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A. Payment To City:
1. Grantee shall pay to the city an annual amount equal to five percent (5%) of grantee's gross revenues.
2. Payments due the city under this provision shall be computed at the end of each quarter-year. Payments shall be due and payable for each quarter or a portion of a quarter-year forty five (45) days from the end of the previous quarter. Each payment shall be accompanied by a brief report showing the basis for the computation and such other relevant facts as may be reasonably required by the city.
3. Subject to applicable local, state and federal law, no acceptance of any payment shall be construed as an accord that the amount paid is in fact the correct amount, nor shall such acceptance of payment be construed as a release of any claim the city may have for further or additional sums payable under the provisions of this franchise. All amounts paid shall be subject to audit and recomputation by the city. Notwithstanding the above, the period of limitation for recovery of any franchise fee payable hereunder shall be the applicable statute of limitations under Iowa law.
4. With each annual report required pursuant to subsection 3-7-8C of this chapter, grantee shall provide the city with a certification of the gross revenues for the prior calendar year prepared by an officer of grantee who is also a certified public accountant. This certification shall be used to determine the exact amount of payments due the city and to correct any overpayments or underpayments by grantee.
5. In the event any payment is not made on the due date, upon written notice from city, grantee shall have fifteen (15) days to cure said missing payment, or interest on the amount due shall accrue from such date at the annual rate of the prime rate plus one and one-half (11/2) percentage points at such prime rate as advertised by the Homeland Bank or other similarly situated financial institution should Homeland Bank no longer be in existence.
B. Not Franchise Fees:
1. Grantee expressly acknowledges and agrees that except for the payments expressly required by subsection A of this section, none of the payments or contributions made by, or the services, equipment, facilities, support, resources, or other activities to be provided or performed by grantee at the direction of the city or otherwise pursuant to this franchise, or otherwise in connection with the construction, operation, maintenance or upgrade of the cable system (including specifically, but not by way of limitation, such payments, contributions, services, equipment, facilities, support, resources or other activities as described in or provided for in this franchise and the exhibits hereto) are franchise fees chargeable against the compensation payments to be paid to the city by grantee pursuant to subsection A of this section.
2. Grantee expressly acknowledges and agrees that, as applicable, except for the compensation payments expressly required by subsection A of this section, each of the payments or contributions made by, or the services, equipment, facilities, support, resources or other activities to be provided by the grantee, are within the exclusions from the term "franchise fee" set forth in section 622(g)(2) of the Cable Act (47 USC section 542(g)(2)).
3. Grantee expressly acknowledges and agrees that the compensation payments due from the grantee to the city pursuant to subsection A of this section, shall take precedence over all other payments, contributions, services, equipment, facilities, support, resources or other activities to be paid or supplied by the grantee pursuant to this franchise, and the compensation and other payments to be made pursuant to subsection A of this section shall not be deemed to be in the nature of a tax, and shall be in addition to any and all taxes of general applicability or other fees or charges which the grantee shall be required to pay to the city or to any state or federal agency or authority, all of which shall be separate and distinct obligations of the grantee.
4. Grantee expressly acknowledges and agrees that the only credits or deductions from franchise fees will be made pursuant to the exclusions set forth in section 622(g)(2) of the Cable Act (47 USC section 542(g)(2)).
C. Performance Bond:
1. Within thirty (30) days of the effective date of the franchise, grantee shall furnish the city with a performance bond in the amount of ten thousand dollars ($10,000.00). The city expressly agrees to accept a guarantee in lieu of a bond in a form reasonably acceptable by the city attorney. The guarantee in lieu of bond is conditioned upon the faithful performance of grantee of all terms and conditions of this franchise. The rights reserved to the city with respect to the guarantee or other security are in addition to all other rights the city may have under the franchise or any other law.
2. The rights reserved by the city with respect to the guarantee are in addition to all other rights the city may have under the franchise or any other law.
