Yolo County Municipal Code Art. 10 Street Work, Permits, and Construction

(a) Within thirty (30) days after the acceptance of a franchise, the grantee 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, encroachment permits, microwave carrier licenses, and any other permits, licenses, and authorizations to be granted by duly constituted regulatory agencies having jurisdiction over the operation of cable television/communications systems or associated microwave transmission facilities.

(b) In connection with subsection (a)of this section, copies of all petitions, applications, and communications submitted by the grantee to the Federal Communications Commission, Securities and Exchange Commission, or any other Federal or State regulatory commission or agency having jurisdiction in respect to any matters affecting the grantee’s cable communications operations, and any and all actions taken thereon by each such commission or agency, shall also be submitted simultaneously to the County Administrator. Upon determining that the grantee has obtained all necessary permits, licenses, and authorizations, including rights of access to poles and conduits, the ’’’’County’ ’’Administrator’’ shall issue the notice to proceed.

(c) The County shall be authorized to establish special fees payable by a grantee to defray the costs incurred by the Department of Public Works in supervising and regulating the installation of a cable communications system within the streets of the respective agencies. The Director of Public Works shall be authorized to formulate reasonable schedules for the installation of a cable communications system within the streets of the County for the purpose of promoting safety, reducing inconvenience to the public, and insuring adequate restoration and repair of the streets, and a grantee, and its officers, agents, contractors, and subcontractors, shall comply with any and all such schedules. (§ 1, Ord. 961, eff. October 27, 1983)

(a) Within thirty (30) days after the issuance of a notice to proceed the grantee shall commence the construction and installation of the cable communications system.

(b) Within 180 days after the commencement of the construction and installation of the system, the grantee shall proceed to render service to subscribers, and the completion of the installation and construction shall be pursued with reasonable diligence thereafter so that service to all of the areas designated and scheduled on the map and plan of construction made a part of the franchise shall be provided as set forth in this chapter.

(c) The construction and installation of the cable communications system shall be complete and ready for the issuance of a final order of completion in accordance with Section 11-1.1001 of this article at the time set forth in the ordinance offering a franchise.

(d) Failure on the part of the grantee to commence and diligently pursue each of the requirements of this section and to complete each of the matters set forth in this section shall be grounds for the termination of such franchise. By resolution, the Board, in its discretion, may extend the time for the commencement and completion of the installation and construction for additional periods in the event the grantee, acting in good faith, experiences delays by reason of circumstances beyond his control.

(e) The County shall have the right, free of charge, to make additional use for any public or municipal purpose, whether governmental or proprietary, of any poles, conduits, or other similar facilities erected, controlled, or maintained exclusively by or for the grantee in any street provided such use by the County does not interfere with the use by the grantee. (§ 1, Ord. 961, eff. October 27, 1983)

No franchise shall be deemed to expressly or impliedly authorize the grantee to construct or install poles or wire-holding structures within streets for the purpose of placing cables, wires, lines, or otherwise without the written consent of the County within which the street is situated. Such consent shall be given or withheld in the sole discretion of the County and may be given upon such terms and conditions as the County, in its sole discretion, may prescribe, which shall include a requirement that the grantee perform, at its sole expense, all tree trimming required to maintain the poles clear of obstructions.

With respect to any poles or wire-holding structures which a grantee is authorized to construct and install within streets, the County reserves the privilege of utilizing such poles or wire-holding structures, if such use would enhance the public convenience and would not unduly interfere with the grantee’s operations, with the condition that the County, public utility, or public utility district pay to the grantee any or all actual and necessary costs incurred by the grantee in permitting such use. (§ 1, Ord. 961, eff. October 27, 1983)

(a) Unless otherwise authorized by the Board, in those areas and portions of the County where transmission and/or distribution facilities of the public utility providing telephone service, and those of the utility providing electric service, are underground or hereafter may be placed underground, or are to be placed underground by a builder, developer, or subdivider as a part of a development or subdivision, then the grantee shall likewise construct, operate, and maintain all of its transmission and distribution facilities underground to the maximum extent that existing technology reasonably permits the grantee to do so.

