The Township shall complete the uniform video franchise agreement by:
A. Including a 5% franchise fee in Section VI.A.ii.
B. Including a 0% of gross revenue fee in Section VIII.A.1.
C. Including a 0% of gross revenue fee in Section VIII.A.2.
D. Including a 0% of gross revenue fee in Section VIII.A.3.
With the terms of §
A350-1 above added, the Township approves the completed uniform video franchise agreement submitted by CC Michigan, LLC, doing business as Charter Communications attached as Appendix 1 to Exhibit A of this resolution.
To formalize the adoption of the uniform video franchise agreement,
the Township Board resolves to adopt the Ordinance to Approve, With Reservations,
Charter Communications Uniform Video Service Franchise Agreement attached
as Exhibit A to this resolution.
The Township's approval of the uniform video franchise agreement is
not a waiver of or an acknowledgement that Act 480 of the Public Acts of 2006 meets the requirements of the Michigan Constitution, United States
Constitution, or other federal or Michigan law. If it is later determined
by a court of competent jurisdiction, the Michigan Public Service Commission,
the Federal Communications Commission, or any other agency or tribunal with
jurisdiction that Act 480 or any of its provisions are unconstitutional, unlawful
or unenforceable, the Township reserves the right to take any action necessary,
including but not limited to repealing this resolution and ordinance and reinstating
any franchise in effect on January 1, 2007, to comply with any order, judgment
or ruling involving Act 480 or any of its provisions.
The Township authorizes the Supervisor to sign the uniform video franchise
agreement.
The Township Clerk is required to publish the ordinance as required
by law and notify Charter Communications within 30 days of the date the application
was filed.
All actions by the Township inconsistent with this resolution are hereby
rescinded.