§ 8-128. Use of streets.

(a)

All transmissions and distribution structures, lines and equipment erected by a grantee within the county shall be so located so as not to interfere with the proper use of the streets or the rights and reasonable convenience of owners of adjacent property.

(b)

Except when necessary to service a subscriber, and then only when expressly permitted in writing by the county under such conditions as it shall prescribe, a grantee shall not erect any poles or facilities within the streets but shall use the existing poles and other equipment of utility companies under such an agreement as a grantee may negotiate with these companies.

(c)

Whenever the county or the state shall require the relocation or reinstallation of any property of a grantee on the rights-of-way of the county, it shall be the obligation of a grantee, upon notice of such requirement, to immediately remove, relocate or reinstall such property as may be reasonably necessary to meet the requirements of the county or state. Such relocation, removal or reinstallation by a grantee shall be at the sole cost of a grantee.

(d)

Whenever, in any place within the county, all the electric and telephone utilities are located underground, the grantee shall locate its property underground within such places. If the electric utilities or telephone utilites are located underground in any place within the county after a grantee has previously installed its property, the grantee shall, at the same time or immediately thereafter, also remove and relocate its property underground in such places. Facilities of a grantee placed underground at the property owner's request in any area where electric utilities or telephone utilities are aerial shall be installed with the additional expense paid by the property owner.

(e)

Each grantee may trim trees overhanging the streets so as to prevent the branches of such trees from coming in contact with its wires and cables. All trimming shall be done under the supervision and direction of the county and at the expense of the grantee.

(f)

Each grantee shall, at its own cost and expense and in a manner approved by the county, replace and restore any disturbed street in as good a condition as before the work involving such disturbance was done; provided, that where a cut or disturbance is made in a section of sidewalk paving, rather than replacing only the area cut, a grantee shall replace the full width of the existing walk and length of the section or sections cut, a section being determined as that area marked by expansion joints or scoring.

(g)

Each grantee shall maintain, repair and keep in good condition for a period of one (1) year following such disturbance all portions of a sidewalk or street disturbed by it or its agents, provided such maintenance and repairs shall be made necessary because of defective workmanship or materials supplied by the grantee.

(h)

Each 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 making the request, and each grantee may require such payment in advance. Each grantee shall be given not less than forty-eight (48) hours' advance notice to arrange for such temporary wire changes. Any disagreement between a grantee and a holder of a permit shall be resolved by the county.

(i)

If at any time in case of fire or disaster in the county it shall become necessary, in the judgment of the person having charge of the disaster or fire or such person's designated agent, 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 thereby shall be made by a grantee, at its own cost and expense, without charge against the county.

(j)

The work of each grantee 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 rights-of-way involved, or adjacent property.

(Code 1976, § 7-6063)