An ordinance granting to Class Communications, Inc., a Michigan
corporation, a nonexclusive franchise to construct, operate, and maintain
a cable communication system in Lawrence Township for the purpose
of receiving, amplifying and distributing television and radio signals
and other cable communications service within the Township of Lawrence.
It is hereby granted by the grantor to the grantee a nonexclusive right, privilege and franchise to construct, operate, and maintain a cable television system in the Township of Lawrence, County of Van Buren, Michigan, for an initial franchise term of 15 years from the date of passage of this agreement, and a renewal option of two successive five-year periods. It is expressly understood and agreed, however, that the grant of this franchise is subject to the provisions of Article
VII, Sections 19, 27, and 30 of the Michigan Constitution of 1963, an all applicable statutes.
The grantor reserves the right to grant one or more franchises
for similar uses of streets and roadways to any person at any time.
The grantee at all times shall comply with all applicable federal,
state and local laws, and adhere to all rules and regulations set
forth by the Federal Communications Commission (FCC), or its successor
agencies.
Any breach, violation, or failure to abide by the provisions of this franchise shall be cause for termination, providing that the grantor notifies the grantee of such breach or violation, in writing, and allows the grantee 90 days to correct such violation to the satisfaction of the grantor. It is expressly understood and agreed, however, that this franchise is subject to the provisions of Article
VII, Sections 19, 27 and 30 of the Michigan Constitution of 1963, and all applicable statutes.
Nothing contained in this franchise shall exempt the grantee
from any state or local tax, levy, or assessment which is or may be
hereafter authorized by law.
The grantee shall not transfer, authorize, or assign controlling
interest of its cable system without the expressed written consent
of the grantor, provided such consent shall not be unreasonably withheld.
Transfer of this franchise to affiliated companies of Class Communications,
Inc. is hereby authorized.
In consideration of the grant of this franchise, the grantee
shall pay to the Township franchise fees of 5% of the gross cable
revenues. Such sum shall be paid to the Township no later than February
1 and August 1 of each year, of the preceding six months. The subscriber
reports of the grantee will be made available to the Township Board
and its accountants for review and examination upon demand at any
reasonable hour in relation to the collection and payment of the annual
franchise fee.
Class Communications, Inc. shall signify its acceptance of this
franchise by filing a written notification thereof with the Township
Board within 30 days from the adoption of this chapter and approval
by the Township supervisor. The franchise shall become effective on
the date such acceptance is received by the Township Board.