Granville Community Calendar

Ordinance 04-1994

BY: AhUl ,
AN ORDINANCE GRANTING A NON-EXCLUSIVE FRANCHISE TO TIMES
MIRROR CABLE TELEVISION, INC. TO OPERATE AND MAINTAIN A
CABLE TELEVISION SYSTEM IN TAE VILLAGE OF GRANVILLE OHIO
SETTING FORTH THE TERMS AND CONDITIONS ACCOMPANYING THk
GRANT OF THE FRANCHISE AND PROVIDING FOR REGULATION OF THE
CABLE TELEVISION SYSTEM.
WHEREAS, The Council of Granville, Ohio has found and determined that the
convenience of the general public is served by the presence of a cable television system in the Village and;
WHEREAS, the Council has concluded full and oRen public hearings during which an and all interested parties and members of the public desiring to make application and/r
Rresent evidence and/or present statements concerning the grant of a Caole Television tranchise, were afforded an opportunity to do so, ana;
WHEREAS, Times Mirror Cable Television Inc. an Ohio Corporation, has made
8pplication for an agreement granting a non-excfusive franchise to Times Mirror Cable
ietevision of Licking County, Inc. (1 MCT)to operate and maintain a cable television
system in the Village of Granville, Ohio, setting forth the terms and conditions
accompanying the grant of the franchise and providing for regulation of the cable
television system, and;
WHEREAS Times Mirror Cable Television of Licking County, Inc.,an Ohio corporation
wiTthMcaCblTe "A)olds a non-exclusive franchise t6 provide the Village of Granville V("illage") television services; and,
WHEREAS, Times Mirror Cable Television of Licking County, Inc.,has made an application for renewal of said franchise, and the Village has reviewed and approved 7 imes Mirror Cable Television's qualifications and periormance and has decided to
approve the issuance of a 10-year franchise to Times Mirror Ca6le Television.
NOW, THEREFORE, be it ordained by the Council of Granville, Ohio that the parties
agree as follows:
SECTION 1. DEFINITIONS
For the, purpqses of this a,greeinent, the following terms, phrases, words, abbreviations
and their derivations shali have the meaning given herein. When not inconsistent with the
context, words used in the plural shall include the singular, and vice versa. The word
shall is always mandatory and not merely directory.
A. "Cable Television System"shall mean a system of antennas, cables, and other
facilities that receives directly or indirectly over the air, amplifies, or otherwise
modifies the signals transinitting programs broadcast by one or more television or radio stations or other programmers and distributes such signals by wire or cable to subscribing niembers oi the public who pay for such service.
B. Villajze "shall also mean "Villaae"i,n its present form, or in any form which may subsequently be adopted.
C. "Village Council" shall mean the Council of Granville, wliich is the principal legislative body of the Village or any future board constituting the legislative body ot-the Village .
D. "Converter"shall mean an interface device which mav be furnished to subscribers
in order that non-standard television channels carried on the cable television
syste 111 may be received on a conventional home television receiver.
E "Federal Communications Commission"or "FCC" shall mean that agency as presently constituted by the Coniniunications Act of 1934, or any successor agency.
F. "Franchise" shall mean the non-exclusive rights granted hereunder to construct and operate a cable television system along the, public ways within all, or specified, aforeratsheinptrhiveileVgilelage and is not intended to include any license or permit required of transacting and carrying on a business within the Village as minadyicabteedreqbyuirtehde by other ordinances ana laws of the Village . Where otherwise context, it shall mean this franchise agreement.
Franchise Fee"shall mean any tax, fee or assessment imposed by the Village as a ncootndinitciolundeof providing cable television service to the Villaije residents. It snail any tax, iee or assessment of general applicability.
OGhrioanCteoerp"oshraatlilomn,ean Times Mirror Cable Television of Licking County, Inc.,an and its lawful successor, transferee or assignee.
