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<br />DRAFT
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<br /> 4.18 EQUAL OPPORTUNITY POLICY.
<br /> A. Equal Employment Opportunity. Equal opportunity employment shall
<br />be afforded by all operators of cable television systems to all qualified
<br />persons, and no person shall be discriminated against in employment because of
<br />race, color, religion, age, national origin, sex, or physical handicap.
<br />Grantee shall comply with all equal opportunity provisions enacted by Federal,
<br />State and local authorities, as well as all such provisions contained in this
<br />Ordinance and the Franchise.
<br /> 4.19 NOTICES. All notices from Grantee to the County pursuant to this
<br />Ordinance and the Franchise shall be to the County Manager or his/her
<br />designee. Grantee shall maintain with the County, throughou~ the term of the
<br />Franchise, an address for service of notices by mail. The Grantee shall be
<br />required to advise the County of such address(es) and telephone numbers and
<br />any changes thereof.
<br /> 4.20 FAILURE OF COUNTY TO ENFORCE THIS OPJ)INANCE, NO WAIVER OF THE
<br />TERMS THEREOF. The Grantee shall not be excused from complying with any of
<br />the terms and conditions of this Ordinance or the Franchise by any failure of
<br />the County upon any one or more occasions to insist upon or to seek compliance
<br />with any such terms or conditions.
<br /> 4.21 RIGHTS RESERVED TO THE GRANTOR.
<br /> A. Right to Purchase of the System by the County.
<br /> (1) Right to Purchase. At the expiration of any Franchise, for which
<br /> Grantee has not requested renewal or upon lawful denial by Grantor
<br /> of Grantee's right to renewal and the expiration or exhaustion by
<br /> Grantee of all rights to appeal such denial of renewal, the
<br /> Grantor may, in a lawful manner and upon the payment of fair
<br /> market value, determined on the basis of the cable system valued
<br /> as a going concern but with no value allocated to the Franchise
<br /> itself, lawfully obtain, purchase, condemn, acquire, take over and
<br /> hold the Cable Television System. Upon the lawful revocation of
<br /> any Franchise granted under this Ordinance, the Grantor may, in a
<br /> lawful manner, and upon the payment of an equitable price,
<br /> lawfully obtain, purchase, condemn, acquire, take over and hold
<br /> the Cable Television System.
<br /> (2) Date of Valuation. The date of valuation shall be no earlier than
<br /> the day following the date of expiration or termination and no
<br /> later than the date the County makes a fair and reasonable offer
<br /> for the system or the date of transfer of ownership, whichever
<br /> occurs first
<br /> (3) system Valuation. The value of the cable system shall be
<br /> determined by a qualified appraiser mutually agreed upon by the
<br /> Grantee and the County based upon the method indicated in A(1)
<br /> above. In addition, no value shall be allowed for any increase in
<br /> value arising out of any expectation or Cable Television System's
<br /> revenues beyond the forfeiture and termination date or expiration
<br /> date, whichever is sooner.
<br /> (4) Intent to Purchase. Upon receipt of notice of the County's intent
<br /> to purchase the system at the value established above, the Grantee
<br /> shall have thirty (30) days within which to accept that valuation
<br /> as the purchase price of the system. In the event that purchase
<br /> price is not acceptable, the parties shall have one hundred twenty
<br /> (120) days in which to negotiate an acceptable purchase price.
<br /> (5) Transfer to County. Upon exercise of this option, and the payment
<br /> of the agreed upon sum by the County and its service of official
<br /> notice of such action upon the Grantee, the Grantee shall
<br /> immediately transfer to the County possession and title to all
<br /> facilities and property, real and personal, of the Cable
<br /> Television system, free from any and all liens and encumbrances
<br /> not agreed to be assumed by the County in lieu of some portion of
<br /> the purchase price set forth above; and the Grantee shall execute
<br /> such warranty, deeds or other instruments of conveyance to the
<br /> County as shall be necessary for this purpose.
<br /> B. Right of Inspection of Construction. The County shall have the
<br />right to inspect all construction or installation work performed in public
<br />rights of way subject to the provisions of the Franchise and, following
<br />reasonable notice, to make such tests as it shall find necessary to ensure
<br />compliance with the terms of this Ordinance and other pertinent provisions of
<br />the law.
<br /> C. Right of Imspection of Property. Upon reasonable notice, Grantee
<br />shall permit examination by any duly authorized representative of the County,
<br />of the cable system, together with any appurtenant property of Grantee
<br />situated within or without the County where necessary to ensure compliance
<br />with the terms of this Ordinance, the Franchise, and other pertinent
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