[HISTORY: Adopted by the City Council of the City of Bridgman 1-17-1983 by Ord. No. 85 (Ch. 702.000 of the 1999 Compiled Ordinances). Amendments noted where applicable.]
This chapter shall be known and may be cited as the "City of Bridgman Cable Television Ordinance."
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number, include the plural number. The word "shall" is always mandatory and not merely directory.
- BASIC SERVICE
- The simultaneous delivery by the grantee to the television, radio or other appropriate communications receiver of a subscriber of all signals of over-the-air broadcasters required by the Federal Communications Commission or this chapter to be carried by the cable television system of the grantee, together with such additional public, educational, governmental, leased, or other access channels or signals as may be likewise required by law, but not including pay or subscription television as defined by the Federal Communications Commission.
- The City of Bridgman, a political subdivision in Berrien County, Michigan.
- CITY COUNCIL
- The Council of the City of Bridgman.
- Shall consist of two Council members and two citizens, appointed by the Mayor, which shall be directly responsible for overseeing and controlling the granting of a franchise pursuant to this chapter, and for overseeing any franchise which may be granted.
- COMMUNITY ANTENNA TELEVISION SYSTEM or CATV or CABLE TELEVISION SYSTEM
- A system employing antenna, microwave, wires, wave guides, coaxial cables or other conductors, equipment or facilities designed, constructed or used for the purpose of:
- A. Collecting and amplifying local or distant broadcast television or radio signals and distributing and transmitting same;
- B. Transmitting original cablecast programming not received through television broadcast signals;
- C. Transmitting television pictures, film and video tape programs not received through broadcast television signals, whether or not encoded or processed to permit reception by only selected receivers; provided, however, that any of the services permitted hereunder to be performed as described above shall be those performed by the grantee for subscribers, as herein defined in the operation of a cable television or CATV system franchised by the City and not otherwise, and provided further that such term shall not include any such facility or system that serves only the residents of one or more apartment dwelling or commercial establishments under common ownership, control or management.
- Includes any authorization granted hereunder in terms of a franchise, privilege, permit, license or otherwise to construct, operate and maintain a cable television within the City of Bridgman.
- FRANCHISE AREA
- All the territory within the geographical boundaries of the City of Bridgman throughout which the grantee shall be authorized hereunder to construct, maintain and operate its system.
- Any person, firm or corporation receiving the grant of any franchise hereunder and shall include any lawful successor to the interest of such person, firm or corporation.
- Any person, firm, partnership, association, corporation, company, or organization of any kind.
- A person or organization whose premises are physically wired to receive any transmission from the system.
- A person or organization utilizing a system channel as a producer, for purposes of production and/or transmission of material, or as a subscriber, for purposes of receipt of material.
A nonexclusive franchise to install, construct, operate and maintain a cable television system on streets and public ways within the City of Bridgman, pursuant to the terms of this chapter and any amendments hereto, is hereby granted to Michiana Cablevision Corporation, for the following purposes:
Erect, install, construct, repair, replace, reconstruct, maintain and retain, in, on, over, under, across and along any public street, alley, way or place now laid out and dedicated and all extensions thereof such poles, wires, cable, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments and other property as may be necessary and appurtenant to the CATV system and, in addition, so to use, operate, and provide similar facilities or properties rented or leased from other persons, firms, or corporations, including, but not limited to, any public utility or other grantee of any franchise of this City.
Maintain and operate facilities and properties for the collection, transmission, conduction, amplification, conversion and distribution of programs and other services by use of electricity, radiation or other energy source.
Solicit, sell, distribute and make charge to subscribers within the City for connection to the CATV system of grantee.