ORDINANCE NO. 4-94
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I. "Public Wav"shall mean the surface, the air space above the surface and the area
below the surface of any street, highway path, valley, sidewalk, boulevard, drive,
or other public right-of-way, incluTiing the public utflity easements or right-ofway,
now or hereafter held by the Village ,which shall entitle the Village and the
Grantee to the use thereof for the purpose of installing and maintaining the
Grantee's cable television system.
J. "Subscriber"shall mean any person, who contracts to purchase, orally or in
writing, the regular subscriver service and/or any,or more of such other services
as may be provided by the Grantee's cable television system.
The Act"shall mean the Cable Communications Policy Act of 1984, as amended
in 1992 and any subsequent amendments thereafter, 47 U. S. C. 521 et seq.
L. "Gross Revenues"shall mean all monthlv Customer revenues received directly by
the Grantee from its operation in the Viflage of Granville including but not
limited to basic service, prennum service, installation and equipment rental
receipts.
SECTION 2. FRANCHISE CONDITIONS
A. Grant. The Village hereby grants to the Grantee the non-exclusive right to operate
a cable television system within the Village , under the terms and conditions
hereof.
B. Franchise Terms. The term of this Franchise shall be (1 0)years from the date the
Franchise is accepted by the Grantee.
C. Franchise Fee -The Village reserves the right and the Grantee shall pay to the
Village any Franchise Fee assessed in the future by the Village. After execution
of this Franchise Agreement the Village may, at any, time during the term of the
Franchise, on its own initiative, refrain from collecting a Franchise Fee from the
Grantee, reduce the amount of the Franchise Fee it collects from Grantee, increase the or amount of the Franchise Fee it collects from the Grantee up to a
maximum of 5%of the gross revenues of the Grantee. The Grantee agrees to implement a decrease in said Franchise Fee within ninety (90)days oi receipt of notification. The Grantee agrees to iniplement an increase in saia Franchise Fee
witliin one hundred eighty (180)days of notification. A written copy of
councilmatic action must accompanv notification. The Village may make a
niaximum of two (2) changes per calendar year.
The Grantee shall pay Franchise Fees to the Village on a quarterly basis. All
Franchise Fee payments shall be delivered to the Village within thirty (30) days after the close oi each quarter. The Village may assess a late fee to the Grantee at
a rate egual to the current monthly prime rate for any payments due but not tendered within forty-five (45)days after the close of each quarter.
No,acceptance of payment shall be construed as a release or as an accord and
satisfaction of any claim the Village may have for further or additional sums payable under this Agreement.
D. Franchise Revocation Procedure. Whenever Grantee shall fail, refuse, or neglect to construct, operate or maintain conditions of street occupancy, or in other ways violate the material terms and conditions of this franchise, the Village will notify the Grantee in writing, setting forth the nature and facts of such non-compliance which they believe have occurred. If within thirty (30)days following such written notification by the Village, the Grantee has not iurnished proof that corrective action has been taketi or beilig actively and expeditiously pursued, or evidence that the alleged violations did not occur, the Village shall place a request for mteermetiinnagt.ion of the franchise on the agenda of the next regular Village Council
If the Village determines that such non-compliance was without just cause, then the Village niay adopt an ordinance, after reasonable notice to Grantee and hearing thereon, that forthwith terminates the franchise and instructs the Grantee to promptly remove from public way all of its cable television system facilities within ninety (90)days frotii the date the Grantee receives written copy of said ordinance, unless there be compliance by the Grantee within such a period as the Village may fix.
In addition to all the other rights reserved to the Village by virtue of this agreement or otherwise, the Village may invoke the right as defined above in the event (1) the Grantee becomes insolvent, or is unable to pay its debts, or is afrdajuuddged bankrupt, or (2)the Grantee knowin@ly attempts to or does practice any or deceit upon the Village or its subscriDers.
No revocation or termiliation shall be effective unless the Village Council, at any regular meeting at which all interestedparties have been heard, shall have adopted an ordinance setting forth the reasons ior the termination.
