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M.V. ORDINANCE NO. 80-69. <br />Page -20-. .- <br />D. In the event that a rate increase is requested based on <br />CPI figures and it is simultaneously demonstrated by the City or any <br />other interested party that the cost of provision of service to the <br />franchise has decreased, Council shall have the authority to deny <br />the rate increase consistent with the facts based on the public <br />interest, convenience, or necessity, and taking into account rates <br />for comparable service in nearby municipalities. <br />SECTION 29. PROHIBITION OF TOWER <br />Grantee shall locate no tower for reception or transmission <br />purposes within the corporate boundaries of Mayfield Village without <br />complying with the Zoning and Building Codes. No variance shall be <br />granted in such regard without specific authorization from Council. <br />SECTION 30. ACCEPTANCE FEE <br />Upon accpetance of the franchise as specified in Section 31, <br />Grantee shall pay to Village the sum of Five Hundred Dollars ($500.00). <br />SECTION 31. ACCEPTANCE <br />The foregoing franchise, rights and privileges are conditioned <br />upon the Grantee accepting and promising tQ. abide by the provisions <br />contained herein. Such acceptance and promise shall consist of a <br />written agreement, duly executed and acknowledged by or on behalf of <br />Grantee, entered into with the Village, on terms in substantial <br />uniformity with those contained herein, and filed with the Clerk of <br />Council within twenty (20) days after the effective date of this <br />Ordinance. The Mayor is hereby authorized to execu:~e said agreement <br />on behalf of the Village. When executed, the acceptance document <br />shall constitute a contract between the Village and Grantee in which <br />Council acquiesces, which contract shall be separate and distinct <br />from the franchise, binding on both parties as a contract. <br />SECTION 32. NOTTCE OF PASSAGE <br />Notice of the passage of this Ordinance shall be given in the <br />manner required by the Codified Ordinances of Mayfield Village, Ohio. <br />SECTION 33. EFFECTIVE DATE <br />This Ordinance shall take full force and effect from and after <br />the earliest period allowed by law. <br />~~~~~ ~~ <br />Alan G. Bennett, Council President <br />PASSED : January 19 , 1981 <br />