Franchise bond. The grantee shall, concurrently with its acceptance of this franchise, file with the City Clerk and at all times thereafter maintain in full force and effect for the term of this franchise or any renewal thereof, at grantee's sole expense, a corporate surety bond with a responsible company licensed to do business in Michigan in an amount determined by the Council, renewable annually, and conditioned upon the faithful performance of the grantee, and upon the further condition that in the event the grantee shall fail to comply with any one or more of the provisions of the franchise, there shall be recoverable jointly and severally from the principal and surety of such bond any damages or loss suffered by the City as a result thereof, including the full amount of any compensation, indemnification, or cost of removal or abandonment of any property of the grantee as prescribed hereby, plus a reasonable allowance for attorneys' fees and costs, up to the full amount of the bond, said condition to be continuing obligation for the duration of the franchise and any renewal thereof and thereafter until the grantee has liquidated all of its obligations with the City that may have arisen from the acceptance of this franchise or renewal by the grantee or from its exercise of any privileges or rights herein granted. The bond shall provide that at least 30 days' prior written notice of intention not to renew, cancellation, or material change be given to the City by filing the same with the City Clerk. Notwithstanding the above provisions of this subsection, the City Council may, in its sole discretion, waive said bond or reduce the required amount thereof after construction of the initial system.
Workers' compensation insurance. Grantee shall provide such workers' compensation insurance as may be required by the laws of the State of Michigan.
Comprehensive liability insurance. Upon acceptance of such franchise, the grantee shall file with the City Clerk and shall thereafter during the entire term of such franchise maintain in full force and effect a comprehensive liability policy of insurance with limits of not less than $500,000 for property damage to any one any one person, $500,000 for property damage in any one accident, $500,000 for personal injury to any one person and $1,000,000 for personal injury in any one accident, or such higher amounts as the City Council may fix in any amendment hereto, and of such insuring institution, form and substance as shall be approved by the Council, and which shall assure grantee, and shall provide primary coverage for the City, its officers, Council, committees, agents and employees against liability for loss or damage for personal injury, death, and property damage occasioned by any activity or operation of the grantee under such franchise.
Hold harmless agreement. The grantee shall indemnify and hold harmless the City, its officers, Council, committees, agents and employees against and from my and all claims, demands, causes of actions, actions, suits, proceedings, damages (including, but not limited to, damages to property and damages arising out of copyright infringements, and damages arising out of any failure by grantee to secure consents from the owners, authorized distributors or licensees of programs to be delivered by grantee's cable television system), costs or liabilities (including costs or liabilities of the City with respect to its employees) of every kind and nature whatsoever, including, but not limited to, damages for injury or death or damage to person or property, and, regardless of the merit of any of the same, against all liability to others, and against any loss, cost and expense resulting or arising out of any of the same including any attorney fees, accountant fees, expert witness or consultant fees, court costs, per diem expense, traveling and transportation expense or other costs or expenses arising out of or pertaining to the exercise or the enjoyment of any franchise hereunder by grantee or the granting thereof by the City.
Defense of litigation. The grantee shall at the sole risk and expense of grantee, upon demand of the City made by and through the City Attorney, appear in and defend any and all suits, actions or other legal proceedings whether judicial, quasi-judicial, administrative, legislative or otherwise, brought or instituted or had by third persons or duly constituted authorities against or affecting the City, its officers, Council, committees, agents or employees and arising out of or pertaining to the exercise or the enjoyment of such franchise, or the granting thereof by the City.
Non-waiver. Neither the provisions of this section, nor any bonds accepted by the City pursuant hereto, nor any damage recovered by the City thereunder, shall be construed to excuse unfaithful performance by the grantee or limit the liability of the grantee under this chapter or the franchise for damages, either to the full amount of the bond, or otherwise.
In consideration of the granting and exercise of a franchise to use the streets of the franchise area for the purpose of operating a cable television system for the use and benefit of subscribers therein, the grantee shall pay yearly to the City, during the entire time of any franchise granted pursuant to this chapter, an annual franchise fee equal to 5% of the grantee's yearly gross revenues derived from all cable services provided by the grantee within the City, or $250, whichever is greater. Any franchise payments to the City by the grantee shall not be in lieu of any occupation, income, license or property tax or similar levy, assessment or charge which would otherwise apply to and be payable by grantee.
