Lake County Municipal Code Art. III Construction

Sec. 7-16. - Permits, Installation and Service.

16.1 Within thirty (30) days after acceptance of any license the licensee shall proceed with due diligence to obtain all necessary permits and authorizations which are required in the conduct of its business, including, but not limited to, any utility joint use attachment agreements, microwave carrier license, and any other permits, licenses and authorizations to be granted by duly constituted regulatory agencies having jurisdiction over the operation of CATV systems, or their associated microwave transmission facilities.

(Ord. No. 560, § 3, 1969)

16.2 Within ninety (90) days after obtaining all necessary permits, licenses, and authorizations, licensee shall commence construction and installation of the CATV system.

(Ord. No. 560, § 3, 1969)

16.3 Within one hundred eighty (180) days after the commencement of construction and installation of the system, licensee shall proceed to render service to subscribers, and the completion of the construction and installation shall be pursued with reasonable diligence thereafter, so that service to all areas designated on the map accompanying the application for license, as provided in Article 5 hereof, shall be provided within one (1) year from the date that service was first provided.

(Ord. No. 560, § 3, 1969)

16.4 Failure on the part of the licensee to commence and diligently pursue each of the foregoing requirements and to complete each of the matters set forth herein, shall be grounds for termination of such license. The Board in its discretion may extend the time for the commencement and completion of construction and installation for additional periods.

(Ord. No. 560, § 3, 1969)

Sec. 7-17. - Locations, Construction and Undergrounding.

17.1 Any poles, wires, cable lines, conduits or other properties of the licensee to be constructed or installed in streets, shall be so constructed or installed only at such locations and in such manner as shall be approved by the Director of Communications and shall conform to all applicable laws including the County's Encroachment Article.

(Ord. No. 560, § 3, 1969)

17.2 The licensee shall not install or erect any facilities or apparatus in or on other public property, places or rights-of-way, or within any privately owned area within the County which has not yet become a public street but is designated or delineated as a proposed public street on any tentative subdivision map approved by the County except those installed or erected upon existing or future public utility facilities, without obtaining the prior written approval of the Director of Communications and the owner-subdivider.

(Ord. No. 560, § 3, 1969)

17.3. In those areas and portions of the County where the transmission or distribution facilities of both the public utility providing telephone service and those of the utility providing electric service are underground or hereafter may be placed underground, then the licensee immediately upon written request by the Director of Communications shall likewise construct, or reconstruct, operate and maintain all of its transmission and distribution facilities underground. For the purpose of this subsection, "underground" shall include a partial underground system, e.g., streamlining. Amplifiers in licensee's transmission and distribution lines may be in appropriate housings upon the surface of the ground as approved by the Director of Communications. The County shall not in any manner be responsible for any costs incurred by any licensee in placing his property underground.

(Ord. No. 560, § 3, 1969)

Sec. 7-18. - Removal and Abandonment of Property of Licensee.

18.1 In the event that the use of any part of the CATV system is discontinued for any reason for a continuous period of twelve (12) months or in the event such system or property has been installed in any street, or public place without complying with the requirements of this chapter, or the license has been terminated, cancelled or has expired, the licensee shall promptly, upon being given ten (10) days' notice, remove from the streets or public places all such property and poles of such system other than any which the Director of Communications may permit to be abandoned in place. In the event of such removal, the licensee shall promptly restore the street or other area from which such property has been removed to a condition satisfactory to the Director of Communications.

(Ord. No. 560, § 3, 1969)

18.2 Any property of the licensee remaining in place six (6) months after the termination, forfeiture or expiration of the license shall be considered permanently abandoned. The Director of Communications may extend such time not to exceed an additional thirty (30) days.

(Ord. No. 560, § 3, 1969)

18.3 Any property of the licensee to be abandoned in place shall be abandoned in such manner as the Director of Communications shall prescribe. Subject to the provisions of any utility joint use attachment agreement, upon permanent abandonment of the property of the licensee shall submit to the Director of Communications an instrument in writing, to be approved by the County Counsel, transferring to the County the ownership of such property. Any mortgage or security interest existing with regard to any abandoned property shall not prevent the County from removing said property and the cost of such removal shall constitute a first lien on said property and any other mortgage or security interest shall be subordinate to said lien. The Licensee in creating a mortgage or security interest, in all instances, shall clearly state that such interest is subject to all the provisions of this chapter and is specifically subject to this provision with regard to abandoned property.

(Ord. No. 560, § 3, 1969)

Sec. 7-19. - Changes Required by Public Improvements.

19.1 The licensee shall, at its expense, protect, support, temporarily disconnect, relocate in the same street or other public place, or remove from the street or other public place, any property of the licensee when required by the Director of Communications by reason of traffic conditions, public safety, street vacation, freeway and street construction, change or establishment of street grade, installation of sewers, signal lines, and tracks or drains, water pipes, power lines or any other type of structures or improvements by public agencies; provided, however, that the licensee shall in all such cases have the privileges and be subject to the obligations to abandon any property of the licensee in place, as provided in this chapter.

(Ord. No. 560, § 3, 1969)

Sec. 7-20. - Failure to Perform Street Work.

20.1 Upon failure of the licensee to commence, pursue, or complete any work required by law or by the provisions of this chapter or by its license to be done in any street or other public place, within the time prescribed, and to the satisfaction of the Director of Communications, the Director of Communications may, at his option, cause such work to be done and the licensee shall pay to the County the cost thereof in the itemized amounts reported by the Director of Communications to the licensees within thirty (30) days after receipt of such itemized report.

(Ord. No. 560, § 3, 1969)