The franchise area shall be the entire Village
or portions thereof for which a franchise is granted.
For the purpose of operating and maintaining a cable communications system in the Village, the grantee may erect, install, construct, repair, replace, reconstruct and retain in, on, over, under, upon, across and along the public streets and ways within the Village such wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, pedestals, attachments and other property and equipment as are necessary to the operation of the cable communications systems; provided, however, that the grantee complies with all design, construction, safety and performance provisions contained in this Part
2, the franchise agreement and other applicable local laws.
At the Village's option, the Village may require
a grantee to utilize Village-owned conduit or other facilities for
any portion of its cable communications system during the initial
construction of the system, provided that the cost of construction
is not materially increased due to the use of Village-owned facilities.
The consideration for the use of Village conduit or other facilities
shall be as stated in the franchise. A reasonable fee for the use
of Village facilities shall be established in the franchise and may
be adjusted at the periodic performance evaluations.
No poles shall be erected by the grantee without
prior approval of the Village with regard to location, height, type
and any other pertinent aspect. However, no location of any pole of
the grantee shall be a vested right, and such poles shall be removed
or modified by the grantee at its own expense whenever the Village
determines that the public convenience would be enhanced thereby.
The grantee shall utilize existing poles and conduits, where possible.
The Village shall have the right, during the life of the franchise,
to install and maintain, free of charge, upon the poles owned by the
grantee, any wire and pole fixtures that do not unreasonably interfere
with the cable system operations of the grantee.
No cable communications system shall be allowed
to occupy or use the streets of the Village or be allowed to operate
without a franchise.
The term of any franchise granted pursuant to this Part
2 shall be stated in the franchise.
Any franchise granted pursuant to this Part
2 shall be nonexclusive. The Village specifically reserves the right to grant at any time such additional franchises for a cable communication system as it deems appropriate and/or build, operate and own such cable communication system or systems as it deems appropriate.
Whenever the agreement shall establish a separate
schedule for specific acts by or on behalf of the grantee, these shall
be deemed of the essence and any failure of the grantee to perform
within the time allotted shall always be sufficient ground for the
Village to invoke an appropriate penalty, including possible revocation
of the franchise.
In any controversy or dispute under this Part
2, the law of the State of New York shall apply.
Upon completion of the term of any franchise granted under this Part
2, the Village may, in its sole discretion, grant or deny renewal of the franchise of the grantee in accordance with the provisions of the Cable Act. The grantee shall own the cable communication system, but shall have no property right in the public rights of way upon the completion of the franchise term.
All notices from grantee to the Village pursuant to this Part
2 and the franchise shall be to the Village Mayor or his/her designee. The grantee shall maintain with the Village, throughout the term of the franchise, an address for service of notices by mail. The grantee shall also maintain with the Village a local office and telephone number for the conduct of matters related to the franchise during normal business hours. The grantee shall be required to advise the Village of such address(es) and telephone numbers and any changes thereof.
The grantee shall not be excused from complying with any of the terms and conditions of this Part
2 or the franchise by any failure of the Village upon any one or more occasions to insist upon or to seek compliance with any such terms or conditions.