|
504
<br />
<br />DRAFT
<br />
<br />and/or statutory requirements shall control.
<br /> C. GENEP~%L COUNTY ORDINANCES. Any Franchise granted by the County
<br />is hereby made subject to the general ordinance provisions now iu effect and
<br />hereafter made effective. Nothing in the Franchise shall be deemed to waive
<br />the requirements of the various codes and ordinances of the County regarding
<br />permits, fees to be paid, or manner of construction.
<br /> 4.2 FRANCHISE AREA. The Franchise area shall be the entire County,
<br />or portions thereof, for which a Franchise is granted.
<br /> 4.3 USE OF FUBLIC RIGHTS OF WAY. For the purpose of operating and
<br />maintaining a Cable Television System in the County, the Grantee may erect,
<br />install, construct, repair, replace, reconstruct and retain in, on, over,
<br />under, upon, across and along the public streets and ways within the County
<br />such wires, cables, conductors, ducts, conduits, vaults, manholes,
<br />amplifiers, appliances, pedestals, attachments and other property and
<br />equipment as are necessary to the operation of the Cable Television Systems,
<br />provided, however, that Grantee complies with all design, construction,
<br />safety, and performance provisions contained in this Ordinance, the Franchise
<br />Agreement, and other applicable local ordinances. Prior to placing any
<br />facilities on County poles or in County conduit, the Grantee shall obtain
<br />separate pole use agreements from the County.
<br /> 4.4 USE OF COUNTY FACILITIES. The Grantee may, with the agreement of
<br />the County, use County-owned conduit or other facilities for any portion of
<br />its Cable Television System. The consideration for the use of County conduit
<br />or other facilities shall be as stated in a contract for such usage. A fair
<br />and reasonable fee for the use of County facilities shall be established in a
<br />contract for such usage, and may be adjusted at the periodic performance
<br />evaluations. The County shall indemnify and hold Grantee harmless from any
<br />claim or action found to be caused by the intentional or negligent act or
<br />omission of County, its employees, agents, or subcontractors.
<br /> 4.5 USE OF GBANTEE SYSTEM. No poles shall be erected by the Grantee
<br />without prior approval of the County with regard to location, height, type
<br />and any other pertinent aspect. However, no location of any pole of the
<br />Grantee shall be a vested right and such poles shall be removed or modified
<br />by the Grantee at its own expense whenever the County determines that the
<br />public convenience would be enhanced thereby. Grantee shall utilize existing
<br />poles and conduits, where possible. The County shall have the right, during
<br />the life of the Franchise, to install and maintain free of charge upon the
<br />poles owned by the Grantee, any wire and pole fixtures that do not
<br />unreasonably interfere with the Cable System operations of the Grantee. The
<br />County shall indemnify and hold the Grantee harmless from any claim or action
<br />found to be caused by the intentional or negligent act or omission of County,
<br />its employees, agents, or subcontractors.
<br /> 4.6 FRANCHISE REQUIRED. No Cable Television System shall be allowed
<br />to occupy or use the streets of the County or be allowed to operate without a
<br />Franchise.
<br /> 4.7 TERM OF FRANCHISE. The term of any Franchise granted pursuant to
<br />this Ordinance shall be stated in the Franchise.
<br /> 4.8 FRANCHISE NON-EXCLUSIVE. Any franchise granted pursuant to this
<br />Ordinance shall be nonexclusive. The County specifically reserves the right
<br />to (I} grant at any time such additional franchises for a Cable Television
<br />System as it deems appropriate, and/or (ii) build, operate, and own such
<br />cable communication system or systems as it deems appropriate. Provided,
<br />however, no such franchise shall be granted On terms or conditions more
<br />favorable or less burdensome than those imposed upon any existing franchisee.
<br /> 4.9 TIME IS OF THE ESSENCE TO THIS ORDINANCE. Whenever the agreement
<br />shall set forth any time for an act to be performed by or on behalf of the
<br />Grantee, such time shall be deemed of the essence and any failure of the
<br />Grantee to perform within the time allotted shall always be sufficient ground
<br />for the County to invoke an appropriate penalty including possible revocation
<br />of the Franchise.
<br /> 4.10 LAW GOVERNS. In any controversy or dispute under this Ordinance,
<br />the law of the State of North Carolina shall apply.
<br /> 4.11 SEVEHABILITY. If any ~ection, subsection, sentence, clause,
<br />phrase or portion of this Ordinance or the Franchise is for any reason held
<br />invalid or unconstitutional by any court of competent jurisdiction, or by any
<br />Federal, State, or Local statute or regulation, such portion shall be deemed
<br />a separate, distinct and independent provision and such holding shall not
<br />affect the validity of the remaining portions thereof.
<br /> 4.12 TRANSFER OF OWNERSHIP OR CONTROL.
<br /> A. Transfer of Franchise. Any Franchise granted hereunder shall not
<br />be sold, transferred, leased, assigned or disposed of, including but not
<br />limited to, transfer by force or voluntary sale, merger, consolidation,
<br />receivership or other means, nor shall the control of the Grantee be changed,
<br />
<br />
<br />
|