E. Transfer of Franchise.
1 The franchise granted hereunder shall be a privilege to be held in personal otruf,sitn bwyhtohlee Grantee. It shall not be assigned, transferred, sold or disposed or in part, by voluntary sale, merger, consolidation or
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otherwise by forced or involuntary sale, without prior consent of the
Village Council expressed by resolution and then only upon such conditions
as may therein be prescribed, except for transfer to corporate affiliates,
which consent will not be unreasonably withheld or delayed.
2. Where there is an actual change in control or ownership of more than fifty
percent 5( 0%of)the Grantee's voting stock by a person or group of persons acting in concert, none of whom already owns fifty percent 5( 0%or)more
of the Grantee's votin stock, singly or collectively, then, prior consent of
the Council, expressea by resolution shall be required for the assignment or transfer of the iranchise and said consent shall not be withheld
unreasonably.
3 Granting of the Consent of the Council for the assignment under paragraph
one (1) or two (2)above shall not constitute a waiver or release of any of
the rights of the Village under this Ordinance and the franchise.
4. The approval of the Village for any change in ownership of the Company
shall not be required unless such change involves a change in control of the
Conipany.
5. Nothing contained in this Section shall be deemed to prohibit or require
Village approval of any assignment, pledge, lease, sublease, mortgage, or other Transfer or hvpothecation of all or anv part of the stock of (or other
evidence of ownership in)or assets (not inctuding the franchise)of the
Company or the System, or any right or interest therein, for securing an indebtedness, provided that each such assignment pledge, lease, sublease,
mortgage, or other transfer or hypothecation shali be subJect to the rights of the Village pursuant to this Agreement, or applicable law, and such
rights of the Village shall be recognized in each such hypothecation
agreement bet,veen the Company and any such creditor.
SECTION 3. INSURANCE-INDEMNITY
A. Insurance Requirements. Grantee shall maintain in full force and effect, at Citsomowprnehceonsst ivaendLeiaxeinlitsye,Indsuurrinagncteheintcelrumdinogf taheutoFmraonbcihleise, General of $LOOO,000 for bodily insurance in the amount injuries to aliy one person, and subject to the same limit for each person in an amount not less than $2,000,000 on account of anv one
occurrence, and Property Damage Liability Insurance in an amount not tess than
Vi1lla0g0e0,000 resulting from any one occurrence. Said insurance shall designate the as an additional named insured. Such insurance shall be non-cancelable
except upon thirty (30)days prior written notice.
B. To the fullest extent permitted by law, Grantee shall at its sole cost and
pexupvelincseo,fffiuclilaylsin, dbeoamrdn'iffdefend and hold harmless the Village, its officers, s and commissions, agents,and employees from and against calnayim.asndagaallinlsatwsuits claims (including without limitation worker's compensation Judgments for itnhjeurVy illae or others)c,auses of action, actions, liabilityA and reasonable legal fees oarnddadmisabugresse mi(necnlutsding but not limited to expenses ior therewith): assumed by the Village, in connection
1. To persons or property, iii any way arising out of or through the acts or omission of the Grantee, its subcontractors, agents or employees, to ivhich Grantee's negligence shall in any way contribute.
2. Arising out of any claim relating to Grantee's programming for
invasion of the right of privacy, for defamation oi,any person, firm
or corporation, or the defaniation of any person firm or corporation,
onraniteh,e violation or infringement of any copyrigilt trademarR, trade or corpsoerravitcioenm, baurkt eoxrcgiuadteinngt tcolaaimnys oathriesrinrgigohuttooffaonry rpeelartseodn,tofirm Village progra,11111 ing
3. Arising out of Grantee's failure to comply with the provisions of any Gferdaenrteael, sintaittes, bourslionceasls statute, ordinances or regulation applicable to hereunder.
SECTION 4. SUBSCRIBER RATES
A. To the extent now or subsequently.allowed by applicable federal law or regulations, Village reserves the right to regulate any rates Grantee may charge.