[Amended 1-11-1999 by Ord. No. 137]
The City shall have the right to inspect the books and records of the grantee during regular business hours at the office of the grantee for the purpose of determining the amount of franchise payments as well as for the purpose of determining the proper amounts to be paid by the grantee by way of taxes to any governmental entity.
Franchise payments hereunder shall be made quarterly to the City beginning on the first business day of January, April, July and October of each year.
In addition to any other franchise limitations hereunder or as herein provided, the following limitations shall apply to any franchise granted or renewed by the City Council under this chapter.
Nature of franchise. The franchise shall be nonexclusive, and neither the granting thereof nor any of the provisions contained herein shall limit, abridge, diminish, alter, or affect the right, privilege, power, or authority of the City Council, and the City Council herein reserves and preserves the right to grant any identical or similar or different franchise to any person, firm or corporation other than grantee, either within or without or partly within or partly without the franchise area of any grantee. No privilege or exemption shall be granted or conferred by any franchise except these specifically prescribed in this chapter.
Subordination of franchise privileges. The grant of any privilege by any franchise hereunder shall be subordinate to any prior lawful occupancy of any street or public property or to the grant of any privilege under my other franchise of prior date, insofar as there shall be my conflict.
Transfer of franchise.
Any franchise granted hereunder shall be a privilege to be held in personal trust by the original grantee. It cannot in any event be sold, transferred, leased, assigned, or disposed of in whole or in part, either by forced or involuntary sale, or by voluntary sale, merger, consolidation, or otherwise without prior written consent of the City Council and then only under such conditions as may therein be prescribed. Notice and request for approval of any proposed sale or transfer of this franchise must be given to the City Council not later than 90 days before the proposed sale or transfer. Any such transfer or assignment shall be made only by an instrument in writing, such as a bill of sale or similar document, a duly executed copy of which shall be filed in the office of the City Council within 30 days after any such transfer or assignment. The proposed assignee must show financial responsibility as determined by the City Council and must agree to comply with all the provisions of the franchise and of this chapter; and provided, further, that no such consent shall be required for a transfer in trust, mortgage or otherwise, in whole or in part, to secure an indebtedness, except that when such transfer shall exceed 50% of the market value of the property used by the grantee in the conduct of the cable television system, prior consent of the City Council shall be required for such a transfer. Such a consent shall not be withheld unreasonably.
Prior approval of the City Council, expressed by resolution, shall be required where there is an actual change in control or where ownership of more than 30% of the voting stock of grantee is acquired by a person or group of persons acting in concert, none of whom already own 30% or more of the voting stock, singly or collectively.
Term of franchise. The franchise granted by the City Council under this chapter shall be for a term of three years from and after January 1, 1999, unless terminated prior to expiration as herein provided. Any further franchise renewals shall be subject to the prior approval of the City Council pursuant to the terms of this chapter.
[Amended 1-11-1999 by Ord. No. 137]
Review of franchise. Every five years after the effective date of the franchise, the Council and the grantee shall jointly review the performance of the grantee's operation and specifically the City Council will inquire whether the grantee is supplying a level and variety of services equivalent to those being generally offered in the industry in comparable market situations. In the event that grantee desires to change or modify its obligations under its franchise, it may negotiate with the City Council to do so at that time. Within 60 days of the conclusion of the review, the City Council and grantee shall report in public preceding the result of their review and their conclusions. The City Council may then order unilateral changes in the franchise rights and obligations of the grantee where said changes cause no economic impact. Any changes that cause substantial adverse economic impact shall be the subject of negotiations with grantee. Any disputes hereunder shall be resolved by arbitrators, one selected by each party and the third selected by the other two, whose decision shall be final. The arbitrators are to base their decision what is fair and equitable to all concerned.
