(A) The city may conduct periodic performance evaluations of a franchisee as the city determines to be necessary. A franchisee shall cooperate with these evaluations reasonably and in good faith. If the city implements a survey of cable subscribers in connection with a performance evaluation, the city may require a franchisee to distribute the city's questionnaire to its subscribers. Upon reimbursement of the city's copying costs, the franchisee may receive copies of all responses.
(B) All written correspondence required by this subchapter between the city and a franchisee shall be delivered via hand delivery via overnight courier, or certified mail. Notice to the franchisee shall be deemed effective upon receipt. Notice to the city shall be effective upon receipt by the City Manager and the Mayor of the city.
(C) In the event a franchisee's performance of or compliance with any of the provisions of this subchapter or a franchise agreement is prevented by a cause or event not within the franchisee's control, such inability to perform or comply shall be deemed excused and no penalties or sanctions shall be imposed as a result thereof, provided, however, that the franchisee uses all practicable means to cure or correct expeditiously any such inability to perform or comply. For purposes of this subchapter and any franchise agreement, causes or events not within a franchisee's control shall include, without limitation, acts of God, floods, earthquakes, landslides, hurricanes, fires and other natural disasters, acts of public enemies, riots or civil disturbances, sabotage, and strikes and restraints imposed by order of a governmental agency or court. Causes or events within the franchisee's control, and thus not falling within this section, shall include, without limitation, the franchisee's financial inability to perform or comply, economic hardship, and misfeasance, malfeasance, or nonfeasance by any of the franchisee's directors, officers, employees, contractors, or agents.
(Ord. 1406, passed 5-15-02)