D. Security Fund:
1. If this franchise is ever sold or transferred pursuant to subsection 3-7-12B of this chapter, the transferee shall provide and maintain through the remaining term of this franchise, a security fund in the sum of twenty five thousand dollars ($25,000.00) as common security for the faithful performance by it of all the provisions of this franchise and compliance with all orders, permits and directions of the city and the payment by grantee (transferee) of any claim, liens and taxes due the city which arise by reason of the construction, operation or maintenance of the cable system.
2. Provision shall be made to permit the city to draw from the security fund. Grantee (transferee) shall not use the security fund for other purposes and shall not assign, pledge or otherwise use this security fund as security for any purpose. The city reserves the right, in its sole discretion, to reduce the required amount of the security fund.
3. Within ten (10) days after notice to it that any amount has been withdrawn by the city from the security fund pursuant to subsection D1 of this section, grantee (transferee) shall take all necessary steps sufficient to restore such security fund to the required amount.
4. If grantee (transferee) fails to pay to the city any taxes due and unpaid; or fails to repay to the city, any damages, costs or expenses which the city shall be compelled to pay by reason of any act or default of the grantee (transferee) in connection with this franchise; or fails, after ten (10) days' notice of such failure by the city to comply with any provision of the franchise which the city reasonably determines can be remedied by an expenditure of the security, the city may then withdraw such funds from the security fund.
5. The written instrument evidencing the security fund shall be subject to the approval of the city and shall contain the following endorsement:
It is hereby understood and agreed that this security fund may not be canceled by the issuer, nor may the intention not to renew be stated by the issuer, until thirty (30) days after receipt by the city of a written notice stating such intention to cancel or not to renew.
E. Penalties From Security Fund: This subsection shall be applicable only if the security fund identified in subsection D of this section is triggered by a sale or transfer. In addition to any other remedies provided herein, civil penalties for violations of this franchise are set forth below. As a result of any acts or omissions by grantee (transferee) pursuant to the franchise, the city may charge to and collect from the security fund the following penalties:
1. For failure to complete the construction in accordance with the franchise unless the city approves the delay, the penalty shall be one hundred dollars ($100.00) per day for each day, or part thereof, such failure occurs or continues.
2. For repeated and wilful failure to provide data, documents, reports or information or to cooperate or participate with the city during a renewal process or the cable system review, the penalty shall be one hundred dollars ($100.00) per day.
3. For substantial failure to comply with any material provision of this franchise, for which a penalty is not otherwise specifically provided, the penalty shall be one hundred dollars ($100.00) per day.
4. For failure to test, analyze and report on the performance of the cable system following a request by the city, the penalty shall be one hundred dollars ($100.00) per day.
5. For failure of grantee (transferee) to comply with operation or maintenance standards, the penalty shall be one hundred dollars ($100.00) per day.
6. For failure to provide the services grantee (transferee) proposed, the penalty shall be one hundred dollars ($100.00) per day.
7. For failure to comply with all conditions of the city permits to disturb streets, fix streets, or other terms or conditions of the city, the penalty shall be one hundred dollars ($100.00) per day.
F. Procedure For Imposition Of Penalties:
1. This subsection shall be applicable only if the security fund identified in subsection D of this section is triggered by a sale or transfer. Whenever the city finds that grantee (transferee) has allegedly violated one or more terms, conditions or provisions of this franchise, a written notice shall be given to grantee (transferee). The written notice shall describe in reasonable detail the alleged violation so as to afford grantee (transferee) an opportunity to remedy the violation. Grantee (transferee) shall have ten (10) days subsequent to receipt of the notice in which to correct the violation before the city may resort to the security fund. Grantee (transferee) may, within five (5) days of receipt of notice, notify the city that there is a dispute as to whether a violation or failure has, in fact, occurred. Such notice by grantee (transferee) to the city shall specify with particularity the matters disputed by grantee (transferee) and shall stay the running of the above described time.
a. The city shall hear grantee's (transferee's) dispute at a regularly or specially scheduled meeting. Grantee (transferee) shall have the right to subpoena and cross-examine witnesses. The city shall determine if grantee (transferee) has committed a violation and shall make written findings of fact relative to its determination. If a violation is found, grantee (transferee) may petition for reconsideration.
b. If after hearing the dispute the claim is upheld by the city, grantee (transferee) shall have ten (10) days from such a determination to remedy the violation or failure. At any time after that ten (10) day period, the city may draw against the security fund all penalties due it.