SECTION 5. STREET OCCUPANCY
A. pGorasnstiebele,shall utilize existing poles, conduits, and other facilities whenever conduits, and shall not construct or install any new, different or,additional poles, property, ourntoilthtehre fwacriitltietiensapwphreotvhaelr oofn public property or on privately owned which approval shall not, as. to the Villatngee,Vbilelaugnereoarspornoapbelyrtywiothwhneelrd lS obtained, or delayed.
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B. All transmission lines, equipment and structures shall be so installed and located
as to cause minimum interference with the rights and reasonable convenience of
property owners who adjoin on any street. Suitable barricades and warnitlg
devices shall be used at such times and places as are reasonably required Ior the
safety of all members of the public. Tree trimming shall be conducted only when
necessary, with spesific prior approval of the Village Manager, to ensure safe
installation and maintenance of cable lines.
C. In the case of disturbance of any street, sidewatk, alley, public way or paved the Grantee shall, area, at its own cost and expense, in the manner approved by the
Village Manager, replace and restore said street, sidewalk, alley, public way, or
pavea areas in as good a condition as before the work involving such disturbance
was done.
D. If at any time during the period of this Franchise the Village shall lawfully elect
to alter or change the grade of any street sidewalk, alley or other public way, the Grantee, upon reasonable notice by the Village, shall remove relay and relocate
its poles, wires, cables, underground conduits, manholes, and other fixtures at its
own expense.
E. The Grantee shall, .upon the request of any person holding a building. moving
permit issued by Village tetiiporarily raise or lower its wires to permit the moving of buildinws. The, expense of such temporary removal or raising_or lowering of
wires shafT be paid by the person requesting the same, and theUrantee shall have
the authority to require such paynient in aavance. The Grantee shall be given not less than seven (7)days advance notice to arrange for such temporary wire changes.
F. The Grantee shall have the authority to trim trees over hanging streets, allevs,
sidewalks and public ways and places of the Village, with prior approval ofthe
Village manager, so as to prevetit the branches of such trees from coming in contact with fhe wires and cables of the Grantee. By mutual agreement ot the
Village and the Grantee, such trimming may be done by the Village or under its
supervision and direction at the expense of the Grantee.
G. Nothing in this Franchise Ordinance shall grant to the Grantee the right of Village-owned property, nor shall the Village be compelled to maintain anv of its
property any longer than, or in any. fashion other than, in the Village 's judgment
its own business or needs may require.
H. Except for individual service drops, the Grantee shall not erect any pole, run any line, make any attachment, nor shall any construction of anv kind be commenced
without the prior approval of the Village Engineer, and the «Village shall maintain the right to inspect the construction, operation, and maintenance of the system by the Grantee to insure the proper performance of the terms of this Franchise
Agreement. Such inspections , viI! be at the sole cost of the Village .
I. Whenever all electrical and telephone utility wiring is located underground, either at the time of initial construction or subsequently, at the direction ot the Village , the television cable shall also be located underground, at Grantee's own expense. If the facilities of either the electric or the telephone utility are aerial, the television facilities may be located undergrouna at the request of the property owner, provided that the excess cost over aerial location shall be borne by the property owner making the request.
J. The Grantee's system and facilities, including poles, lines and equipment and all appurtenances, shall be located, erected and maintained so that such facility shall.
1. Not endanger or interfere with the health, safety or lives of persons;
2. Not interfere with any improvements the Village, County or State may deem proper to make,
3. Not interfere with the free and proper use of public streets, alleys, bridges, easements or other public ways, places or property, except to the niininiuiii extent possible during actual construction or repair;
4. Not interfere with the rights and reasonable convenience of private apcrotupaelrty owners, except to the iii ininium extent possible during construction or repair, and
5. Not obstruct, hinder or interfere with gas, electric, water or telephone facilities or other utilities located within the Village.
