(A) The county may from time to time add to or modify or delete provisions of this chapter as it shall deem necessary in the exercise of its regulatory powers provided that the additions or revisions are reasonable and in keeping with the public interest and welfare.
(1) The additions or revisions shall be made only after a public hearing for which franchisees shall have received written notice at least 30 days prior to the hearing.
(2) In the event of a conflict between any provision of this chapter (or amendment to it) and a franchise granted pursuant hereto, the provisions of the franchise shall control.
(B) The county reserves the right upon reasonable notice to require the grantee at his or her own expense to protect, support, temporarily disconnect, relocate or remove from the county's streets any property of the grantee by reason of traffic conditions, public safety, street construction or excavation, change or establishment of street grade, installation of sewers, drains, water pipes, power of communication lines, tracts or other types of structure or improvements by governmental agencies or any structures of public improvement.
REASONABLE NOTICE for this provision of this chapter shall be construed to mean at least 30 days except in the case of emergencies where no specific notice period shall be required.
(C) In the event of the failure by the grantee to complete any work required by division (B) above or any work required by county law or ordinance within the time established and to the satisfaction of the county, the county may cause the work to be done and the grantee shall reimburse the county the costs thereof within 30 days after receipt of an itemized list of the cost.
(D) The county reserves the right, in the event of an emergency or disaster, to require the grantee to make available to the County Manager, or his or her appointee, at his or her request, the grantee's facilities at no cost, for emergency use during the emergency or disaster period.
(E) The county reserves the right during the life of any franchise granted hereunder to have access at all reasonable hours to the grantee's plans, contracts and engineering, accounting, financial, statistical, customer and service records relating to the property and the operations of the grantee and to all other records required to be kept hereunder upon reasonable request.
(F) The county reserves the right during the life of any franchise granted hereunder, to install and maintain free from charge upon the poles and conduits of the grantee any wire and pole fixture necessary for municipal networks such as police and fire, on the condition that the installations and maintenance thereof do not interfere with the operations of the grantee.
(G) The county reserves the right during the life of any franchise granted hereunder, to reasonably inspect and supervise at the grantee's cost, all construction or installation work performed subject to the provisions of this chapter to ensure compliance with the terms of this chapter.
(1) The county may also perform measurements upon and randomly inspect any portion of a grantee's system to ensure compliance with the technical standards under which the grantee is authorized to operate.
(2) Upon the county's request, the grantee will perform the tests, submitting the results to the county.
(H) The county reserves the right during the life of any franchise granted hereunder, upon 90 days notice, to hold a public hearing for the express purpose of reviewing the general and specific performance of the grantee with regard to all franchise provisions contained herein or in the future adopted by the county.
(I) Neither the granting of any franchise nor any governing provision of the franchise shall constitute a waiver or bar to the exercise of any governmental right or power of the county.
(J) Nothing in this chapter shall in any way or to any extent be construed to waive, modify or abridge the county's right of eminent domain in respect to a franchisee.
(K) Any right or power in, or duty impressed upon any officer, employee, department or board of the county shall be subject to be transfer by the County Board by law to any other officer, employee, department or board. The county reserves the rights not specifically granted herein, and the enumeration of the rights herein shall not be construed to be a limitation of any right or power the county may otherwise have.
(L) The county shall have the authority to order a hearing every five years on the provision of additional capacity. If after a hearing, the county determines:
(1) A requirement for additional capacity exists; and
(2) Consideration has been made or will be made for adequate rates to allow the company a fair rate of return on its additional investment.
(Ord. passed 3-25-1996)