(b) In new developments or subdivisions, the builder, developer, or subdivider shall be responsible for the performance of all necessary trenching and backfilling of main line and service trenches, including the furnishing of any imported backfill material required. The grantee shall be responsible for the conduct of the engineering and labor to put the cable conduit in the trench. Pre-wiring of new dwellings to franchise specifications while under construction shall be mandatory. The grantee shall be responsible for pulling in the cable and providing the plant electronics and drops to individual homes after occupancy.

(c) In those areas and portions of the County where utility service facilities are currently located underground, the grantee shall be responsible for the undergrounding of cable facilities, including the performance of all necessary trenching, and the furnishing of any imported backfill material required.

(d) Previously installed aerial cable shall be undergrounded in concert, and on a cost-sharing basis, with other utilities pursuant to the general laws of the County or applicable State laws or in the event such action shall be taken by all other utilities on a voluntary basis.

(e) Subject to approval by the Board, incidental appurtenances, such as amplifier boxes and pedestal-mounted terminal boxes, may be placed aboveground but shall be of such size and design and shall be so located as not to be unsightly or hazardous to the public. (§ 1, Ord. 961, eff. October 27, 1983)

(a) The grantee shall be required to extend the subscriber network and, upon an order by the County, the institutional network to any new developments or general areas within the imposed service area and is authorized to do so within the remainder of the Franchise Area pursuant to the following requirements:

(1) The grantee shall extend and make cable communications service available to every dwelling unit within any area reaching the minimum density of at least forty (40) dwelling units per street mile, or five (5) dwelling units within 660 feet, as measured from existing feeder cable.

(2) The grantee shall extend and make cable communications service available to every dwelling unit in all unserved, developing areas having at least forty (40) dwelling units planned per street mile, as measured from the existing system, and shall extend its system simultaneously with the installation of utility lines.

(3) The grantee shall extend and make cable communications service available to any isolated resident requesting a connection at the standard connection charge if the connection to the isolated resident would require no more than a standard 150 foot aerial drop line.

(4) With respect to requests for connections requiring an aerial drop line in excess of 150 feet, the grantee shall extend and make available cable television service to such residents at a connection charge not to exceed the actual installation costs incurred by the grantee for the distance exceeding 150 feet.

(5) Whenever the grantee shall have received written requests for services from at least fifteen (15) assured subscribers within 1,300 cable feet of its aerial trunk cable, the grantee shall extend its system to such subscribers solely for the usual connection and service fees for all subscribers provided such extension is technically and economically feasible. The 1,300 cable feet shall be measured in extension length of the grantee’s cable required for service located within a public way or easement and shall not include the length of necessary drop to the subscriber’s house or premises.

(b) Nothing set forth in this section shall be construed to prevent the grantee from serving areas not covered by this section upon an agreement with developers, property owners, or residents.

(c) Any violation of this section shall be considered a breach of the terms of this chapter. (§ 1, Ord. 961, eff. October 27, 1983)

(a) Each cable communications system, including wires and appurtenances, shall be located and installed and maintained so that none of the facilities endanger or interfere with the lives or safety of persons, or interfere with any improvements the County or State may deem proper to make, or unnecessarily hinder or obstruct the free use of the streets or other public property.

(b) All transmission and distribution structures, lines, and equipment erected or installed by a grantee within the Yolo County community shall be so located as to cause minimum interference with the proper use of streets and other public property and to cause minimum interference with the rights and reasonable convenience of property owners who adjoin any of the streets or other public property. (§ 1, Ord. 961, eff. October 27, 1983)

(a) All disturbances by the grantee of pavement, sidewalks, driveways, landscaping, or other surfacing of streets shall be restored, repaired, or replaced by the grantee at its sole cost in a manner approved by the Director of Public Works, and in compliance with generally applicable standards of the agency vested with jurisdiction thereover, and in as good condition as before the disturbance occurred.