K. Restoration to Prior Condition. In case of any disturbance of pavement, sidewalk, driveway or other surfacing caused by Grantee and excluding acts of God, the Gratitee shall, at its own cost and expense and in a nianner approved by the Village, replace and restore ali paving sidewalk, driveway, landscaping, or surface of any street or alley disturbed, in as good conditioo as before said work swtaasndcaormdsinefoncresducahndwoinrka good workmanlike, timely manner in accordance with within set by the Villale. Such restoration shall be undertaken completneodmasoresotohnanas1p0obsussibinleestshedraeyasfteartt.er the damage is incurred and shall be
L. eIfle,cdturin the period of the franchise, the Village, County or State shalilawfully to alter, or change the grade of any street, alley or other public ways, the
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Grantee, upon reagonable notice by the proper authority, shall remove or relocate
as necessary its poles, wires, cables, underground conduits, fixtures manholes and other at its own expense.
SECTION 6. OPERATION AND MAINTENANCE OF SYSTEM ,
A. The Grantee shall tender efficient service, make repairs promptly, and interfupt service only for 8ood cause and for the shortest time possible. Such interruption, insofar as possible, shall be preceded by notice, and shall occur during periods of minimum use of the system.
B. ' The Grantbe shall, subject to the provisions of this Agreement as to service''be' Frerqaunicrehdiseto, spuebrjmecitt any person to have access to the services of the holder 02 this that only to the payment of required charges, provided, however, leastnfooertxyte n(4s0io)npootef nthtiealsyhsotmemes need be made to any location unless there is at per mile of cable plant as measured from the nearest trunk line, or unless the subscriber or subscribers shall pay for, and share' equally, the actual additional expense of labor and materials in addition to the normal installation to be payable by each subscriber for such extension of the dsyisscterimm.inTahtieonService shall be furnished to all paying subscribers without unlawful annexed into theasVtoillaragtees and service within tne Village or any future areas except where special installation problems arise.
C. The cable television system to be operated by Grantee shall in all respects meet with the technical performance requirements set forth in the FCC's Rules for Cable Television including applicable amendments thereto.
D. ' Grantee shall ptovide, without charg one basic service outlet or that level of pseurbvliicce:awbdhich Includes public educati6n access to each police and fird station, by the Villapgreiv,apterosvchidoeodl,,a.nd such Village o-wned buildings as.may be desisnated trunk however, that, if it is necessary to extend Grantee's to anyosrcfheoeodler lines more than three hundred 3( 00)feet solely to provide service Grantee' or public building, the Village shall have the option, either of paying of releassindgirGecrat nctoesetsfrfoomr such extension, in excess of three hundred 3( 00)feet, or Furthermore, Grantee shallthe obligation to provide service to such buildins. owner entitled to free be permitted to recover, from any public building do basic service, the direct cost of installing when requested to reqsuoir,inmgore than one outlet, or concealed inside wiring, or a basic service outlet more than two hundred fifty (250)feet of drop cable.
E. Rebuilt System. The parties understand and agree that the Grantee,within 12 months, shall operate and maintain a 550-Mhz capable cable system as specified in the maps provided to the Village and as updated periodically by Grantee.
F. Icnomcopnlystwruitchtion, operating and maintaining the system, Grantee shall at all times this Ordinance and all applicable laws.
G. Ebequipment used for the distribution system, headend and reception facilities shall or good and durable quality and be serviced and repaired on a regular basis.
H. iMnsintaimlleudmaInndterference. All transmission lines,equipment and structures shall be located so as to cause minimum interference with rights and reasonable convenience of propertv owners and at all times kept and maintained in taimsaefse, aenmdpalodyeqnueacteesscaornydaintidonre, aanscofnianbBleood order and repair. Grantee shall, at all commonly accepted methods and devices cfaorre parnedvesnhtainllginfasitlaulrleasnd maintain in use which are likely to cause damage, injury, and accidents or nuisances to the public. Suitable
places as are reasonably required for the safety of all members of the public.
