A. Application. All applicants for a Franchise under this Ordinance shall prepare and file a written application with the County in such form as the County shall designate.
B. Review of Application. Upon receipt of an application under this Ordinance, the County shall review the same and make the application available for public inspection at the McHenry County Government Center, 2200 Seminary Avenue, Woodstock, Illinois, 60098. A decision shall be made on the application by the County after evaluation thereof. The County may grant one or more Franchises or may decline to grant a Franchise in accordance with Federal law.
C. Franchise required. No Cable System shall be allowed to occupy or use the Streets in the Service Area or rights-of-way under the jurisdiction of the County or be allowed to operate without a Franchise granted in accordance with the provisions of this Ordinance.
D. Franchise nonexclusive. Any Franchise granted under this Ordinance shall be nonexclusive.
E. Franchise requirements. The County may establish appropriate requirements for new Franchises or Franchise renewals and may modify these requirements from time to time to reflect changing conditions and technology in the cable television industry.
F. Grant. In the event the County grants to a Grantee or renews a nonexclusive, revocable Franchise to construct, operate, maintain or reconstruct a Cable System within the Service Area, said Franchise shall constitute both a right and an obligation to provide the service of a Cable System as required by this Ordinance and the terms of the Franchise Agreement, if any. A Grantee’s application and this Ordinance shall be incorporated by reference into any Franchise Agreement.
G. Ordinance revisions. Any Franchise granted under this Ordinance is hereby made subject to any revisions of this Ordinance and the general ordinances of the County, provided that such revisions do not alter or impair the material obligations of a Grantee set forth in any Franchise Agreement.
H. Term. The term of any new Franchise or renewal thereof granted under this Ordinance shall not exceed five (5) years.
I. Other licenses or permits. A Franchise granted under this Ordinance shall not take the place of any other license or permit legally required of a Grantee.
J. Franchise revocable. Any Franchise granted under this Ordinance shall be revocable pursuant to this Ordinance and Federal law.
(Ord. O-200203-12-002, passed 3-5-2002)