A. To provide for technological changes in the state of the art of cable communications, to facilitate renewal procedures, to promote the maximum degree of flexibility in cable communications system and to achieve a continuing, advanced, modern system for the City, the City and any operator shall comply with the following provisions: (Ord. 90-85)
1. The Commission shall hold periodic review sessions to evaluate the performance of any operator. All such review sessions shall be open to the public and notice shall be given by advertisement in a newspaper of general circulation at least four (4) days before each session. In addition, the operator shall announce the date and time of each such session on each of at least four (4) days immediately preceding each session at a minimum of six (6) regularly scheduled intervals daily. (Ord. 90-85; 1998 Code)
2. Topics for discussion and review at the review sessions shall include, but shall not be limited to, the following: service, rate structure, free services, application of new technologies, system performance, services provided, programming, subscriber complaints, user complaints, rights of privacy, amendments to this Chapter, undergrounding process and developments in the law.
3. Either the City or any operator may select additional topics for discussion at any regular or special review session.
4. Any topic proposed for discussion at any regular or special review session by a resident of the City shall be included in the list of topics for discussion.
B. The procedure for considering the renewal or termination of any agreement awarding a franchise shall be pursuant to the Cable Communications Act of 1984, as amended.
C. If any agreement awarding a franchise in accordance herewith is cancelled by reason of the default of the operator, the City may exercise its option to purchase any portion of the cable communications system then connected in any manner with the streets, public ways, public places or other property of the City as well as all books and records, private easements and assignable contracts, all of which are essential parts of the system, at a cost not to exceed its then fair market value less any amount for any damages incurred by the City in connection with such cancellation. Damages incurred by the City shall include, but shall not be limited to, any payment made by the City authorizing or directing the continued operation of the system.
D. In the event that an operator dismantles or terminates the cable communications system or is required by any provision of this Chapter to dismantle or terminate the cable communications system, the operator shall, at the City's direction, restore any property, public or private, to the condition in which it existed prior to the erection or construction of the system, including any improvements made to such property subsequent to the construction of the system. Restoration of City property, including, but not limited to, streets, shall be in accordance with the directions and specifications of all affected directors and agencies of the City and all applicable laws. The operator shall restore the same at its expense. (Ord. 90-85)