(b) To the extent practicable and reasonable, each grantee shall accommodate the desires of any property owner respecting location within easements or rights-of-way traversing private appurtenances constituting a part of the cable communications system. Any disturbance of landscaping, fencing, or other improvements upon private property, including private property traversed by easements or rights-of-way utilized by a grantee, at the sole expense of the grantee, shall be promptly repaired or restored (including the replacement of such valuables as shrubbery and fencing) to the reasonable satisfaction of the property owner as soon as possible. Each grantee, through authorized representatives, shall make a reasonable attempt to personally contact the occupants of all private property in advance of entering such property for the purpose of commencing any installation of elements of the system within the easements or rights-of-way traversing such property. As used in this subsection, the terms “easements” and “rights-of-way” shall not include easements or rights-of-way for roadway purposes. (§ 1, Ord. 961, eff. October 27, 1983)

(a) Upon any failure of the grantee to commence, pursue, or complete any work required by it by law or by the provisions of a franchise to be done in any street, the Board, at its option and according to law, may cause such work to be done, and the grantee shall pay to the County the cost thereof in the itemized amounts reported by the Board to the grantee within thirty (30) days after the receipt of such itemized report.

(b) In the event that:

(1) Any part of such system has been installed in any street or other area without complying with the requirements of this chapter and/or the franchise ordinance; or

(2) The use of any part of the system of the grantee is discontinued for any reason for a continuous period of thirty (30) days without prior written notice to and approval by the County; then

(3) The grantee, at the option of the County, and at the expense of the grantee and at no expense to the County, and upon the demand of the County, shall promptly remove from any street or other area all property of the grantee, and the grantee shall promptly restore the street or other area from which such property has been removed to such condition as the Director of Public Works shall approve. (§ 1, Ord. 961, eff. October 27, 1983)

If during the term of a franchise the County, a city, a community services district, a County service area, a reclamation district, a public drainage district, or any other special public district elects to alter, repair, realign, abandon, improve, vacate, reroute, or change the grade of any street or to replace, repair, install, maintain, or otherwise alter any above-ground to underground cable, wire, conduit, pipe, line, pole, wire-holding structure, structure, or other facility utilized for the provision of utility or other services or the transportation of drainage, sewage, or other liquids, the grantee, except as otherwise provided in this section, at its sole expense, shall remove or relocate as necessary its poles, wires, cables, underground conduits, manholes, and any other facilities which the grantee has installed. If such removal or relocation is required within a subdivision in which all utility lines, including those for the cable communications system, were installed at the same time, the entities may decide among themselves who is to bear the cost of relocation; provided, however, the County shall not be liable to a grantee for such costs. Regardless of who bears the costs, a grantee shall take action to remove or relocate at such time or times as are directed by the agency or company undertaking the work. Reasonable advance written notice shall be mailed to the grantee advising the grantee of the date or dates removal or relocation is to be undertaken. (§ 1, Ord. 961, eff. October 27, 1983)

The grantee shall not, and shall prohibit any officer, agent, employee, contractor, or subcontractor which it retains, remove or trim any tree or portion thereof (either above, at, or below ground levels) which is located within a street, unless the removal or trimming is done in accordance with a specific tree trimming plan or general tree trimming policy which has the prior written approval of the Director of Public Works. Such approval may be given or withheld upon such terms and conditions as the Director of Public Works deems appropriate. Any such plan or policy shall set forth standards governing tree trimming/removal and shall provide for regulating in special circumstances, including actions taken in violation of the plan or policy. Each grantee shall be responsible for and shall indemnify, defend, and hold harmless the County, and its officers, agents, and employees, from and against any and all damages arising out of or resulting from the removal, trimming, mutilation of, or any injury to any tree proximately caused by the grantee, or its officers, agents, employees, contractors, or subcontractors. (§ 1, Ord. 961, eff. October 27, 1983)

Each grantee, upon a request by any person holding a building moving permit, license, or other approval issued by the County or State, shall temporarily remove, raise, or lower its wires to permit the movement of buildings. The expense of such removal, raising, or lowering shall be paid by the person requesting the same, and a grantee shall be authorized to require such payment in advance. A grantee shall be given not less than forty-eight (48) hours’ oral or written notice to arrange for such temporary wire changes. (§ 1, Ord. 961, eff. October 27, 1983).

