(A) Necessity of franchise. Except as provided in division (B) of this section, no person or cable operator shall operate or maintain a cable system without having first obtained a franchise and entered into a franchise agreement with the city.
(B) Municipal cable system. Should the city directly or indirectly purchase, acquire, construct, lease, control, or otherwise own a cable system within the territorial limits of the city, then the city shall not be required to submit an application for or receive a franchise in order to construct, operate, and maintain a cable system within the territorial limits of the city.
(C) Contravention of franchise; costs of litigation. A material breach by the franchisee of the franchise agreement, in addition to constituting a breach of contract, shall constitute a violation of this chapter. The cost of any litigation or other action incurred by the city to enforce this chapter or franchise agreement, or in relation to the cancellation or termination of a franchise, shall be reimbursed to the city by the affected franchisee if the city prevails in the litigation or action. The costs shall include, but not be limited to, filing fees, costs of depositions, discovery, and expert witnesses, all other expenses of suit, and reasonable attorney’s fees.
(Ord. 96-9, passed 2-26-1996)