Combined Code_2017

measurements upon and randomly inspect any portion of a grantee's system to ensure compliance with the technical standards under which the grantee is authorized to operate. Upon the town's request, the grantee will perform the tests, submitting the results to the town. (h) The town reserves the right during the life of any franchise granted hereunder, to upon 90 days' notice hold a public hearing for the expressed purpose of reviewing the general and specific performance of the grantee with regard to all franchise provisions contained herein or in the future adopted by the town. (i) Neither the granting of any franchisee nor any governing provision of such franchise shall constitute a waiver or bar to the exercise of any governmental right or power of the town. (j) Nothing in this article shall in any way or to any extent be construed to waive, modify or abridge the town's right of eminent domain in respect to the grantee. (k) Any right or power in, or duty impressed upon any officer, employee, department or board of the town shall be subject to transfer by the town board by law to any other officer, employee, department or board of the town. The town reserves all rights not specifically granted herein, and the enumeration of the rights herein shall not be construed to be a limitation of any right or power the town may otherwise have. (l) The town shall have the authority to order a hearing every five years on the provision of additional capacity. If after such a hearing, the town determines: (1) That a requirement for additional capacity exists; and (2) That consideration has been made or will be made for adequate rates to allow the company a fair rate of return on its additional investment; then the town may direct that such additional capacity shall be provided to the extent economically feasible and consistent with provision of paragraph (2) above. (Ord. No. 95-64, § VIII, 8-14-95) Sec. 56-44. Initial service area. (a) The grantee of any franchise hereunder is empowered to provide service to all potential subscribers now or in the future who are located within the town limits as of the effective date of the franchise. (b) In the event the continued use of a street is denied for any reason, the grantee will make every reasonable effort to provide service over alternate routes. (Ord. No. 95-64, § IX, 8-14-95) Sec. 56-45. Emergency alert override system. The company shall incorporate into its cable telecommunications system, the capability which will permit the town, in times of emergency, to override the audio portion of all channels simultaneously, by telephone or other communicating medium to be provided by the company.

CD56:10

Supp. No. 9