(A) Any franchise granted under this chapter shall be non-exclusive.
(B) No privilege or exemption shall be granted or conferred by any franchise granted under this chapter except those specifically prescribed herein.
(C) Any privilege claimed under the franchise by the grantee in any street or other public property shall be subordinate to any prior lawful occupancy of the streets or other public property.
(D) Any such franchise shall be a privilege to be held in personal trust by the original grantee. It cannot in any event, be sold, transferred, leased, assigned or disposed of, whole or in part either by forced or involuntary sale, or by voluntary sale, merger, consolidation, by change in control of a corporation or company, stock transfer, transfer in trust, mortgage or other hypothecation, or otherwise, without the prior consent of the Board of Supervisors expressed by resolution, and then only under such conditions as may therein be prescribed. Any such transfer or assignment shall be made only by an instrument in writing, a duly executed copy of which shall be filed in the office of the county and local within 30 days after any such transfer or assignment. The consent of the Board of Supervisors may not be arbitrarily refused; provided, however, that the proposed assignee must show financial responsibility and must agree to comply with all provisions of the ordinance; and, provided further, that no such consent shall be required for a transfer in trust, mortgage or other hypothecation as a whole, to secure an indebtedness.
(E) Time shall be of the essence of any such franchise granted hereunder. The grantee shall not be relieved of his or her obligation to comply promptly with any of the provisions of this chapter or by any failure of the county to enforce prompt compliance.
(F) Any right or power in, or duty impressed upon, any officer, employee, department of board of the county shall be subject to transfer by the county to any other officer, employee, department or board of the county.
(G) The grantee shall have no recourse whatsoever against the county for any loss, cost, expense or damage arising out of any provision or requirement of this chapter or of any franchise issued hereunder or because of its enforcement.
(H) The grantee shall be subject to all provisions, rules, regulations and conditions prescribed by federal, state, county and local law heretofore or hereafter enacted or established during the term of any franchise granted hereunder. Copies of all petitions, applications and communications submitted by the grantee to the Federal Communications Commission, Securities and Exchange Commission or any other federal or state regulatory commission or agency having jurisdiction in respect to any matters effecting CATV operations authorized pursuant to this franchise shall also be submitted simultaneously to the Clerk of the Board of Supervisors.
(I) Any such franchise granted shall not relieve the grantee of any obligation involved in obtaining pole space from any department of the county, utility company or from others maintaining poles in streets.
(J) Any franchise granted hereunder shall be in lieu of any and all other rights, privileges, powers, immunities and authorities owned, possessed, controlled or exercisable by grantee, or any successor to any interest of grantee, of or pertaining to the construction, operation or maintenance of any CATV system in the county, and the acceptance of any franchise hereunder shall operate as between grantee and the county as an abandonment of any and all of the rights, privileges, powers, immunities and authorities within the county, to the effect that as between grantee and the county, any and all construction, operation and maintenance by any grantee of any CATV system in the county shall be, and shall be deemed and construed in all instances and respects to be, under and pursuant to the franchise, and not under or pursuant to any other right, privilege, power, immunity or authority whatsoever.
(1966 Code, § 6A-14) (Ord. 312, § 14; Ord. 967, §§ 3, 4, 2018; Ord. 968, §§ 3, 4, 2018)