barricades, flags, lights, flares, or other devices shall be used at such times and
I. pPaarreennttaall cCoonntrtrooll bevices. Grantee shall make available at appropriate charges, which they desired.evices so that parents, at their choosing, may lock out channels
SECTION 7. OPERATIONAL REQUIREMENTS AND RECORDS
A. Grantee shall construct, operate, and maintain the cable television system subject taoppcloicmapbllieanacmeewnidthmethnets,teocfhnical standards, rules and regulations, including applicable federal, the Federal Communications Commission and all other Electric Safety Codest.ateThoer cVaiblllaege laws and regulations, including the National television system and all its parts shall be subject
limited to those required ior compliance with the technical standards of the
to inspection by the Villase ,provided, however, that electrical tests shall be
rFeefdeerrreadl Ctoominm. thuinsicsaeticotniosn.Commission. The Village shall not charge for any tests
B. tGhreanstyesetesmhall exercise its best effort to desin, construct, operate, and maintain material deagtraadlal ttiiomnestosqoutahalittys. ignals carriea are delivered to subscribers without
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C. Grantee shall at all times comply with: 1)National Electrical Safety Code
National Bureau of Standards)'2)National Electrical Code (National Bureau of
rire Underwriters)3;) applicable FCC or other Federal, State and local
regulations; and standards as set forth in the franchise.
D. Grantee shall, at all times, collect and promptly remit to the aporopriate
government authority, any tax that may be legally imposed on Grantee's subscribers in connection with the cable service.
SECTION 8. SERVICE ADJUSTMENT AND COMPLAINT PROCEDURE
A. Grantee shall maintain a repair service capable 9f locating and correcting major
system malfunctions promptly. Said repair service shall De available, in addition
to normal business hours, to correct such major system malfunctions affecting a number of subscribers which occur from the tinie the Grantee's office closes until
12: 30 a.m. Monday through Friday, and from 8: 00 a.m. until 1 2: 30 a.m. on Saturdays, Sundays and holidays.
B. A listed, local or toll-free telephone number shall be made available to subscribers
for emergency service calls during non-office hours. The number used shall be
listed in the telephone directory under all names by which Grantee is known or comnionly referred. Investigative action shall be initiated in response to all
service calls other than iii a.lor outages, not later than the next business day after the call is received. Corrective action shall be completed as promptlyas
practicable. Appropriate records shall be made of service calls, showing when received and what corrective action was completed. Such records shall De retained
in Grantee' s files for not less than two (2)years.
C. Grantee shall not schedule controlled interruptions of system service after 7: 00 P. M. and before 1 :00 A. M..Grantee will be exempt from Section 8C if controlled interruptions occur due to State or Federal regulations, or acts of God or other
occurrences not under control of the Grantee.
D. In the event that full service to any customer is interrupted for a period of forty eight (48)hours or more, the Grantee shall review the nature and cause of such
interruptions if so requested by the Village. Grantee will also provide a recommended adjustment of subscriber charges for the affected month. This
recommended adjustment v; ill take into consideration the cause of the number of hours lost, multiplied by the hourly pro rata share of the current monthly rate.
E. The Grantee shall respond to service interruptions, outages and malfunctions of
systein facilities as quickly as possible, excludine acts of God, but shall in any, Ccaosme prelasipnotsndorwriethqiunesthtse wcuhircrehnt FCC Rules and Rkgulations for Customer Service. be responded may pose a potential health and safety hazard will possible, to immediately. In connection with billing complaints, when at all the Grantee shall respond within seven (7)business days.
F. PROTECTION AND SUBSCRIBER PRIVACY. In order to protect the privacy of the subscribers to the Grantee's system, the Grantee shall comply with the requirements of 47 U. S. C. 551 and other applicable state and federal recluircnients. The Grantee shall not tap ando/r nionitor or arrange for the tapping anao/ r monitoring of permit, either expressly or implied, or allow any other person to tap ando/ r monitor an y cable, line, signal input device, or subscriber outlet or sreucbesicvreibr efor.r any purpose whatsoever, wittiout the expressed permission of the Notwithstanditig the preceding, the Grantee shall be entitled to conduct systemwide or individually.addressed s"weeps"for the purpose of verifying system integrity, controllins return-path transmissions, billing for services, or determining illegal or uniawful reception of services.