2. The time for grantee (transferee) to correct any alleged violation may be extended by the city if the necessary action to correct the alleged violation is of such a nature or character to require more than ten (10) days within which to perform, provided grantee (transferee) commences the corrective action within the ten (10) day period and thereafter uses reasonable diligence, as determined by the city, to correct the violation.
3. The security fund deposited pursuant to this subsection shall become the property of the city in the event that the franchise is canceled by reason of the default of grantee (transferee) or revoked for cause. Grantee (transferee), however, shall be entitled to the return of such security fund, or portion thereof, as remains on deposit at the expiration of the term of the franchise.
4. The rights reserved to the city with respect to the security fund are in addition to all other rights of the city whether reserved by this franchise or authorized by law, and no action, proceeding or exercise of a right with respect to such security fund shall affect any other right the city may have.
5. The city shall stay or waive the imposition of any penalties set forth above upon a finding that any failure or delay is a result of an act of God or due to circumstances beyond the reasonable control of grantee (transferee).
G. Damages And Defense:
1. Grantee agrees to indemnify, save and hold harmless, and defend the city, its officers, boards and employees, from and against all claims, demands, costs, or liabilities of every kind and nature whatsoever arising out of the construction, maintenance and operation of grantee's cable system, including, but not limited to, any liability for damages and for any liability or claims resulting from property damage, bodily injury (including accidental death), copyright infringement, defamation, antitrust, errors and omission, theft, fire and all other damages which arise out of grantee's construction, operation or maintenance of the cable system, including, but not limited to, reasonable attorney fees and costs. Such indemnification shall extend during the entire term of the franchise. This indemnification shall exclude any damages or causes of action arising out of the city's unlawful, negligent or ultra vires acts.
2. In order for the city to assert its rights to be indemnified, defended, or held harmless, the city must:
a. Promptly notify grantee of any claim or legal proceeding which gives rise to such right;
b. Afford grantee the opportunity to participate in and fully control any compromise, settlement or other resolution or disposition of such claim or proceeding; and
c. Fully cooperate with the reasonable requests of grantee, at grantee's expense, in its participation in, and control, compromise, settlement or resolution or other disposition of such claim or proceeding subject to subsection G2b of this section.
3. In the event the city, in its sole discretion, determines that its interests cannot be represented in good faith by grantee, the city may, at its own cost, defend itself with regard to all damages and penalties mentioned in subsection G1 of this section.
H. Liability Insurance:
1. Grantee shall maintain, throughout the term of the franchise, comprehensive general liability insurance, naming the city as an additional insured in the minimum amounts of:
a. One million dollars ($1,000,000.00) for bodily injury or death to any one person;
b. Two million dollars ($2,000,000.00) for bodily injury or death resulting from any one accident;
c. Two million dollars ($2,000,000.00) for all other types of liability.
2. Within thirty (30) days of acceptance, grantee shall furnish to the city a certificate evidencing that a satisfactory insurance policy has been obtained. Said certificate shall demonstrate that the insurance provider holds a rating by Best of at least "A-". Said certificate shall also require that the city be notified thirty (30) days prior to any expiration or cancellation.
3. All insurance policies maintained pursuant to this subsection may not be canceled by the surety, nor may the intention not to renew be stated by the surety until thirty (30) days after receipt by the city, of a written notice of such intention to cancel or not to renew.
