§ 1060-514. RIGHTS RESERVED TO THE COUNTY

(a)

Nothing contained in this chapter shall be deemed or construed to impair or affect, in any way, to any extent, the right of the County to acquire the property of the Grantee, either by purchase or through the exercise of the right of eminent domain, at a fair and just value, which shall not include any amount for the franchise itself or for any of the rights or privileges granted, and nothing contained in this chapter shall be construed to contract away or to modify or abridge, either for a term or in perpetuity the County's right of eminent domain.

(b)

There is reserved to the County every right and power which is required to be reserved by the provisions of this chapter or by any law of the County, and the Grantee, by its acceptance of any franchise, agrees to be bound thereby and to comply with any action or requirements of the County in its exercise of such rights or power heretofore or hereafter enacted or established.

(c)

Neither the granting of any franchise under the provisions of this subchapter nor any of the provisions contained in this chapter shall be construed to prevent the County from granting any identical or similar franchise to any other person, firm, or corporation within all or any portion of the County.

(d)

There is hereby reserved to the County the power to amend any section or any part of this chapter so as to require additional bonding, insurance or greater standards of construction, operation, maintenance, service or other provisions of a franchise granted pursuant to this subchapter; provided, however, that the County's ability to amend any section or any part of any franchise granted pursuant to this subchapter, shall not work an economic or financial hardship upon the Grantee, and to the extent that Grantee contends that any such amendment constitutes the imposition of an economical or financial hardship upon Grantee, Grantee shall be permitted the opportunity prior to the County implementing any such amendment, to present evidence before the County at a public hearing called for that purpose, that the proposed amendment being considered by the County will, in fact, work an economic hardship upon Grantee. No such amendment shall be made by County unless there is substantial evidence to support the County's determination that the proposed amendment does not, in fact, work an economic or financial hardship upon Grantee. The County's determination shall be final unless Grantee chooses to seek judicial review of that determination and any such judicial review shall be brought pursuant to the provisions of CCP § 1094.5, i.e., administrative mandamus.

(e)

Neither the granting of any franchise under the provisions of this subchapter nor any provisions of this chapter shall constitute a waiver or bar to the exercise of any government right or power of the County.

(f)

The Board may do all things which are necessary and convenient in the exercise of its jurisdiction under the provisions of this chapter and may determine any question of fact which may arise during the existence of any franchise granted under the provisions of this subchapter. The County Administrator is authorized and empowered to adjust, settle, or compromise any controversy or charge arising from the operations of any Grantee under the provisions of this chapter, either on behalf of the County, the Grantee, or any subscriber, in the best interests of the public. Either the Grantee or any member of the public who may be dissatisfied with the decision of the County Administrator may appeal the matter to the Board for a hearing and determination. The Board may accept, reject, or modify the decision of the County Administrator, and the Board may adjust, settle, or compromise any controversy or cancel any charge arising from the operations of any grantee or from any provision of this chapter.

(g)

In connection with the issuance of any franchise under the provisions of this subchapter, the Board may impose such reasonable restrictions, conditions, and limitations as to the areas of the County to be served, operating conditions, and cooperative working arrangements relative to local television broadcasting stations serving the County with the best possible television reception.