(A) All applicants for a franchise hereunder, upon being designated a grantee, shall file with the Mayor or his or her appointee, within 30 days of the designation, written notice of both the application and addressee for mail and official notifications.
(B) All reports, filings, notifications, and official mail from any grantee hereunder to the city shall be forwarded to the attention of the Mayor.
(C) Anything contained herein to the contrary notwithstanding, the grantee of any franchise awarded hereunder shall not be required to take any action hereunder which shall be in violation of any statutes, ordinances, rules, or regulations promulgated by either a federal or state regulatory body having competent jurisdiction, and the grantee shall not be considered as having violated a provision of this chapter provided that he or she notifies the city of the conflict.
(D) The scope of any franchise granted hereunder shall be deemed amendable from time to time to allow the grantee to innovate and implement new services and developments to be implemented without the expressed prior approval of Council.
(E) The grantee of any franchise awarded hereunder shall at all times in the conduct of his or her business employ ordinary care and install and maintain in use commonly acceptable methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public in general.
(F) The grantee of any franchise awarded hereunder shall provide free of charge 1 connection and monthly service for public and nonprofit private schools, elementary and secondary schools, Police Department, Fire Department, Mayor's Office, County Library, Council Chambers, County Courthouse, Sheriff's Office, and other city buildings as the city may hereafter designate, provided that the designated locations are within 500 feet of any existing network cable. The grantee may charge for any excess footage on the basis of time and material for any locations beyond the 500 foot limitation if the connection is designated by the city. The city reserves the right at its expense to extend service to as many areas within school buildings and agencies as it deems desirable without payment of any fee to grantee.
(G) Anything contained herein to the contrary notwithstanding, the award of any franchise hereunder shall not impart to the grantee any right of property in or on the city-owned property.
(H) Anything contained herein to the contrary notwithstanding, all provisions of this chapter and any franchise granted hereto shall be binding upon the grantee, his or her successors, lessees, or assignees.
(I) All programs of broadcasting stations carried by the grantee shall be carried in their entirety as received by the grantee, with announcements and advertisements unaltered or substituted for and without additions except as permitted or required by the FCC or the provisions of § 111.05 (D).
(J) If during the term of any franchise granted hereunder the grantee receives a reduction in regulatory fees, the resultant savings shall be passed on to the subscriber on a prorated basis either in a lump sum payment or in the form of credits on monthly service charges.
(K) If the grantee should desire to connect other areas, cities, or communities to the Van Wert broadband telecommunications network, Council must approve such a request at least 60 days before the interconnections become effective.
(L) The grantee shall reimburse the city for the cost of the publication of this ordinance within 30 days after being billed by the city.
(1981 Code, § 111.29) (Ord. 5055-73, passed 5-14-1973)
Cross-reference:
Grant of franchise to Western Ohio Cablevision Inc., see T.S.O. V