Minutes - 19901120 - Laserfiche WebLink

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Vi1 In the event (at any time during the franchise period or any extension thereof) the county, the North Carolina Department of Transportation or any other unit of government or public agency, by reason of traffic conditions, street closing, or highway or street construction changes in or the establishment of any street grade, the installation of sewers, drains, water pipes, power lines, signal lines, or any type of structure or improvement, the grantee shall, at its expense, protect, support, temporarily disconnect, relocate in the same street or other place any of its properties, owned or leased, upon reasonable notice by the agency involved in the work. The county, the North Carolina Department of Transportation or any other unit of government or agency shall not be liable for any disturbance of the grantee' s installation resulting therefrom. The grantee shall carry out instructions and directions of the North Carolina Department of Transportation District Engineer or his designee whenever it is necessary to raise or remove any of the grantee's wires or cables temporarily for the purpose of moving or removing structures on the public streets or roads of the county. The grantee shall do such tree trimming or other maintenance work as shall be necessary to maintain its lines and cables and other property in good working order, and where necessary, with the prior approval of the appropriate public or private agency and person. As between the county and the grantee, all actions herein required to be performed shall be performed at the expense of the grantee and the grantee shall hold the county free and harmless from all damages or claims for damages, including attorneys fees and other litigation expenses necessary to defend any such claim, • arising from such actions of the grantee. Copies of all joint use of poles and right-of-way agreements and encroachment agreements which authorize grantee to use poles and right- of-ways within the unincorporated areas of the county shall be provided to the county manager within thirty days of acceptance by the grantee of this franchise and thereafter within thirty days of their acquisition. Section VI. Ordinances applicable. The grantee shall be subject to all laws and ordinances relative to the use of all public facilities, relative to cable television systems and operations, and where appropriate, planning ordinances, policies and procedures. The grantee is relieved of the requirement to post a corporate surety bond in the amount of $50, 000 to guarantee the timely construction and full activation of its cable television system which requirement is contained in Section XIV(f) of the Orange County Cable Television System Ordinance. The grantee is relieved of the requirement that it deposit with the county manager a letter of credit from a financial institution in the amount of $10, 000 which requirement is contained in Section XIV(g) of the Orange County Cable Television Ordinance. The grantee' s obligation to pay to Orange County a sum of AIIPmoney sufficient to reimburse it for expenses incurred by it in 3