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(A) Nothing herein shall be deemed or construed to impair or affect, in any way, to any extent, any right of the city to acquire the property of the grantee, either by purchase or through the exercise of eminent domain.
(B) The city hereby reserves the right to amend any section or part of this chapter.
(C) At all reasonable times, the grantee shall permit any duly authorized representative of the city:
(1) To examine any and all financial records maintained by or under the control of the grantee relating to all revenue obtained by it from its operations under the franchise;
(2) To inspect and obtain copies of any or all maps or other diagrams maintained by or under the control of the grantee showing the location and the layout of the various components of the CATV system operated by it under its permit; and/or
(3) To inspect any and all installations owned, maintained, or used by the grantee in its operations under its franchise including all towers, cables, and other components of the grantee’s CATV system.
(D) The grantee shall indemnify and save harmless the city, its officers, and its employees from and against any and all claims, demands, actions, suits, and proceedings by others, and against all liability to others, arising out of the exercise or enjoyment of its franchise, including, but not limited to, any liability for damages by reason of or arising out of any failure of the grantee to secure consents from the owners, authorized distributors, or licensees of programs to be delivered by the grantee’s CATV system, and against any loss, cost, expense, and damages resulting therefrom, including reasonable attorney’s fees.
(E) Concurrently with the filing of the written acceptance, as required in § 112.05, the grantee shall file with the City Clerk and at all times thereafter maintain in full force and effect for the term of the franchise or any renewal thereof, a good and sufficient liability insurance policy or policies, providing a minimum $300,000 coverage for personal injuries to each person; $500,000 coverage for all personal injuries in each accident; and $500,000 coverage for all property damage in each accident. The policy or policies shall name the city as an additional insured and shall be for the purpose of insuring the city against any damages to it and any and all legal liability, court costs, claim, or demand for personal injury, death, or property damage arising out of the operations of the grantee under this chapter or its franchise. Any coverage of the grantee in addition to the above minimum limits shall also name the city as an additional insured and/or beneficiary.
(F) Faithful performance bond.
(1) The grantee shall, concurrently with the effective date of the franchise ordinance, post with the city and at all times thereafter maintain in full force and effect for the term of the franchise or any renewal thereof, at the grantee’s sole cost and expense, a corporate surety bond issued by a responsible insurance company licensed to do business in the state and approved by the city in the amount of $50,000 for the first year of the franchise, and thereafter in the amount of $5,000, renewable annually, during the remaining years of the franchise, and conditioned upon the faithful performance of the grantee of all the provisions of the franchise agreement and this chapter and upon the further condition that in the event grantee shall fail to comply with any one or more of the provisions of the franchise agreement or this chapter, there shall be recoverable jointly and severally from the principal and surety of the bond any damages or loss suffered by the city as a result thereof, including the full amount of any compensation, indemnification, or cost of removal or abandonment of any property of the grantee as prescribed hereby plus a reasonable allowance for attorney’s fees and costs, up to the full amount of the bond, the condition to be a continuing obligation for the duration of the franchise and any renewal thereof and thereafter until the grantee has liquidated all of its obligations arising out of the acceptance of this franchise or renewal by the grantee or from the exercise of any privileges or right herein granted or the performance of any covenants or obligations imposed hereby.
(2) The bond shall provide that at least 30 days prior written notice of intention not to renew, cancellation, or material change be given to the city by filing the same with the City Clerk.
(Ord. 20, passed 8-5-1982)
(A) Unless otherwise limited by the franchise ordinance, the franchise area shall include the present corporate limits of the city and any area henceforth added thereto during the term of the franchise or any extension thereof, including territory annexed pursuant to “satellite” annexation authority. Neither the franchise ordinance nor this chapter shall affect the rights of any other cable television grantor holding a governmental franchise in an annexed area nor does the city guarantee that no such franchise operators shall exist in the annexed area.
(B) Subject to § 112.09(C), the grantee shall make cable television service available to all residents of the franchise area who apply therefore and are willing to pay the various service rates and installation and/or reconnection charges established by the grantee pursuant to the terms of the ordinance, the grantee’s application, and franchise ordinance.
(Ord. 20, passed 8-5-1982)
The grantee shall pay the city a sum of money which will reimburse all costs and expenses incurred by it in connection with preparation of this chapter, the franchise agreement, and the granting of a franchise, including, but not limited to, consultant fees, attorney’s fees, publication fees, travel expenses, and all other direct costs; provided, however, that the costs and expenses shall not exceed the sum of $2,500 and the city shall submit a detailed schedule of all such costs. The payment shall be made within 30 days after the city furnishes the grantee with a written statement of the expenses.
(Ord. 20, passed 8-5-1982)
(A) It shall be unlawful for any person, firm, or corporation to make any unauthorized connection, whether physically, acoustically, inductively, or otherwise, with any part of a franchised CATV system within the city for the purpose of taking or receiving television signals, radio signals, pictures, programs, sound, or any other signal of any description transmitted over the energized cable.
(B) It shall be unlawful for any person, firm, or corporation to make any unauthorized connection, whether physically, electrically, acoustically, inductively or otherwise, with any part of a franchised CATV system within the city for the purpose of enabling himself, herself, or others to receive any television signal, radio signal, picture, program sound, or any other signal of any description transmitted over the energized cable without payment to the owner of the system.
(C) It shall be unlawful for any person, without the consent of the owner, to willfully tamper with, remove, or injure any cables, wires, or equipment used for distribution of television signals, pictures, programs, sound, or any other signal of any description transmitted over the energized cable.
(Ord. 20, passed 8-5-1982) Penalty, see § 10.99