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(a) Any agreements or licenses pertaining to telecommunication services in effect prior to the enactment of this ordinance shall take precedence over and supersede the provisions in this section with respect to the specific services covered by any such agreements or licenses. Upon the expiration of such licenses or agreements, the operators of such systems shall immediately comply with the provisions of this chapter.
(b) For those licenses or agreements which have no termination date, the provisions of this chapter shall take effect on January 1, 1995 and the operators of telecommunication systems under such licenses or agreements shall obtain permits for their existing systems.
(Ord. 662-94. Passed 11-29-94.)
Each provider granted a permit for cable television service in the City shall provide at its sole expense to each public and parochial school accredited by the State of Ohio, including colleges and universities, located within one cable mile of its facilities, one free cable television service outlet at the most popular service level provided that the cost of construction is not more than fifty percent (50%) greater than permittee's average cost of construction. In addition, the permittee shall furnish to the City without charge such connections as may be required, not to exceed three, for regulation and supervision of the permittee's services, and shall provide without charge monthly service thereafter, provided that such connections are located in public buildings in areas being served by the permittee.
(Ord. 398-97. Passed 6-24-97.)
The permittee shall maintain books, records, maps, documents and other evidence directly pertinent to its gross revenues and calculation of payments to the City in accordance with generally accepted accounting principles. The City or its designated agents shall have access to such books, records, maps, documents and other evidence for inspection, and audit to the extent necessary to determine compliance with the terms of the permit and this chapter. Within one hundred twenty (120) days after the end of the calendar year, permittee shall provide the City with access to audited financial statements for the previous calendar year verifying gross revenues. The City or its designated agents shall not require the production of any documents which contain trade secrets, proprietary information or confidential financial information unless such information is related to determining compliance with the permit and this chapter. In such instance, the City and the permittee shall take reasonable steps to protect the confidentiality of such information.
(Ord. 398-97. Passed 6-24-97.)
The permittee shall indemnify, protect and hold harmless the City from any claim, loss or damage arising from the construction, operation or maintenance of permittee's telecommunication system or from any negligent or wrongful act or omission committed by permittee.
(Ord. 662-94. Passed 11-29-94.)
The permittee shall maintain public liability and property damage insurance in an amount of not less than $1,000,000 for personal injury to each person, $1,000,000 for each occurrence, and $1,000,000 for each occurrence involving property damages, plus the costs of defense; or a combined single limit policy of not less than $5,000,000 covering all claims plus the costs of defense. The policy shall name the City as an insured and shall provide that the insurance shall not be canceled or materially altered without thirty (30) days written notice first being given the City. A copy of the policy shall be deposited with and kept on file in the office of the Public Service Director.
(Ord. 662-94. Passed 11-29-94.)
In the event permittee intends to discontinue use of its telecommunication system within all or a part of the City, permittee shall submit a notice to the Department of Public Service describing the portion of the telecommunication system to be discontinued and the date of discontinuance. The permittee may remove or secure the facility or request that the City permit it to remain in place. Upon providing the City with said notice of abandonment, ownership of such abandoned part of the system shall, at the City's option, pass to the City without the need to pay compensation to the permittee.
(Ord. 662-94. Passed 11-29-94.)
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