[Ord. No. 97-01, 2-3-1997]
(A) 
In addition to the inherent powers of the County to regulate and control this Franchise, and those powers expressly reserved by the County, or agrees to and provided for herein, the right and power is hereby reserved by the County to promulgate such additional regulations as it shall find necessary in the exercise of its lawful powers and in furtherance of the terms and conditions of this Franchise.
(B) 
The County may also adopt such regulations at the request of Grantee upon application.
[Ord. No. 97-01, 2-3-1997]
(A) 
The County and the Grantee may hold performance evaluation sessions as may be required by federal and state law or by the County. All such evaluation sessions shall be open to the public.
(B) 
All evaluation sessions shall be announced in a newspaper of general circulation in accordance with general legal notice requirements. Grantee shall notify its subscribers of all evaluation sessions by announcement on at least one (1) channel of its system for five (5) consecutive days preceding each session.
(C) 
Topics which may be discussed at any scheduled or special evaluation session may include, but not be limited to, service rate structures; franchise fee; penalties; discounted services; application of new technologies; system performance; services provided; programming offered; customer complaints; privacy; amendments to this Article; judicial and FCC ruling; line extension policies; and Grantee or County rules.
[Ord. No. 97-01, 2-3-1997]
(A) 
Grounds for revocation. The County reserves the right to revoke the Franchise granted hereunder and rescind all rights and privileges associated with the Franchise in the following circumstances, each of which shall represent a default and breach under this Article and the Franchise grant:
(1) 
If the Grantee should default in the performance of any of its material obligations under this Article or under such documents, contracts and other terms and provisions entered into by and between the County and the Grantee.
(2) 
If the Grantee should fail to provide or maintain in full force and effect, the liability and indemnification coverage’s as required herein.
(3) 
If the Grantee should frequently violate any orders or rulings of any regulatory body having jurisdiction over the Grantee relative to this Franchise unless such orders or rulings are being contested by the Grantee in a court of competent jurisdiction.
(4) 
If the Grantee fails to receive necessary FCC approval.
(5) 
If the Grantee ceases to provided services for any reason within the control of the Grantee. The Grantee shall not be declared at fault or be subject to any sanction under any provision of this Article in any case in which performance of any such provision is prevented for reasons beyond the Grantee’s control.
(6) 
If the Grantee attempts to evade any of the provisions of this Article or the Franchise agreement or practices any fraud or deceit upon the County.
(B) 
Procedure prior to revocation.
(1) 
The County shall make written demand by certified mail to the Grantee to comply with any such requirement, limitation, term, condition, rule or regulation and shall provide the Grantee with minimum of thirty (30) days to cure the County’s complaint. If the default, failure, refusal or neglect of the Grantee continues for a period of thirty (30) days following such written demand, the County may place its request for termination of the Franchise upon a regular Board meeting agenda. The County shall cause to be served upon Grantee, at least ten (10) days prior to the date of such Board meeting, a written notice of this intent to request such termination, and the time and place of the meeting, notice of which shall be published by the County Clerk at least once, ten (10) days before such meeting in a newspaper of general circulation within the County.
(2) 
The Board shall hear any persons interested therein, and shall determine, in its discretion, whether or not any default, failure, refusal or neglect by the Grantee was with just cause.
(3) 
If such default, failure, refusal or neglect by the Grantee was with just cause, the Board shall direct the Grantee to comply with such time and manner and upon such terms and conditions as are reasonable.
(4) 
If the Board shall determine such default, failure, refusal or neglect by the Grantee was without just cause, then the Board may, by resolution, declare that the Franchise of Grantee shall be terminated.
(C) 
Restoration of property. In removing its plant, structures and equipment, the Grantee shall refill, at its own expense, any excavation that shall be made by it and shall leave all public ways and places in as good condition as prevailed prior to the Grantee’s removal of its equipment and appliances without affecting the electrical or telephone cable wires, or attachments. The County shall inspect and approve the condition of the public ways and public places; and cables, wires, attachments and poles after removal. The liability, indemnity and insurance as provided herein shall continue in full force and effect during the period of removal and until full compliance by the Grantee with the terms and conditions of this paragraph and this Article.
(D) 
Restoration by county, reimbursement of costs. In the event of a failure by the Grantee to complete any work by Section 9-1-10 and/or Section 9-3-3(C) above, or any other work required by County law or ordinance within the time as may be established and to the reasonable satisfaction of the County, the County may cause such work to be done and the Grantee shall reimburse the County the reasonable cost thereof within thirty (30) days after receipt of an itemized list of such costs. The County shall be permitted to seek legal and equitable relief to enforce the provisions of this Section.
(E) 
Extended operation. Upon the revocation of a Franchise, the County may require the Grantee to continue to operate the system for a period of time not to exceed three (3) months from the date of such revocation. The Grantee shall, as trustee for its successor in interest, continue to operate the CS under the terms and conditions of this Article and the Franchise and to provide the regular subscriber service and any and all of the services that may be provided at that time. The County shall be permitted to seek legal and equitable relief to enforce the provisions of this Section.
(F) 
Rights not affected. The termination and forfeiture of any Franchise shall in no way affect any of the rights of the County or Grantee under the Franchise or any provision of law.
[Ord. No. 97-01, 2-3-1997]
(A) 
The Franchise herein granted shall at the option of the County, cease and terminate one hundred twenty (120) days after the appointment of a receiver or receivers or trustee or trustees to take over and conduct the business of the Grantee whether in a receivership, reorganization, bankruptcy or other action or proceeding unless such receivership or trusteeship shall have been vacated prior to the expiration of said one hundred twenty (120) days, or unless:
(1) 
Such receivers or trustees shall have, within one hundred twenty (120) days after their election or appointment, fully complied with all the terms and provisions of this Article and the Franchise granted pursuant hereto, and the receivers or trustees within said one hundred twenty (120) days shall have remedied all defaults under the Franchise; and
(2) 
Such receivers or trustees shall, within said one hundred twenty (120) days, execute any agreement duly approved by the Court having jurisdiction in the premises, whereby such receivers or trustees assume and agree to be bound by each and every term, provision and limitation of the Franchise herein granted.
(B) 
In the case of a foreclosure or other judicial sale of the plant, property and equipment of the Grantee, or any substantial part thereof, including or excluding this Franchise, the Board may serve notice of termination upon the Grantee and the successful bidder at such sale, in which event the Franchise herein granted and all rights and privileges of the Grantee hereunder shall cease and terminate thirty (30) days after service of such notice, unless:
(1) 
The Board shall have approved the transfer of this Franchise, as and in the manner in this Article provided and;
(2) 
Such successful bidder shall have covenanted and agreed with the County to assume and be bound by all the terms and conditions of this Franchise.
[Ord. No. 97-01, 2-3-1997]
Notwithstanding any other provisions of this Franchise to the contrary, the Grantee shall at all times comply with all laws and regulations of the state and federal government or any administrative agencies thereof which relate to the conduct of Grantee’s system business.
[Ord. No. 97-01, 2-3-1997]
This Agreement sets forth the entire agreement between the parties respecting the subject matter hereof. All agreements, covenants, representations and warranties, express and implied, oral and written, of the parties with regard to the subject matter hereof are contained herein. No other agreements, covenants, representations or warranties, express or implied, oral or written, have been made by any party to another with respect to the matter of this Agreement. All prior and contemporaneous conversations, negotiations, possible and alleged agreements, representations, covenants and warranties with respect to the subject matter hereof are waived, merged herein and therein and superseded hereby and thereby. This is an integrated Agreement.