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2000 037 Ordinance
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2000 037 Ordinance
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Last modified
11/19/2018 4:09:33 PM
Creation date
9/10/2018 6:42:26 AM
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Template:
Legislation-Meeting Minutes
Document Type
Ordinance
Number
037
Date
9/18/2000
Year
2000
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08/15/00 FRI 1x:55 FAX 216 771 1070 CABLEVISION ADhfIN. <br />Cablevision/Mayfield Village Ftancfiiie Agreement 2000 <br />Pagc No. -5- <br />Attention: General Manager <br />With a copy to: <br />Cablevision of the Midwest, lnc. <br />1111 Stewart Avenue <br />L' ethpage, New 'York 11714 <br />Attention: Legal I2epartment <br />Such address may be changed by either part upon notice to the other party given as <br />,provided in this Section. <br />Section 6. Franchise 1~1ot Exclusive. <br />In accordance with the provisions contained in the Charter of the Village of Mayfield, <br />this Franchise shall be nonexclusive, and subject to all prior rights, interests, easements or <br />licenses granted by the Grantor or its predecessors to any person to use any property, right-of- <br />way, easement, right, interest or license for any purpose whatsoever, including the right of <br />Grantor to use same for any purpose it deems fit, including the same or similar purposes allowed <br />the Grantee hereunder. The Grantor may at any time grant authorization to use the same or other <br />streets and public ways or public places which the Grantee is entitled to occupy by this Franchise <br />Agreement, permit or otherwise, for any purpose not incompatible with the Grantee's authority <br />under this Franchise Agreerrlent and for such additional franchises for cable systems as Grantor <br />deems appropriate. <br />Section 7. iVIultiiale Franchise Grants. <br />(a) In the event Grantee determines that the Grantor has granted one (1) or more <br />franchise(s) for the construction, operation and maintenance of any communication facility <br />which pose lesser obligations or greater benefits for those franchisee(s) than are imposed by the <br />provision of this Franchise Agreement, then Grantee may petition Grantor for a modification of <br />this Franchise Agreer>:aert. Ta effectuate the proposed request for modification, the Grantee shall <br />file with the Clerk of Council a petition identifying the provision(s) which Grantee contends are <br />more favorable or less burdensome that those granted to Grantee and the specific relief sought by <br />Grantee. Such provisions are solely limited to any or all of the following: Section 9. Definitions <br />(a) Gross Revenues; Section l3. Liability Insurance; Section 18. Procedure for remedying <br />franchise violations; Section 27. Periodic evaluation and review; Section 30. Customer service <br />standards; Senior citizen discount; and Local office. Grantor shall hold a hearing upon the <br />submitted petition within thirty (30) days of the date submitted to the Village Clerk . At such <br />heazing, Grantor shall be permitted to provide evidence of those provisions which Grantee <br />contends are more ;avorable or less burdensome Yitat those granted to Grantee and furtller <br />provide evidence as to why Grantee believes a modification of its h'ranchise Agreement is <br />waa~arted. The hearing may be continued from time to time in order to secure additional <br />evidence or information to facilitate the Village Council's review of Grantee's petition. Within <br />thirty (30) days of the date the hearing is concluded, the Village Council shall notify Grantee <br />whether it will agree to modify any provisions eorztained in the Grantee's Franchise Agreement. <br />Iv1 & M 1499 Pagc 5 of 28 <br />boos <br />
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