(A) Services in the public way subject to a franchise. In order to place or maintain facilities in the public way, all persons that operate utilities that the town may franchise under the authority of G.S. § 160A-319 shall apply for a franchise to be approved by the Town Council in accordance with town charter. Services for which a franchise may be required include telephone; electrical power; water; wastewater collection, treatment, or disposal; gas production, transmission, or distribution; transportation; solid waste collection and disposal; off-street parking systems; stormwater management and drainage services; telecommunications; and internet service if not provided via cable service.
(B) Licenses. The town may determine that a franchise is not required for a particular class of services identified above, and in such case may determine to require such users to obtain a license. In addition, other users with facilities in the public way not included in division (A) above may be required to obtain a license, as determined in the discretion of the town. The town shall determine, in its discretion, the necessity of a license and the type of license, taking into consideration the length of time the facilities will in the public way, the potential impact on the public way, and prior practice of the town.
(D) Contents of franchises and licenses. Licenses and franchises shall, at a minimum, contain the following provisions:
(1) The identity and legal status of the user;
(2) The name and contract information for the officer, agent, or employee of user responsible for communications with the town, which shall be continuously updated as the information changes;
(3) A general description of existing and proposed facilities and the portions of the public way to be utilized for such facilities, with additional specifics as may be required by the town;
(4) A description of the services, if any, to be offered within the town, and the parts of the town or properties within the town where such services will be available, which description shall be updated as services change;
(5) A description of the services or facilities to be offered to the town itself, or to other public or governmental institutions within the town, if any such services are to be offered;
(6) Acknowledgment that the license or franchise does not limit the town’s police power and that the town may enact additional ordinances, standards, and requirements that will apply to user;
(7) Acknowledgment that the user will be required to obtain additional permits and approvals from the town beyond the license or franchise;
(8) Acknowledgment that user is and shall at all times remain in compliance with the “E-Verify” provisions of G.S. Ch. 64, Art. 2, and that user shall require that all subcontractors providing services related to the license or franchise be and remain in compliance with G.S. Ch. 64, Art. 2;
(9) Acknowledgment that the user is responsible for all damage cause by its contractors;
(10) Commitment to pay for all damages that arise in connection with the user’s acts or omissions in the public way or the user’s facilities;
(11) Commitment to defend and indemnify the town for all claims and liabilities that arise in connection with the user’s acts or omissions in the public way or the user’s facilities;
(12) A description of bonds or performance guarantees and insurance that are required, if any;
(13) The time period of the franchise or license;
(14) In the case of a franchise, acknowledgment that transfer or assignment requires approval of the Town Council; and
(15) Acknowledgment that receipt of authorization from the town do not in any way relieve the user from complying with any policy, rule, regulation, ordinance, permit requirement, or other restriction or requirement imposed by SGWASA.
(E) Assignment. If a license allows assignment, notice of the assignment shall be given to the town not less than 30 days prior to the assignment , with ownership and contact information updated to reflect the proposed assignment.
(F) Information available to town. All licensees and franchisees shall provide the town all books, data, records, maps, plans, billings, and payments or submissions to the state relating to the user’s facilities and their function, location, income, history, maintenance, and repair, and filings with the state’s Utilities Commission. The documents shall be provided within a reasonable period of time, not to exceed 30 days. The town may examine all such information at no cost. If information is copied for the town, the costs of copying, if any, shall be limited to the charges of a commercial copying facility selected by the town.
(G) Declaration of forfeiture. The town may declare a forfeiture of a license or franchise and all of the user’s rights arising thereunder in the event the user does not comply with material provisions of its license or franchise, or is in substantial violation of this chapter or other standards adopted by the town. The town shall give a franchisee or licensee at least 30 days’ written notice of its intent to declare a forfeiture, which notice shall include a description of the noncompliance. The user shall have 30 days from receipt of the town’s notice to cure the noncompliance or to make substantial progress toward such cure, as determined in the reasonable discretion of the town.
(H) No violation of this section’s provisions shall be subject to criminal penalties under § 152.99(B).
(Ord. passed 5-1-2014; Ord. 22-01-03, passed 1-6-2022)