In addition, it shall be the obligation of the grantee promptly to notify the city of any pending or threatened litigation that would be likely to affect its insurance coverage.
I. City's Right To Revoke: In addition to all other rights which the city has pursuant to law or equity, the city reserves the right to revoke, terminate or cancel this franchise, and all rights and privileges pertaining thereto pursuant to subsection J of this section, in the event that:
1. Grantee substantially violates any material provision of this franchise; or
2. Grantee attempts to evade any of the provisions of the franchise and refuses to cure it; or
3. Grantee practices any fraud or deceit upon the city or subscriber; or
4. Grantee becomes insolvent, unable or unwilling to pay its debts, or is adjudged as bankrupt; or
5. Grantee materially misrepresents a material fact in the application for or negotiation of, or renegotiation of, or renewal of, the franchise.
J. Revocation Procedures: In the event that the city determines that grantee has substantially violated any material provision of the franchise, or any applicable federal, state or local law regarding the operation of the cable system, the city may make a written demand on grantee, stating the exact nature of the alleged violation, requiring that grantee remedy such violation and that continued violation may be cause for revocation. If the violation, breach, failure, refusal or neglect is not remedied to the satisfaction of the city within thirty (30) days following such demand, the city shall determine whether or not such violation, breach, failure, refusal or neglect by grantee is due to acts of God or other causes which result from circumstances beyond grantee's control.
1. A public hearing shall be held and grantee shall be provided with an opportunity to be heard upon fourteen (14) days' written notice to grantee of the time and the place of the hearing. The causes for pending revocation and the reasons alleged to constitute such cause shall be recited in the notice. Said notice shall affirmatively recite the causes that need to be shown by the city to support a revocation.
2. If notice is given and, at grantee's option, after a full public proceeding is held, the city determines there is a violation, breach, failure, refusal or neglect by grantee, the city shall direct grantee to correct or remedy the same within such reasonable additional time, in such manner and upon such reasonable terms and conditions as city may direct.
3. If, after a public hearing it is determined that grantee's performance of any of the terms, conditions, obligations or requirements of franchise was prevented or impaired due to any cause beyond its reasonable control or not reasonably foreseeable, such inability to perform shall be deemed to be excused and no penalties or sanctions shall be imposed as a result thereof, provided grantee has notified city in writing within thirty (30) days of its discovery of the occurrence of such an event. Such causes beyond grantee's reasonable control or not reasonably foreseeable shall include, but shall not be limited to, acts of God, civil emergencies and labor strikes.
4. If, after notice is given and, at grantee's option, a full public proceeding is held, the city determines there was a substantial violation, breach, failure, refusal or neglect, then the city may declare, by resolution, the franchise revoked and canceled and of no further force and effect unless there is compliance within such period as city may fix, such period not to be less than thirty (30) days, provided no opportunity for compliance need be granted for fraud, misrepresentation, or violation of privacy rights.
5. The issue of revocation shall automatically be placed upon the city council agenda at the expiration of the time set by it for compliance. The city then may terminate franchise forthwith upon finding that grantee has failed to achieve compliance or may further extend the period, in its discretion.
6. If the city, after notice is given and, at grantee's option, a full public proceeding is held and appeal is exhausted, declares the franchise breached, the parties may pursue their remedies pursuant to franchise or any other remedy, legal or equitable. Any decision by the city shall be subject to a de novo review by a court of competent jurisdiction.
K. Enforcement Of Franchise Provisions: In addition to any other remedies provided herein, the city may require grantee to appear before the city, or any designated entity, to address any alleged violations of the terms and provisions of this franchise. The city shall provide grantee fourteen (14) days' advanced written notice of such a meeting, which notice shall include a detailed description of any alleged violation. Grantee shall be prepared to explain the circumstances regarding such alleged violation, including any actions taken by grantee to cure such alleged violations or other relevant facts. If the city is dissatisfied with the responses received by grantee, it may exercise any other rights available to it under the terms and provisions of this franchise or applicable local, state and federal law. (Ord. 4154, 2-19-1996)
A. Foreclosure: Upon the foreclosure or other judicial sale of the cable system, grantee shall notify the city of such fact and such notification shall be treated as a notification that a change in control of grantee has taken place, and the provisions of this franchise governing the consent to transfer or change in ownership shall apply without regard to how such transfer or change in ownership occurred.
