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Title: 5 - Business Regulations

Chapter: 08 - CATV Systems

Section: 70 - Franchise Limitations

A.  Any franchise granted under this chapter shall be nonexclusive.

B.  No privilege or exemption shall be granted or conferred by any franchise granted under this chapter except those specifically prescribed herein.

C.  Any privilege claimed under any such franchise by the grantee in any street or other public property shall be subordinate to any prior lawful occupancy of the streets or other public property.

D.  Any such franchise shall be a privilege to be held in personal trust by the original grantee. It cannot in any event be sold, transferred, leased, assigned or disposed of, in whole or in part, either by forced or involuntary sale, or by voluntary sale, merger, consolidation or otherwise, without the prior consent of the board expressed by resolution, and then only under such conditions. as may therein be prescribed. Any such transfer or assignment shall be made only by an instrument in writing a duly executed copy of which shall be filed in the office of the county clerk within thirty days after any such transfer or assignment. The consent of the board may not be arbitrarily refused provided, however, the proposed assignee must show financial responsibility and must agree to comply with all provisions of this chapter and provided, further, that no such consent shall be required for a transfer in trust, mortgage or other hypothecation as a whole, to secure an indebtedness.

E. Time shall be of the essence of any such franchise granted hereunder. The grantee shall not be relieved of his obligation to comply promptly with any of the provisions of this chapter or by failure of the county to enforce prompt compliance.

F.  Any right or power in, or duty impressed upon, any officer, employee, department, or board of the county shall be subject to transfer by the county to any other officer, employee, department, or board of the county.

G.  The grantee shall have no recourse whatsoever against the county for any loss, cost, expense, or damage arising out of any provision or requirement of this chapter or of any franchise issued hereunder or because of its enforcement.

H.  The grantee shall be subject to all requirements of county ordinances, rules, regulations and specifications heretofore or hereafter enacted or established.

I.  Any such franchise granted shall not relieve the grantee of any obligation involved in obtaining pole space from any department of the county, utility company, or from others maintaining poles in streets.

J.  Any franchise granted hereunder shall be in lieu of any and all other rights, privileges, powers, immunities, and authorities owned, possessed, controlled, or exercisable by grantee, or any successor to any interest of grantee, of or pertaining to the construction, operation, or maintenance of any CATV system in the county and the acceptance of any franchise hereunder shall operate, as between grantee and the county, as an abandonment of any and all of such rights, privileges, powers, immunities and authorities within the county, to the effect that, as between grantee and the county, any and all construction,, operation and maintenance by any grantee of any CATV system in the county shall be under and pursuant to the franchise and not under or pursuant to any other right, privilege, power, immunity, or authority whatsoever.

K.  Grantee is to avoid monopolistic practices and unfair competition and is not to solicit television sales or service as part of hook up contract with the subscriber.

 

(Ord. 72-6 § 7, 1972.)