BC 1978 10 16 - Laserfiche WebLink

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262 (A) Failure by the Company to present to the Board of Commis- sioners of Cabarrus County within 90 days following the issuance of the FCC Certificate, the binding commitment of a lending institution or financing company to make available necessary financing for the construction of the Cable Tele- vision System, in a sum of not less than $2,000,000.00. (B) Failure by the Company to submit to the Federal Communication Commission (FCC) a full and proper request for the necessary sanctions, permits and approvals to construct and operate the cable television system within 120 days of the acceptance date hereof. (C)Failure by the Company to apply for a pole use agreement from the necessary parties for usage of poles necessary to the operation of the cable television system within four months of the effective date hereof. (D) Failure by the Company for any reason to submit to the Board of Commissioners of Cabarrus County for its ap- proval a plan for local origination broadcasting within two years of a certification by the FCC or before 1400 subscribers are connected to the system; whichever first Occurs. (E) Failure by the Company to present to the Board of Commissioners for its approval a map of the County showing the areas to be served by the cable system before any construction may begin. Section 6. It shall be unlawful to operate a cable television system in Cabarrus County without a franchise to do so duly granted by the Board of Commissioners of Cabarrus County. Section 7. This Ordinance shall not be valid unless it is accepted by the Company within thirty days of its effective date, which acceptance shall be in writing in such form and executed in such manner as to be a valid and legally binding acceptance. Section 8. The acceptance of this franchise ordinance by the Company shall constitute representations and covenants by it that: (A) It accepts and agrees to all of the provisions of this Ordinance and those instruments incorporated herein by reference; (B) It has examined all of the provisions of this and the CATV Ordinance and waives any claims that any pro- visions hereof are unreasonable, arbitrary or void. (C) It recognizes the right of the County to make reasonable amendments to the franchise ordinance or franchise agreement during the term of the franchise, provided, that no such change shall compromise the franchisee's ability to perform satisfactorily its obligations or rights under this ordinance or the franchise agreement. It further recognizes and agrees that the County shall in no way be bound to renew the franchise at the end of franchise term; (D) It acknowledges that its rights hereunder are subject to the police power of the County to adopt and enforce general ordinances necessary to the safety and welfare of the public; and it agrees to comply with all applicable general laws enacted by the County pursuant to such power; (E) In addition to the standards of construction, maintenance and operation set forth in the CATV Ordinance and in its Proposal, it will meet the standards of the CATV Industry related to signal quality and technical standards of construction, operation and maintenance of the system and the state of the art of the industry; (F) With reference to the provisions of Section 2.8 of the CATV Ordinance, it will make single installations of its standard community service facilities in accordance with the terms of said section at such additional County- owned facilities as may from time to time be designated by the County Manager.