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(A) All transmission and distribution structures, lines, and equipment erected by the Grantee within the city shall be so located as to cause minimum interference with the rights and reasonable convenience of property owners who adjoin any of the streets.
(B) In case of disturbance of any street or paved area the Grantee shall, at its own cost and expense and in a manner reasonably approved by the city, replace and restore the street or paved area in as good a condition as before the work involving the disturbance was done.
(C) If at any time during the period of a franchise the city shall lawfully elect to alter or change the grade of any street, the Grantee, upon reasonable notice by the city, shall remove, relay, and relocate its poles, wires, cables, underground conduits, manholes, and other fixtures at its own expense.
(D) Any poles or other fixtures placed in or adjacent to any street by the Grantee shall be placed in such a manner as to comply with all requirements of the city.
(E) The Grantee shall, at the request of any person holding a moving permit issued by the city, temporarily raise or lower its wires to permit the moving of buildings. The expense of temporary removal or raising or lowering of wires shall be paid by the person requesting the same, and the Grantee shall have the authority to require payment in advance. The Grantee shall be given not less than 72 hours' notice to arrange for temporary wire changes.
(F) The Grantee may trim trees or other vegetation owned by the city or encroaching upon the public right-of-way to prevent their branches or leaves from touching or otherwise interfering with its wires, cables or other structures. All trimming or pruning shall be at the sole cost of the Grantee.
(G) In all sections of the city where the cables, wires, or other like facilities of public utilities are placed underground, the Grantee shall place its cables, wires, or other like facilities underground.
(H) At the expiration of the term for which the franchise is granted and absent its renewal, or upon its termination and cancellation, as provided for herein, the city shall have the right to require the Grantee to remove at its own expense all portions of the cable television system within the city.
(I) In using any easements, the Grantee shall ensure the following.
(1) That the safety, functioning and appearance of the property and convenience and the safety of other persons not be adversely affected by the installation or construction of facilities necessary for the cable television system.
(2) That the cost of the installation, construction, operation, or removal of any facilities be borne by the Grantee or a subscriber, or a combination of both.
(3) That the owner of property be justly compensated by the Grantee for any damages caused by the installation, construction, operation or removal of facilities by the Grantee.
(‘83 Code, § 123.11) (Ord. 82-036, passed 6-21-82; Am. Ord. 96-003, passed 4-1-96) Penalty, see § 121.99
(A) It shall be expressly understood and agreed by and between the city and any Grantee hereunder that the Grantee shall save the city and its agents and employees harmless from and against all claims, damages, losses, and expenses, including attorney's fees, sustained by the city on account of any suit, judgment, execution, claim, or demand whatsoever arising out of but not limited to copyright infringements and all other damages arising out of the installation, operation, or maintenance of the cable system authorized herein, whether or not any act or omission complained of is authorized, allowed, or prohibited by this subchapter and any franchise granted hereunder.
(B) The Grantee shall maintain and by its acceptance of the franchise specifically agrees that it will maintain throughout the terms of the franchise, liability insurance insuring the city and the Grantee in the minimum amount of $5,000,000.
(C) The insurance policy obtained by the Grantee in compliance with this section must be approved by the City Attorney, and the insurance policy, along with written evidence of payment of required premiums, shall be filed and maintained with the City Clerk during the term of the franchise. The Grantee shall immediately advise the City Attorney of any litigation that may develop that would affect this insurance.
(D) Neither the provisions of this section nor any damages recovered by the city thereunder shall be construed to or limit the liability of the Grantee under any franchise issued hereunder or for damages.
(E) All insurance policies maintained pursuant to this chapter shall contain the following endorsement.
It is hereby understood and agreed that this insurance policy may not be canceled by the surety, nor the intention not to renew be stated by the surety until 60 days after receipt by the city, by registered mail, of written notice of intention to cancel or not to renew.
(F) The preceding are minimum requirements and the insurance and indemnity terms of a franchise agreement with a Grantee shall control to the extent they are stricter or more detailed than the preceding.
