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(a) A non-exclusive franchise to construct, operate and maintain a CATV system within all or any portion of the City may be granted by the Council to any person, whether operating under an existing franchise or not, offering to furnish and provide such system under and pursuant to the terms and provisions of this chapter. No provision of this chapter shall be deemed or construed to require the granting of a franchise when in the opinion of the Council it is in the public interest not to grant the franchise, or to restrict the number of grantees to one or more. (1969 Code 58.03)
(b) Any person, firm or corporation desiring to operate a community antenna television system within the City shall not do so unless and until a franchise or license for such operation shall have been obtained pursuant to law.
(1969 Code 114.20)
(a) The Council shall prescribe all procedures for the submission of applications for a franchise under this chapter.
(b) The Council shall require such information from the applicant as required by this chapter and may include such additional or different conditions, limitations, or restrictions in the franchise as it may deem advisable. Nothing contained herein shall be construed to prohibit such additional or different requirements, conditions, limitations or restrictions.
(c) The franchise application shall be submitted in writing and shall contain the following information together with such additional information as may be required by the Council:
(1) The names, home addresses, principal occupations, and business addresses of all persons having an ownership interest in the applicant;
(2) The name in which applicant will conduct business in the City of Mentor;
(3) The names of all parent or subsidiary companies of the applicant, together with the names, home addresses, principal occupations and business address of all persons who are officers or directors of such parent or subsidiary companies;
(4) The address of the applicant's principal office;
(5) Applications are to be signed by applicant only, if an individual, or if a partnership it shall include all parties involved; and if a corporation or other legal entity it shall be signed by the chief executive officer;
(6) A processing fee of $100.00 shall be submitted with each application. Said fee is non-refundable;
(7) A description of prior experience, if any; applicant's officers and directors in the operation, including any disciplinary action of any nature imposed by a court or governmental agency relating to CATV operations;
(8) A balance sheet of the applicant, dated no earlier than ninety (90) days proceeding the date of application; certified by an independent certified public accountant. If applicant is a partnership, copies of each general partner's balance sheet, each certified by an independent certified public accountant.
(9) Applicant must be qualified to do business in the State of Ohio, and the name and address of a resident agent or any attorney-in-fact upon whom service of process may be made in the State of Ohio must be furnished;
(10) A statement of all rates proposed to be charged for all services to be offered by applicant;
(11) The applicant shall furnish information as to the programming services and public services which it shall propose to provide, and certificate of approval from all stations to be carried by grantee;
(12) The applicant shall also furnish information in the form of a proposal as to the following:
A. The off air signals to be carried initially.
B. The number of channels offered and the potential for diversified services to local government and local commercial interests.
C. The cost estimates of development, installation and system maintenance.
(d) If any information in an application becomes inaccurate, applicant has ten (10) days from the date such information becomes inaccurate to furnish the Council with the corrected information. (1969 Code 58.04)
(a) The grantee shall indemnify and save harmless the City, its officers and employees from and against any and all injury, loss, damage, costs, expenses, claims, attorneys' fees, demands, actions, suits, judgments or other proceedings, or liability, including but not limited to any liability for inverse condemnation or for failure to secure consents for programs delivered by the grantee's CATV system, arising out of or in any way connected with the grant; exercise or enjoyment of grantee's franchise, and regardless of any negligence or other acts or omissions on the part of the City, its officers and employees.
(b) The grantee shall, at all times during the existence of any franchise granted hereunder, maintain in full force and affect, at its own cost and expense, a general comprehensive liability insurance policy protecting the City and all persons against liability for loss or damage for personal injury, death and property damage, occasioned by the operations of grantee under this chapter and any franchise granted hereunder, with minimum liability limits of:
Five hundred thousand dollars ($500,000.00) for personal injury or death of any one person, and;
One million dollars ($1,000,000.00) for personal injury or death of two or more persons in any one occurrence, and;
One hundred thousand dollars ($100,000.00) for damage to property resulting from any one occurrence.
The grantee shall, concurrently with the filing of an acceptance of award of franchise granted under this chapter, file with the City Clerk either a copy of such policy or a certificate of insurance evidencing the same in a form satisfactory to the Law Director. Such policy of insurance, and any certificate evidencing the same, shall name the City, its officers and employees as additional insured, and shall also provide that thirty (30) days prior written notice of intention not to renew, cancellation, or material change, be given to the City.
(1969 Code 58.06)
The grantee shall pay to the City, on or before March 31 of each year, a franchise fee based on gross subscriber revenues received for CATV operations in the City for the preceding calendar year. The franchise fee shall be in the amount of three percent (3%) from the effective date of this chapter through September 30, 1985; four percent (4%) from October 1, 1985 through August 31, 1986; and five percent (5%) thereafter.
(a) A grantee shall also file within ninety (90) days following the conclusion of each fiscal year of a grantee an annual report prepared and audited by an independent certified public accountant acceptable to the City showing the yearly total gross subscriber revenues and payments to the City and any further relevant financial information in regard to the company as may be required by the City.
(b) In the event the franchise should be terminated or forfeited prior to the end of the term, grantee shall immediately submit to the City a financial statement prepared as before required, showing the gross subscriber revenues of grantee for the time elapsed since the last period for which grantee has paid to the City the required percentage of gross annual subscriber revenues, and grantee shall pay to the City not later than thirty (30) days following the termination of the franchise, a like percentage of such revenues and any other sums legally due and owing to the City.
(c) In the event that any payment is not made on or before the applicable date fixed in subsections (a) and (b) hereof, interest on such payments shall apply from such date at the yearly rate of 8%. Provided, however, that if any payment is more than sixty (60) days overdue, the City shall have the option to revoke upon thirty (30) days notice in writing.
(d) The City shall have the right to inspect grantee's records showing the gross receipts from which its franchise payments are computed and shall have the right of audit and recomputation of any and all amounts paid under the franchise. No acceptance of any payment by the City shall be construed a release of or an accord or satisfaction of any claim the City might have for further or additional sums payable under the terms of this chapter or for any other performance or obligation of grantee hereunder.
(e) Payments of compensation made by grantee to the City pursuant to the provisions of this chapter shall not be considered in the nature of a tax but shall be in addition to any and all taxes which are now or hereafter required to be paid by any law of the United States, the State of Ohio, or the City.
(1969 Code 58.07)
(a) Grantee shall maintain and by its acceptance of a franchise specifically agrees that it will maintain throughout the term of the franchise a faithful performance, license and franchise bond running in favor of the City, written by an approved corporate surety in the penal sum of $100,000 conditioned that a grantee shall well and truly observe, fulfill and perform each term and condition of the bond, the amount thereof shall be recoverable from the principal and sureties thereof for all damages resulting from the failure of a grantee to well and faithfully observe and perform any provision of the franchise or this chapter.
(b) Grantee shall pay all premiums chargeable for the bond and shall keep the same in force and effect at all times throughout the term of the franchise including the removal of all poles, wires, cables, underground conduits, manholes, and other conductors and fixtures incident to the maintenance and operation of the CATV system.
(c) The bond shall be in a form satisfactory to the City and filed with the City together with written evidence of payment of the required premiums shall be filed with the City during the term of the franchise.
(1969 Code 58.08)
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