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 Winter Garden
 Code of Ordinances
 Chapter 71. CABLE COMMUNICATIONS
 Article IV. OPERATIONAL RULES

  § 71-102. Authority for use of streets.  

Latest version.

  • (a)

    For the purposes of operating and maintaining a cable communications system in the city, a cable communications franchise grantee may erect, install, construct, repair, replace, reconstruct and retain in, on, over, under, upon, across and along the streets within the city such lines, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, pedestals, attachments and other property and equipment as are necessary and appurtenant to the operation of the cable system, provided that all applicable permits are applied for and granted, all fees paid and all other city codes and ordinances are otherwise complied with.

    (b)

    Notwithstanding any provision of this chapter to the contrary, a grantee shall file any generally required right-of-way utilization permit application with the city engineer or other proper department as determined by the city and pay all applicable fees, if any, prior to the construction, installation, repair or maintenance of all or any portion of its communications system and shall receive permit approval prior to commencement of any construction, installation, repair or maintenance of its communications system in the public street, which approval shall not be unreasonably withheld or unreasonably delayed. Said application for a permit shall set out the place, date and time where the conduits, cables or pull lines, or other form of construction are to be installed, or removed, or the construction is to be conducted. To the extent generally required by other users of the city's rights-of-way for similar work, all permit applications submitted by a grantee shall contain plans showing existing and proposed utility facilities and specifications prepared and approved by a qualified professional engineer registered in Florida and letters of no conflict provided by other utilities having facilities located in the area or areas that the grantee desires to place conduits, cable, pull lines and/or other facilities or to begin construction. All permit applications shall indicate that a grantee has complied with the requirements of the Florida one call system. Any type of construction proposed by a grantee shall be subject to the City Code and other rules, resolutions, regulations, policies and approvals required by the city engineer and public works director. Any contractor proposed for work or construction, installation, operation, maintenance and repair of system equipment must be properly licensed under the laws of the State of Florida, and all applicable local ordinances.

    (c)

    A grantee shall construct and maintain its cable communications system so as not to interfere with other uses and users of streets. A grantee shall make use of existing poles and other facilities which are available to the grantee on reasonable terms and conditions. A grantee shall use its best efforts to notify all residents affected by proposed construction prior to the commencement of that work. Such notification shall not be required for emergencies necessitating immediate repairs.

    (d)

    Notwithstanding the grant to use streets, no street shall be used by a grantee if the city, in its sole opinion, determines that such use is inconsistent with the terms, conditions or provisions by which the street was created or dedicated or is being used.

(Ord. No. 02-03, Art. IV(2), 2-28-02)