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The Board of Supervisors may, in its discretion, in lieu of considering applications for franchises hereunder, advertise for competitive bids for the purchase of a franchise hereunder.
(1966 Code, § 6A-5) (Ord. 312, § 5; Ord. 967, §§ 3, 4, 2018; Ord. 968, §§ 3, 4, 2018)
Upon consideration of an application or bids for a franchise, the Board of Supervisors may refuse to grant the requested franchise or the Board may, by ordinance, grant a franchise for a CATV system to any such applicant or bidder as may appear from such application or bids to be in its opinion best qualified to render proper and efficient CATV service to television viewers and subscribers in the county. The Board of Supervisors’ decision in the matter shall be final.
(1966 Code, § 6A-6) (Ord. 312, § 6; Ord. 967, §§ 3, 4, 2018; Ord. 968, §§ 3, 4, 2018)
(A) Any franchise granted pursuant to this chapter shall include the following condition:
“The CATV system herein franchised shall be used and operated solely and exclusively for the purpose expressly authorized by this chapter and no other purpose whatsoever.”
(B) Inclusion of the foregoing statement in any such franchise shall not be deemed to limit the authority of the county to include any other reasonable condition, limitation or restriction which it may deem necessary to impose in connection with the franchise pursuant to the authority conferred by this chapter.
(1966 Code, § 6A-7) (Ord. 312, § 7; Ord. 967, §§ 3, 4, 2018; Ord. 968, §§ 3, 4, 2018)
Any franchise granted under this chapter is renewable at the application of the grantee, in the same manner as required herein for obtaining the original franchise, except those which are by their terms expressly inapplicable; provided, however, that the Board of Supervisors may at its option waive compliance with any or all of the requirements of § 7.05.004.
(1966 Code, § 6A-8) (Ord. 312, § 8; Ord. 967, §§ 3, 4, 2018; Ord. 968, §§ 3, 4, 2018)
(A) No franchise granted pursuant to the provisions of this chapter shall become effective unless and until the ordinance granting the same has become effective and, in addition, unless and until all things required in this section and §§ 7.05.021 and 7.05.022 are done and completed, all of the things being hereby declared to be conditions precedent to the effectiveness of any such franchise granted hereunder. In the event any of such things are not done and completed in the time and manner required, the Board of Supervisors may declare the franchise null and void.
(B) Within 30 days after the effective date of the ordinance awarding a franchise or within the extended period of time as the Board of Supervisors, at its discretion, may authorize, the grantee shall file with the Clerk of the Board his or her written acceptance in form satisfactory to the District Attorney, of the franchise, together with the bond and insurance policies required by §§ 7.05.021 and 7.05.022, respectively, and his or her agreement to be bound by and to comply with and do all things required of him or her by the provisions of this chapter and the franchise. The acceptance and agreement shall be acknowledged by the grantee before a notary public and shall, in form and content, be satisfactory to and approved by the District Attorney.
(1966 Code, § 6A-9) (Ord. 312, § 9; Ord. 967, §§ 3, 4, 2018; Ord. 968, §§ 3, 4, 2018)
(A) Any franchise granted pursuant to the provisions of this chapter shall authorize and permit the grantee to engage in the business of operating and providing a CATV system in the described service area and for that purpose to erect, install, construct, repair, replace, reconstruct, maintain and retain in, on, over, under, upon, across and along any public street, the poles, wires, cable, conductors, ducts, conduit, vaults, manholes, amplifiers, appliances, attachments and other property as may be necessary and appurtenant to the CATV system; and in addition, so to use, operate and provide similar facilities or properties rented or leased from other persons, firms or corporations, including but not limited to any public utility or other grantee franchised or permitted to do business in the county.
(B) The granting of a franchise pursuant to this chapter shall not be construed as permission or authority to enter on, occupy or otherwise utilize private property without the express consent of the owner or agent in possession thereof.
(C) No franchise granted hereunder shall be construed as a franchise, permit or license to transmit any special program or event for which a separate and distinct charge is made to the subscriber in the manner commonly known and referred to as “pay television” and no grantee shall directly or indirectly install, maintain or operate on any television set a coin box or any other device or means for collection of money for individual programs.
(D) The grantee may charge subscribers for installation or connection to its CATV system and may make a fixed monthly charge for service. All rates, charges, deposits and installation or connection charges shall be approved by the Board of Supervisors. No increase in the rates and charges to subscribers, as set forth in the schedule filed and approved with grantee’s application, may be made without the prior approval of the Board of Supervisors expressed by resolution.
(1966 Code, § 6A-10) (Ord. 312, § 10; Ord. 967, §§ 3, 4, 2018; Ord. 968, §§ 3, 4, 2018)
(A) No franchise granted by the Board of Supervisors under this chapter shall be for a term longer than 20 years following the date of acceptance of the franchise by the grantee or the renewal thereof.
(B) Any such franchise granted hereunder may be terminated prior to its date of expiration by the Board of Supervisors in the event that the Board shall have found, after 30 days’ notice of any proposed termination and public hearing, that:
(1) The grantee has failed to comply with any provisions of this chapter or has, by act or omission, violated any term or condition of any franchise or permit issued hereunder; or
(2) Any provision of this chapter has become invalid or unenforceable and the Board of Supervisors further finds that such provision constitutes a consideration material to the grant of the franchise; or
(3) The county acquires the CATV system property of the grantee.
(1966 Code, § 6A-11) (Ord. 312, § 11; Ord. 967, §§ 3, 4, 2018; Ord. 968, §§ 3, 4, 2018)
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