(a) Every direction, notice or order by the County to be served upon a grantee shall be delivered or sent by registered mail to the office specified in the franchise agreement. Every notice served upon the County shall be delivered or sent by first class mail to the County Administrator, Loudoun County, Virginia.
(b) All provisions of this chapter shall apply to a grantee, its successors, and assignees, as may be approved by the County Board of Supervisors in accordance with this chapter.
(c) The rights granted by this chapter are subject to all franchises and permits heretofore or hereafter granted by the Board of Supervisors to use the streets of the County or by other public utilities, public service corporations, cable operators, or telecommunications providers. It is not intended by the grant of a franchise to abridge the exercise of the police power heretofore or hereafter granted to the County by the State. The grant of a franchise is subject to all ordinances and resolutions of, or agreements adopted by, the Board of Supervisors of the County, as the same now exist or may be hereafter amended, revised, or codified, in the lawful exercise of any other power granted to the County.
(d) Specific mention of the materiality of any of the provisions herein is not intended to be exclusive of any others for the purpose of determining whether any failure of compliance hereunder is material and substantial.
(e) If any particular section of this chapter, or the particular application thereof, including any applicable section of Chapters 805 or Chapter 806, shall be held invalid, the remaining provisions, and their application, shall not be affected thereby.
(f) A grantee, upon its acceptance of a franchise, shall be bound by the provisions of this chapter, all responses, statements and all matters agreed upon in a franchise agreement.
(g) A grantee shall assume the cost of any public notice required by law.
(h) In the event that any provision of the Communications Act of 1934, as amended, or any other statute, law or regulation, which is relied on herein or in any agreement for any definition or requirement, is repealed, then the language of such provision at the time of such repeal shall nevertheless continue to apply for the purposes of this chapter or any agreement, regardless of such repeal, except as otherwise provided herein or in any agreement or as prohibited by such subsequent repeal or amendment.
(i) The rights and remedies reserved to the County by this chapter are cumulative and shall be in addition to and not in derogation of any other rights or remedies which the County may have with respect to the subject matter of this chapter. A waiver of any right or remedy by a party at one time shall not affect the exercise of said right or remedy or any other right or other remedy by such party at any other time. The failure of the County to take any action in the event of a material breach by a grantee shall not be construed or otherwise be deemed to constitute a waiver of the right of the County to take such an action at any other time in the event that said material breach has been cured, or with respect to any other material breach by a grantee.
(j) In the event that, after the effective date of this chapter, any court, agency, commission, legislative body, or other authority of competent jurisdiction declares this chapter invalid, in whole or in part, the portion of this chapter which is not held to be invalid shall continue in full force and effect.
(k) In the event that, after the effective date of the chapter, any court, agency, commission, legislative body, or other authority of competent jurisdiction declares or requires the grantee to (1) perform an act which is inconsistent with any provision of this chapter, or (2) cease performing any act required by any provision of this chapter and the grantee intends to exercise its rights pursuant to such declaration, the grantee shall so notify the County of said declaration or requirement.
(l) The headings contained in the chapter and any agreements are to facilitate reference only, do not form a part of the chapter or an agreement, and shall not in any way affect the construction or interpretation hereof.
(Ord. 2-21. Passed 6-17-02.)