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DRAFT
<br />B:~nch£me. ~he hear£ng aha11 be ~eceded b~ :e&~o~ble ~ob£ce to e~ch og the
<br />Franchise applicants and to the public, and shall be conducted by the Board of
<br />County Commiseioner~ in accordance w£th the fol~ow£ng procedures=
<br /> (~) There shall be an agenda for the hearing which shall s~ec£fy the
<br /> proposal(e) to be co~s£dered at the hear£n~.
<br /> (2) Eve=y person who has applied for a cable television Franchise
<br /> sha~ appear at the hearing e£t~er £n ~erson or by author£zed
<br /> representative. The applicat£on of any applicant not so appearing
<br /> shall not be further considered, except for good cause shown.
<br /> (3) Ail persons shall be g£ven opportunity to participate £n the
<br /> hearing, but nothing contained herein s~all l£m£t'the ~ower of the
<br /> presiding officer to establish reasonable time limits and
<br /> otherwise limit repetitive statements or questions.
<br /> (4) The notice of hearing shall:
<br /> (a) Conform to all relevant State and local laws and Ordinances.
<br /> (b) Describe the agenda to be considered at the public hearing.
<br /> (c) Indicate that copies of all Franchise applications are
<br /> available for public inspection during normal business hours
<br /> at a place to be specified in the notice.
<br /> D. County Discretion. The County, at its discretion, may reject any
<br />application for an initial Franchise. In awarding a Franchise, the CouRty
<br />shall allow the applicant's cable system a reasonable period of time to become
<br />capable of providing cable service to all households in the Franchise area;
<br />may require adequate assurance that the cable operator will provide adequate
<br />public, educational, and governmental access channel capacity, facilities, or
<br />financial support; and may require adequate assurance that the cable operator
<br />has the financial, technical, or legal qualifications to provide cable
<br />service.
<br /> Adopted this the 16th day of February, 1998.
<br />
<br /> /s/ Sue B. Casper
<br />ATTEST: Chair, Board of Commissioners
<br />/s/ Frankie F. ~onds
<br />County Clerk
<br />
<br /> FRANCHISE AGREEMENT BETWEEN CABARRUS COUNTY, NORTH C~ROLINA AND
<br /> TIME WARNER ENTERTAINMENT - ADVANCE NEWHOUSE
<br />
<br /> January 1, 1998
<br />
<br /> T~IS AGREEMENT is made and entered into as of this __ day of ,
<br />1998, by and between the County of Cabarrus, North Carolina, her~r
<br />referred to as "County" and Time Warner Entertainment- Advance Newhouse, a New
<br />York general partnership, with its principal place of business in Charlotte,
<br />North Carolina, at Time Warner Cable, 2300 Yorkmont Road, Charlotte, NC
<br />28217, hereinafter referred to as "Franchisee."
<br /> WHEREAS, the County is authorized to grant one or more non-exclusive,
<br />revocable, franchises to construct, reconstruct, operate~ and maintain a Cable
<br />Television System within the County;
<br /> W~EREAS, Franchisee will rebuild the Cable Television System as set
<br />forth herein for the benefit of the County and all persons located therein;
<br /> WHEREAS, the County, after initial public hearings consideration and due
<br />evaluation, has determined that it is in the best interest of the County and
<br />its residents to renew the Franchise of Franchisee for a twelve (12) year
<br />term.
<br /> NOW, THEREFOr, IN CONSIDERATION of the mutual promises and covenants
<br />contained herein, the parties do mutually agree as follows:
<br />I. GRANT OF FRANCHISE
<br /> A. Enactment. Franchisee is hereby granted for itself and its
<br />successors and assignors, subject to the terms and conditions of this
<br />Franchise Agreement, the right, privilege, and authority to construct,
<br />operate, maintain, and reconstruct a Cable Television System within the
<br />streets, alleys, and public ways of the County. Franchisee shall provide a
<br />uniform County-wide Cable Television System to the residents and institutions
<br />of the County im accordance with this Franchise Agreement.
<br /> B. Ordinance. The Franchise Agreement is subject to the Cable
<br />Television Ordinance of the Cabarrus County Code of Ordinances(hereafter
<br />referred to as "Cable ordinance"). Nothing in this Franchise Agreement shall
<br />be deemed to waive the requirements of the various codes and ordinances of the
<br />County regarding permits, fees to be paid, or manner of construction.
<br /> C. Use of Public Ways. For the purpose of operating and maintaining
<br />a Cable Television System in the County, Franchisee may erect, inetal~,
<br />construct~ repair, rep[ace, reconstruct, and retain in~ on~ over, under~
<br />
<br />
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