SECTION 9. LIMITS ON GRANTEE'S RECOURSE
A. Except as expressly grovided in this franchise agreement, the Grantee shall have nthoe rteecromusrsaendagcaoinnsdtititoilensVoilflatsneis for any loss, expenses or damaRe resulting from thereof, agreement or because of the Village 's enforcement The Granntoere feoxrptrheessVlyillage 's failure to have the authority to grant the franchise. relying upon its agreps that upon its acceptance ot the iranchise it does so the Village to graonwtnsianidvefsratingcahtiiosen. and understanding of the power and authority of
B. The Grantee, by acceptilig the franchise, acknowledges that it has not been induced to accept same by any promise or representation, verbal or written, by or cononbdeithioanlf ooff tthheisVfriallangctpilsoer abgyreaennyieontthenrottheixrdprepsesresodnthreergeainrd. ing any term or
LSAEWCTION 10. COMPLIANCE WITH AND APPLICATION OF STATE AND FEDERAL
A. The Grantee shall at at! times, comply with state and federal law and the rules and regulations of any federal administrative agency. If any state or federal law ionrtorucleonofrlicret gwuiltahtiothneof any federal administrative agency is or hereafter comes and Grantee shall, terms and conditions of this franchise, the Village Council franchise agreemenatsinsoon as possible following ktiowl,edge thereof,amend this regulation. Provided, haowmeavnenre,rthtoatbirfinegxiisttiinnt,o compliance with such law, rule or change in Federal Law or State Law or if saiagcfhraanngcehsiseasreanreotneoftfeacftfievceteudnbti the
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renewal then and only impleamnyenatmedendments to the existing franchise agreement shall be optional upon mutual agreement of both the Village and the Grantee.
B. ' rSehgouulaldtioanppwlicitahboluet ltehgeiscloantsiveen,tjuodfitchieal.Gorranfetegeulaantdory authorities at any time permit Village, the Village not Dresently permitted to the additional regulationmay without the approval of the Grantee engage in any such Grantee, .whether as may then be permissible without the consent of the including without olirmniotat tcioonnt,emplatea by this Agreement or the franchise, , regulation regarding franchise fees, taxes, potrhoegrramming, rates charged to subscribers and users, consumer protection or any such cmhaanttgeer.. The Village shall provide reasonable notice to the Grantee of any
SECTION 11. DISCRIMINATION PRACTICES PROHIBITED
The Grantee shall not, as to rates, charges, service facilities rules, regulations or in any osuthbejercrtespect make or grant unlawful, undue preference or advantage to anv person, nor this franacnhyis:peerson to any unlawful prejudice or disadvantage provided thai nothing in scalejof chargeasgraenedmcelnatsssihfiaeldl be deemed to prohibit the establishment of,a graduated classification would be entitled.ratCeosncnheecdtuiolens. to which any customer coming within such modified during promoti6nal campaigns of theanGdrao/nrtesee.rvice charges may be waived or
SECTION 12. REMOVAL OF FACILITIES
fUapcoilnit.iteesr.inination. of service to anv subscriber, the Grantee shall promptly remove all its subscriberanudpoenquhipismreenqtutehsat.t can be removed without damage to tne premises of such
SECTION 13. RIGHTS RESERVED TO THE VILLAGE
The Village hereby expressly reserves the right to exercise its governmental powers, now Vorillhaegree.after to the full extent that such powers may be vested in or granted to the
SECTION 14. COMMUNICATIONS
Council, which shall address, but not be limited to the iollowing issues:
GAtrathneteefi'rst regularly,scheduled Council Meeting in April, the General Manager for s cable television system shall make an annual presentation to the Village
A. A summary of the previous vear's activities with respect to the development of the ocarblolestte;laenvdispioronJ,escytsetdema,citnivci,tfuiedsing services begun or dropped; subscribers gained ior the coming year.
