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510
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<br /> D. Right of Intervention. The County shall have the right of
<br />intervention.in any suit or proceeding to which the Grantee is party, and the
<br />Grantee shall not oppose such intervention by the County.
<br /> E. Right to Require Removal of Property. Upon denial of renewal of
<br />this Ordinance or the Franchise, or upon its revocation or expiration, as
<br />provided for herein, the County shall have the right to require the Grantee to
<br />remove, at its own expense, all portions of the Cable Television System
<br />required by public necessity from all streets and public ways within the
<br />County.
<br /> F. Expense Reimbursement to County. The Grantee of an initial
<br />Franchise shall pay the County a sum of money which will, when added to
<br />application fees received, reimburse all costs and expenses incurred by it in
<br />connection with preparation of this Ordinance, the Franchise Agreements and
<br />the initial grant of a Franchise, including, but not limited to, consultant
<br />fees, attorneys' fees, publication fees, travel expenses and all other direct
<br />costs; provided, however, that the County shall submit a detailed schedule of
<br />all such costs. Such payment shall be made within thirty (30) days after the
<br />County furnishes the Grantee with a written statement of such expenses.
<br /> 4.22 NO RECOURSE AGAINST THE GRANTOR. The Grantee shall have no
<br />recourse whatsoever against the County or its officials, boards, commissions,
<br />agents, or employees for any loss, cost, expense or damage arising out of any
<br />provision or requirements of the Franchise or because of the enforcement of
<br />this Ordinance or the Franchise. Notwithstanding the foregoing, Grantee may
<br />make application for non-monetary equitable relief (e.g., injunction or
<br />mandamus) to a court of competent jurisdiction upon reasonable notice to the
<br />Grantor.
<br />V. REGULATION OF FRANCHISE
<br /> 5.1 REGULATORY AUTHORITY.
<br /> A. On-Going Regulation. The County shall exercise -appropriate
<br />regulatory authority under the provisions of this Ordinance and applicable
<br />law. This authority shall be vested in the Board of County Commissioners and
<br />administered through the County Manager or his designee in order to provide
<br />day-to-day administration and enforcement of the provisions of this Ordinance
<br />and any Franchise granted hereunder, and to carry out the County's
<br />responsibilities with regard to cable communications.
<br /> B. Change in Law or Regulation. Notwithstanding any other provisions
<br />of this Ordinance to the contrary, the Grantee shall at all times comply with
<br />all laws and regulations of the local, state and federal government. In the
<br />event that any actions of the state or federal government or any agency
<br />thereof, or any court of competent jurisdiction upon final adjudication,
<br />substantially reduce in any way the power or authority of the County under
<br />this Ordinance or the Franchise, or if in compliance with any local, state, or
<br />federal law or regulation, the Grantee finds conflict with the terms of this
<br />Ordinance, the Franchise, or any law or regulation of the County, then as soon
<br />as possible following knowledge thereof, the Grantee shall notify the County
<br />of the point of conflict believed to exist between such law or regulation and
<br />the laws or regulations of the County, this Ordinance and the Franchise. The
<br />County, at its option, may notify the Grantee that it wishes to negotiate
<br />those provisions which are affected in any way by such modification in
<br />regulations or statutory authority. Thereafter, the Grantee shall negotiate
<br />in good faith with the County in the development of alternate provisions which
<br />shall fairly restore the County to the maximum level of authority and power
<br />permitted by law. The County shall have the right to modify any of the
<br />provisions to such reasonable extent as may be necessary to carry out the full
<br />intent and purpose of this Ordinance and Franchise.
<br /> C. Authority. The County reserves the right to exercise the maximum
<br />plenary authority, as may at any time be lawfully permissible, to regulate the
<br />Cable Television System, the Franchise and the Grantee. Should applicable
<br />legislative, judicial or regulatory authorities at any time permit regulation
<br />not presently permitted to the County, the County may following written notice
<br />to the Grantee but without the approval of the Grantee engage in any such
<br />additional regulation as may then be permissible, whether or not contemplated
<br />by this Ordinance or the Franchise, including without limitation, regulation
<br />regarding Franchise fees, taxes, programming, rates charged to subscribers and
<br />users, consumer protection, or any other similar or dissimilar matter. 5.2 SUPERVISION OF THE FRANCHISE.
<br /> A. The County shall have the following regulatory responsibility:
<br /> (1) Administration and enforcement of the provisions of this Ordinance
<br /> and any Franchise granted hereunder.
<br /> (2) Award, renewal, extension or termination of a Franchise pursuant
<br /> to the provisions of this Ordinance, the Franchise, and other
<br /> applicable law.
<br /> (3) Consent prior to sale or transfer of any Franchise granted
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