§ 22-27. Termination or expiration.

(a)

A franchise granted under this chapter may be terminated by the village for just cause, which may include but not be limited to a material breach of the provisions of this chapter, a franchise agreement issued under this chapter, or other violation of local, state or federal law. The village shall not terminate a franchise without notice to the grantee, reasonable opportunity to cure, and a public proceeding offering the grantee and other interested parties the opportunity to comment.

(b)

Should a grantee's franchise be terminated or expire and there is no judicial or administrative review of the termination or expiration taking place, the grantee shall begin removal, within 90 days of termination or expiration, of all property owned by the grantee and placed on a public right-of-way unless permitted by the village to abandon the property to the village or to a purchaser.

(c)

If a franchise has been terminated or has expired, the village shall have options, to the extent then permitted by law, to purchase the tangible assets of the grantee's cable television system previously governed by the franchise at its fair market value, which may be determined by a bona fide offer to purchase the system, to assign such rights to purchase, or to require removal of all the grantee's property located within the public ways of the village at the grantee's expense. Such an option must be exercised within one year from the date of the termination or expiration of the franchise, the entry of a final judgment by a court reviewing the question of the termination or expiration, or the entry of a final order upon appeal of the same, whichever is later.

(Ord. No. 96-4, § 22.05, 4-1-96)