[HISTORY: Adopted by the Town Council of the Town of Somerset as indicated. Amendments noted where applicable.]
County legislation — See Ch. 123.
Sections added. Chapter 8A of the Montgomery County Code (1972), adopted by Chapter 123, § 123-1, of this Town Code, is hereby amended by adding the following additional sections:
Section 8A-3: "Town" means the Town of Somerset, Maryland, an incorporated municipality. Notwithstanding anything to the contrary contained herein, the corporate limits of the Town of Somerset shall be included with the geographical areas of the county to which this law applies.
Section 8A-9(j): Approval by Town of Somerset. Whenever in this section the approval of the county is required, a franchisee shall also be required to obtain the approval of the Town of Somerset, which approval shall not unreasonably be withheld.
Sections amended. Chapter 8A of the Montgomery County Code (1984), adopted by Chapter 123, § 123-1, of this Town Code, is hereby amended as follows:
Section 8A-10: Indemnity. A franchisee shall, at its sole cost and expense, indemnify, hold harmless, and defend the county (including the Town of Somerset), its officials, boards, commissions, agents and employees against any and all claims, suits, causes of action, proceedings, and judgments for damage arising out of construction, maintenance, or operation of the cable communication system under the franchise. These damages shall include but not be limited to penalties arising out of copyright infringements and damages arising out of any failure by the franchisee to secure consents from the owners, authorized distributors or licensees of programs to be delivered by cable communications system, whether or not any act or omission complained of is authorized, allowed, or prohibited by the franchise.
All executive regulations now adopted by the County Executive for Montgomery County pursuant to the authority contained in Chapter 8A of the Montgomery County Code (1984) are hereby incorporated by reference and deemed to be effective within the Town of Somerset.
All regulations or amendments to regulations hereafter adopted by the County Executive for Montgomery County pursuant to the authority contained in Chapter 8A of the Montgomery County Code (1984) shall become effective within the Town to the extent not disapproved by the Town Council by ordinance.
Montgomery County, Maryland, is hereby requested and authorized to administer and enforce the provisions of this chapter, and any franchise granted by the County Council for Montgomery County, Maryland, will be effective within the corporate limits of the Town as fully and to the same extent as if granted by the Town.
Nothing herein contained shall in any way be construed as exempting the franchisee from compliance with any other applicable ordinance of the Town of Somerset now or hereafter enacted.