(A) The term of this franchise shall be 15 years from the effective date of this chapter. The rights and privileges granted by this chapter to the operator are not exclusive and nothing herein is intended to or shall be construed so as to prevent the city from granting other and similar rights, privileges and franchises to any other person, firm, association or corporation, provided, however, that such rights, privileges and franchises are no more favorable than those granted to the operator herein.
(B) The city and franchisee acknowledge and agree that the field of cable television is a rapidly changing one which may see many regulatory, technical, financial, marketing and legal changes during the term of this franchise. Therefore, in order to provide for the maximum degree of flexibility in the franchise and to achieve a continued, advanced and modern cable television system, the following evaluation provisions will apply:
(1) The city and franchisee mutually agree to participate in evaluation sessions at any time and from time to time during the term of this franchise; provided, however, there shall not be more than one evaluation session every five years;
(2) Topics which may be discussed at any evaluation session include, but are not limited to, channel capacity, system performance, programming, PEG access, municipal or educational uses of the system, subscriber complaints, judicial rulings and any other topics the city or franchisee may deem relevant;
(3) During an evaluation session, Franchisee and the city shall fully cooperate with one another and shall provide without cost such information and documents as are reasonably necessary to perform the evaluation;
(4) The city and franchisee, as the result of an evaluation session, may determine that an amendment of the terms or conditions of the franchise may be appropriate, that the requirements of the system or of the franchise should be updated, changed or revised (collectively the "Proposed Modification"). If the proposed modification is consistent with the terms of this franchise, the needs of the city, the then existing state-of-the-art technology and financially reasonable, franchisee and the city will, in good faith, review the terms of the proposed modification and consider amending the franchise.
(Ord. O-19-08, passed 11-11-08)