B. A summary of common service complaints, and Grantee's plan to remedy these.
C. Aintrsoudmumceadryaondf important new cable technologies and services which have been are in use in other cable markets in the United States.
SECTION 15. FORCE MAJEURE: GRANTEE'S INABILITY TO PERFORM
requirements of this franchise agreement is prevented or impaired due tq any cause
In the event Grantee's performance of any.of the terms, conditions, obligations or bsheayollnbdeitdseeremaesdonable control or not reasonably foreseeable, such inability to perform thereof,providedtoGbraenetexecuhsaesd naondtifineodpenalties or sanctions shall be imoosed as a result discovery of the occurrence of such Village in writing within thirtv 3(0)days of its control or not reasonably foreseeableansheavlel nint.clSuduceh, bcuaut ssehsablleyond Grantee's reasonable God, civil emergencies, and labor unrest or strikes. not be limited to, acts of
SECTION 16: SEVERABILITY
uIfnacnoynssteitcuttiioonnaolf this agreement, or any portion thereof,is held invalid or validity ofthe rembyaianninygCpoourrttioonfschoemrpeeotfe.nt Jurisdiction, such decision shall not affect the
SECTION 17. INTERPRETATION
Ninotthweithevsetannt doinf g any provision of this agreement to the contrary the Village aBrees that or dispute as toamnyeaanminbgig.uthitey Vwiiltlahgreesspheacltl tion tchoentjeurnmcstioannd conditions of tnis iranchise faith effort to establish the meaning of such term with the Grantee make a good the parties' original intent of the language. or condition in a manner consistent with
SECTION 18. VOLUNTARY SUBSCRIPTIONS
7
All subscriptions for services under any franchise shall be on a voluntary basis and may be terminated at
any time by the customer.11/1*4,
7A
SECTION 19. NOTICES
Any notices required or permitted under this franchise agreement may be personallv
delivered or forwarded by certified or registered mail, return receipt requested, and shall
be addressed as follows:
If to Village:
If to Grantee:
Village of Granville
141 East Broadwav
Granville, Ohio 43023
Times Mirror Cable Television
of Licking Countv, Inc.
111 Norttillth Street
Newark, Ohio 43055
Attention: General Manager
Either party may change its address by providing written notice to the other party.
SECTION 20. OTHER FRANCHISES
In the event the Village enters into a franchise, permit, license, authorization or other
agreement of any kind with any other person or entity other than the Grantee for the
purpose of constructing or operating a c,able system or providing Cable Service to part of the Franchise any Area, which contains terms more ravorable to such person or entity
in any regard than similar provisions of this Agreement, then this Agreement shall be
deemed amended as of the effective date of the other franchise, permit, license,
authorization or other agreement, so as to give the Grantee the 6enefit of any such more favorable terms.
SECTION 21. NO JOINT VENTURES
Nothing herein shall be deemed to create a joint venture or principal-agent relationship
between the parties, and neither party is authorized to nor shall either party act toward
third persons or the public in any manner which wouid indicate any such refationship with the other.
SECTION 22. ENTIRE AGREEMENT
This document constitutes the entire agreement between the Villae and the Grantee. No modifications will be made to this agreement without notice and tne appropriate written
amendment agreed to by both parties.
SECTION 23.
This ordinance shall take effect and be in full force from and after the earliest date
allowed by law.
Passed this 6-tb
Ast:
LOLL,d 'i.1*«10
day of Librv
Clerk of Council
Approved-a_ t,€orm:
V 57 4
71
41lic/ lUMLf«
Law re€tof - '
Terms of this franchise agreed to by:
T11im1 eNsoMrthirro1r1Ch/a/Sble Teetl e/on of Licking County, Inc.
Newark,Oh413195 1 1 c-#
By,. 1 ArksU<A€/ Attest:
6/
Title: 114<*4-1
1994.
8

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