Recourse against City. The grantee shall have no recourse or remedy whatsoever against the City for any loss, cost, expense, or damage arising out of or with respect to any franchise hereunder, or this chapter, or the enforcement thereof.
Rules and regulations. The grantee shall be subject to all ordinances, rules, regulations, and specifications of the heretofore or hereafter established, including, but not limited to, those pertaining to works and activities in, on, over, under and about streets.
Prohibited activities of grantee. The grantee shall be prohibited from directly or indirectly doing any of the following:
Engaging in the business of selling at retail, leasing, renting, repairing or servicing of television sets or radios;
Soliciting, referring, or causing or permitting the solicitation or referral of any subscriber to persons engaged in any business herein prohibited to be engaged in by the grantee;
Providing information concerning the viewing patterns of identifiable individual subscribers to any person, group or organization for any purpose, without the consent of the owner;
Entering or encroaching upon or interfering with or obstructing any private property without the express consent of the owner;
Providing any repair service to its subscribers for a fee, which repair extends beyond the connection of its service or the determination by the grantee of the quality of its signals to the recipients thereof;
Permitting its cable or other operations to interfere with television reception of persons not served by the grantee, nor shall the system interfere with, obstruct or hinder in any manner the operation of other utilities serving the residents of the City.
The grantee of a franchise to construct, operate or maintain any CATV system in the City of Bridgman shall file with the City Clerk, not later than the date of its acceptance of the franchise, the following:
The name, address and telephone number of the grantee.
A detailed statement of the corporate or other business entity organization of the applicant, including, but not limited to, the following:
The names, residence addresses and business addresses of all officers, directors and partners or business associates of the grantee.
The names, residence addresses and business addresses of all persons and entities having an ownership interest in the grantee and the respective ownership share of each such person or entity.
The names and addresses of any parent or subsidiary of the grantee and of any other business entity owning or controlling in whole or in part or owned or controlled in whole or in part by the grantee, and a statement describing the nature of any such parent or subsidiary business entity, including, but not limited to, all CATV or similar systems owned or controlled by the grantee, its parent or subsidiary and the area served thereby.
A detailed and complete financial statement of the grantee prepared by certified public accountant, for the fiscal year next preceding the date of the franchise hereunder, or a letter or other acceptable evidence, in writing, from a responsible lending institution or funding source, addressed to both the grantee and the City Council, containing a clear statement of its intent as a lending institution or funding source to provide whatever capital shall be required by the grantee to construct and operate the proposed system in the City, or a statement from a certified public accountant, certifying that the grantee has available sufficient free, net and uncommitted cash resources to construct and operate the proposed system in this City.
A detailed description of the plan of operation of the grantee, which shall include, but not be limited to, the following:
A detailed map indicating all areas proposed to be served, routes to be taken, a diagram of the equipment which will be exposed and a time schedule for the installation of all equipment necessary to become operational throughout the entire area to be served.
A detailed statement describing the actual equipment and operational standards to be used by the grantee.
A copy of the form of any agreement, undertaking or other instrument to be entered into between the grantee and any subscriber.
Any other information pertinent to the grant of the franchise and requested by the City Council.
Within 30 days after acceptance of any franchise, the grantee shall proceed with due diligence to obtain all necessary permits and authorizations which are required in the conduct of its business, including, but not limited to, any utility joint use attachment agreements, microwave carrier licenses, and any other permits, licenses and authorizations to be granted by duly constituted regulatory agencies having jurisdiction over the operation of cable television systems or associated microwave transmissions facilities. In connection therewith, copies of all petitions, applications and communications submitted by the grantee to the Federal Communications Commission, or any other federal or state regulatory commission or any agency having jurisdiction in respect to any matters affecting grantee's cable television operations, shall also be submitted simultaneously to the committee.
Within 30 days after obtaining all necessary permits, licenses and authorizations, including right of access to poles and conduits, the grantee shall commence construction and installation of the CATV system.
The grantee shall extend trunk cable to all sections of City limits. Where unusual circumstances do exist, the grantee shall make provisions to provide for service at a future date with City Council approval.
