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(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)
(a) The company shall maintain an office in the district for so long as it continues to operate the system or any portion thereof and hereby designates such office as the place where all notices, directions, orders, and requests may be served or delivered under the franchise agreement.
(b) The company shall keep complete and accurate books of account and records of its business and operations under and in connection with this franchise.
(c) The Director of Finance of the City of Mentor, or representative thereof, shall have access to all books of account and records of the company for the purpose of ascertaining the correctness of any and all reports and may examine its officers and employees under oath in respect thereto.
(d) Any false entry in the books of account or records of the company, or false statements in the reports to the Director of Finance of the City of Mentor as to a material fact, knowingly made by the company, shall constitute the breach of a material provision of the franchise agreement.
(e) All copyrights, franchises, contracts and/or legal agreements with program sources shall be filed with the City.
(f) All leased channel agreements shall be filed with the City.
(g) The grantee shall keep a record of installation of each subscriber terminal as per technical standards found in Section 76.605 of the F.C.C. Rules and Regulations and of all complaints from subscribers. The record shall identify the subscriber and his address, the location and date of his complaint, and a technician's report on the disposition of the complaint including the following items as applicable:
(1) Carrier levels at the service drop terminal.
(2) Carrier levels and carrier to noise ratio at the customer's receiving outlet, (Note: since interruption of service to other customers must be avoided, it is recognized these noise measurements may not be entirely accurate.)
(3) If the complaint is caused by defects in customer's TV set, including inadequate shielding or grounding, explain.
(4) If the complaint involves direct pick-up, describe tests to determine whether there is leakage into the cable system.
(5) Make and model and effectiveness of the antenna switch installed, if any.
(6) If the complaint involves visible crosshatch or herringbone interference, describe fully, including probable causes and corrective steps. (Note: such interference may also be present on signals received directly without cable.)
(7) Visual check for cross-modulation (without interrupting service to customers).
(8) Check for problems originating at the headset.
(9) Other relevant remarks, including corrective action taken.
Upon request of the City Manager, grantee shall, within ten (10) days after receiving such request, send a written report to Manager with respect to any complaint. Such report shall provide a full explanation of the investigation findings and corrective steps taken. When the complaint concerns technical performance, such report shall include the items listed above in 1 through 9, as applicable. (1969 Code 58.09)
(a) By its acceptance of a franchise, a grantee agrees that the City Council shall have the power, authority, and right to cause a grantee's rates and charges to conform to provisions hereof and for this purpose, the Council may deny increases or order reductions of such rates and charges when it determines that in the absence of such action on its part, a grantee's rates and charges or proposed rates and charges will not conform to the provisions contained herein.
(b) The rates and charges for television signals distributed hereinunder shall be fair, reasonable and non-discriminatory. A grantee shall be allowed to increase its rates if it can demonstrate to the Council's satisfaction that it cannot make a fair return on its investment without a rate increase.
(c) Unless and until otherwise changed by direction of Council, the rates for services and equipment hereinunder from and after July 15, 1985 shall be as follows:
LIMITED SERVICE | ||
INSTALLATION | MONTHLY | |
Basic service charge to each residential and commercial subscriber not covered else-where in this schedule | $100.00 | $3.00 |
Additional television outlets | $9.70 | $2.10 |
FM outlet installed with television outlet | $9.70 | $2.10 |
FM outlet installed alone | $14.00 | $2.10 |
Transfer charge | $9.70 | -- |
Relocation of outlet | $9.70 | -- |
Hotel/Motel per unit | N/A | N/A |
Buried service where present utilities are aerial | $0.30 per foot plus normal installation charge | |
Cold outlet | $ 21.00 | -- |
Optiona1 Digital Convertor | $ 9.70 | $2.75 |
Remote Wireless Convertor | -- | $3.95 |
MINI SERVICE | ||
INSTALLATION | MONTHLY | |
Basic service charge to each residential and commercial subscriber not covered else-where in this schedule | $ 14.00 | $6.75 |
Additional television outlets | $ 9.70 | $2.10 |
FM outlet installed with television outlet | $9.70 | $2.10 |
FM outlet installed alone | $14.00 | $2.10 |
Transfer charge | $9.70 | -- |
Relocation of outlet | $9.70 | -- |
Hotel/Motel per unit | Time and materials | $2.10 |
Buried service where present utilities are aerial | $0.30 per foot plus normal installation charge | -- |
Cold outlet | $ 21.00 | -- |
Optiona1 Digital Convertor | $ 9.70 | $2.75 |
BASIC SERVICE | ||
INSTALLATION | MONTHLY | |
Basic service charge to each residential and commercial subscriber not covered else-where in this schedule | $ 17.50 | $9.50 |
Additional television outlets | $ 14.00 | $3.45 |
FM outlet installed with television outlet | $ 14.00 | $2.10 |
FM outlet installed alone | $ 17.50 | $2.10 |
Transfer charge | $ 14.00 | -- |
Relocation of outlet | $ 14.00 | -- |
Hotel/Motel per unit | Time and materials | $3.45 |
Buried service where present utilities are aerial | $0.30 per foot plus normal installation charge | -- |
Cold Outlet | $ 21.00 | -- |
Optional Digital Convertor | $ 14.00 | $2.75 |
(d) No charge shall be made to the City for its use of City channels or for the construction and operation of the co-axial between the City studio and the CATV System headend, and under no circumstances shall the City be obligated to pay to a grantee any fee for services rendered to the City under the terms of the franchise.
