[HISTORY: Adopted by the Town Council of the Town of Somerset
as indicated. Amendments noted where applicable.]
GENERAL REFERENCES
County legislation — See Ch. 123.
A.
Sections added. Chapter 8A of the Montgomery County Code (1972), adopted by Chapter 123, § 123-1, of this Town Code, is hereby amended by adding the following additional sections:
(1)
Section 8A-3: "Town" means the Town of Somerset, Maryland, an incorporated
municipality. Notwithstanding anything to the contrary contained herein,
the corporate limits of the Town of Somerset shall be included with
the geographical areas of the county to which this law applies.
(2)
Section 8A-9(j): Approval by Town of Somerset. Whenever in this section
the approval of the county is required, a franchisee shall also be
required to obtain the approval of the Town of Somerset, which approval
shall not unreasonably be withheld.
B.
Sections amended. Chapter 8A of the Montgomery County Code (1984), adopted by Chapter 123, § 123-1, of this Town Code, is hereby amended as follows:
(1)
Section 8A-10: Indemnity. A franchisee shall, at its sole cost and
expense, indemnify, hold harmless, and defend the county (including
the Town of Somerset), its officials, boards, commissions, agents
and employees against any and all claims, suits, causes of action,
proceedings, and judgments for damage arising out of construction,
maintenance, or operation of the cable communication system under
the franchise. These damages shall include but not be limited to penalties
arising out of copyright infringements and damages arising out of
any failure by the franchisee to secure consents from the owners,
authorized distributors or licensees of programs to be delivered by
cable communications system, whether or not any act or omission complained
of is authorized, allowed, or prohibited by the franchise.
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[Ord. No. 6-81, eff. 11-23-1981; amended by Ord. No. 8-91, effective 7-15-1991; Res. No. 5-19, 10-17-2019, eff. 11-12-2019 (formerly Ch. 11, § 11-101, of the 1989 Code)]
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All executive regulations now adopted by the County Executive
for Montgomery County pursuant to the authority contained in Chapter
8A of the Montgomery County Code (1984) are hereby incorporated by
reference and deemed to be effective within the Town of Somerset.
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[Ord. No. 6-81, eff. 11-23-1981; amended by Ord. No. 2-91, eff. 4-9-1991; Ord. No. 8-91, effective 7-15-1991 (formerly Ch. 11, § 11-102, of the 1989 Code)]
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All regulations or amendments to regulations hereafter adopted
by the County Executive for Montgomery County pursuant to the authority
contained in Chapter 8A of the Montgomery County Code (1984) shall
become effective within the Town to the extent not disapproved by
the Town Council by ordinance.
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[Ord. No. 6-81, eff. 11-23-1981; amended by Ord. No. 2-91, eff. 4-9-1991 (formerly Ch. 11, § 11-103, of the 1989 Code)]
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Montgomery County, Maryland, is hereby requested and authorized
to administer and enforce the provisions of this chapter, and any
franchise granted by the County Council for Montgomery County, Maryland,
will be effective within the corporate limits of the Town as fully
and to the same extent as if granted by the Town.
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[Ord. No. 6-81, eff. 11-23-1981; amended by Ord. No. 2-91, eff. 4-9-1991 (formerly Ch. 11, § 11-104, of the 1989 Code)]
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Nothing herein contained shall in any way be construed as exempting
the franchisee from compliance with any other applicable ordinance
of the Town of Somerset now or hereafter enacted.
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[Ord. No. 6-81, eff. 11-23-1981; amended by Ord. No. 2-91, eff. 4-9-1991 (formerly Ch. 11, § 11-105, of the 1989 Code)]
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