<div class="chunk-title">Sec. 50-64. - Conditions on use of streets or roads.</div>
<div class="chunk-content">
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               All transmission and distribution structures, lines and equipment erected by a grantee
               within the county shall be so located as to cause minimum interference with the proper
               use of streets, highways and public rights-of-way, and to cause minimum interference
               with the rights and reasonable convenience of property owners who abut any of such
               streets, highways or public rights-of-way. The CATV system shall be constructed and
               operated in compliance with all adopted county, state and national construction and
               electrical codes and shall be kept current with new codes as required.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               Except when absolutely necessary to service a subscriber and not simply because it
               shall be more convenient, economical or profitable for a grantee to so operate, and
               then only when expressly permitted in writing by the county under such conditions
               as it shall prescribe for the public welfare, a grantee shall not erect or authorize
               or permit others to erect any poles or facilities within the streets, highways or
               public rights-of-way within the county for the conduct of its CATV system but shall
               use the existing poles and other equipment of the appropriate electrical power and
               telephone and other utility companies under such terms and agreements as the grantee
               negotiates with these companies.
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               No poles, cables, equipment or wires for the construction, maintenance and operation
               of the CATV system shall be installed or the installation commenced on any existing
               poles within the county until the proposed location, specifications and manner of
               installation of such cables, equipment and wires shall have been set forth upon a
               plat or map showing the existing poles, streets, alleyways or highways within the
               county where such installations (excluding house drops) are proposed and submitted
               in writing by a grantee to the county.
               </p>
            		
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               Should a grantee be required in the conduct of its business to locate property within
               the streets, highways or public rights-of-way, the nature of such property shall be
               disclosed to the county in a written statement which identifies and delineates such
               property for the purposes of disclosure.
               </p>
            		
            <p class="incr0">
               (e)
               </p>
            		
            <p class="content1">
               Whenever the state or other properly constituted authority shall require the relocation
               or reinstallation of any property of a grantee in any of its streets, highways or
               public rights-of-way within the county, it shall be the obligation of the grantee
               upon 30 days' notice of such requirement to immediately remove and relocate or reinstall
               such property as may be reasonably necessary to meet the requirements of the state
               or such properly constituted authority. Such relocation, removal or reinstallation
               by a grantee shall be at no charge or expense to the county.
               </p>
            		
            <p class="incr0">
               (f)
               </p>
            		
            <p class="content1">
               Whenever in any place within the county all the electric and telephone utilities shall
               be located underground, it shall be the obligation of a grantee to locate or to cause
               its property to be located underground within such places. If the electric utilities
               and telephone utilities shall be located underground in any place within the county
               after a grantee shall have previously installed its property, a grantee shall at the
               same time or immediately thereafter remove and relocate its property also underground,
               in such places. In areas of the county where utilities are underground, the grantee
               may locate certain equipment above ground upon a showing of necessity to and approval
               by the county. Facilities of a grantee placed underground at the property owner's
               request in an area where electric utilities and telephone utilities are aerial shall
               be installed with the additional expense paid by the property owner, if the grantee
               so elects.
               </p>
            		
            <p class="incr0">
               (g)
               </p>
            		
            <p class="content1">
               In case of disturbance of any street, highway, public right-of-way or utility easement
               within the county caused by a grantee, a grantee shall, within 30 days at its own
               cost and expense and in a manner approved by the state or other properly constituted
               authority, replace and restore such street, highway or public right-of-way, or utility
               easement in as good condition as before the work involving such disturbance was done,
               all in accordance with standards, rules and regulations of the state department of
               transportation or any of its divisions.
               </p>
            		
            <p class="incr0">
               (h)
               </p>
            		
            <p class="content1">
               The grantee shall, at its expense, and after 48 hours' notice, protect, support, temporarily
               disconnect, or relocate in the same street or other public place any property of the
               grantee when required by the county or the state department of transportation by reason
               of traffic conditions, public safety, street closing or abandonment, highway or street
               construction, change or establishment of street grade, installation of sewers, drains,
               water pipes, power lines, signal lines or any other type of structures or improvements;
               and the county or the state department of transportation shall not be liable for any
               resultant disturbances of the grantee's installation. This section applies to streets
               or roads. The grantee shall carry out the instructions and directions of the state
               department of transportation district engineer whenever it is necessary to raise or
               remove any of the grantee's wires or cables temporarily for the purpose of moving
               or removing a structure on the public streets or roads of the county. The grantee
               shall do such tree trimming or other maintenance work as shall be necessary to maintain
               its lines and cables and other property in good working order. All matters mentioned
               in this section shall be performed at the grantee's expense.
               </p>
            		
            <p class="incr0">
               (i)
               </p>
            		
            <p class="content1">
               A 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 such building.
               The expense of such temporary removal or raising or lowering of the wires shall be
               paid by the person requesting the action, and a grantee shall have the authority to
               require such payment in advance. A grantee shall be given not less than 48 hours'
               advance notice to arrange for such temporary wire changes. In the event of a disagreement
               between a grantee and a holder of a permit, such disagreement will be resolved by
               the county.
               </p>
            		
            <p class="incr0">
               (j)
               </p>
            		
            <p class="content1">
               If at any time in case of fire or disaster within the county it shall become necessary
               in the judgment of the officer in charge of any volunteer fire department or fire
               department of any municipality to cut or move any of the wire cables, amplifiers,
               appliances or other fixtures of a grantee, this may be done; and the repairs rendered
               necessary shall be made by a grantee, at its own cost and expense and without charge
               against such fire department or municipality.
               </p>
            		
            <p class="incr0">
               (k)
               </p>
            		
            <p class="content1">
               The grantee's work, while in progress, shall be properly executed at all times with
               suitable barricades, flags, lights, flares or other devices as are reasonably required
               to protect all members of the public having occasion to use the portion of the streets
               involved, or adjacent property. Any opening or obstruction in the streets shall be
               guarded and protected at all times by the placement of adequate barriers, fences or
               boardings, the bounds of which shall be clearly designated by warning lights of approved
               types.
               </p>
            		
            <p class="historynote0">
               (Code 1978, Â§ 6-130)
               </p></div>