(A) The town may from time to time, add to, modify, or delete provisions of this chapter as it shall deem necessary in the exercise of its regulatory powers, provided that the additions or revisions are reasonable and in keeping with the public interest and welfare. Additions or revisions shall be made only after a public hearing for which the grantee shall have received written notice at least 30 days prior to the hearing. If any additions or revisions cause the grantee to be in noncompliance with this chapter, the grantee shall have 90 days to bring all areas then not in compliance with this chapter into compliance.
(B) The town reserves the right upon reasonable notice to require the grantee at his expense to protect, support, temporarily disconnect, relocate, or remove from the town's streets any property of the grantee by reason of traffic conditions, public safety, street construction or excavation, change or establishment of street grade, installation of sewers, drains, water pipes, power or communication lines, tracts, or other types of structures or improvements by governmental agencies or any structures of public improvement. Reasonable notice for this provision shall be construed to mean at least 30 days notice, except in the case of emergencies where no specific notice period shall be required.
(C) In the event of the failure by the grantee to complete any work required by division (B) of this section or any work required by town ordinance within the time established and to the satisfaction of the town, the town may cause the work to be done and the grantee shall reimburse the town the costs thereof within 30 days after receipt of an itemized list of such cost.
(D) At all reasonable times, grantee shall permit examination by any duly authorized representative of the town, of all grantee property, together with any appurtenant property of grantee situated within or without the town. The grantee shall also permit any duly authorized representative of the town to examine and transcribe any and all maps, financial records, and other records kept or maintained by grantee or under its control concerning the operations, affairs transactions, or property of grantee. If any of such maps, financial records, or other records are not kept in the town, or upon reasonable request made available in the town, and if the town shall determine that an examination of any such records is necessary or appropriate for the performance of any of its duties, then all travel and maintenance expense necessarily incurred in making the examination shall be paid by the grantee.
(E) The town reserves the right during the life of any franchise granted hereunder, to install and maintain free of charge upon the poles and conduits of the grantee any wire and pole fixtures necessary for municipal networks, such as police and fire, on the condition that these installations and maintenance thereof do not interfere with the operations of the grantee.
(F) The town reserves the right during the life of any franchise granted hereunder, to reasonably inspect and supervise at the grantee's cost, all construction or installation work performed subject to the provisions of this chapter to ensure compliance with the terms of this chapter.
(G) Neither the granting of any franchise nor any governing provision of such franchise shall constitute a waiver or bar to the exercise of any governmental right or power of the town.
(H) Nothing in this chapter shall in any way or to any extent be construed to waive, modify, or abridge the town's right of eminent domain in respect to the grantee.
(I) Any right or power in, or duty impressed upon any officer, employee, department, or board of the town shall be subject to transfer by the town to any other officer, employee, department, or board of the town. The town reserves all rights not specifically granted herein, and the enumeration of the rights herein shall not be construed to be a limitation of any right or power the town may otherwise have.
(J) The town reserves the right during the life of any franchise granted hereunder, upon 90 days notice to hold a public hearing for the express purpose of reviewing the general and specific performance of the grantee with regard to all franchise provisions con- tained herein or in the future adopted by the town.
(K) The town shall have the authority to order a hearing no less than every five years on the provision of additional channel capacity for the residential subscriber network. If after such a hearing, the town determines that there exists a requirement for additional channel capacity, the town may order the grantee to provide and activate the additional channel capacity or other CATV-related services.
(L) At the expiration or nonrenewal of the term for which the franchise or renewal thereof, is granted, or upon its termination and cancellation, as provided for herein, the town shall have the right to require the grantee to remove as soon as possible and at its own expense all portions of the CATV system from all public ways within the town.
(Ord. passed 7-21-86; Am. Ord. passed 3-4-96) Penalty, see § 111.99