Lake County Municipal Code Art. II License Limitations

Sec. 7-8. - Public Use Priority.

8.1 No privilege or exemption is granted or conferred by any license granted under this article except those specifically prescribed in this article. Any privilege claimed under a license granted pursuant to this article in any street shall be subordinate to any prior lawful occupancy of the street or any subsequent occupancy of the street for public purpose.

(Ord. No. 560, § 2, 1969)

Sec. 7-9. - Transfer and Assignment.

9.1 A licensee shall not sell, transfer, lease, dispose of, or assign this license or any rights thereunder, including any beneficial interest or right to operate thereunder, by voluntary sale, merger, consolidation, or otherwise, or by operation of law without the prior written consent of the Board. No material changes of a License issued under this chapter may be imposed by the Board, as a requirement for its consent to transfer; provided, however, that the foregoing provisions of this section shall not apply to a transfer or assignment of this license, or of any right or privilege thereby granted, contained in or made by a deed of trust, mortgage or other instrument, given merely to secure the payment of any indebtedness of a licensee. The said consent of the Board may not be arbitrarily refused for such assignments and transfers. The provisions of this article and all rights, obligations and duties hereunder shall inure to and be binding upon any assignee who must agree in a duly executed written instrument filed with the Board to comply with all the said provisions before any such transfer will be effective.

(Ord. No. 560, § 2, 1969)

Sec. 7-10. - Other Statutes and Pole Agreements.

10.1 Any license granted pursuant to this article is subject to all provisions, regulations and conditions prescribed by federal, state, county and local law heretofore and hereafter enacted or established during the term of any license granted and shall be in addition to any electrical or encroachment permit required by this Code. Any such license granted shall not relieve the licensee of any obligation involved in obtaining pole space from any department of the County, utility company, or from others maintaining poles in streets.

(Ord. No. 560, § 2, 1969)

Sec. 7-11. - Supersession.

11.1 Any license granted under this article is in lieu of any and all other rights, privileges, powers, immunities, and authorities owned, possessed, controlled, or exercisable by licensee, or any successor to any interest of licensee, of or pertaining to the construction, operation, or maintenance of any CATV system in the incorporated area of this County, and the acceptance of any license hereunder shall operate, as between licensee and the County as an abandonment of any and all of such rights, privileges, powers, immunities, and authorities within the County, to the effect that, as between licensee and the County, any and all construction, operation and maintenance by any license of any CATV system in the County shall be, and shall be deemed and construed in all instances and respects to be under and pursuant to said licensee, and not under or pursuant to any other right, privilege, power, immunity, or authority whatsoever.

(Ord. No. 560, § 2, 1969)

Sec. 7-12. - Termination Expense.

12.1 The licensee shall have no recourse whatsoever against the County for any loss, cost, expense, or damage arising out of any provision or requirement of this article or of any license issued hereunder or because of its enforcement of for the termination or forfeiture of any license as provided in this article.

(Ord. No. 560, § 2, 1969)

Sec. 7-13. - Eminent Domain.

13.1 Nothing in this article shall in any way or to any extent, impair or affect the right of the County to acquire licensee's property either by purchase or through exercise of the right of eminent domain, and nothing herein shall be construed to contract away or to modify or abridge the County's right of eminent domain in respect to any licensee.

(Ord. No. 560, § 2, 1969)

Sec. 7-14. - Additional Requirements.

14.1 During the term of any license granted, the County may require licensee to make reasonable improvements in its construction, operation and maintenance, and if said improvements are not diligently made, the matter may be grounds for forfeiture pursuant to Section 12 of this article.

(Ord. No. 560, § 2, 1969)

Sec. 7-15. - Disputes.

15.1 The Board may do all things necessary and convenient in the exercise of its jurisdiction under this chapter and may determine any question of fact which may arise during the existence of any license granted hereunder. The Board may adjust, settle or compromise any controversy or cancel any charge arising from the operations of any licensee or from any provision of this chapter.

(Ord. No. 560, § 2, 1969)