§ 17.5-21. Construction of system.

(a)

Generally. Except for individual service drops, routine system maintenance and repair which does not change existing facilities, a cable operator shall not erect any pole, run any line, make any attachment or construct any part of a cable operator's cable system in the county right-of-way without the prior approval of the county engineer, which approval shall not be unreasonably withheld.

(1)

Use of existing poles; installation of new poles or conduits. To the extent possible, the cable operator shall make attachments to poles already in existence within the county. To the extent that existing poles are insufficient for its purpose, or if the cable operator is unable to negotiate agreements satisfactory to it providing for use of existing poles, the cable operator shall have the right to erect and maintain its own poles, or underground conduits, as necessary, for the construction and maintenance of its cable system, subject to the approval by the county engineer as to location of such poles or underground conduits. The county can only grant the approval for poles or underground conduit within dedicated public rights-of-way that have been accepted by the county or under jurisdiction of the county.

(2)

Use of poles and towers owned by county. The cable operator shall, with prior written approval of the county engineer and at the cable operator's expense, have the privilege of attaching any of its system facilities to any existing or future poles, towers or other electrical facilities owned by the county, in a manner which will not interfere with the use of such poles, towers and other electrical facilities by the county.

(3)

Trimming trees. The cable operator shall, with the prior approval of the county engineer and at its own expense, have the authority to trim trees upon and overhanging all streets, alleys, easements, sidewalks and other public places within the county so as to prevent the branches of such trees from coming into contact with the facilities of the cable operator. The cable operator must obtain permission of owners of private property if the trees are located thereon or under private ownership.

(4)

Location of facilities. To the extent required by generally applicable laws and regulations, the cable operator shall file with the county engineer for approval plans and specifications for the location or relocation of all facilities located within the county rights-of-way, and such approval shall not be unreasonably withheld. The facilities shall be so located or relocated and so erected or installed as not to obstruct or interfere with the use of streets, alleys, easements and other public ways and places, or other utilities or structures already installed or hereafter to be installed, subject at all times to the lawful police power of the county.

(5)

Repair of pavement. In case of any disturbance of pavement, sidewalk, driveway or other surface, the cable operator shall, at its own expense, upon completion of such construction, repair or installation of any of its facilities, remove, replace and restore all pavement, sidewalks, driveways or surface so disturbed in as good condition as they were before the work was commenced. Such work shall be approved by the county engineer. The cable operator shall provide a bond prior to its disturbance of pavement, sidewalks, driveways or other surface for an amount equal to the cost of the restoration of said disturbance. The bond shall be approved by the county engineer before construction is begun by the cable operator. Any unreasonable obstruction of any street, alley, avenue, bridge, easement or other public place or way of the county not removed by the cable operator after written notice of two (2) days by the county demanding repair thereof may be removed or repaired, as the case may be, by the county; and the reasonable cost thereof, plus ten (10) percent of such cost for administration and engineering expenses, shall be charged against the cable operator and shall be collectible by the county in any lawful manner; and all costs and reasonable attorney's fees incurred by the county in such enforcement shall be paid by the cable operator to the county.

(b)

Coordination with utility services. A cable operator shall at all times conduct its installation and repair procedures in a manner calculated to minimize the disruption of telephone, electric, gas, water, sewer, other cable systems or other utility services. The cable operator must provide reasonable notice to other utility and cable systems so existing systems can be marked, which may be accomplished through the one-call system established by Florida law. The provisions of this subsection are binding upon a cable operator and all agents, employees and independent contractors of a cable operator involved in the construction, operation or maintenance of a cable operator's cable system.

(c)

Protection of persons and property. In constructing, maintaining and operating a cable system, a cable operator shall ensure:

(1)

That the safety, functioning and appearance of the property and the convenience and safety of other persons are not adversely affected by the installation or construction of the facilities necessary for the cable operator's cable system; and

(2)

That the owner of property be fully and promptly compensated by the cable operator for any damages caused by the cable operator in the installation, construction and maintenance of the cable operator's cable system.

(d)

Relocation of facilities. If, the county elects to alter or modify the grade or use of any street, right-of-way, alley, public way or public place, a cable operator upon reasonable notice by the county, shall remove or relocate the affected facility or equipment at the cable operator's expense.

(e)

Temporary moving or removal of wires or equipment. A cable operator shall, at the request of the county, temporarily raise, lower or remove any overhead wires, cable or equipment to permit the moving of buildings or other structures. The actual expense for the temporary moving or removal shall be paid by the person moving the building or structure.

(Ord. No. 01-15, 8-7-2001)