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Pendleton, SC Code of Ordinances
PENDLETON, SOUTH CAROLINA CODE OF ORDINANCES
ADOPTING ORDINANCES
CHARTER
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
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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§ 111.23 RIGHTS OF THE GRANTEE.
   (A)   The grantee shall have the right to construct, erect, operate and maintain in, on along, across, above over and under the streets, alleys, lanes and public places of the town, poles, wires, cables, underground conduits, manholes and-other conductors and fixtures necessary for the maintenance and operation in the town of a cable television system at such locations as are reasonably suitable and convenient for the purposes of the grantee and the town, subject to the lawful exercise of the police power heretofore or hereafter granted to the town by the state General Assembly.
   (B)   The grantee shall have the right to maintain and operate, subject to the provisions, terms, conditions, and limitations prescribed in this franchise and subject to the lawful exercise of the police power heretofore or hereafter granted to the town by the General Assembly, a Cable Television System as hereinbefore and hereinafter defined on the day this franchise becomes in force and effect.
   (C)   The grantee shall not erect or install, move, alter, or change the location of any pole, wire, cable, underground conduit, manholes, and any other conductors and fixtures necessary for the maintenance and operation in the town of a Cable Television System in any street, alley, lane, or public place of the town unless prior verbal notice of its intention so to do is given to such department or agency of the town as shall be designed by the Town Administrator or the Town Council and verbal permission is granted by such department or agency. Such permission shall be conditioned upon compliance with the terms, and conditions as will preserve, protect, and promote safety of the public places of the town and will prevent interference with or obstruction of the use of streets, alleys, lanes, and other public places by the town.
   (D)   When mutually determined to be necessary for the purpose of public safety, the grantee shall erect, install, and maintain on its poles, wires, cables, underground conduits, manholes and other conductors and fixtures necessary for tee maintenance and operation in the public places of the town, such devices to appraise or warn persons using the streets, alleys, lanes, and public places of the existence of such poles, wires, cables, underground conduits, manholes, and other conductors and fixtures necessary for the maintenance and operation in the town of Cable Television System as shall be from time to time prescribed or approved by the department or agency of the town as shall be designated for the purpose by the Town Administrator or Town Council.
   (E)   The grantee shall have the right to remove, trim, cut, and keep clear of its poles, wires, cables, underground conduits, manholes, and other conductors and fixtures necessary for the maintenance and operation in the town of a cable Television System, the trees in and along the streets, alleys, lanes, and other public places of the town, but in the exercise of such right, the grantee shall not cut or otherwise injure trees to any greater extent than is reasonably necessary for the erection, installation, maintenance, and use of such poles, wires, cables, underground conduits, manholes, and other conductors and fixtures necessary for the maintenance and operation in the town of a Cable Television System. The grantee shall not trim, cut, or remove any tree from any street, alley, lane, or other public place unless prior verbal notice of its intention so to do is given to such department or agency of the town as shall be designated by the Town Administrator or Town Council and verbal permission is granted by such department or agency, except in cases of emergency or when such requirement is waived by such department or agency.
   (F)   The grantee in exercise of any right granted to it by this franchise shall reconstruct, replace, restore, or repair any street, alley, lane, or public place, and any sewer, gas, or water main, or pipe, or electric fire alarm, police communication, or traffic control facility of the town, which may be damaged, distributed or destroyed by the exercise of any such right, in a manner, with such materials, and to the satisfaction of such departments or agency of the town shall be designated by the Town Administrator or Town Council. The town shall reserve the right to determine whether the grantee has properly complied with the provisions of the paragraph and in the event it is determined that the grantee has failed to do so, the town shall have the right to carry out such provisions, and the grantee shall reimburse the town in full for all expenses incurred by the town in carrying out all or part of such provision.
   (G)   The grantee agrees that the provisions, terms, conditions, and limitations prescribed in this franchise shall be applicable in all respects to the use of streets, alleys, lanes, and public places situated in any territory annexed to the town or which may otherwise become a part of the town through extension of its corporate boundaries, and to the acquisition, erection, maintenance, and use for the said purpose of the grantee, of poles, towers, wires, appliances, conduits, subways, manholes, cable fixtures, facilities, and appurtenances of the grantee in such streets, alleys, and public places and the grantee shall have the same rights and privileges with respect thereto as are granted by this franchise for the use of streets, alleys, lanes, and public places of the town, regardless of the provisions of any franchise or other authority, public or private granted by any county or other town or of or by any deed or other instrument, and regardless of any limitations upon the expiration thereof fixed in such franchise, authority, deed, or instrument; and the right and privilege to use such streets, alleys, lanes, and public places and to acquire, erect, maintain, and use such property in such streets, alleys, lanes, and public places shall expire or terminate with the expiration or termination of this franchise.
