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Camden Overview
Camden, SC Code of Ordinances
CAMDEN, SOUTH CAROLINA CODE OF ORDINANCES
CITY OFFICIALS OF CAMDEN, SOUTH CAROLINA
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC UTILITIES
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 92.19 NO TRANSFER WITHOUT CONSENT.
   (A)   The franchise may not be assigned or transferred, in whole or part, or leased or sublet or mortgaged by any means without prior consent, which consent shall not unreasonably be withheld. A change of control or ownership of the company shall be considered a transfer. The term "control" includes actual working control in whatever manner exercised, and shall be deemed to have occurred upon acquisition or accumulation by any person of ten percent of the shares or interests in the company or any entity which directly or indirectly owns or controls the company. The company and the proposed transferee must cooperate in the city's investigation of the transfer and each is required to provide pertinent documents and respond to reasonable requests for information, including specifically, requests for projections regarding the financial performance and rates of the system after transfer.
   (B)   In reviewing a request for a transfer, the city may consider, but is not limited to considering, the following factors, except as prohibited by federal law:
      (1)   The ability of transferee to satisfy all terms and conditions of franchise and to continue to provide service at a reasonable price;
      (2)   The financial, technical and legal qualifications of transferee (including character qualifications);
      (3)   The proposed transferee's record of performance in other canmunities and plans for management of Camden system;
      (4)   Whether there are outstanding franchise compliance issues; whether proceedings to terminate the franchise have commenced; or whether the transfer would adversely affect the rights of the city under the franchise;
      (5)   Whether transferee understands and is willing to accept all obligations under the franchise, including its duty to correct all past deficiencies, if any; and whether the transferee is willing to sign the franchise and transfer documents;
      (6)   Whether the transfer will adversely affect service to the public;
      (7)   Whether the transferee and the company have provided information necessary to evaluate the transfer request; and
      (8)   Not withstanding the foregoing, transfer to a parent or affiliate corporation with the same ownership and control shall not require consent of the city, provided the city is given 60 days notice in writing.
(Ord., passed 8-25-92)
§ 92.20 RATE REGULATIONS.
   The city and the company agree that, should the Acts be amended to allow regulation of basic and/or any other rates for services or fees charged by the company, during the term of this franchise, this franchise may, at the option of the city, be reopened solely to establish procedures for such regulation. The city shall give the company 60 days written notice of such proposed reopening of this agreement.
(Ord., passed 8-25-92)
§ 92.21 PROVISION OF PUBLIC EDUCATIONAL AND GOVERNMENT ACCESS.
   (A)   The city and the company agree that provision of access to cable television channel time for public education and government use is an important consideration. To provide such local access, the company shall be required to designate a Public Access Channel and make up to two hours per 24-hour day available free of charge for educational and governmental use. A proportionate portion of the two hours shall be broadcast during prime viewing time, defined as being between the hours of 7:00 p.m. and 11:00 p.m. seven days per week.
   (B)   Such use shall be defined as free access to the company's character generator and shall be subject to mechanical limitations of the company's character generating equipment. Access will be provided at the company's administrative office in the city, and company personnel shall assist interested public parties in preparing announcements and other public information.
   (C)   Public access uses shall be defined as public service announcements; notices of meetings and activities, including fund raising events, of civic and non-profit community organizations, and local governing bodies; announcements of educational activities; non- commercial services and events of general interest in the city; and the like.
   (D)   Commercial interests, paid political announcements, and other subject matter which is deemed inappropriate by both the city and the company shall be excluded from free public access as defined in this section.
   (E)   The company is further required to make special provisions for local access which would not be adequately provided through use of the character generator. In such cases, the company shall make available its video production facilities in Abbeville, South Carolina. It will be the responsibility of the interested party to schedule use of these facilities with the company and to arrange its own transportation to Abbeville. The company shall make the facilities available as quickly and as conveniently as possible.
(Ord., passed 8-25-92)
§ 92.22 SEPARABILITY.
   If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed to be a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. This severability clause is expressly subject to the following: if any material provision is preempted, declared void or becomes unenforceable for any reason, the city shall have the right to adopt alternative provisions and amendments which preserve the benefits of the franchise or establish equivalent benefits. If the alternative provisions and amendments cannot be adopted to the satisfaction of the city, the city shall have the right to shorten the franchise term to a date not less than 24 months after the date a provision is preempted, declared void or becomes unenforceable.
(Ord., passed 8-25-92)