B. Receivership: The city shall have the right to cancel this franchise subject to any applicable provisions of state law, including the bankruptcy act, one hundred twenty (120) days after the appointment of a receiver or trustee to take over and conduct the business of grantee, whether in receivership, reorganization, bankruptcy or other action or proceeding, unless such receivership or trusteeship shall have been vacated prior to the expiration of said one hundred twenty (120) days, or unless:
1. Within one hundred twenty (120) days after his election or appointment, such receiver or trustee shall have fully complied with all the provisions of this franchise and remedied all defaults thereunder; and
2. Such receiver or trustee, within said one hundred twenty (120) days, shall have executed an agreement, duly approved by the court having jurisdiction in the premises, whereby such receiver or trustee assumes and agrees to be bound by each and every provision of this franchise.
C. Abandonment: Grantee may not abandon any aerial portion of the cable system thereof without having first given three (3) months' written notice to the city. Grantee may not abandon any aerial portion of the cable system without compensating the city for damages, if any, resulting from the abandonment. (Ord. 4154, 2-19-1996)
A. Removal After Revocation Or Expiration:
1. Subject to applicable federal, state and local law, at the expiration of the term for which the franchise is granted, and any removal thereof or upon its lawful revocation, as provided for, the city shall have the right to require grantee to remove, at grantee's expense, but in all cases grantee shall have the right to abandon underground cable, all or any portion of the cable system from all streets and public property within the city. In so removing the cable system, grantee shall refill and compact at its own expense, any excavation that shall be made and shall leave all streets, public property and private property in as good a condition as that prevailing prior to grantee's removal of the cable system, and without affecting, altering or disturbing in any way electric, telephone or utility, cable wires or attachments. The city, or its delegation, shall have the right to inspect and approve the condition of such streets and public property after removal. The security fund (if applicable), insurance, indemnity and penalty provision of the franchise shall remain in full force and effect during the entire term of removal.
2. Subject to applicable local, state and federal law, if, in the sole discretion of the city, grantee has failed to commence removal of the cable system, or such part thereof as was designated within thirty (30) days after written notice of the city's demand for removal is given, or if grantee has failed to complete such removal within one year after written notice of the city's demand for removal is given, the city shall have the right to exercise one of the following options:
a. Declare all right, title and interest to the cable system to be in the city or its delegator with all rights of ownership including, but not limited to, the right to operate the cable system or transfer the cable system to another for operation by it; or
b. Declare the cable system abandoned and cause the cable system, or such part thereof as the city shall designate, to be removed at no cost to the city. The cost of said removal shall be recoverable from the security fund, indemnity and penalty section provided for in the franchise, or from grantee directly.
B. Sale Or Transfer Of Franchise:
1. This franchise shall not be sold, assigned or transferred, either in whole or in part, or leased or sublet in any manner, nor shall title thereto, either legal or equitable, or any right, interest or property therein, pass to or vest in any person, except an entity controlling, controlled by or under common control with grantee, without full compliance with the procedures set forth in this subsection and applicable provisions of the cable communications policy act of 1984, as amended.
