13.80.080 Conditions.
Franchises are subject to the following:
(1) The conditions contained in Chapter 36.55 RCW, including:
(a) Any person constructing or operating any utility on or along a county road shall be liable to the county for all necessary expense incurred in restoring the county road to a suitable condition for travel as determined by the engineer.
(b) No exclusive franchise or privilege shall be granted.
(c) The facilities of the holder of any such franchise shall be removed at the expense of the holder thereof, to some other location on such county road in the event said road is to be constructed, altered, or improved or becomes a primary state highway and such removal is reasonably necessary for the construction, alteration, or improvement thereof.
(2) The conditions contained in Snohomish County Charter, Section 9.20:
(a) No franchise shall be granted for a period of longer than twenty-five years.
(b) All franchises shall be subject to the power of eminent domain and the right of the council or the people acting for themselves through the initiative or referendum to repeal, amend or modify the franchise in the interest of the public; and every ordinance granting a franchise shall contain a reservation of these rights. In any proceeding under eminent domain the franchise itself shall have no value.
(3) Applicable sections of this title, including SCC 13.10.090, hold harmless, and the county utility policy per SCC 13.80.070.
(4) All construction or installation of poles, cables, or other improvements, or the service, repair or relocation of the same, performed along, over and/or under the county roads, rights-of-way, or other county property subject to said franchise shall be done in such manner so as to not interfere with the construction and maintenance of other facilities, public or private, drains, drainage ditches and structures located there, nor the maintenance or improvement of such county roads, rights-of-way, or other county properties.
(5) Such other conditions as the council deems to be in the public interest and appropriate to protect county property and the public and facilitate its use of the right-of-way for transportation. The council may determine that a franchise shall be granted for a period of less than the maximum referenced in SCC 13.80.080(2)(a).
(6) All terms and conditions of the franchise are burdens upon the successors and assigns of the grantee, and all privileges as well as all obligations and liabilities of the grantee inure to its successors and assigns equally as if they were specifically mentioned wherever the grantee is mentioned. Neither the franchise nor any interest therein shall be leased, sold, transferred, assigned, disposed of, or subject to a change of control, in whole or part, either by forced or involuntary action, or by voluntary action, without the prior written consent of the council.
(7) Applicable local, state, and federal laws, including applicable sections of the Cable Communications Policy Act of 1984, the Cable Television Consumer Protection and Competition Act of 1992, the Telecommunication Act of 1996, and any future amendments shall apply. Conditions contained within this chapter, as applicable to cable television, may also apply to the use of other television or voice, video, data communication devices, where consistent with applicable laws. (Added by Ord. 85-051 § 3, July 3, 1985; Amended by Ord. 96-028 § 56, June 12, 1996, Eff date June 29, 1996).