The CATV system constructed by the grantee shall conform to the information and specifications contained in its proposal to the City and which formed part of the basis for granting this franchise.
Within one year after the effective date hereof, the grantee shall complete construction of the facilities needed to permit the reception of broadcast signals, the organization of programming within the City, and the distribution of signals to the franchise area; provided, however, the City Council may approve exceptions to this requirement upon a showing by the grantee of undue hardship or expense.
Failure on the part of the grantee to commence and diligently pursue each of the foregoing requirements and to complete each of the matters set forth herein shall be grounds for termination of such franchise.
The grantee shall utilize existing poles, conduits, and other facilities whenever possible and shall not construct or install any new, different or additional poles, conduits or other facilities without first securing the written approval of the City Council. Any poles, conduits, or other facilities of the grantee to be installed in, under, over, along, across or upon a public street, alley, way or place shall be so located so as to cause minimum interference with the public use of the streets and to cause minimum interference with the rights of other users of the streets, alleys, ways, or places of property owners who adjoin any of the streets, alleys, ways or places. In the event of disturbance of any public street, alley, place, or way by the grantee, it shall, at its own expense, promptly replace and restore such street to as good a condition as before the work causing such disturbance was performed, and to the satisfaction of the City Council.
In all sections of the City where all existing cables or other like facilities of utility companies are presently or subsequently placed underground, the grantee shall place its cables or like facilities underground, at the grantee's expense.
The City shall have the right, free of charge, to make additional use, for any public or municipal purpose, whether governmental or proprietary, of any poles, conduits or other facilities erected, controlled, or maintained exclusively by or for the grantee in any street or other public way or public place, provided such use by them does not interfere with the use by the grantee.
The grantee shall, at the expense of grantee, protect, support, temporarily disconnect, or temporarily relocate any property of grantee when, in the opinion, of the City Council, the same is required by reason of street construction, change or establishment of street grade, installation of sewers, drains, water pipes, power lines, or signal lines.
In the event the use of any part of the system of the grantee is discontinued for any reason for a period of 30 days without prior written notice to and approval by the City Council, or in the event any part of such system has been installed in any street or other area without complying with the requirements hereof, or in the event any franchise shall be terminated, canceled, or shall expire, grantee shall, at the option of the City, and at the expense of the grantee and at no expense to the City, promptly remove from any street or other area all property of the grantee, and the grantee shall promptly restore the street or other area from which such property has been removed to such condition as the City shall approve, provided the City Council may, upon written application therefore by grantee, approve the abandonment of any such property in place by the grantee and under such terms and conditions as the City Council may prescribe, and upon abandonment of any such property in place, the grantee shall cause to be executed, acknowledged and delivered to the City such instruments as shall be approved by the City Council, conveying the ownership of such property to the City.
The grantee shall, at all times, make and keep full and complete maps, plats and records showing the exact locations of its facilities located within the franchise area, and shall provide copies of such maps, plats and records to the City.
Upon the failure, refusal or neglect of grantee to cause any work or other act required by law or by this chapter to be completed in, on, over, or under any street within any time prescribed therefore, or upon notice given, where notice is prescribed, the City Council may cause such work or other act to be completed in whole or in part, and upon so doing shall submit to the grantee an itemized statement of the costs thereof, and the grantee shall, within 30 days after receipt of such statement, pay unto the entire amount thereof.
General rules. The CATV system of the grantee shall:
Be capable of relaying to subscriber terminals, televisions and radio broadcast signals.
Be constructed with the capability of two-way digital signal transmission.
Distribute color television signals which it receives.
Be constructed and operated so as not to interfere with the television reception of persons not served by the grantee and so as not to interfere with, obstruct or hinder in any manner the operation of any utility serving the City.
Be initially constructed to provide a channel capacity of 35 channels and be easily constructed to provide a channel capacity of 54 channels.
