92-10. Use of Streets or Roads

  1. Minimum interference. All transmission and distribution structures, lines and equipment erected by a grantee within the County shall be so located as to cause minimum interference with the proper use of streets, highways and public rights-of-way and to cause minimum interference with the rights and reasonable convenience of property owners who abut any of said streets, highways or public rights-of-way. The CATV system shall be constructed and operated in compliance with all existing and future County, state and national construction and electrical codes.
  2. Repair. In case of the excavation or disturbance by the grantee or designated subcontractor of any street, sidewalk, alley, public way or paved area, the grantee shall, at its own cost and expense, repair, replace and restore such street, sidewalk, alley, public way or paved area in as good a condition as before the work was done.
  3. Relocation of facilities. Whenever the State of North Carolina or other properly constituted authority shall require the relocation or reinstallation of any property of a grantee in any of its streets, highways or public rights-of-way within the County, it shall be the obligation of the grantee, upon 30 days' notice of such requirement, to immediately remove and relocate or reinstall such property as may be reasonably necessary to meet the requirements of the state or such properly constituted authority. Such relocation, removal or reinstallation by a grantee shall be at no charge or expense to the County.
  4. Notice of construction work by other agencies. The grantee shall, at its expense, and after 48 hours' notice thereof, protect, support, temporarily disconnect or relocate in the same street or other public place any property of the grantee when required by the County or the North Carolina Department of Transportation by reason of traffic conditions, public safety, street closing or abandonment, highway or street construction, change or establishment of street grade, installation of sewers, drains, water pipes, power lines or signal lines or any other type of structures or improvements, and the County or the North Carolina Department of Transportation shall not be liable for any disturbances of the grantee's installation resulting therefrom. This subsection applies to streets or roads as defined herein.
  5. Use of poles. A grantee shall not erect, authorize or permit others to erect any poles or facilities within the streets, highways or public rights-of-way within the County for the conduct of its CATV system but shall use the existing poles and other equipment of the appropriate electrical power and telephone and other utility companies under such terms and agreements as the grantee negotiates with these companies; provided, however, that when the grantee is unable to reach mutually satisfactory arrangements with appropriate electrical power and telephone and other utility companies, or where facilities are not available, the grantee may locate its poles or facilities within the streets, highways or public rights-of-way within the County or to the extent that the County has such right-of- way and appropriate approval is obtained.
  6. Coordination. The grantee shall maintain membership in North Carolina One Call Center, Inc. to assure coordination with all member utilities.