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At the time of the granting of any franchise hereunder, the Village Council shall approve and include therein all rates and charges allowable to the grantee, including, but not limited to, all such rates and charges for installation of equipment, service charges for all classifications of service including additional connections at one location and any other rates and charges of the grantee to subscribers. No such rates or charges shall be changed at any time after the granting of a franchise, except by authority of the Village Council, and upon written request by the grantee, provided, that prior to authorizing the change of any rates or charges of the grantee to subscribers, at any time after the granting of such franchise, the Village Council shall first pass its resolution of intention to do so, describing and stating any rates or charges to be changed, the reasons of the Village Council therefor, fixing a day, hour and place certain when and where any persons having an interest therein may appear before the Village Council and be heard and directing the Village Clerk to publish notice of such hearing at least once. The Village Clerk shall cause such notice to be published in a newspaper of general circulation within the village, and the same shall be published and a copy thereof shall be mailed to any grantee hereunder at least ten days prior to the date specified for hearing thereon. At the time set for such hearing, or at any adjournment thereof, the Village Council shall proceed to hear and pass on all presentations made before it, and the decision of the Village Council thereon shall be final and conclusive. If the Village Council shall find that a change of rates or charges is justified by a change in cost of operation, the Village Council shall approve the change in rates.
(Ord. 77, passed 8-6-1981)
(A) The grantee shall at all reasonable times, and to the extent necessary to carry out the provisions of this subchapter, permit any duly authorized agent or representative of the village to examine all franchise property of the grantee, together with any appurtenant property of the grantee situated within or without the village, and to examine and transcribe any and all maps and other records kept or maintained by the grantee or under the control or direction or at the request of the grantee which appertain to the franchise operations, affairs, transactions or property of the grantee.
(B) The grantee shall prepare and furnish to the Committee, at such times and in such form as prescribed by the Committee, references and materials with respect to the operations, affairs, transactions or property of the grantee as may be reasonably necessary or appropriate to the performance of any of the duties of the Committee.
(Ord. 77, passed 8-6-1981)
Failure, refusal, or neglect by the grantee to comply with any requirement herein, or any term or condition of a franchise issued hereunder shall be sufficient cause for termination of any franchise by the village as follows.
(A) Upon the continuing of any such failure, refusal or neglect for a period of ten days, next following written demand by the Committee that the grantee do or comply with any such requirement, limitation, term or condition, the Committee may cause to be placed on the agenda of a regular session of the Village Council its request for termination of such franchise, and in such case, the Committee shall cause to be served upon such grantee, at least 15 days prior to the date of such session of the Village Council, a written notice of its intent to request such termination at the time and place of such session.
(B) At such session of the Village Council, or any adjournment thereof, the Village Council shall consider the request of the Committee and shall hear any persons desiring to be heard, and shall determine whether or not such failure, refusal or neglect by the grantee was with just cause.
(C) If the Village Council shall determine such failure, refusal or neglect by the grantee was without just cause, then the Village Council may pass its resolution declaring that the franchise of such grantee shall be terminated and forfeited unless there is compliance by the grantee within 15 days, and such resolution shall operate to declare such franchise terminated and forfeited on the fifteenth day next following the passage thereof, and without further notice to the grantee, unless the grantee shall so comply within such 15-day period, such termination and forfeiture to become effective for all purposes 180 days thereafter.
(D) Within 180 days after such declaration of termination and forfeiture, the grantee may sell, remove, or transfer the entire system of the grantee, subject to the provisions of § 113.11(C) of this subchapter and upon any such sale or transfer in addition to any other rights hereunder or otherwise, the village shall have a lien (next in order of preference to any liens or encumbrances existing of record on the date of such termination and forfeiture) against any and all proceeds thereof in the full amount of any loss, cost, expense or other financial detriment incurred by the village in the exercise of any right hereunder, or by reason of such termination and forfeiture.
(E) If the grantee shall fail to or refuse to sell, remove or transfer the entire system of the grantee, as hereinabove provided, and regardless of the exercise of any other right of the village hereunder, then the village may institute appropriate court action to enforce requirements of this section.
(Ord. 77, passed 8-6-1981)
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