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1997 045 Ordinance
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1997 045 Ordinance
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Last modified
11/19/2018 4:04:51 PM
Creation date
9/4/2018 9:13:29 AM
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Template:
Legislation-Meeting Minutes
Document Type
Ordinance
Number
045
Date
11/10/1997
Year
1997
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incurred, including attorney fees, resulting from any such attempt to assign this Permit, in whole or <br />part. A refusal by the Village to approve an assignment of this Permit or the Permittee's rights <br />hereunder shall be deemed reasonable, among other things, and without limitation, if and insofar as <br />it relates to any requirement or condition of the Village that the proposed assignee cure any existing <br />default of the Permittee hereunder and/or to any demonstration of the assignee's qualifications <br />equivalent to demonstrations of the Permittee's qualifications required hereunder, including but not <br />limited to, the technical and financial strength and operating experience of the assignee. <br />8.2 Lessee to Obtain Permit <br />The Pernttee shall not lease any of its Telecommunications and/or other Utilities Facilities, <br />System Capacity System bandwidth or use of the Streets, and Rights-of--Way in which such are <br />contained to any Persons or other entities providing Telecommunications and/or other Utility <br />Services, without first ensuring that such Persons have obtained a revocable permit and other required <br />permits or franchises from the Village for the provision of such Services, and without the prior <br />written consent of the Village. <br />Section 9. REVOCATION. <br />9.1 Permit Revocable <br />The permit hereby granted shall be revocable at any time that the Council shall determine that <br />the public convenience and necessity or the public health, safety or general welfare require such <br />revocation or where Permittee has breached any of the provisions of this permit, and the right to <br />revoke the same is hereby expressly reserved to the Village. Provided however, at a reasonable time <br />prior to Council action upon such revocation or proposed revocation, opportunity shall be afforded <br />to the Permittee, its successors and assigns, to be present at a hearing to be conducted by the Council <br />upon such matters and thereafter to present its or their views and opinions thereof and to present for <br />consideration, actions or actions alternative to the revocation of this Permit. <br />9.2 Continued Obligations <br />The revocation of this Permit, for any reason, shall not operate as a waiver or release of the <br />Permittee from any obligation or any liability which arose or arises out of any act or failure to act <br />required under this Permit prior to termination. <br />27 <br />
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