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BC 1998 02 16
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BC 1998 02 16
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4/30/2002 3:42:33 PM
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Meeting Minutes
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Minutes
Meeting Minutes - Date
2/16/1998
Board
Board of Commissioners
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523 <br /> <br /> agent or entity created hereunder or pursuant to this Ordinance. <br /> (2) Each document provided to the County which is required to be <br /> maintained, prepared, filed or submitted under the provisions of <br /> this Ordinance or pursuant to it, except those required and <br /> designated confidential by the Federal Communications Commission <br /> is a public document, available for public inspection and copying <br /> at the requester's expense at the County during normal business <br /> hours. The charge for such copying shall approximate the cost of <br /> mechanical reproduction and shall not include a charge for labor. <br />IX. BOOKS, RECORDS, AND REPORTS <br /> 9.1 BOOKS AND RECORDS AVAILABLE TO THE GRANTOR. <br /> A. Records. The Grantee shall maintain an office within Cabarrus <br />County, and manage all of its operations in accordance with a policy of <br />totally open books and records. The County shall have the right, following <br />reasonable notice, to inspect at any time during normal business hours, all <br />books, records, maps, plans, income tax returns, financial statements, service <br />complaint logs, compliance with performance test results and other like <br />materials of the Grantee which relate to the operation of the Franchise and <br />the Ordinance, to such extent as may be necessary to ensure compliance with <br />this Ordinance, the Franchise, or other pertinent provisions of federal law or <br />regulation. Access to the aforementioned records shall not be denied by the <br />Grantee on the basis that said records contain "proprietary" information. <br /> B. Review. Grantee shall permit, upon reasonable notice, any duly <br />authorized representative of the County to examine and copy or transcribe any <br />and all maps and other records kept or maintained by Grantee or under its <br />control concerning the operations, affairs, transactions or property of <br />Grantee to such extent as may be necessary to ensure compliance with this <br />Ordinance, the Franchise, or other pertinent provisions of federal law or <br />regulation. If any such maps or records are not kept in the County, or upon <br />reasonable request made available in the County, and if the County shall <br />determine that an examination of such maps or records is necessary or <br />appropriate to the performance of any of their duties, then all travel and <br />maintenance expenses necessarily incurred in making such examination shall be <br />paid by Grantee. <br /> 9.2 REPORTS REQUIRED. The Grantee shall file with the County: <br /> A. Regulatory Communications. Upon request, all reports required by <br />the Federal Communications Commission (FCC) including, but not limited to <br />Equal Employment Opportunity (EEO) reports, and all petitions, applications <br />and communications of all types submitted by Grantee to the FCC, the Security <br />and Exchange Commission (SEC), or any other Federal or State regulatory <br />commission or agency, having jurisdiction over any matter affecting operation <br />of Grantee's system shall be submitted simultaneously to the County by <br />delivery to the County Clerk who shall advise interested County departments of <br />such filing. <br /> B. System Report. Any revisions to the system "as built" maps shall <br />be filed with the County as available. Upon request, a report setting forth <br />the physical miles of plant construction and plant in operation during the <br />most recent fiscal year shall be submitted to the County. <br /> c. Construction Reports. Construction reports shall be sent to the <br />County thirty (30) days after the Franchise is awarded and quarterly <br />thereafter until construction is completed as specified in Section 7.7(A) and <br />(B) of this Ordinance. <br /> D. Proof of Performance Tests. Proof of performance test results <br />shall be supplied to the County when sections of the system are rebuilt and <br />thereafter as required in Section 7.8(A) of this Ordinance. <br /> E. Test Required by County. Tests required by County as specified in <br />Section 7.8(E) of this Ordinance shall be submitted within fourteen (14) days <br />of notification. <br /> F. Change in Service. A report on any change in programming or <br />service shall be provided to the County thirty (30) days prior to <br />implementation. <br /> G. Proof of Bonds and Insurance. Grantee shall submit to the County <br />the required performance bond, or a certified copy thereof, and written <br />evidence of payment of required premium, and a certificate of insurance <br />evidencing all policies of insurance required by this Ordinance, or certified <br />copies thereof, and written notice of payment of required premium. <br /> H. Financial and Ownership Reports. The following financial reports <br />for the Franchise area shall be submitted annually to the County: <br /> (1) A statement of gross revenues (which may be submitted quarterly <br /> in accordance with § 4.15.E) of the system certified by an officer <br /> of the Grantee responsible for the System's financial statements. <br /> (2) A copy of the annual shareholders' report(s) for Grantee or the <br /> corporation, partnership or other entity having legal control of <br /> <br /> <br />
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