(A) Required. No cable communications system shall be allowed to occupy or use the streets of the town or be allowed to operate without a franchise.
(B) Term. The term of any franchise granted pursuant to this chapter shall be as stated in the franchise agreement.
(C) Acceptance.
(1) Following approval by the town, any franchise granted pursuant to this chapter, and the rights, privileges, and authority granted thereunder, shall take effect and be in force from and after the date on which the grantee accepts, signs, and affixes its corporate seal to the franchise agreement.
(2) By accepting the franchise, the grantee agrees to be bound by all the terms and conditions contained in this chapter and the franchise. The grantee also agrees to provide all services specifically set forth in its application to provide cable television service within the confines of the town, and by its acceptance of the franchise.
(3) By accepting the franchise, the grantee acknowledges that it does so relying upon its own investigation and understanding of the power and authority of the town in connection with the system and the franchise.
(4) By accepting the franchise, the grantee acknowledges that it has not been induced to enter into the franchise by any understanding or promise or other statement not expressed therein, whether oral or written, concerning any term or condition of the franchise, regardless of whether the statement was made by or on behalf of the town.
(5) By accepting the franchise, the grantee acknowledges that it has carefully read the terms and conditions of the franchise agreement.
(D) Nonexclusive. Any franchise granted hereunder shall be nonexclusive. The town specifically reserves the right to grant at any time the additional franchises containing substantially equivalent standards, terms, and conditions to those previously granted hereunder for a cable communications system as it deems appropriate.
(E) Time of the essence. Whenever the franchise agreement shall set forth any time for an act to be performed by the franchise grantee as the time shall be deemed of the essence.
(F) North Carolina law governs. In any controversy or dispute under this chapter, the law of the State of North Carolina shall apply to the extent the law has not been superseded or preempted.
(Ord. passed 10-13-1998) Penalty, see § 111.999