(A) No franchise granted hereunder may be sold, transferred, or assigned unless the transaction is first approved by the Village Council after receipt of a written application therefor containing the same information of the transferee as required of an original applicant. Prior approval of the Council shall be required where ownership or control of more than 25% of the right of control of the franchisee is acquired by a person or group of persons acting in concert, none of whom already own or control 25% or more of the right of control, singularly or collectively.
(B) No franchise granted hereunder may be sold, transferred, or assigned nor any more than 25% of the right of control of franchisee be transferred to a person or group of persons acting in concert, none of whom already own or control 25% or more of the right of control, singularly or collectively, until the sale, transfer, or assignment of franchise or transfer of right of control shall first have been offered to the village or to a person approved by the village. The offer shall be made at a price not greater than, and on terms equivalent to, that made to the offeror by a bona fide bidder for the franchise or right of control. The village or the person approved by the village shall accept or reject the offer within 90 days. This provision shall not be deemed to restrict the transfer by bequest or descent of stock of the franchisee.
(C) Any franchise granted pursuant to this chapter shall expire without further proceedings one year after its effective date in the event the person granted the franchise has not commenced construction of a cable communications system within the period, unless the Council grants an extension of time to complete construction for good cause shown by the franchisee.
(D) If any person granted a franchise pursuant to this chapter shall fail to provide cable communications service within and throughout the franchise area as required under the terms of its franchise agreement, the franchise shall, on the anniversary of the effective date of the franchise next following the 12-month period during which cable communications service has not been extended as required under the terms of the franchise agreement, be deemed revoked without the necessity of action by the Village Council unless, prior to the date, the person shall have applied to the Village Council and the Village Council shall have, for good cause shown, granted an extension of the construction or service periods set forth in the franchise agreement.
(E) Any franchise granted pursuant to this chapter shall be terminated and cancelled without further proceedings 120 days after the appointment of a receiver or trustee to take over and conduct the business of a cable communications company, whether in receivership, reorganization, bankruptcy, or other action or proceedings unless the receivership or trusteeship shall have been vacated prior to the expiration of the period; provided, however, that the receiver or trustee may apply for a transfer or assignment of the franchise, as hereinbefore provided in division (A) above, within 60 days of the appointment of the receiver or trustee, if duly approved by the Court having jurisdiction in the premises, and provided further, in case of a foreclosure or other judicial sale of the plant, property or facilities of a cable communications company, with or without the appointment of a receiver or trustee, including or excluding the franchise granted under this chapter. The franchise as granted will be terminated and cancelled without further proceedings upon 30-days' written notice of termination served upon the cable communications company and the purchaser thereof, unless within the 30-day period, the purchaser shall apply to the village for a transfer or assignment to it of the same as provided in division (A) above.
(F) Any franchise granted pursuant to this chapter is revocable by the village prior to its expiration where the cable communications company has become insolvent; or has failed substantially to comply with any provision or requirement of state or federal law or of this chapter, the representations made in its franchise application, or the provision of its franchise agreement; or has failed to apply to the Federal Communications Commission for a certificate of compliance with sufficient promptness to avoid interruption or delay in service required by the franchise agreement. The village shall give a written notice containing full particulars as to the provision or requirement with which compliance is claimed deficient and allow the cable communications company 60 days to comply. At the expiration of the 60 days, the franchise shall be deemed terminated and revoked, without further village action, unless the cable communications company has corrected all deficiencies or requested a hearing before the Village Council upon its alleged failure to substantially comply with any provision or requirements of this chapter or of its franchise agreement. The hearing shall be public with the cable communications company being permitted to fully participate therein, including the right to introduce testimony and exhibits and to examine and cross-examine witnesses. The hearing shall be recorded and at the conclusion thereof the Village Council, if it finds that the cable communications company has not substantially complied with any provision or requirement of this chapter or of its franchise agreement, may terminate and revoke the franchise.
(G) Any person granted a franchise pursuant to this chapter may surrender it by written notice of intent to surrender its franchise filed with the Village Clerk not less than 60 days prior to the surrender date. On the surrender date specified in the notice, all rights, privileges, and authority under the franchise shall terminate; provided, however, that the person shall have a period of six months thereafter to remove its towers, poles, wires, cables, fixtures, or other facilities from the streets, alleys, public rights-of-way, or public places, subject to the rights of the village as set forth in division (D) above. At the expiration of the six-month period, any property not removed by the person shall become the property of the village to do with as it may choose, and any cost of removing the property from its streets, alleys, public rights-of-way, or public places may be claimed against the person under the performance bond required under § 113.12(A).
(Ord. 83, passed 8-4-1980)