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Mentor Overview
Codified Ordinances of Mentor, OH
CODIFIED ORDINANCES
CERTIFICATION
ADOPTING ORDINANCE NO. 07-O-49
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
CHARTER OF MENTOR, OHIO
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
TITLE ONE - Streets and Sidewalk Areas
TITLE THREE - Utilities
TITLE FIVE - Other Public Services
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
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961.25 OPEN ACCESS.
   The entire system of the franchisee shall be operated in a manner consistent with the principle of fairness and equal accessibility of its facilities, equipment, channels, studios, and other services to all citizens, businesses, public agencies, or other entities having a legitimate use for the system; and no one shall be arbitrarily excluded from its use; allocation of use of said facilities shall be made according to the rules or decisions of regulatory agencies affecting the same, and where such rules or decisions are not effective to resolve a dispute between conflicting users or potential users, the matter shall be submitted for resolution by the City. (1969 Code 58.26)
961.26 RESTRICTIONS AGAINST ASSIGNMENT.
   (a)    The franchise shall not be assigned or transferred whether in whole or in part or leased, sub-let or mortgaged in any manner, nor shall title thereto, either legal or equitable, or any right, interest, or property therein, pass to or vest in any person either by the act of a grantee or by operation of law without the consent of the City Council. The granting, giving or waiving of any one or more of such consents shall not render unnecessary any subsequent consent or consents.
   (b)    Prior approval of the Council shall be required where ownership or control of more than 10% of the right of control of grantee is acquired by a person or group of persons acting in concert or corporation, none of whom already own or control 10% or more of such right of control, singularly or collectively at the date the franchise is granted. By its acceptance of the franchise, a grantee specifically agrees that any such acquisition occurring without prior approval of the Council shall constitute a violation of this chapter by grantee.
   (c)    Nothing in this section shall be deemed to prohibit a mortgage or pledge of the CATV system equipment or any part thereof or a leasing by a grantee from another person of said CATV system equipment or part thereof for financing purposes or otherwise. Any such mortgage, pledge, or lease shall be made only with the prior approval of the Council and shall be subject and subordinate to the rights of the City under this franchise agreement or applicable law.
(1969 Code 58.27)
961.27 PREFERENTIAL OR DISCRIMINATORY PRACTICE PROHIBITED.
   A grantee shall not as to rates, charges, service facilities, rules and regulations or any other respect make or grant any undue preference or advantage to any person or subject any person to any undue prejudice or disadvantage, provided, however, connection and service charges may be waived or modified during promotional campaigns of grantee.
(1969 Code 58.28)
961.28 RESTRICTIONS ON FRANCHISE.
   All franchises granted pursuant to this chapter shall be subject to the following provisions and any franchise granted hereunder shall be subject to the right of the City to:
    (a)    Repeal the same for misuse, non-use, or the failure to comply with the provisions of this chapter or any other local, state or federal laws, or F.C.C. rules or regulations.
   (b)    Establish reasonable standards of service and quality of production and to prevent unjust discrimination in service or rates.
   (c)    Require continuous and uninterrupted service to the public in accordance with the terms of the franchise throughout the entire period thereof.
   (d)    Impose such other regulations as may be determined by the Council to be conducive to the safety, welfare and accommodations of the public.
   (e)    Install and maintain without charge, its own equipment upon the franchisee's poles, including, but not limited to equipment for a police alarm system, upon the condition that said equipment shall not interfere with the operations of the franchisee. (1969 Code 58.29)
961.29 REVOCATION OF FRANCHISE.
   (a)    In addition to all of the rights and powers reserved or pertaining to the City, the City reserves as an additional and as a separate and distinct power, the right to terminate the franchise and all rights and privileges of a grantee hereunder in any of the following events or for any of the following reasons:
       (1)    A grantee shall by act or omission violate any term or condition of this chapter and shall within thirty (30) days following written demand by the City to effect such compliance fail to do so.
      (2)    Any provision of this chapter that shall be finally adjudged by a court of law invalid or unenforceable and Council further finds that such provision constitutes at that time a consideration material to the continuance of the franchise herein granted.
      (3)    Grantee becomes insolvent, unable, or unwilling to pay its debts or is adjudged a bankrupt or if all or part of grantee's facilities should be sold under an instrument to secure a debt and are not redeemable by grantee within thirty (30) days from said sale.
      (4)    A grantee attempts to or does practice any fraud or deceit in its conduct or relations under the franchise with the City or subscribers or potential subscribers.
   (b)    No revocations shall be effected unless or until the City Council shall have adopted an ordinance setting forth the causes and reasons for the revocation and the effective date thereof. Such ordinance shall not be adopted without thirty (30) days notice prior thereof to a grantee and an opportunity for a grantee to be heard upon the proposed action of said proposed ordinance. In the event the revocation and said ordinance depends upon a finding of fact, such finding of fact as made by the City Council after the hearing provided for shall be conclusive.
(1969 Code 58.30)
961.30 CONDEMNATION.
   Nothing in this chapter shall limit the right of the City in the manner provided by law, to acquire by condemnation or otherwise, any property of the grantee.
(1969 Code 58.31)
961.31 SALE, REPAIR OR INSTALLMENT OF TELEVISION SETS BY GRANTEE PROHIBITED.
   Neither a grantee nor any shareholder or employee of a grantee shall engage in the business of selling, repairing, or installing television sets within the City during the term of the franchise. (1969 Code 58.32)
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