§ 58-4.816. Use of public and private property.

(1)

Should the grades or lines of the public rights-of-way, whether on county-owned or private property, that a cable operator is authorized to use and occupy be changed at any time during the term of a franchise, the cable operator shall, if necessary, as determined by the county, relocate or change its system, at its own cost and expense, so as to conform with the new grades or lines.

(2)

Any alteration to any water and sewage mains or lines, to any drainage system or to any publicly-owned structures in the public rights-of-way, whether on county-owned property or on private property, which alteration is required on account of the presence of a cable operator's system in the public rights-of-way or on such county-owned property or private property, shall be made at the sole cost and expense of the cable operator. During any work of constructing, operating or maintaining of a system, a cable operator shall, at its own expense, protect all existing structures belonging to the county and any other person. The county may prescribe the manner in which a cable operator shall perform any work performed within the public rights-of-way, whether on county-owned property or on private property.

(3)

Unless otherwise specified in a franchise, all system facilities shall be constructed, installed, and located in accordance with all applicable laws, ordinances, regulations and policies, and in accordance with the following terms and conditions:

(a)

Poles, underground conduits, ducts or other wireholding structures shall not be installed in the public rights-of-way or on other county property without the written permission of the county, or on private property of any third party without the written permission of the owner.

(b)

Whenever any existing telephone, electric utility, cable system, or other similar facilities are located underground within the public rights-of-way or on county-owned property, a person installing another cable system also shall place its cables and passive electronic facilities underground.

(c)

Whenever any existing telephone, electric utility, or communications facilities are located or relocated underground within the public rights-of-way or on county-owned or private property, cable operators that then occupy the same public rights-of-way, county-owned property or private property shall concurrently relocate their respective cables and passive electronic facilities underground, at their own expense, or in accordance with applicable law or current joint-use practices.

(4)

Any and all public rights-of-way, public property, or private property that is disturbed or damaged during the upgrade, rebuild, repair, replacement, relocation, operation, maintenance, or construction of a system shall be repaired, replaced and restored, in a good workmanlike, timely manner, to substantially the same condition as immediately prior to the disturbance (including appropriate landscape restoration). All repairs, replacements and restoration shall be undertaken within no more than thirty days after the damage is incurred, and shall be completed as soon as reasonably possible thereafter. The county may require that repairs, replacements and restoration take place in a shorter period of time in situations in which county determines that a dangerous condition exists. The operator shall warrant such repairs, replacements and restoration for at least three years against defective materials or workmanship, with the exception of plants installed in the course of restoration.

(Ords. 2006-65 § 3, 93-55, 82-28).