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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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