§ 113.021 FRANCHISE AGREEMENT.
   (A)   An applicant awarded a franchise by ordinance shall execute a franchise agreement, agreeing to the terms and provisions of this chapter. Failure of a selected applicant to execute such an agreement within 30 days from the Village Council’s demand therefor or to meet any deadlines outlined in the franchise agreement and this chapter for completion of strand mapping, pole agreements, initial ground breaking and all wiring phases shall be grounds for immediate rescission of the authorizing ordinance, revocation of any rights the applicant may have in the franchise and forfeiture of the applicant's security fund. The franchisee shall, within 30 days after the execution of the franchise agreement, apply for all necessary permits and authorizations for the construction of the cable communications system.
   (B)   In addition to those matters required elsewhere in this chapter to be included in the franchise agreement, the franchise agreement shall contain the following express representations of the franchisee that:
      (1)   It accepts and agrees to all the enforceable provisions of this chapter and any enforceable supplementary specifications as to construction, technical standards, operation, maintenance and rate structures, which the Village Council may include in the franchise agreement;
      (2)   It recognizes the right of the Village Council to make lawful amendments to the franchise ordinance during the term of the franchise upon 30-days' notice to the franchisee. If an emergency amendment becomes necessary, the Village Council shall not be required to direct the amendment to the Cablecasting Board for review, but the franchisee shall be given at least two-hours' notice, orally or in writing, of the Village Council meeting at which the emergency amendment is to be considered. It further recognizes and agrees that the Village Council shall not be bound to renew the franchise at the end of any franchise term, except as otherwise provided by law;
      (3)   It recognizes and agrees that it may be considered as a franchisee for the purposes of this chapter;
      (4)   It recognizes and agrees that no franchise shall be exclusive.
   (C)   The franchise agreement may set forth the specific standards which the franchisee must maintain in respect to signal quality requirements and technical standards of construction, operation and maintenance of the system.
   (D)   The franchise agreement shall contain such further conditions or provisions as may be negotiated between the village and the franchisee, except that no such conditions or provisions shall be such as to conflict with any provisions of this chapter or any other law. In the case of such conflict or ambiguity between any terms or provisions of the franchise agreement and this chapter, the words of this chapter shall be deemed to control.
(Ord. passed - -)