Mendocino County Municipal Code Div. III Design and Construction

(A) At no time shall Grantee place cable underground without appropriate conduit.

(B) The cable system shall be placed underground in all portions of the franchise area where either telephone or electric lines are underground. Whenever the poles on which the cable system is constructed are eliminated, Grantee shall concurrently replace its aerial facilities with underground facilities. At no time shall the cable system be the only aerial facility in any given area.

(C) Where the cable system is installed underground, line extenders, amplifiers, taps, power supplies, traps and related electronic equipment and components may be placed in appropriate housings above the surface of the ground to the extent that the method employed is compliant with any and all applicable County, State, Federal or other regulations, and consistent with any other generally applicable guidelines, policies or procedures which may from time to time be adopted by the County or other applicable government agency. Grantee shall provide a procedure for undergrounding taps and pedestals, the cost of which the subscriber will bear, and relocating the taps and pedestals within the technical constraints of the cable system.

(Ord. No. 4115 § 1 (part), adopted 2003.)

Grantee shall be authorized to utilize existing poles, conduit and other facilities of a public utility, but shall not be authorized to construct or install any new, different or additional poles in any County streets without prior written approval by the County.

(Ord. No. 4115 § 1 (part), adopted 2003.)

Grantee shall install and maintain its wires, cables, fixtures and other equipment in accordance with applicable California Public Utilities Commission pole attachment standards, electrical codes and industry standards of the cable television industry generally applicable to the type of cable system which Grantee has constructed, owns or operates any applicable pole agreements, and all franchise agreement requirements. Grantee shall adhere to all building and zoning regulations currently in force or hereafter enacted. Grantee shall repair and restore any cuts and/or trenching in the roadway or sidewalks to County standards. Grantee shall locate and maintain its lines, cables and other appurtenances, on public property, in such a manner as to cause no unreasonable interference with the use of such public property by any person.

(Ord. No. 4115 § 1 (part), adopted 2003.)

The County Engineer shall approve the location and method of construction of all underground facilities and equipment located on public right-of-ways (including any above-grade portion of such facilities and equipment). The County Engineer also shall approve the location and installation of all new aerial facilities. All construction shall be subject to County permit and inspection fees as may be required by other applicable laws or regulations.

(Ord. No. 4115 § 1 (part), adopted 2003.)

Grantee shall file with the County "as-built" drawings of the entire cable system, excluding technical specifications. Additionally, within thirty (30) days after completion of any material modification of the cable system (e.g., a system rebuild or distribution facility replacement), Grantee shall file with the County "as-built" drawings, excluding technical specifications, of the modified cable system. The County may require that the "as-built" drawings be submitted in an electronic format specified by the County.

(Ord. No. 4115 § 1 (part), adopted 2003.)

(A) Grantee shall remove or relocate at its sole cost any facilities installed, used or maintained in connection with the franchise if and when such removal or relocation is made necessary by any project. For purposes of this Section, the word "project" means any change of grade, alignment or width of any public street, way, alley or place, including but not limited to, the construction of any subway or viaduct, that the County may initiate, either by or through itself or any redevelopment agency, community facility district, assessment district, undergrounding district, reimbursement agreement or generally applicable impact fee program.

(B) In the event that such removal or relocation is required, Grantee shall commence physical fieldwork on the removal or relocation on or before one hundred twenty (120) days after written notice of such requirement is provided by the County. If, despite its reasonable efforts, Grantee is unable to commence removal or relocation within such period, Grantee shall provide the County Administrator with written notice explaining in detail the reasons for the delay and a date certain upon which such removal or relocation is expected to commence. Grantee shall diligently proceed and promptly complete all such removal or relocation after it is commenced.

(Ord. No. 4115 § 1 (part), adopted 2003.)

Should Grantee fail, refuse or neglect to properly perform any maintenance or construction work required by the franchise following due notice from the County and a reasonable opportunity to cure as provided for under this Chapter, or should Grantee fail to commence performance of such work within the required period of time, or fail to diligently proceed and promptly complete such work thereafter, the County may, upon five (5) days prior written notice to Grantee (except in cases of emergency), cause such work or other act to be completed in whole or in part by the County forces or others, and upon so doing shall submit to Grantee an itemized statement of the costs thereof. Grantee shall pay to the County the entire amount due, without offset or deduction, within thirty (30) days from the date of such statement.

(Ord. No. 4115 § 1 (part), adopted 2003.)