(‘83 Code, § 123.12) (Ord. 82-036, passed 6-21-82; Am. Ord. 96-003, passed 4-1-96) Penalty, see § 121.99
(A) In accordance with the timing set forth in § 121.22(B), the Grantee shall deposit with the city a letter of credit from a financial institution in the amount of $50,000. The form and content of the letter of credit shall be reasonably approved by the City Attorney. The letter of credit shall be used to insure the faithful performance by the Grantee of all provisions of this franchise; and compliance with all orders, permits, and directions of any agency, commission, board, department, division, or office of the city having jurisdiction over its acts or defaults under this franchise; and the payment by the Grantee of any claims, liens, and taxes due the city which arise by reason of the construction, operation or maintenance of the system.
(B) The letter of credit shall be maintained at $50,000 during the entire term of this franchise, even if amounts have to be withdrawn pursuant to divisions (A) or (C) of this section
(C) If the Grantee fails to pay to the city any compensation within the time fixed herein, or fails, after ten days’ notice, to pay to the city any taxes due and unpaid, or fails to repay the city, within ten days, any damages, costs, or expenses which the city is compelled to pay by reason of any act or default of the Grantee in connection with this franchise, or fails, after three days’ notice of failure by the city to comply with any provision of this franchise which the city reasonably determines can be remedied by demand on the letter of credit, the city may immediately request payment of the amount thereof, with interest and any penalties, from the letter of credit. Upon request for payment, the city shall notify the Grantee of the amount and date thereof.
(D) The rights reserved to the city with respect to the letter of credit are in addition to all other rights of the city, whether reserved by this franchise or authorized by law, and no action, proceeding, or exercise of a right with respect to the letter of credit shall affect any other right the city may have.
(E) The letter of credit shall contain the following endorsement.
It is hereby understood and agreed that this letter of credit may not be canceled by the surety, nor the intention not to renew be stated by the surety until 60 days after receipt by the city, by registered mail, of written notice of intention to cancel or not to renew.
(‘83 Code, § 123.13) (Ord. 82-036, passed 6-21-82; Am. Ord. 96-003, passed 4-1-96) Penalty, see § 121.99
(A) (1) In accordance with the timing set forth in § 121.22(B), the Grantee shall obtain and maintain at its cost and expense, and file with the City Clerk, a corporate surety bond from a company authorized to do business in the state, and found acceptable by the City Attorney, in the amount of $200,000, to guarantee the timely construction and full activation of the cable television system.
(2) The bond shall provide, but not be limited to, the following condition. There shall be recoverable by the city, jointly and severally from the principal and surety, any and all damages, loss, or costs suffered by the city resulting from the failure of the Grantee to satisfactorily complete and fully activate the cable television system throughout the franchise area pursuant to the terms and conditions of this chapter.
(B) Any extension to the prescribed time limit must be authorized by the Council. The extension shall be authorized only when the Council finds that an extension is necessary and appropriate due to causes beyond the control of the Grantee.
(C) The construction bond shall be terminated only after the Council finds that the Grantee has satisfactorily completed all construction and activation of the cable television system pursuant to the terms and conditions of this chapter.
(D) The rights reserved to the city with respect to the construction bond are in addition to all other rights of the city, whether reserved by this chapter or authorized by law, and no action, proceeding, or exercise of a right with respect to the construction bond shall affect any other rights the city may have.
(E) The construction bond shall contain the following endorsement.
It is hereby understood and agreed that this bond may not be canceled by the surety, nor the intention not to renew be stated by the surety until 60 days after receipt by the city, by registered mall, of written notice of intent to cancel or not to renew.
(‘83 Code, § 123.14) (Ord. 82-036, passed 6-21-82; Am. Ord. 96-003, passed 4-1-96)
(A) The Grantee shall at all times comply with the customer service and consumer protection standards of this chapter, the Franchise Agreement and the Federal Communications Commission.
(B) The Grantee shall put, keep, and maintain all parts of the Cable Communications System in suitable condition throughout the entire franchise period.