Be equipped with an emergency alert override enabling emergency interruption of all programs for the delivery of signals, necessitated by the occurrence of an emergency.
Provide at least one channel, without charge, for exclusive use of the City and other governmental agencies.
Provide at least one channel, without charge, for use by any public or private school system located within the franchise area.
Provide at least one channel as a public access channel for use by civic groups and interested citizens; provided, however, the City Council may waive this requirement at the time a franchise is granted if the franchise so granted provides for the addition of said channel by the grantee at the request of the City Council after the City Council has determined there is a demand for said channel.
Additional services. The cable television system may also engage in the business of:
Transmitting original cablecast programming not received through television broadcast signals;
Transmitting television pictures, film and videotape programs, not received through broadcast television signals, whether or not encoded or processed permit reception by only selected receivers or subscribers;
Transmitting and receiving all other signals; digital, voice and audio visual.
Refusal of basic service. No person, firm or corporation within the service area of the grantee and where trunk lines are in place shall be refused service; provided, however, that the grantee shall not be required to provide service to any subscriber who does not pay the applicable connection fee or service charges.
Service standards. The grantee shall:
Correct malfunctions promptly but in no event later than 24 hours after occurrence; in the event it should be impossible or impractical to correct any malfunctions within 24 hours, then each subscriber whose reception is so disrupted shall receive a rebate from the grantee for every additional twenty-four-hour period that said subscriber's television reception is so disrupted, unless said disruption in service was entirely beyond the control of grantee;
Answer all complaints by subscribers;
Notify subscribers, insofar as possible, 24 hours in advance of planned interruptions of service, which planned interruptions of service shall occur during periods of minimum use of the system;
Maintain an office in the City, which office shall be open during the usual business hours, with a local telephone number listed in directories of the telephone company serving the City, which office shall so be so operated that complaints and requests for repairs or adjustments may be received at any time, 24 hours a day, seven days a week; provided, however, that the City Council may waive the requirement of maintaining an office in the City if the grantee shall maintain an office in the area, subject to the same standards as if in the City, and provide an agent in the City to receive payments and accept complaints;
Provide notice of such office, or area office and local agent, and the grantee's complaint procedure to each subscriber at the time of initial subscription to the system.
Complaint procedures. Subscriber complaints regarding the quality of service, equipment malfunction, or similar matters, which have not been resolved by grantee, shall be submitted to the City Clerk by the grantee and advise the City Clerk as to the disposition that was made of the complaint. The Clerk may demand that a representative of the grantee meet with a representative of the City to discuss and resolve such complaint, such meeting to be held within 30 days after demand therefore. The grantee shall notify each subscriber, at the time of initial subscription to the service of the grantee, of the procedures for reporting and resolving such complaints. The City may, from time to time, establish such other procedures for resolving subscriber complaints in addition to the procedures outlined herein.
Failure to provide service. Any grantee of any franchise hereunder who shall, within one year after the payment of any installation charge to such subscriber, fail to operate its system or make its system available to such subscriber, on a regular and continuous basis, shall refund the installation charge to such subscriber, together with interest thereon at not less than 5% per year.
The grantee shall provide, without charge, one cable television outlet on each floor of all existing or future police stations, fire stations, public schools or private schools located in the franchise area. The grantee shall provide, without charge, basic service to each of the above-mentioned cable television outlets. In addition, the grantee shall, without charge, provide "C-Span" to each outlet in each public or private school. The grantee shall provide, without charge, one cable television outlet to the Bridgman City Hall and any other City buildings which may be designated by the City Council.
The grantee shall at all reasonable times, and to the extent necessary to carry out the provision of this chapter, permit any duly authorized agent or representative of the City to examine all franchise property of the grantee, together with any appurtenant property of grantee situated within or without the City and to examine and transcribe any and all maps and other records kept or maintained by the grantee or under the control or direction or at the request of the grantee which appertain to the franchise operations, affairs, transactions or property of the grantee.
