§ 121.16 CONTINUITY OF SERVICE REQUIRED.
   (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