(e) The City shall not grant the franchisee authority to increase rates and/or charges unless a public hearing is held with regard to said proposed increase in rates and/or charges, at which public hearing all interested parties shall be afforded due process.
(1969 Code 58.10)
The grantee shall file with the City Engineer true and accurate maps or plats of all existing and proposed installations including a flow chart showing a construction timetable and projected completion dates for part and/or the entire system.
The grantee shall make available to the City Manager, at his request, a current map or set of maps drawn to scale, showing all CATV system equipment installed and in place in streets and other public places of the City.
The grantee shall file annually with the City Clerk, not later than sixty (60) days after the end of the grantee's fiscal year, a copy of its report to its stockholders (if it prepares such a report), an income statement applicable to its operations during the preceding twelve (12) months period, a balance sheet, and a statement of its properties devoted to CATV operations, by categories, giving its investment in such properties on the basis of original cost, less applicable depreciation. These reports shall be prepared or approved by an independent certified public accountant and there shall be submitted along with them such other reasonable information as the City Council shall request with respect to the grantee's properties and expenses related to its CATV operations within the City. The grantee shall keep on file with the City Clerk a current list of its shareholders and bondholders.
(1969 Code 58.11)
(a) All transmission and distribution structures, lines and equipment erected by the company within the City shall be so located as to cause a minimum interference with the right or reasonable convenience of property owners who adjoin any of the said streets, alleys or other public ways and places.
(b) In case of any disturbance of pavement, sidewalk, driveway, or other surfaces, the company shall, at its own cost and expense and in a manner approved by the City, replace and restore all paving, sidewalk, driveway or surface of any street or alley disturbed, in as good condition as before said work was commenced.
(c) In the event at any time during the period of the franchise, the City shall lawfully elect to alter or change the grade of any street, alley or other public ways, the Company upon reasonable notice by the City, shall remove, reset, and relocate its poles, wires, cables, underground circuits, manholes and other fixtures at its own expense.
The company shall not place poles or other fixtures where the same will interfere with any gas, electric or telephone fixtures, water hydrants or mains and all such poles or other fixtures placed in any street shall be placed at the outer edge of the sidewalk and inside the curb line, or as otherwise designated by the City Engineer, and in such a manner as not to interfere with the usual travel on said streets, alleys and public ways. The company shall prior to the erection of any poles or structures in the streets of the City have approval, of both the location and type of structure to be erected, from the City. The company shall prior to the stringing of any wires across any roads, streets or avenues in the City (either overhead or underground), receive the approval from the City Engineer as to the location of any such installation.
(d) The company shall, on the request of any person holding a building moving permit issued by the City, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal, raising or lowering shall be paid by the person requesting the same, and the company shall have the authority to require such payment in advance. The company shall be given not less than forty-eight (48) hours advance notice to arrange for such temporary wire changes.
(e) The company shall have the authority to trim trees overhanging upon the streets, alleys, sidewalks and public places of the City so as to prevent the branches of such trees from coming in contact with the wires and cables of the company. All such trimming shall be done under the supervision and direction of the City and at the expense of the company.
(f) In areas of the City having telephone lines and electric utility lines underground, whether required by ordinance or not, the CATV franchisee's lines, cables and wire shall also be underground. It shall be the policy of the City that existing poles for electric and communication purposes shall be utilized wherever possible, and that underground installation, even when not required, is preferable to the placing of additional poles.
(g) Each CATV franchisee's distribution system in the public streets shall comply with all applicable laws, regulations and ordinances, and all its wires and cables suspended from poles in the streets shall comply with the minimum clearances above ground required for telephone lines, cables, wires and conduits.
(h) Any opening or obstructions in, or disturbances of the streets, public ways, or other municipal properties, made by the franchisee in the exercise of its rights under the franchise agreement, shall be guarded and protected at all times by the placement of adequate barriers, fences or boardings, the bounds of which during periods of dusk and darkness shall be clearly designated by adequate warning lights, all by the franchisee at its expense.
(1969 Code 58.12)
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