The grantee shall prepare and furnish to the committee, at such times and such form as prescribed by the City Council, references, and materials with respect to the operations, affairs, transactions, or property of grantee as may be reasonably necessary or appropriate to the performance of any of the duties of the City.
The grantee shall prepare and furnish to the City a copy of independently certified audited financial statement not less than annually.
At the start of providing CATV service to the City, the grantee shall provide and distribute through the CATV system at least those channels and services shown in Exhibit A, which is attached hereto and incorporated herein by this reference. The initial rates and charges allowable to grantee shall not be greater than the rates and charges shown in the above mentioned Exhibit A attached hereto. The grantee shall not request an increase in the above-referred-to rates during its first year of providing CATV service to the City, unless said increase, if granted, would not become effective until the completion of the first year of service to the City.
Editor's Note: Exhibit A is on file in the City offices.
The rates and charges provided for in this section shall not be changed at any time after the granting of the franchise, except by authority of the City Council, and upon written request by the grantee, provided that, prior to authorizing the change of any rates or charges of the grantee to subscribers, at any time after granting of the franchise, the City Council shall first pass its resolution of intention to do so, describing and stating any rates or charges to be changed, the reasons of the City Council therefor, fixing a day, hour, and place certain when and where any persons having an interest therein may appear before the City Council and be heard and directing the City Clerk to publish notice of such hearing at least once. The City Clerk shall cause such notice to be published in a newspaper of general circulation with the City, and the same shall be published and a copy thereof shall be mailed to grantee hereunder at least 10 days prior to the date specified for hearing thereon. At the time set for such hearing, or at any adjournment thereof, the City Council shall proceed to hear and pass on all presentations made before it, and the decision of the City Council thereon shall be final and conclusive. If the City Council shall find that a change of rates or charges is justified by a change in cost of operation, the City Council shall approve the changes in rates.
It shall be the policy of the City to liberally amend this franchise, upon application of the grantee, when necessary to enable the grantee to take advantage of any developments in the field of transmission of data communication television and radio signals which will afford it an opportunity to more effectively, efficiently or economically serve its subscribers. This section shall not, however, be construed to require the City to make any amendment nor to prohibit it from unilaterally changing its policy stated herein. The grantee shall use its best efforts to upgrade its facilities, equipment and services so that its system is as advanced as the current state of technology will allow.
This franchise is granted by the Bridgman City Council to the grantee purely for the purpose of using easements, streets and highways of the City to erect and construct the grantee's system and is not intended to convey any copyright or patent privileges whatsoever.
Failure, refusal, or neglect by the grantee to comply with any of the requirements herein, or any term or condition of a franchise issued hereunder shall be sufficient cause for termination of any franchise by the City as follows: The City shall notify the grantee of its intention to terminate the franchise and give the reasons therefor. Said notice shall provide that the grantee may cure its default within 30 days and advise the grantee that failure to do so will be cause for revocation of the franchise granted hereunder.
If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof.
The franchise herein granted shall not become effective for any purpose unless and until a written acceptance thereof shall have been filed with the City Clerk, and such written acceptance shall operate as an acceptance of each and every term and condition and limitation contained in this chapter.
Such written acceptance shall be filed by grantee with the City Clerk not later than 30 days after grant of the franchise as provided above, and in default of such written acceptance as herein required, the grantee shall be deemed to have rejected the same and the franchise herein granted shall be null and void.
If the grantee accepts the franchise herein granted, then the grantee shall assume the cost of publication of this chapter, as such publication is required by law. Upon the grantee's acceptance of the franchise as provided herein, the City Clerk shall present the bill for publication to the grantee, which the grantee shall pay at the time. In addition, grantee shall pay the cost of publication of any notice which is required to be published pursuant to this chapter.
This chapter was adopted at a regular meeting of the Bridgman City Council on the 17th day of January 1983, and shall become effective in 20 days and is ordered to be given publication in the manner prescribed by the City Charter. Effective: February 6, 1983.