1980 069 Ordinance - Laserfiche WebLink

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~.V. ORDINANCE NO. 80-69 Page -3- SECTION 2. GRANT OF AUTHORITY There is hereby granted by the Village of Mayfield to Telerama, Inc. dba VTACOM CABLEVISION OF CLEVELAND, the right and privilege to construct, erect, operate and maintain a cable communi- cations system in, upon, along, across, above, over and under the streets, alleys, public ways and public places now laid out or dedicated and all extensions thereof, and additions thereto, in the Village poles, wires, cables, underground conduits, manholes, and other cable conductors and fixtures necessary for the maintenance and operation in the Village of Mayfield of a Cable Communications System, to be used for the sale and distribution of cable television service to subscribers in the Village. The Grantee shall, at all times during the operation of this franchise, be subject to all lawful exercise of the police power as may be hereinafter provided by the franchising authority. In addition, Grantee shall be subject to the contractual obligations voluntarily assumed by acceptance of the franchise in the manner specified in this Ordinance. SECTION 3. AUTHORITY NOT EXCLUSIVE The right to use and occupy said streets for the purposes herein set forth shall not be exclusive, and the Village reserves the right to grant a similar use of said streets to any person at any time during the period of this franchise. SECTION 4. FRANCHISE TERRITORY The franchise is for the present territorial limits of the Village of Mayfield and for any area henceforth added thereto during the term of this franchise. Cable television service shall be made available to every .dwelling unit in the franchise area in accordance with the construction schedule contained in Section 11 of this Ordinance unless the Council waives such requirement upon good cause shown by the Grantee. SECTION 5. DURATION OF FRANCHISE; RENEWAL (.a) The duration of the rights, privileges and authorizations hereby granted shall be fifteen (15) years from the date the franchise is awarded. (b) This franchise may be renewed or extended by the franchising authority, upon application of the Grantee, in accordance with the then existing valid, applicable and enforceable rules of the FCC and other applicable law. Renewal or extension of the franchise shall be considered in a full public proceeding affording due process, during which the performance of the Grantee and the adequacy of the franchise ordinance will be reviewed. Nothing in this provision shall be construed to require such renewal or extension.