(A) General. This chapter, and all rights herein granted, shall take effect and be in full force from and after its final passage hereof, in any publication as may be required by law, and upon the filing of acceptance by the operator with the Clerk-Treasurer of the operator’s desires to meet the terms and conditions of this chapter, the same shall continue in full force and effect for a period of ten years after the effective date of this chapter. Upon the expiration of the original terms of this chapter, the operator, or its successors and assigns, may apply for a renewal of this chapter for an additional term of ten years under terms and conditions hereinafter established by the town and after a public hearing and determination that the operator has substantially complied and can and will continue to comply with the terms and conditions of this chapter and any amendments thereto.
(B) Penalties and forfeiture.
(1) In addition to all other applicable rights and powers retained by the town by virtue of this chapter, the town shall have the right to terminate and cancel the rights and privileges under its grant of authority to the operator for the following reasons:
(a) Violates any material provisions of this chapter;
(b) Attempts to evade any of the provisions of this chapter or practices any fraud or deceit upon the town; or
(c) Fails to meet the construction schedule as heretofore set forth in this chapter or as may be modified by the Council under the terms and conditions of this chapter.
(2) The termination and cancellation of the operator’s rights and privileges under this chapter shall be affected only by ordinance and after 30 days’ written notice to the operator and an opportunity to be heard before the Council.
(C) Final termination. Upon final termination, expiration or forfeiture of any rights under this chapter, the operator shall remove its cables, wires and equipment from all poles of the town and all space reserved for the town’s use on poles belonging to others. If not so removed, the town shall have the right to remove or have its contractor remove them at the risk, cost and expense of the company without any liability accruing to the town.
(1996 Code, § 11-20) (Ord. 82-3, passed - -)