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0 aooK 1328 <br />AN ORDINANCE GRANTING A NON-EXCLUSIVE FRANCHISE TO <br />OPERATE AND MAINTAIN A CABLE TELEVISION SYSTEM <br />IN THE COUNTY OF LEE, NORTH CAROLINA <br />BE IT ORDAINED by the Board of Commissioners of the County of <br />Lee, North Carolina: <br />SECTION 1. In consideration of the faithful performance and <br />observance of the conditions, restrictions and reservations here-in <br />below specified, a non-exclusive franchise is hereby granted by the <br />County of Lee, North Carolina (hereinafter referred to as the <br />"County") to Carolina Cable Partners, a Maryland general partnership, <br />its successors or assigns, (hereinafter called the "Company") to own, <br />lease, erect, maintain and operate a cable television system and its <br />necessary facilities and additions thereto within any portion of the <br />County exclusive of incorporated areas subject to said company being <br />able to obtain the necessary easements in, under, over, along, across <br />and upon the streets, lanes, avenues, sidewalks, bridges, highways, <br />(hereinafter referred to as thoroughfares) and other public places in <br />the County of Lee and subsequent additions thereto, for the purpose <br />of transmission and distribution of television, radio and other <br />signals in accordance with the laws of the United States of America, <br />the State of North Carolina, and the ordinance of Lee County. <br />SECTION 2. This franchise is granted after a full, open, and <br />public hearing upon prior notice and opportunity of all interested <br />parties to be heard and upon careful consideration of the Company's <br />legal, character, financial, technical and other qualifications, and <br />the adequacy and feasibility of its construction arrangements. <br />SECTION 3. The transmission and distribution system, cables, <br />wires, poles, and appurtenances shall be located, erected and <br />maintained so that none of it will endanger or interfere with the <br />lives of persons or property of persons, or interfere with any <br />improvements the County may deem proper to make from time to time, or <br />interfere with the rights of persons to have free unobstructed access <br />to and use of thoroughfares and other public places in the County of <br />Lee and subsequent additions thereto. <br />Construction and maintenance of the transmission distribution <br />system shall be in accordance with the provisions of the National <br />Electrical Safety Code as prepared by the United States Bureau of <br />Standards, the National Board of Fire Underwriters and applicable <br />ordinances of the County of Lee Governing electrical installations. <br />In cases of any disturbance of pavement, streets, sidewalks, <br />driveways or other surfacing, the Company shall, at its own expense <br />and in a manner approved by the County, replace and restore such <br />places as disturbed in as good condition as before said work was <br />commenced; and in the event that at any time during the period of <br />this franchise the County shall lawfully elect to alter or change the <br />grade of any street, alley or other public way, the Company, upon <br />reasonable notice by the County, shall remove, re-lay, and relocate <br />its equipment at its own expense. <br />Before installing underground or overhead services under or over <br />1 <br />