescribed by the officer, the reports with respect to its operations, affairs, transactions or property, as may be reasonably necessary or appropriate to the performance of any of the rights, functions or duties of the county or any of its officers in connection with the franchise.
(C) The grantee shall, at all times, make and keep in its local office full and complete plans and records showing the exact location of all CATV system equipment installed or in use in streets and other public places in the county.
(D) The grantee shall file with the Road Commissioner on or before the last day in June of each year, a current map or set of maps drawn to scale, showing all CATV system equipment installed and in place in streets and other public places in the county on base maps approved by the Road Commissioner.
(E) When any portion of the CATV system is to be installed on public utility poles and facilities, certified copies of all agreements for the joint use of poles and facilities shall be filed with the Road Commissioner.
(1966 Code, § 6A-23) (Ord. 312, § 23; Ord. 967, §§ 3, 4, 2018; Ord. 968, §§ 3, 4, 2018)
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