Sec. 8-43. - Rights reserved.

(a)

The rights reserved to the county in article III of chapter 8 are in addition to all other rights of the county, whether reserved by this article III of chapter 8 or authorized by law, and no action, proceeding or exercise of a right shall affect any other rights which may be held by the county.

(b)

Except as otherwise provided by DIVCA, a state franchise shall not include, or be a substitute for:

i.

Compliance with applicable requirements for the privilege of transacting and carrying on a business within the county, including, but not limited to, compliance with the conditions that the county may establish before facilities may be constructed for, or providing, non-video services;

ii.

Any permit or authorization required in connection with operations on or in public rights-of-way or public property, including, but not limited to, encroachment permits, street work permits, pole attachment permits and street cut permits; and

iii.

Any permit, agreement, or authorization for occupying any other property of the county or any private person to which access is not specifically granted by the state franchise.

(c)

No permit issued by the county to a state franchise holder is itself a franchise, nor shall any permit create a vested right that would prohibit the county from revoking or amending the permit.

(Ord. No. 5851, § II, 9-15-2009.)