(a) The grantor reserves the right to exercise its governmental powers, now or hereafter, to the full extent that such powers may be vested in or granted to the Village, including the right to regulate any satellite system, multipoint distribution service or master antenna television system as may be provided by law and for which such regulation is not pre-empted by the Federal Communications Commission.
(b) The grantor reserves the right to amend a franchise when necessary to enable the grantee to take advantage of advancements in the state of the art which will afford it an opportunity to more effectively, efficiently or economically service its subscribers. However, this section shall not be construed to require the Village to make any amendment. The Board of Trustees may annually review the current state of the art in respect to services being provided by cable television companies within a fifty-mile radius of the Village. If, as a result of such review, the Board determines that there are significant services available to the industry but not being provided by the grantee, the Board may:
(1) Require the grantee, at its own expense, to conduct and provide to the Board, within ninety days, a study analyzing the ready availability and proven reliability of the services, the benefit of such services to the Village and the subscribers, the financial impact upon the grantee and any other pertinent matter; and
(2) Recommend such additional services as it has determined appropriate.
If the Board makes a determination that the services are readily available to the grantee, have proven reliable in the cable television industry and will permit a reasonable return to the grantee upon investment, the Board may authorize and approve such additional services.
(c) Upon request, the grantee shall furnish the Village a list of the names and addresses of persons owning three percent or more of the outstanding stock or equivalent ownership interest of the grantee. Such list shall include a roster of the grantee's officers and directors (or equivalent managerial personnel) and their addresses.
(d) The grantee shall not oppose any intervention by the grantor in any suit or proceeding to which the grantee is a party.
(e) The grantee reserves the right of transfer of ownership to the grantor in those circumstances, which may be provided for in a separate ordinance, wherein the Village may have the right to purchase the ownership of a grantee's cable television system or any of its assets. The Village may give notice that it elects to exercise such right and may acquire such assets at the time of payment in accordance with terms of such ordinance, if enacted.
(f) If the franchise is terminated prior to its expiration date, and the Village invokes its right to purchase the grantee's cable television system, the grantee shall file with the Village, within thirty days of the date that ownership and control passes to the Village or its assignee, a financial statement clearly showing the gross revenues received by the grantee since the end of the previous fiscal quarter. The grantee shall pay the franchise fee due at the time such statement is filed or within thirty days, whichever is sooner.
(g) If the Board of Trustees elects to establish a Cable Television Commission, or elects to purchase a grantee's cable television system or any of its assets, the Board shall, by ordinance, prescribe the applicable due process procedures to be followed for such purposes.
(h) The Board and the grantee may schedule such performance evaluation sessions as may be required by Federal or State law or upon the request of either the Board or the grantee. The evaluation sessions shall be open to the public and announced in a newspaper of general circulation in the Village.
(i) During any review and evaluation session, the grantee shall fully cooperate with the Board and shall provide such information and documents as the Board may need to reasonably perform its review to determine whether or not performance of the system is adequate.
(Ord. 593. Passed 7-12-82; Ord. 598. Passed 8-23-82.)