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§ 110.10  FRANCHISE TRANSFER.
   (A)   No sale or transfer of the franchise, or sale, transfer, or fundamental corporate change of or in the grantee shall take place without the prior written consent of the village which consent shall not be unreasonably withheld.
   (B)   No such consent shall be required, however, for a transfer in trust, by mortgage, or by other hypothecation, or by assignment of any rights, title, or interest of the grantee in the franchise or the cable system to secure indebtedness. The grantee shall not be required to obtain approval from the village if the sale, transfer or assignment is to an entity controlling, controlled by, or under common control with the grantee. However, the grantee shall provide written notice to the village explaining such internal reorganization.
   (C)   The grantee shall file, in addition to all documents, forms and information required to be filed by applicable laws, either FCC Form 394 or all contracts, agreements or other documents that constitute the proposed transaction and all exhibits, attachments, or other documents referred to therein which are necessary in order to understand the terms thereof. The village shall have such time as is permitted by applicable law to review a transfer request.
   (D)   In no event shall a sale, transfer, corporate change, or assignment of ownership or control pursuant to this section be approved without any new grantee becoming a signatory to the franchise and assuming all rights and obligations thereunder, and assuming all other rights and obligations of the transferor to the village including, but not limited to, any adequate guarantees or other security instruments required by the village.
   (E)   The approval of any sale, transfer or assignment pursuant to this section shall not be deemed to waive any rights of the village to subsequently enforce noncompliance issues relating to the franchise even if such issues predate the approval, whether known or unknown to the village.
(Ord. 1 4-05, passed 4-4-2005)  Penalty, see § 10.99
§ 110.11  BONDS AND INSURANCE.
   (A)   Prior to operating or constructing, a grantee shall file a bond with the Cable Council in an amount set forth in the franchise to ensure compliance with this chapter.
   (B)   The grantee shall pay, and by its acceptance of the franchise expressly agrees to pay, all damages and penalties which the village may legally be required to pay as a result of the grantee's negligence in the construction, operation or maintenance of the system authorized herein. However, the village shall provide prompt notice to the grantee of such a claim, afford the grantee the opportunity to defend, settle or otherwise resolve the claim in the grantee's discretion and assist the grantee therein in any reasonable way, upon the request of the grantee. The grantee shall carry and pay the cost of liability insurance in support of its undertaking, to hold the village harmless from loss sustained on account of the negligence of the grantee, for injury to or death of persons and injury to or destruction of property. The amount of the insurance shall be established by the franchise.
   (C)   The grantee shall comply with the Workers' Compensation Law of Michigan.
   (D)   Any insurance policy or bond shall contain a provision that it shall not be terminated, cancelled or otherwise allowed to expire without first providing 30 days written notice to the certificate holder/obligee.
(Ord. 1 4-05, passed 4-4-2005)
§ 110.12  ABANDONMENT.
   Upon the expiration, revocation or non-renewal of any franchise granted pursuant to this chapter, if facilities are not salvaged within a reasonable time, title to all property shall pass to the village.
(Ord. 1 4-05, passed 4-4-2005)
§ 110.13  AUTHORIZATION FOR USE OF RIGHT-OF-WAYS.
   A franchise granted pursuant to this chapter shall confer upon the holder named therein the nonexclusive right to erect, install, construct, reconstruct, replace, remove, repair, maintain and operate in, upon, under, above, across and from the streets, easements and right-of-ways, all necessary towers, poles, wires, cables, coaxial cables, transformers, amplifiers, underground conduits, manholes and other television or radio conductors and fixtures for the installation, construction, maintenance and operation of a cable system or for the furnishing of a cable service.
(Ord. 1 4-05, passed 4-4-2005)
§ 110.14  CONSTRUCTION; APPROVAL REQUIRED.
   Prior to the erection or installation of any towers, poles, guys, anchors, underground conduits, manholes or fixtures for use in connection with the installation, construction, maintenance or operation of a system under a franchise granted pursuant to this chapter, the grantee desiring to erect or install such facilities for use in connection with its system shall first submit to the Village Clerk for approval, a concise description of the facilities proposed to be erected or installed, including engineering drawings, if required, together with a map indicating the proposed location of such facilities. The erection or installation shall not be commenced until the same is approved by the village. The approval shall not be unreasonably withheld.
(Ord. 1 4-05, passed 4-4-2005)
§ 110.15  JOINT POLE ATTACHMENTS.
   Upon written request of a public utility or municipality, a grantee shall grant it reasonable attachment space on its facilities within the right-of-way at a reasonable rental charge. The utility shall pay costs incurred in providing attachment space, including the costs of rearranging the grantee's wires, cables or equipment and replacement costs if required.
(Ord. 1 4-05, passed 4-4-2005)
§ 110.16  UNDERGROUND FACILITIES.
   In areas or portions of the village where all transmission or distribution facilities of both public utilities providing telephone service and electric service are underground, or are required to be underground, any grantee shall likewise install, construct, maintain and operate its transmission and distribution facilities in like manner underground.
(Ord. 1 4-05, passed 4-4-2005)
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