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 Franchisee shall, at all times during the
life of this Franchise, be subject to all lawful exercise of the police
power by the Town. Franchisee shall maintain and operate the CATV
System according to all pertinent rules and regulations of the Federal
Communications Commission or any successor or other agency having
jurisdiction in respect to any matters affecting CATV operations authorized
pursuant to this franchise.
[Amended 3-9-1991 by Ord. No. 203]
A. Initial term. Upon the filing with Town by Franchisee of the written acceptance required herein by §
A188-17, this franchise shall be in full force and effect for a term and period of 15 years commencing as of January 1, 1991.
B. Renewal. Renewal hereof shall be in accordance with
the renewal provisions provided by Section 546 of the Act.
The Town hereby grants to Franchisee the authority
to contract with Town or any appropriate board or agency thereof or
with the holder or owner of any utility franchise in the Town for
the use, rental, or lease of its or their poles, underground conduits,
and other structures and facilities for the purpose of extending carrying,
or laying Franchisee's wires, cables, electronic conductors, and other
facilities and appurtenances necessary or desirable for the operation
of its CATV System. The Town agrees that any public utility owning
or controlling such poles or underground conduits may, without amendment
to its franchise, allow, and is encouraged to allow, Franchisee to
make such use thereof pursuant to any agreement reached between such
utility and Franchise.
As contemplated by the Act, as a cable operator
subject to effect competition, Franchisee shall not be subject to
rate regulation.
As consideration for the right, privilege, and
franchise herein conferred, Franchisee shall pay to Town each year
a sum equal to 3% of Franchisee's gross receipts for such year. Payment
to the Town for each of the years that this ordinance is in effect
shall be made on or before the first day of July each year, based
on the fiscal records of the Franchisee for the preceding annual period
from June 1 to May 31, with the first of such annual payments to be
made on or before the first day of July, 1991, based on the fiscal
records of the Franchisee for the portion of the preceding calendar
year this ordinance was in effect.
The technical standards of the CATV System shall
meet or surpass any standards now or hereafter requested by the Federal
Communications Commission.
The Franchisee agrees not to oppose intervention
by the Town in any suit or proceeding to which the Franchisee is a
part, concerning or involving Franchisee and the Town's right under
this franchise.
Within 30 days from the effective date of this
ordinance, Franchisee shall file its written acceptance of this ordinance
and franchise with the Manager of the Town, or else this ordinance
shall be null and void. Upon this written acceptance by Franchisee,
this ordinance and franchise shall constitute a contract between the
Town and Franchisee and shall be binding upon both.