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A grantee shall not be excused from complying with any of the terms and conditions of this chapter by any failure of the City upon any one or more occasions to insist upon or to seek compliance with any such terms or conditions.
(1969 Code 58.33)
Whenever the franchise shall set forth any time for any act to be performed by or on behalf of a grantee, such time shall be deemed of the essence and any failure of a grantee to perform within time allotted shall always be sufficient grounds for the City to revoke the franchise.
(1969 Code 58.34)
Without limitation upon the rights which the City might otherwise have, the City does hereby expressly reserve the following rights, powers and authorities:
(a) To exercise its governmental powers now or hereafter to the full extent that such powers may be vested in or granted to the said City.
(b) To determine through the Council any question of fact relating to the meaning, terms, obligations or other factors of the franchise or this chapter.
(1969 Code 58.35)
(a) Except as expressly provided in the franchise agreement, a grantee shall have no recourse whatsoever against the City for any loss, cost, or expenses or damages arising out of the provisions or requirements of the franchise or this chapter because of the enforcement thereof by the City, nor for the failure of the City to have the authority to grant all or any part of the franchise.
(b) A grantee expressly acknowledges that upon accepting a franchise, it does so relying upon its own investigation and understanding of the power and authority of the City to grant a franchise.
(c) A grantee by acceptance of a franchise acknowledges that it has not been induced into the franchise by any understanding or promise or other statement whether verbal or written by or on behalf of the City or by any other third person concerning any term or condition of the franchise not expressed herein.
(d) A grantee further acknowledges by acceptance of the franchise that it has carefully read the terms and conditions thereof and the terms and conditions of this chapter and is willing to and does accept all of the risks of the meaning of such terms and conditions and agrees that in the event of any ambiguity therein or in the event of any other dispute over the meaning thereof, the same shall be construed strictly against a grantee and in favor of the City. Grantee further acknowledges that a franchise is not exclusive.
(1969 Code 58.37)
Upon the annexation of any territory to the City of Mentor, a franchise granted pursuant to this chapter shall extend to the territory so annexed; and all facilities owned, maintained or operated by grantee, located within, under, or over streets of the territory so annexed shall thereafter be subject to all terms hereof.
(1969 Code 58.38)
A grantee shall not refuse to hire or employ, nor bar or discharge from employment, nor discriminate against any person in compensation or in terms, conditions, or privileges of employment because of sex, race, creed, color or national origin. A grantee shall take affirmative action to ensure that applicants are employed and that employees are treated during employment, without regard to their sex, race, creed, color or national origin. This requirement shall apply to, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection or training. (1969 Code 58.39)
(a) No person shall intercept or receive signals from a cable system unless specifically authorized to do so by the franchisee.
(b) No person shall tamper with, remove or injure any cable, wires or equipment used in conjunction with a cable system unless specifically authorized to do so by the franchisee.
(c) No person shall intentionally deprive the franchisee of a lawful charge for cable service.
(d) No person shall resell the franchisee's cable services without the franchisee's express written consent.
(e) Any person who violates subsections (a), (b), (c), or (d) of this section shall be guilty of a third degree misdemeanor and shall be fined not more than $500.00 and/or imprisoned for not more than sixty (60) days.
(1969 Code 58.40)
There is hereby established a Mentor Cable TV Commission which shall consist of seven (7) electors of the City of Mentor who shall serve without compensation and who shall be appointed by the President of Council, subject to confirmation by Council. Each member shall serve for a term of one (1) year.
The Mentor Cable TV Commission shall advise the Council of the City of Mentor in all matters relating to the construction, operation, maintenance and regulation of a Community Antennae Television System within the City of Mentor and in matters relating to the operation of franchises within the City.
The Commission may, from time to time, propose legislative changes to City Council in relation to the construction, operation, maintenance and regulation of a Community Antennae Television System within the City. The Commission shall also have whatever powers and duties as are hereinafter provided it by the Mentor City Council.
The Commission shall adopt its own rules and regulations including the manner of selection of a chairman and shall adopt its methods of procedure, except as may otherwise be provided by Council. (1969 Code 58.41)