(A) The system intended for the city may be part of a joint system that serves the Cities of Columbia Heights and Hilltop.
(B) Grantee will, in good faith, apply for and accept, if offered to it, a franchise from both cities on all the same terms and conditions herein provided. Failure to do so shall cause this chapter to be void.
(C) The franchise ordinance, or any amendments hereto, shall be in full force and effect 31 days after its passage provided grantee accepts the franchise, or any amendments hereto, within 30 days of passage. Upon acceptance, grantee shall be bound by all of the terms and conditions contained herein. Grantee shall continue to provide at a minimum all facilities and equipment and all broad categories of services-provided on the effective date of this amendment to the code except to the extent they are not subject to regulation by the city under state or federal law or upon the mutual consent of the city and grantee. Grantee shall provide one cable outlet and non-premium monthly service at no charge to city governmental institutions and educational institutions. Any additional outlets shall be installed on a “time and materials” basis to be paid by the governmental institutions or educational institutions. The repeal of Exhibits B-G to the initial franchise does not constitute a waiver of any rights of either the city or grantee.
(D) (1) In the event of conflicts or discrepancies between any part of grantee's proposal and the provisions of the franchise, those provisions which provide the greatest benefit to city, in the option of the Council, shall prevail.
(2) Grantee shall have continuing responsibility for the franchise, and if grantee be a subsidiary or wholly owned corporate entity of a parent corporation, performance of the franchise shall be secured by guarantees of the parent corporation in form and substance acceptable to city, which shall be delivered at time of, and as part of, acceptance of this franchise.
(3) With its acceptance, grantee shall also deliver to city an opinion from its legal counsel, acceptable to city, stating that the franchise has been duly accepted by grantee, that the guarantees have been duly executed and delivered, that the franchise and the guarantees are enforceable against grantee and the guarantors in accordance with their respective terms, and which opinion shall otherwise be in form and substance acceptable to city.
(4) With its acceptance, grantee also shall deliver to city true and correct copies of documents creating grantee and evidencing the power and authority referred to in the opinion of grantee's counsel, certified as of a then current date by public office holders to the extent possible and otherwise by an officer of grantee.
(5) Each exhibit contained in Ordinance 982 is a part of the franchise and each is specifically incorporated herein by reference. The exhibits are as follows: Exhibit A, Constitutional Network Facilities Locations.
('77 Code, § 11.118) (Am. Ord. 982, passed 11-9-81; Am. Ord. 1202, passed 6-25-90)