A. No person shall construct, install, maintain or operate a private utility, public utility, or telecommunications service on, over, through, or within the county rights of way, or on, over, through or within any other public property of the county, unless that person has been granted a franchise by the county council and its franchise t is in full force and effect.
B. There are hereby established two (2) classes of franchises.
1. Class A Franchise: A private utility, public utility, or telecommunications service which has a franchise agreement with the county.
a. A Class A Franchise shall entitle the private utility, public utility, or telecommunications service to the following privileges:
(1) Priority with regard to the placement of utility facilities or wireless facilities within the county rights of way over Class B franchisees;
(2) Non-interference covenant with respect to Class B Franchises and adjoining property owners, which covenant shall be managed by the county engineer;
(3) Non-revocable term, subject to the conditions of the franchise agreement;
(4) Extended relocation deadlines;
(5) Protection from Class B franchisee claims of financial reimbursement for relocations necessitated by the Class A franchisee; and
(6) Waiver of bonds and surety requirements.
2. Class B Franchise: A private utility or public utility which constructs, installs, maintains, or operates a utility facility within the county rights of way without a franchise agreement and subject to a revocable license granted by the county. (Ord. 800, 3-6-2013; amd. Ord. 800-A, 2-5-2020)