(A) Public streets and ways. For the purpose of operating and maintaining a cable communications system in the county, the grantee may erect, install, construct, repair, replace, reconstruct and/or retain in, on, over, under, upon, across and along the public streets and ways within the county such wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, pedestals, attachments and other property and equipment as are necessary to the operation of the cable communications system; provided, however, that the grantee complies with all design, construction, safety and performance provisions contained in this chapter, the franchise agreement and other applicable regulations.
(B) County facilities. At the county's option, the county may require a grantee to utilize county owned conduit or other suitable facilities for any portion of its cable communications system which is being newly constructed or rebuilt. The consideration, if any, for the use of county conduit or other facilities shall be as stated in the franchise agreement. A reasonable fee, if any, for the use of county facilities established in the franchise agreement may be adjusted at the periodic performance evaluations.
(C) Grantee facilities. No poles shall be erected by the grantee without prior approval of the appropriate governing authorities with regard to location, height, type and any other pertinent aspect. However, no location of any pole of the grantee shall be a vested right, and such poles shall be removed or modified by the grantee at its own expense whenever the appropriate governing authority determines that the public convenience would be enhanced thereby. The grantee shall utilize existing poles and conduits, where possible. The county shall have the right, during the life of the franchise, to install and maintain upon the poles owned by the grantee, at fair market value under the same terms and conditions as other users of the poles, any wire and pole fixtures that do not unreasonably interfere with the cable system operations of the grantee.
(Ord. 3502, passed 10-7-02)