(A) If a renewal of this franchise is denied or the franchise is revoked for cause pursuant to the appropriate provision of this chapter and the government acquires ownership of the cable system any such acquisition shall be at fair market value determined on the basis of the cable system valued as a going concern, but excluding any valuation being made for "goodwill" or any right or privilege granted by this chapter.
(B) If a renewal of this franchise is denied or the franchise is revoked for cause pursuant to the appropriate provisions of this chapter and the government effects a transfer of ownership of they system to another person any such transfer shall be at a fair market value, determined on the basis of the cable system valued as a going concern, which shall include the original cost of all tangible and intangible property, and which shall take into consideration salvage value, book value, replacement cost, cash flow, and other factors.
(C) It shall be the right of all subscribers to receive all available services 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 Council terminates this franchise, or the City Council elects to purchase the system, the Grantee shall ensure that all subscribers receive continuous, uninterrupted service regardless of the circumstances.
(D) The right is hereby reserved to the government to adopt, in addition to the provisions contained herein and in existing applicable chapters, such additional regulations as it shall find necessary in exercise of the police power.
(E) Upon twenty (20) days written notice, the government shall have the right to inspect during normal business hours the books, records, maps, plans, income tax returns, and other like materials of the grantee for its five (5) most recent years of operation.
(F) The government shall have the right, during the life of the franchise, to install and maintain free of charge upon the poles of the grantee any wire and pole fixtures necessary for a police and fire alarm system, on the conditions that such wire and pole fixtures do not interfere with the cable television operations of the grantee, and are installed and maintained in accordance with the National Safety Code, and that the government pay all "make ready" charges associated therewith.
(G) The government shall have the right to make such inspections it shall find necessary to ensure compliance with the terms of the franchise and other pertinent provisions of law.
(H) Upon termination and cancellation of the franchise granted hereunder, as provided for herein, the government shall have the right to require the grantee to remove at its own expense all portions of the cable television system from all roads within the confines of the city.
(I) In the event the grantee fails to operate the cable television system for five (5) consecutive days without prior approval of the government, except for strikes, acts of God, or other circumstances beyond the control of the grantee, the government, its agent or contractor, shall have the right to operate the cable television system until such time that the grantee again operates the system or until a new operator is selected, in the event of revocation. If the government is required to fulfill this obligation for the grantee, the grantee shall reimburse the government for all costs or damages that are the result of the grantee's failure to perform.
(Ord. 1999-13, passed 11-8-99)