<div class="chunk-title">Sec. 20-41. - Rights reserved to the grantor.</div>
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            <p class="incr0">
               (a)
               
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               <span class="ital">Right to purchase of the system by the county. </span>
               
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            <p class="incr1">
               (1)
               
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               <span class="ital">Right to purchase.</span> At the expiration of any franchise, for which grantee has not requested renewal or
               upon lawful denial by grantor of grantee's right to renewal and the expiration or
               exhaustion by grantee of all rights to appeal such denial of renewal, the grantor
               may, in a lawful manner and upon the payment of fair market value, determined on the
               basis of the cable system valued as a going concern but with no value allocated to
               the franchise itself, lawfully obtain, purchase, condemn, acquire, take over and hold
               the cable television system. Upon the lawful revocation of any franchise granted under
               this chapter, the grantor may, in a lawful manner, and upon the payment of an equitable
               price, lawfully obtain, purchase, condemn, acquire, take over and hold the cable television
               system.
               
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               (2)
               
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               <span class="ital">Date of valuation.</span> The date of valuation shall be no earlier than the day following the date of expiration
               or termination and no later than the date the county makes a fair and reasonable offer
               for the system or the date of transfer of ownership, whichever occurs first.
               
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               (3)
               
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               <span class="ital">System valuation.</span> The value of the cable system shall be determined by a qualified appraiser mutually
               agreed upon by the grantee and the county based upon the method indicated in (a)(1)
               above. In addition, no value shall be allowed for any increase in value arising out
               of any expectation or cable television system's revenues beyond the forfeiture and
               termination date or expiration date, whichever is sooner.
               
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               (4)
               
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               <span class="ital">Intent to purchase.</span> Upon receipt of notice of the county's intent to purchase the system at the value
               established above, the grantee shall have 30 days within which to accept that valuation
               as the purchase price of the system. In the event that purchase price is not acceptable,
               the parties shall have 120 days in which to negotiate an acceptable purchase price.
               
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               (5)
               
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               <span class="ital">Transfer to county.</span> Upon exercise of this option, and the payment of the agreed upon sum by the county
               and its service of official notice of such action upon the grantee, the grantee shall
               immediately transfer to the county possession and title to all facilities and property,
               real and personal, of the cable television system, free from any and all liens and
               encumbrances not agreed to be assumed by the county in lieu of some portion of the
               purchase price set forth above; and the grantee shall execute such warranty, deeds
               or other instruments of conveyance to the county as shall be necessary for this purpose.
               
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               (b)
               
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               <span class="ital">Right of inspection of construction.</span> The county shall have the right to inspect all construction or installation work
               performed in public rights of way subject to the provisions of the franchise and,
               following reasonable notice, to make such tests as it shall find necessary to ensure
               compliance with the terms of this chapter and other pertinent provisions of the law.
               
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               (c)
               
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               <span class="ital">Right of inspection of property.</span> Upon reasonable notice, grantee shall permit examination by any duly authorized representative
               of the county, of the cable system, together with any appurtenant property of grantee
               situated within or without the county where necessary to ensure compliance with the
               terms of this chapter, the franchise, and other pertinent provisions of the law or
               regulation.
               
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               (d)
               
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               <span class="ital">Right of intervention.</span> The county shall have the right of intervention in any suit or proceeding to which
               the grantee is party, and the grantee shall not oppose such intervention by the county.
               
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               (e)
               
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               <span class="ital">Right to require removal of property.</span> Upon denial of renewal of this chapter or the franchise, or upon its revocation or
               expiration, as provided for herein, the county shall have the right to require the
               grantee to remove, at its own expense, all portions of the cable television system
               required by public necessity from all streets and public ways within the county.
               
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               (f)
               
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               <span class="ital">Expense reimbursement to county.</span> The grantee of an initial franchise shall pay the county a sum of money which will,
               when added to application fees received, reimburse all costs and expenses incurred
               by it in connection with preparation of this chapter, the franchise agreements and
               the initial grant of a franchise, including, but not limited to, consultant fees,
               attorneys' fees, publication fees, travel expenses and all other direct costs; provided,
               however, that the county shall submit a detailed schedule of all such costs. Such
               payment shall be made within 30 days after the county furnishes the grantee with a
               written statement of such expenses.
               
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            <p class="historynote0">
               (Ord. No. 1998-05, art. IV, Â§ 4.21, 2-16-98)
               
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