(C) Upon termination of service to any subscriber, the Grantee shall promptly remove all its facilities and equipment from the premises of the subscriber upon the subscriber's request or the request of the owner of the premises, if different than the subscriber.
(D) The Grantee shall render efficient service, make repairs promptly, and interrupt service only for good cause and for the shortest possible time.
(E) The Grantee shall not allow its cable or other operations to interfere with television reception of persons not served by Grantee, nor shall the system interfere with, obstruct, or hinder in any manner, the operation of the various utilities serving the residents of the city.
(‘83 Code, § 123.15) (Ord. 82-036, passed 6-21-82; Am. Ord. 96-003, passed 4-1-96) Penalty, see § 121.99
(A) (1) It shall be the right of all subscribers to continue receiving service insofar as their financial and other obligations to the Grantee are honored. In the event that the Grantee elects to overbuild, rebuild, modify, or sell the system, or the city gives notice of intent to terminate or fails to renew this franchise, the Grantee shall act so as to insure that all subscribers receive continuous, uninterrupted services regardless of the circumstances.
(2) In the event of a change of franchisee, or in the event a new operator acquires the system, the Grantee shall cooperate with the city, new franchisee, or operator in maintaining continuity of service to all subscribers. During this period, the Grantee shall be entitled to the revenues for any period
during which it operates the system, and shall be entitled to reasonable costs for its services when it no longer operates the system.
(B) In the event the Grantee fails to operate the system for four consecutive days without prior approval of the city or without just cause, the city may, at its option, operate the system or designate an operator until such time as the Grantee restores service under conditions acceptable to the city, or a permanent operator is selected. If the city is required to fulfill this obligation for the Grantee, the Grantee shall reimburse the city for all reasonable costs or damages in excess of revenues from the system received by the city that are the result of the Grantee's failure to perform.
(‘83 Code, § 123.16) (Ord. 82-036, passed 6-21-82; Am. Ord. 96-003, passed 4-1-96) Penalty, see § 121.99
(A) The City Manager is specified by the city as having primary responsibility for the continuing administration of the franchise and implementation of complaint procedures.
(B) The Grantee shall maintain an office or location in the city for the payment of bills , which shall be open during all usual business hours. In addition, the Grantee shall have a publicly listed telephone, and be so operated that complaints and requests for repairs or adjustments may be received on a 24-hour basis.
(C) The Grantee shall maintain a repair and maintenance crew capable of responding to subscriber complaints or requests for service within 24 hours after receipt of the complaint or request.
(D) The Grantee shall establish procedures for receiving, acting upon, and resolving subscriber complaints to the reasonable satisfaction of the City Manager. The Grantee shall furnish a notice of these procedures to each subscriber at the time of initial subscription to the system.
(E) In the event that a subscriber complaint is not resolved to the mutual satisfaction of the subscriber or the Grantee, either the subscriber or the Grantee may request that the matter be presented to the Council or to a body designated by the Council for a hearing and resolution.
(F) When there have been similar complaints made or when there exists other evidence, which, in the judgment of the Council, casts doubt on the reliability or quality of cable service, the Council shall have the right and authority to compel the Grantee to test, analyze, and report on the performance of the System. The report shall be delivered to the Council no later than 14 days after the Council formally notifies the Grantee, and shall include the nature of the complaints which precipitated the special tests; what system component was tested, the equipment used, and procedures employed in testing; the results of the tests; and the method in which the complaints were resolved.
(G) Tests and analyses shall be supervised by a professional engineer not on the permanent staff of the company. The costs of these tests shall be paid for by the Grantee, but the engineer shall be acting under the direction of the city. The aforesaid engineer should sign all records of the special tests and
forward to the Council the records with a report interpreting the results of the tests and recommending actions to be taken by the city.
(‘83 Code, § 123.17) (Ord. 82-036, passed 6-21-82; Am. Ord. 96-003, passed 4-1-96) Penalty, see § 121.99
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