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BC 1998 02 16
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BC 1998 02 16
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Meeting Minutes
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Minutes
Meeting Minutes - Date
2/16/1998
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Board of Commissioners
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508 <br /> <br /> E. Disposition of System. In the event a Franchise expires and <br />renewal is denied, is revoked or otherwise terminated, the County may in its <br />sole discretion, do any of the following: <br /> (1) Purchase the system under the procedures set forth in Section 4.21 <br /> of this Ordinance. <br /> (2) Effect a transfer of ownership of the system to another party; <br /> (3) Order the removal of the system required by public necessity from <br /> the County within a reasonable period of time as determined by the <br /> County or.require the original Grantee to maintain and operate its <br /> system for a period of six (6) months or until such further time <br /> as is mutually agreed upon. <br />F. Restoration of Property. In removing its plant, structures and <br /> equipment, the Grantee shall refill, at its own expense, any excavation that <br /> shall be made by it and shall leave all public ways and places in as good a <br /> condition or better than that prevailing prior to the Grantee's removal of its <br /> equipment and appliances without affecting the electrical or telephone cable <br /> wires or attachments° The County shall inspect and approve the condition of <br /> the public ways and public places and cables, wires, attachments, and poles <br /> after removal. The liability, indemnity, insurance and performance bond as <br /> provided herein shall continue in full force and effect during the period of <br /> removal and until full compliance by the Grantee with the terms and conditions <br /> of this paragraph, this Ordinance and the Franchise. <br /> G. Restoration by County; Reimbursement of Costs. In the event of a <br />failure by the Grantee to complete any work required by Sections 4.3 and 4.5 <br />and/or (F) above, or any other work required by County law or ordinance within <br />the time as may be established and to the satisfaction of the County, the <br />County following reasonable notice to the Grantee may cause such work to be <br />done and the Grantee shall reimburse the County the cost thereof within thirty <br />(30) days after receipt of an itemized list of such costs or the County may <br />recover such costs through the performance bond provided by Grantee. The <br />County shall be permitted to seek legal and equitable relief to enforce the <br />provisions of this Section. <br /> H. Extended Operation. Upon either the expiration or revocation of a <br />Franchise, the County may require the Grantee to continue to operate the <br />system for a period of six (6) months from the date of such expiration or <br />revocation, or until such time as is mutually agreed upon. The Grantee shall, <br />as trustee for its successor in interest, continue to operate the Cable <br />Television System under the terms and conditions of this Ordinance and the <br />Franchise and to provide the regular subscriber service and any and all of the <br />services that may be provided at the time. The County shall be permitted to <br />seek legal and equitable relief to enforce the provisions of this Section. <br /> 4.17 RECEIVERSHIP AND FORECLOSURE. <br /> A. Termination by Insolvency. The Franchise granted hereunder shall, <br />at the option of the County, cease and terminate one hundred twenty (120) days <br />after the appointment of a receiver or receivers or trustee or trustees to <br />take over and conduct the business of the Grantee whether in a receivership, <br />reorganization, bankruptcy or other action or proceeding unless such <br />receivership or trusteeship shall have been vacated prior to the expiration of <br />said one hundred twenty (120) days, or unless: <br /> (1) Such receivers or trustees shall have, within one hundred twenty <br /> (120) days after their election or appointment, fully complied <br /> with all the terms and provisions of this Ordinance and the <br /> Franchise granted pursuant hereto, and the receivers or trustees <br /> within said one hundred twenty (120) days shall have remedied all <br /> defaults under the Franchise; and <br /> (2) Such receivers, or trustees shall, within said one hundred twenty <br /> (120) days, execute an agreement duly approved by the Court having <br /> jurisdiction in the premises, whereby such receivers or trustees <br /> assume and agree to be bound by each and every term, provision and <br /> limitation of the Franchise herein granted. <br />B. Termination by Judicial Action. In the case of a foreclosure or <br /> other judicial sale of the plant, property and equipment of the Grantee or any <br /> part thereof, including or excluding the Franchise, the County may serve <br /> notice of termination upon the Grantee and the successful bidder at such sale, <br /> in which event the Franchise and all rights and privileges of the Grantee <br /> granted hereunder shall cease and terminate thirty (30) days after service of <br /> such notice, unless: <br /> (1) The County shall have approved the transfer of the Franchise, in <br /> the manner this Ordinance provides, and <br /> (2) Such successful bidder shall have covenanted and agreed with the <br /> County to assume and be bound by all the terms and conditions of <br /> the Franchise. <br /> 4.18EQUAL OPPORTUNITY POLICY. <br /> <br /> <br />
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