   (H)   This franchise authorizes only the use of town streets, alleys, lanes, and other public ways and public places as hereinbefore set out for the operation of a CATV system and does not take the place of any other franchise, license, or permit which might be required by law of the grantee.
(Ord. 95-04, passed 2-14-95)
§ 111.24 MAPS, PLATS, AND REPORTS.
   (A)   The grantee shall provide maps and plats of the system and shall update these maps and plats and shall furnish a set of such updated maps to the town upon request by the town.
   (B)   The grantee shall file annually with the Town Clerk not later than 60 after the end of the grantee’s fiscal year, a copy of its report to its stockholders (if it prepares such a report), an income statement applicable to its operations during the preceding 12 months period, a balance sheet, and a statement of its properties devoted to CATV operations, by categories, giving its investment in such properties on the basis of original cost, less applicable depreciation. These reports shall be prepared or approved by certified public accountant and there shall be submitted along with them such other reasonable information as the Town Council shall request with respect to the grantee’s properties and expenses related to its CATV operations within the town.
   (C)   The grantee shall keep on file with the Town Clerk a current list of its shareholders and bondholders.
(Ord. 95-04, passed 2-14-95)
§ 111.25 PAYMENTS TO THE CITY.
   The CATV grantee shall pay the following costs and fees to the town:
   (A)   An annual fee of 3% of the gross receipts. This fee schedule shall be effective upon the award of the franchise and shall remain in effect during the term of the franchise unless superseded by actions of federal, state or other regulatory agencies.
   (B)   All costs, fees, including attorney fees, and other obligations incurred by the town and which the town may legally be required to pay in preparing, advertising and awarding of the franchise. These costs, fees and other obligations shall include but shall not be limited to consulting fees, printing, advertising and all other costs as deemed appropriate by the Town Council.
(Ord. 95-04, passed 2-14-95)
§ 111.26 FRANCHISE TERM, RENEWAL AND TERMINATION.
   (A)   The term of this franchise shall be for a period of 15 years from the date of passage of this chapter. Upon expiration, the grantee may have his franchise renewed for one or more 10 year periods if consistent with existing FCC regulations. The existing grantee will have priority consideration over all other applicants providing that his operations have well served the public interest.
   (B)   It shall be the policy of the town to consider amendments to this franchised upon application of the grantee, when necessary to enable the grantee to take advantage of any developments in the field of transmission of television and radio signals which will afford it an opportunity to more effectively, efficiently, or economically serve its potential customers; provided, however, that this section shall not be construed to require the town to make any amendment to or prohibit the town from changing its policy state herein.
   (C)   The town may terminate this franchise in the event of willful failure, refusal, or neglect of the grantee upon due notice, to accomplish or comply with the material requirements, regulations, or limitations of this ordinance, FCC regulations, or any other valid authority. The grantee must comply within 60 days after the date of notice of award.
   (D)   The town reserves the right to terminate this franchise based upon any of the following. Should the grantee:
      (1)   Become insolvent, refuse to pay its debts or is adjudged bankrupt.
      (2)   Fail to implement the provisions or responsibilities of this chapter, or practice fraud or deceit upon the town.
      (3)   Fail to have at least 30 percent of the system in operation within 12 months after the effective date hereof.
      (4)   Fail to file for right of way clearances, FCC certificate of compliance, and other necessary clearances within 60 days of date of award of franchise.
      (5)   Fail to have service available to 95 percent of the homes in areas of the town having at least 45 homes per trunk or distribution cable mile within two years of start of construction.
      (6)   Fail to maintain system performance within FCC rules, standards, and system specification as herein described, whichever may be higher.
   (E)   If this franchise is terminated by reason of the grantee’s default that part of the system located on the public ways may either become the property of the town, if so elected, at a cost not to exceed the fair market price then prevailing; or removed or relocated by the town at the cost of the grantee. In the event of a disagreement relative to the price of said property, the Town Council shall appoint an arbitration committee involving a third party for final resolution.
(Ord. 95-04, passed 2-14-95)
§ 111.27 TOWN’S RIGHT OF INTERVENTION.
   The grantee agrees not to oppose intervention by the town in any suit or proceeding to which the grantee is a party.
(Ord. 95-04, passed 2-14-95)
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