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Sec. 9-44. Grant.
   (a)   In the event that the town shall grant to grantees a nonexclusive, revocable franchise to construct, operate, and maintain a cable system within the town, said franchise shall constitute both a right and an obligation to provide the services of a cable system as regulated by the provisions of this chapter and the franchise. The franchise shall include by reference those provisions of the grantee's "application for franchise" that are finally negotiated and accepted by the town and grantee.
   (b)   The franchise shall be granted under the terms and conditions contained herein, consistent with the town's Charter, Code of Ordinances, and/or other applicable statutory requirements. In the event of conflict between the terms and conditions of this chapter, the franchise, or the terms and conditions on which the town can grant a franchise, the franchise shall control.
   (c)   Any franchise granted by the town is hereby made subject to the generally applicable, nondiscriminatory Code of Ordinances of the Town of Cary as amended from time to time. Nothing in the franchise shall be deemed to waive the requirements of the various generally applicable, nondiscriminatory codes and ordinances of the town regarding permits, fees to be paid, or manner of construction.
(Ord. No. 04-009, § 6-4, 8-26-2004)