(a) Every two (2) years during the franchise term, the City may evaluate the performance of a franchisee pursuant to this section. The first such performance evaluation may be conducted on the first anniversary of the effective date of a franchise agreement. A franchisee shall cooperate fully with these evaluations and supply the City with all relevant information requested. If the City desires to implement a written survey of subscribers in connection with its evaluation of service, a franchisee shall distribute the City's questionnaire to its subscribers. Franchisee and the City shall cooperate fully in the development of such questionnaire. The subscriber questionnaire shall meet the billstuffer specifications of the franchisee. Reasonable notice shall be given to the franchisee to ensure that the questionnaire may be inserted in the franchisee's billing statements. If franchisee and City agree, such subscriber survey may be conducted via telephone interviews with a statistically valid sampling of subscribers. Any meetings between the City and the franchisee for purposes of evaluation shall be publicized in advance and open to the public.
(b) If evaluation indicates the need for modification to the franchise agreement, the Mayor shall attempt to negotiate the necessary changes. The Mayor shall issue a report to the Council of the results of the performance evaluation and any recommended changes to the franchise agreement as negotiated with the franchisee.
(c) The Council may hold a public hearing on any performance evaluation reports. Any franchise agreement modifications must be approved by the Council before they become effective.
(Ord. 75-89. Passed 6-26-89. )