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Session Laws, 1972
Volume 708, Page 2485   View pdf image
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Anne Arundel County                         2485

Section 12-1731.

(a)    In the event of the failure of the franchisee to commence
to render community television service to the residents of the County
as contemplated and provided for by this franchise within a period
of one year from the date necessary pole agreements are signed with
the holders of public licenses as set forth in Section 12-1718 (a),
which agreements the franchisee will use due diligence to obtain, the
County Council shall have the right, on reasonable notice to the
franchisee, to declare this franchise and the rights granted there-
under forfeited; provided, however, that failure to comply with this
stipulation by reason of causes beyond the reasonable control of the
franchisee, which could not be reasonably anticipated at the time of
its acceptance by the franchisee, shall not be sufficient grounds to
declare a forfeiture.

(b)    If the franchisee shall fail to comply with any of the
provisions of this franchise, or default in any of its obligations,
except for causes beyond the reasonable control of the franchisee, as
heretofore provided and shall fail, within thirty (30) days after
written notice from the County to correct such default or non-
compliance, the County Council shall have the right to revoke this
franchise and all rights of the franchisee hereunder.

(c)    Upon the termination of this franchise or any renewal
thereof, the franchisee shall remove its posts, poles, television trans-
mission and distribution system and other appurtenances from the
streets, lanes, sidewalks, highways, alleys, bridges and other public
places in the County and shall restore such streets, lanes, highways,
sidewalks, alleys, bridges and other public places to their original
condition.

(d)    The franchisee may surrender this franchise at any time,
upon filing with the County a written notice of its intention to do so,
at least sixty (60) days before the surrender date. On the surrender
date specified in such notice, all the rights and privileges, and all of
the obligations, duties and liabilities of the franchisee under this
Ordinance, shall cease and terminate, except that the franchisee shall
have an additional six (6) months to remove its plant and equipment
from County streets and all other public lands upon which it is
located. At the end of said six (6) months, any property owned by
the franchisee and not removed from County properties will become
the property of the County, to do with as it may choose. Any costs
accruing- to the County in removing the franchisee's former posses-
sions from County streets or land will be a claim against the fran-
chisee.

Section 12-1732.

The franchise and rights herein granted shall take effect and be
in force from and after the effective date of this Article and upon
filing of acceptance by the franchisee with the Secretary to the
County Council; provided, that if the acceptance is not filed within
sixty (60) days from said effective date, the provisions of this
franchise be null and void.

 

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Session Laws, 1972
Volume 708, Page 2485   View pdf image
 Jump to  
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