§ 6.5-8. Authority for use of streets.

(a)

For the purpose of operating and maintaining a cable communications system in the county, the grantee may erect, install, construct, repair, replace, reconstruct and retain in, or over, under, upon, across and along the streets within the county such lines, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, pedestals, attachments and other property and equipment as are necessary and appurtenant to the operation of the cable communications system, provided that the applicant has obtained all applicable permits, has paid all fees required and has complied with all other provisions of the county code, county ordinances and regulations and rules. This chapter is not intended to, and nothing herein shall be construed to, preclude appropriate payments, and arrangements for the use by the grantee of other utility facilities and equipment, including pole attachment agreements.

(b)

Prior to construction or alterations, grantee shall file plans with all appropriate county departments, agencies and utility companies and receive written approval of such plans, and grantee shall further apply to and receive from the department of public Works all applicable easements or road right-of-way encroachment permits. Grantee shall provide a monthly written progress report to the county manager, or a designee, until the completion of construction or alterations.

(c)

Grantee shall construct and maintain a cable communications system so as not to interfere with other uses of streets. Grantee shall make use of existing poles and other facilities available to grantee. Grantee shall individually notify all residents affected by proposed construction prior to the commencement of that work. Nothing in this chapter shall authorize the installation of cable communication facilities and equipment in exclusive easements owned by public utilities without the prior consent of such utilities. The grantee shall coordinate the installation of. its facilities and equipment with the existing lawful users of any easements in order to prevent damage and disruption to existing utility or cable television facilities or the installation of such facilities where technical limitations make it impossible to install such facilities and equipment.

(d)

Notwithstanding the above grant to use streets, no street shall be used by grantee if the director of the department of public works, in his or her sole opinion, determines that such use is inconsistent with the terms, conditions or provisions by which such street was created or dedicated, or presently used.

(Ord. No. 1994-14, § 8, 10-4-94)