13.80.140 Expired franchises undergoing renewal process.
(1) In the event a franchise expires without a mutually agreed upon renewed franchise agreement and the franchisee intends to continue to operate and maintain facilities in the right-of-way, the franchisee may continue to operate under the terms of the expired franchise on a month-to-month basis if the following conditions have been satisfied:
(a) The franchisee submitted an application under SCC 13.80.020 and is engaged and responsive to the county in the renewal process; and
(b) The engineer or designee agrees in a letter transmitted to the franchisee that the franchisee may continue to operate under the terms of the expired franchise except as otherwise provided in this section.
(2) Upon satisfaction of the conditions in subsection (1) of this section, the franchisee and the county shall continue to comply with all obligations and duties under the terms of the expired franchise until final county action is taken on the application to renew the franchise. Eligibility for Type D7 and D8 permits for a franchisee operating under an expired franchise consistent with this section is determined by SCC 13.60.060 and 13.60.055, respectively.
(3) At the request of the department, the county council may terminate an expired franchise operating under this section through the adoption of a motion prepared by the department. The department shall inform the franchisee in writing at least 30 days before anticipated council action that the department intends to recommend termination to the county council.
(4) The term of any franchise, including an expired franchise operating under this section, shall not be in effect for a period longer than specified in SCC 13.80.080(2)(a). (Added by Ord. 21-032, July 21, 2021, Eff date Aug. 2, 2021).