(a) In order to assure that the Grantee is complying with the terms of this franchise and to assure the character, quality, efficiency, and level of service to be rendered, given, performed, and furnished under this franchise, the Village Council may hold a public hearing or hearings during the 5th Anniversary Year of this franchise for the purpose of reviewing the performance of the Grantee under the franchise.
(b) At least thirty (30) days prior to any public hearing on this franchise, the Village Administrator shall notify the Grantee of the date and time of the hearing. At the hearing, the Grantee shall be entitled to the right to present evidence and the right to be represented by counsel.
(c) Unless specifically waived by the Village Council, attendance of the Grantee's duly authorized representative at these public hearings shall be mandatory, and Grantee's failure to attend shall be deemed a violation of this franchise.
(d) The subject of the hearings shall include, but not be limited to, the Grantee's performance under the franchise, the development of new services, the utilization of State-of-the Art equipment and services, and any federal or state rulings or law relevant to the franchise.
(e) Upon request by the Village, Grantee shall make available to the Village Council any records, documents, or other information as may be reasonably relevant to ascertain Grantee's compliance with the Franchise.
(f) At least thirty (30) days prior to the hearing the Village Administrator shall provide a written report to Council evaluating Grantee's compliance with the terms of this franchise and the quality, efficiency and level of service rendered, given, performed and furnished under this franchise. The Village Administrator shall provide a copy of such a report to the Grantee.
(g) The Village Council shall hear any interested persons during such hearings and shall determine whether Grantee did reasonably comply with the terms and conditions imposed by this chapter.
(h) All records and minutes of each of the performance evaluation hearings shall be retained by the Village Clerk and be available for inspection throughout the term of the franchise. This section shall not be construed as limiting the Village's right to monitor the Grantee's compliance with the terms of this franchise at all times during the term of the franchise and to hold public hearings or take any other steps it deems appropriate at any time during the term of the franchise.
(Ord. 02-016. Passed 1-13-03.)