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(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
(A) The Grantee shall fully cooperate in making available at reasonable times, and the City Clerk shall have the right on reasonable notice, to inspect the relevant records, maps, plans, and other like materials of the Grantee applicable to the cable television system, at any time during normal business hours; provided where volume and convenience necessitate, the Grantee may require the inspection to take place on the Grantee’s premises. (‘83 Code, § 123.18)
(B) Copies of all petitions, applications, communications, and reports submitted by the Grantee to the Federal Communications Commission, Securities and Exchange Commission, or any other federal or state regulatory commission or agency having jurisdiction in respect to any matters affecting cable television operations authorized pursuant to the franchise, shall be provided to the city upon request.
(‘83 Code, § 123.19)
(Ord. 82-036, passed 6-21-82; Am. Ord. 96-003, passed 4-1-96) Penalty, see § 121.99
The Grantee shall file annually with the City Clerk, no later than 120 days after the end of the Grantee's fiscal year, a copy of a financial report applicable to the Garden City Cable Television System, including a detailed statement of gross revenues applicable to its operations during the preceding 12-month period. These reports shall be certified as correct by an authorized officer of the Grantee and there shall be submitted along with them any other reasonable information as the City Manager shall request with respect to the Grantee's revenues and properties related to its cable television system operations within the city.
(‘83 Code, § 123.20) (Ord. 82-036, passed 6-21-82; Am. Ord. 96-003, passed 4-1-96) Penalty, see § 121.99
(A) In addition to all other rights and powers retained by the city under this franchise or otherwise, the city reserves the right to forfeit and terminate the franchise and all rights and privileges of the Grantee hereunder in the event of a substantial breach of its material terms and conditions. A substantial breach by the Grantee shall include, but shall not be limited to the following.
(1) Violation of any material provision of the franchise or any material rule, order, regulation, or determination of the city made pursuant to the franchise.
(2) Attempt to evade any material provision of the franchise or practices any fraud or deceit upon the city or its subscribers.
(3) Failure to begin or complete the system construction or system extension as provided under the franchise.
(4) Failure to provide the types of services promised herein.
(5) Failure to restore service after 96 consecutive hours of interrupted service, except when approval of interruption is obtained from the city.
(6) Misrepresentation of material fact in the application for or negotiation of the franchise.
(B) The foregoing shall not constitute a major breach if the violation occurs but it is without fault of the Grantee or occurs as a result of circumstances beyond its control. The Grantee shall not be excused by mere economic hardship nor by misfeasance or malfeasance of its directors, officers, or employees.
(C) The city may make a written demand that the Grantee comply with any provision, rule, order, or determination under or pursuant to this franchise. If the violation by the Grantee continues for a period of 30 days following a written demand without written proof that the corrective action has been taken or is being actively and expeditiously pursued, the issue of termination of the franchise shall be brought before the Council. At least 20 days prior to the date of such a Council meeting, a written notice of intent to request termination and the time and place of the meeting shall be served upon the Grantee. Public notice shall be given of the meeting and issue which the Council is to consider.
(D) The Council shall hear and consider the issue and shall hear any person interested therein, and shall determine in its discretion, whether or not any violation by the Grantee has occurred.
(E) If the Council shall determine the violation by the Grantee was the fault of the Grantee and within its control, the Council may, by resolution, declare that the franchise of the Grantee shall be forfeited and terminated unless there is compliance within a period as the Council may fix, the period not to be less than 60 days, provided no opportunity for compliance need be granted for fraud or misrepresentation.
(F) The issue of forfeiture and termination shall automatically be placed upon the Council agenda at the expiration of the time set by it for compliance. The Council then may terminate the franchise forthwith upon finding that the Grantee has failed to achieve compliance or may further extend the period, in its discretion.
(‘83 Code, § 123.21) (Ord. 82-036, passed 6-21-82; Am. Ord. 96-003, passed 4-1-96) Penalty, see § 121.99
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