(A) Within 30 days after acceptance of any franchise, the grantee shall proceed with due diligence to obtain all necessary permits and authorizations which are required in the conduct of its business, including, but not limited, to any utility joint use attachment agreements, microwave carrier licenses, and any other permits, licenses and authorizations to be granted by duly constituted regulatory agencies having jurisdiction over the operation of cable television systems, or associated microwave transmissions facilities. In connection therewith, copies of all petitions, applications and communications submitted by the grantee to the Federal Communications Commission or any other federal or state regulatory commission or any agency having jurisdiction in respect to any matters affecting the grantee’s cable television operations, shall also be submitted simultaneously to the Committee.
(B) Within 30 days after obtaining all necessary permits, licenses and authorizations, including right of access to poles and conduits, the grantee shall commence construction and installation of the CATV system.
(C) Within two years after the commencement of construction and installation of the system, the grantee shall complete construction of the facilities needed to permit the reception of broadcast signals, the origination of programming within the village, and the distribution of signals to the franchise area. Provided, however, the Village Council may approve exceptions to this requirement upon a showing by the grantee of undue hardship or expense.
(D) Failure on the part of the grantee to commence and diligently pursue each of the foregoing requirements and to complete each of the matters set forth herein shall be grounds for termination of such franchise.
(E) The grantee shall utilize existing poles, conduits and other facilities whenever possible and shall not construct or install any new, different or additional poles, conduits or other facilities without first securing the written approval of the Committee. Any poles, conduits or other facilities of the grantee to be installed in, under, over, along, across or upon a public street, alley, way or place shall be so located so as to cause minimum interference with the rights of other users of the streets, alleys, ways or places or of property owners who adjoin any of the streets, alleys, ways or places. In the event of disturbance of any public street, alley, place or way by the grantee, it shall, at its own expense, promptly replace and restore such street to as good a condition as before the work causing such disturbance was performed, and to the satisfaction of the Committee.
(F) In all sections of the village where all existing cables or other like facilities of utility companies are presently or subsequently placed underground, the grantee shall place its cables or like facilities underground, at the grantee’s expense.
(G) The village shall have the right, free of charge, to make additional use, for any public or municipal purpose, whether governmental or proprietary, of any poles, conduits or other facilities erected, controlled, or maintained exclusively by or for the grantee in any street or other public way or public place, provided such use by the village does not interfere with the use by the grantee.
(H) The grantee shall at the expense of the grantee, protect, support, temporarily disconnect or temporarily relocate any property of the grantee when, in the opinion of the Committee, the same is required by reason of street construction, change or establishment of street grade, installation of sewers, drains, waterpipes, power lines or signal lines.
(I) In the event the use of any part of the system of the grantee is discontinued for any reason for a continuous period of 30 days, without prior written notice to and approval by the Committee, or in the event any part of such system has been installed in any street or other area without complying with the requirements hereof, or in the event any franchise shall be terminated, cancelled or shall expire, the grantee shall, at the option of the village, and at the expense of the grantee and at no expense to the village, promptly remove from any street or other area all property of the grantee and the grantee shall promptly restore the street or other area from which such property has been removed to such condition as the Committee shall approve; provided the Village Council may, upon written application therefore by the grantee; approve the abandonment of any such property in place by the grantee and under such terms and conditions as the Village Council may prescribe; and upon abandonment of any such property in place, the grantee shall cause to be executed, acknowledged and delivered to the village such instruments as shall be approved by the Committee, conveying the ownership of such property to the village.
(J) Upon the failure, refusal or neglect of the grantee to cause any work or other act required by law or by this subchapter to be completed in, on, over or under any street within any time prescribed therefor, or upon notice given, where notice is prescribed, the Committee may cause such work or other act to be completed in whole or in part, and upon so doing shall submit to the grantee an itemized statement of the costs thereof, and the grantee shall, within 30 days after receipt of such statement, pay unto the village the entire amount thereof.
(Ord. 77, passed 8-6-1981)