§ 5.12.060. Nature of franchise.

A.

Scope. A franchise granted pursuant to this chapter shall authorize and permit a franchisee to construct, operate, maintain and repair a cable system or an OVS (as applicable) to provide cable service within the unincorporated area of the county and for that purpose to erect, install, construct, repair, replace, reconstruct, maintain facilities appurtenant to such system in, on, over, under, upon, across, and along the public rights-of-way, and along such other public property that the county may authorize a franchisee to use.

B.

No Implied Rights. A franchise shall not convey rights other than as specified in this chapter or in the franchise agreement, and no rights shall pass by implication.

C.

Not in Lieu of Other Authorizations. A franchise shall not include or be a substitute for: compliance with any other requirements for the privilege of transacting and carrying on a business within the county including, but not limited to, complying with the conditions the county may establish before constructing facilities for or providing noncable services; any permit, agreement or authorization of general applicability required in connection with operations on or in public rights-of-way or public property, including by way of example and not limitation, encroachment permits for street construction; or any permits or agreements for occupying any other property of the county or private entities to which access is not specifically granted by the franchise.

D.

Compliance with Other Laws Required. A franchise does not relieve a franchisee of its duty to comply with all county ordinances and regulations of general applicability, and every franchisee must comply with the same. Likewise, the rights granted under a franchise are subject to the exercise of police and other powers the county now has or may later obtain, including but not limited to the power of eminent domain.

E.

Not a Grant of Property Rights. A franchise does not convey title, equitable or legal, in the public rights-of-way. Rights granted under the franchise may not be subdivided or subleased.

F.

Possessory Interest of Public Property. A franchise granted pursuant to this chapter shall notify the franchisee of potential tax liability for property taxes pursuant to Section 107.6 of the California Revenue and Taxation Code.

G.

Nonexclusive Franchise. No franchise granted under this chapter shall be exclusive, prevent the county from issuing other franchises or authorizations, or prevent the county from itself constructing, operating, or repairing its own cable communications system with a franchise.

H.

Term. Every franchise issued pursuant to this chapter shall be for a term of years, which term shall be specified in the franchise.

I.

Costs Borne by Franchisee. Unless otherwise specifically stated in a franchise, or required by law, all acts which a franchisee is required to perform under the franchise or applicable law must be performed at the franchisee's expense.

J.

Failures to Perform. If a cable communications system operator fails to perform work that it is required to perform within the time provided for performance, the county may perform the work and bill the operator therefor. The operator shall pay the amounts billed within thirty days. Nothing in this section shall preclude the county from exercising any other remedies available at law or in equity if the cable communications system operator fails to perform work that it is required to perform within the time provided for performance.

(Ord. 1262 § 2 (part), 2005)