Morrisville Code of Ordinances - publishing_20231101

shall be reviewed every five years during the term of this franchise, and the franchise fee, at the sole option of the Town Council, shall be adjusted if the Town Council determines that an adjustment is necessary in order to maintain franchise fee at a level consistent with:

(a)

Franchise fees being paid by cable telecommunications companies operating under similar conditions.

(b)

The costs incurred by the town in administering this franchise.

(c)

The value of the grantee’s right to use town street and public easements.

(d)

Any applicable statutes, laws, rules and regulations.

(3) If the franchise fee is adjusted, such adjustment shall be effective at the beginning of the next immediate full quarter of the company's fiscal year during which such adjustment is made. The town may unilaterally adjust the franchise fee upward only after giving notice to the company and holding a hearing. (Ord. No. 95-64, § VI, 8-14-95; Ord. No. 2023-6-0, 3-14-23)

Sec. 56-42. Limitations of franchise.

(1) In addition to the limitations otherwise herein appearing, the franchise is subject to the following limitations: The grantee shall at all times during the life of any franchise hereunder be subject to all lawful exercise of the police power by the town and other duly authorized regulatory state and federal bodies and shall comply with any and all ordinances which the town has adopted or shall adopt applying to the public generally and to other grantees, and shall be subject to all laws of the State of North Carolina, and the United States. (2) Time shall be of the essence of any franchise granted hereunder. The grantee shall not be relieved of its obligations to comply promptly with a provision of this article by the failure of the town to enforce prompt compliance. Failure of the town to enforce any breach by the grantee shall not constitute a waiver by the town. (3) Any franchise granted hereunder shall not relieve the grantee of any obligation under any pole or conduit use agreements both from the town and the telephone company, or others maintaining poles or conduits in the streets of the town, whenever the grantee finds it necessary to make use of said poles or conduits. (4) Any poles, cable, electronic equipment or other appurtenances of the grantee to be installed in, under, over, along, across or upon a street shall be so located so as to cause minimum interference with the public use of the street and to cause minimum interference with the rights of other users of the streets or of property owners who adjoin any of the streets. All such installations shall be subject to the prior approval of the town. (5) In the event of disturbance of any street or private property by grantee, they shall, at their own expense and in a manner approved by the town, replace and restore such street and private property in as good a condition as before the work causing such disturbance was done.

(6) Grantee shall construct, maintain, and operate the cable telecommunications system so as to

CD56:8

Supp. No. 10