<div class="chunk-title">Sec. 40-140. - Use of streets.</div>
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            <p class="incr0">
               (a)
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               <span class="ital">Underground installations.</span> All cable communications installations shall be underground in those areas of the
               county where public utilities providing either telephone and electric service are
               underground at the time of installation. In areas where either telephone or electric
               utility facilities are above ground at the time of installation, the grantee may install
               its service above ground; however, at such time as those facilities are required to
               be placed underground by the county or are placed underground, the grantee shall likewise
               place its services underground without additional cost to the county or to the individual
               subscribers so served with the county. Where not otherwise required to be placed underground
               by this article or the franchise, the grantee's system shall be located underground
               at the request of the adjacent property owner, provided that the excess cost over
               the aerial location shall be borne by the property owner making the request. All cable
               passing under the roadway shall be installed in conduit.
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            <p class="incr0">
               (b)
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               <span class="ital">Permits and approvals.</span> Prior to construction or alteration, however, the grantee shall in each case obtain
               all construction permits and receive approval of the county before proceeding, which
               approval shall not be unreasonably withheld.
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            <p class="incr0">
               (c)
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               <span class="ital">Interference with persons, improvements, public and private property and utilities.</span> The grantee's system and facilities, including poles, lines, equipment and all appurtenances,
               shall be located, erected and maintained so that such facilities shall not:
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               (1)
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               Endanger or interfere with the health, safety or lives or persons;
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               (2)
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               Interfere with any improvements the county or state may deem proper to make;
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               (3)
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               Interfere with the free and proper use of public streets, alleys, bridges, easements
               or other public ways, places or property, except to the minimum extent possible during
               actual construction or repair;
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               (4)
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               Interfere with the rights and reasonable convenience of private property owners, except
               to the minimum extent possible during actual construction or repair; and
               </p>
            		
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               (5)
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               Obstruct, hinder or interfere with any gas, electric, water or telephone facilities
               or other utilities located within the county.
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               (d)
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               <span class="ital">Restoration to prior condition.</span> If there is any disturbance of pavement, sidewalk, driveway or other surfacing, the
               grantee shall, at its own cost and expense and in a manner approved by the county,
               replace and restore all paving, sidewalk, driveway, landscaping, or surface of any
               street or alley disturbed in as good a condition as or better than before such work
               was commenced and in a good workmanlike, timely manner in accordance with standards
               for such work set by the county. Such restoration shall be undertaken within no more
               than ten business days after the damage is incurred and shall be completed as soon
               as reasonably possible thereafter.
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               (e)
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               <span class="ital">Relocation of facilities.</span> If, at any time during the period of the franchise, the county or state shall lawfully
               elect to alter or change the grade of any street, alley or other public way, the grantee,
               upon reasonable notice by the proper authority, shall remove or relocate as necessary
               its poles, wires, cables, underground conduits, manholes and other fixtures at its
               own expense.
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               (f)
               </p>
            		
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               <span class="ital">Cooperation with building movers.</span> The grantee shall, on the request of any person holding a building moving permit
               issued by the county, temporarily raise or lower its wires to permit the moving of
               buildings. The expense of such temporary removal, raising or lowering of wires shall
               be paid by the person requesting such, and the grantee shall have the authority to
               require such payment in advance. The grantee shall be given not less than 15 working
               days' advance notice to arrange for such temporary wire changes.
               </p>
            		
            <p class="incr0">
               (g)
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               <span class="ital">Tree trimming.</span> The grantee shall have the authority, except when in conflict with existing county
               ordinances, to trim any trees upon and overhanging the public right-of-way to prevent
               the branches of such trees from coming in contact with system facilities, except that,
               at the option of the county, such trimming may be done by it or under its supervision
               and direction, at the expense of the grantee.
               </p>
            		
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               (h)
               </p>
            		
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               <span class="ital">Easements.</span> All necessary easements over and under private property shall be arranged for by
               the grantee.
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            <p class="incr0">
               (i)
               </p>
            		
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               <span class="ital">Private property.</span> The grantee shall be subject to all laws, ordinances or regulations regarding private
               property in the course of constructing, installing, operating or maintaining the cable
               communications system in the county. The grantee shall promptly repair or replace
               all private property, both real and personal, damaged or destroyed as a result of
               the construction, installation, operating or maintenance of the cable communications
               system at its sole cost and expense
               </p>
            		
            <p class="historynote0">
               (Code 1995, Â§ 517.064)
               </p></div>