(a) Upon the expiration or termination of a franchise, if the franchise is not renewed and if neither the County nor an assignee purchases the cable communications system, the grantee may remove any underground cable from the streets without trenching or other opening of the streets along the extension of cable to be removed. The grantee shall not remove any underground cable or conduit which requires trenching or other opening of the streets along the extension of cable to be removed, except as provided in this section. The grantee shall remove, at its sole cost and expense, any undergrounded cable or conduit by trenching or opening the streets along the extension thereof or otherwise which is ordered to be removed by the Board based upon a determination, in the sole discretion of the Board, that removal is required in order to eliminate or prevent a hazardous condition or promote future utilization of the streets for public purposes. Any order by the Board to remove cable or conduit shall be mailed to the grantee not later than ninety (90) calendar days following the date of the expiration of the franchise. A grantee shall file written notice with the Clerk of the Board not later than sixty (60) calendar days following the date of the expiration or termination of the franchise of its intention to remove cable authorized by this subsection to be removed. The notice shall specify the location of all cable intended to be removed and a schedule for removal by location. The schedule and timing of removal shall be subject to approval and regulation by the Director of Public Works. Removal shall be completed not later than twelve (12) months following the date of the expiration or termination of the franchise. Underground cable and conduit in the streets which are not removed shall be deemed abandoned, and title thereto shall be vested in the County.

(b) Upon the expiration or termination of a franchise, if the franchise is not renewed and if neither the County nor an assignee purchases the system, the grantee, at its sole expense, unless relieved of the obligation by the County, shall remove from the streets all aboveground elements of the cable communications system, including, but not limited to, amplifier boxes, pedestal-mounted terminal boxes, and cable attached to or suspended from poles which are not purchased by the County or its assignee.

(c) The grantee shall apply for and obtain such encroachment permits, licenses, authorizations, or other approvals and pay such fees and deposit such security as required by applicable general laws of the County, shall conduct and complete the work of removal in compliance with all such applicable laws, and shall restore the streets to the same condition they were in before the work of removal commenced. The work of removal shall be completed not later than one year following the date of the expiration of the franchise. (§ 1, Ord. 961, eff. October 27, 1983)

(a) In the event the use of any franchise property is permanently discontinued, or no franchise has been obtained therefor, upon the expiration of or within twelve (12) months after any termination of a franchise, the grantee shall promptly remove from the streets all property involved, other than any the Board, at its sole option, may permit to be abandoned in place.

(b) A permit to abandon in place shall first be obtained from the Director of Public Works. Nothing set forth in this section shall be deemed a taking of the property of the grantee, and the grantee shall be entitled to no surcharge by reason of anything set forth in this section.

(c) Franchise property to be abandoned in place shall be abandoned in such manner as the Board shall prescribe. Upon the abandonment of any franchise property in place, the grantee shall submit to the Board an instrument, satisfactory to the County Counsel, transferring to the County the ownership of such property. (§ 1, Ord. 961, eff. October 27, 1983)

Throughout the life of a grantee’s franchise, and in addition to other service regulations adopted by the Board, and excepting circumstances beyond the grantee’s control, such as acts of God, riots, and civil disturbances, and in providing such services, a grantee shall:

(a) Maintain all parts of its system in good condition and in accordance with standards generally observed by the cable television industry. The system shall serve individual residents, but also serve as a broad based communications source for County government, other public facilities, including hospitals, public libraries, and schools, and industrial and commercial business users;

(b) Retain sufficient employees to provide safe, adequate, and prompt service for all such residential subscribers, institutional facilities, and business users; and

(c) List system failures to minimum time duration by locating and correcting malfunctioning as promptly as is reasonably possible, irrespective of holidays or other nonbusiness hours. (§ 1, Ord. 961, eff. October 27, 1983)