2. The provisions of this subsection shall apply to the sale or transfer of all or a majority of grantee's assets, merger, consolidation or sale or transfer of stock in grantee so as to create a new controlling interest. The term "controlling interest", as used herein, is not limited to majority stock ownership but includes actual working control in whatever manner exercised.
a. The parties to the sale or transfer shall make a written request to the city for its approval of a sale or transfer. The written request shall contain all information required by the city or by applicable state and federal laws and regulations. Upon receipt of a written request, the city shall make a determination pursuant to subsection C of this section as to the exercise of its first right of refusal to purchase the system.
b. The city shall reply in writing within thirty (30) days of the request and shall indicate approval of the request or its determination that a public hearing is necessary to analyze the legal, technical and financial ability of the proposed transferee and whether a potential adverse effect may result on grantee's subscribers.
c. The city shall issue a decision in writing either approving or denying the sale or transfer request within one hundred twenty (120) days following receipt of the written request from the parties to the sale or transfer, which written request shall contain all necessary information on which the city shall base its determination.
3. In reviewing a request for sale or transfer pursuant to subsection B1 of this section, the city may inquire into the legal, technical and financial qualifications of the prospective controlling party, and grantee shall assist the city in so inquiring. The city may condition said transfer upon such terms and conditions as it deems reasonably appropriate; provided, however, the city shall not unreasonably withhold its approval. In no event shall a transfer or assignment of ownership or control of the franchise be approved without the perspective controlling party becoming a signatory to this franchise.
4. Notwithstanding anything to the contrary contained in this subsection B, no such consent shall be required for a transfer in trust, by mortgage, or by hypothecation, or by assignment of any rights, title or interest of grantee in the franchise or cable system, in order to secure indebtedness.
C. Purchase By City Upon Expiration Or Revocation:
1. Subject to applicable local, state and federal law, at the expiration of this franchise, the city may purchase the cable system pursuant to section 627 of the cable act (47 USC 541).
2. Upon the revocation of this franchise, the city may, in lawful manner and upon the payment of an equitable price, lawfully purchase the cable system. (Ord. 4154, 2-19-1996)
A. Discriminatory Practices Prohibited: Grantee shall not deny service, deny access or otherwise discriminate against subscribers, programmers or general citizens on the basis of race, color, religion, national origin, gender, sexual orientation, gender identity or age. Grantee shall comply at all times with all other applicable federal, state and city laws relating to nondiscrimination. (Ord. 4891, 11-13-2007)
B. Subscriber Privacy: Grantee shall, at all times, comply with all applicable local, state and federal subscriber privacy provisions, including, but not limited to, section 631 of the cable act (47 USC 551). (Ord. 4154, 2-19-1996)
A. Franchise Renewal: This franchise may be renewed in accordance with applicable state and federal law.
B. Work Performed By Others:
1. The provisions of this franchise shall remain the responsibility of grantee, and grantee shall be responsible for and hold the city harmless for any claims or liability arising out of work performed by persons authorized by grantee.
2. All applicable provisions of this franchise shall apply to any subcontractor or authorized persons performing any work or services pursuant to the provisions of this franchise.
C. Compliance With Federal, State And Local Laws:
1. If any federal or state law or regulation requires or permits grantee to perform any service or act or shall prohibit grantee from performing any service or act which may be in conflict with the terms of this franchise, then as soon as possible following knowledge thereof, grantee shall notify the city of the point of conflict believed to exist between such law or regulation.
2. If any term, condition or provision of this franchise or the application thereof to any person or circumstance shall, to any extent, be held to be invalid or unenforceable, the remainder hereof and the application of such term, condition or provision to persons or circumstances other than those as to whom it shall be held invalid or unenforceable shall not be affected thereby, and this franchise and all the terms, provisions and conditions hereof shall, in all other respects, continue to be effective and to be complied with. In the event that such law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed so that the provision which had been held invalid or modified is no longer in conflict with the law, rules and regulations then in effect, said provision shall thereupon return to full force and effect and shall thereafter be binding on grantee and the city.
3. Notwithstanding anything to the contrary, in the event that any court, agency, commission, legislative body or other authority of competent jurisdiction: a) declares subsection 3-7-6F or G or 3-7-10A of this chapter invalid, in whole or in part; or b) requires grantee either to: 1) perform any act which is inconsistent with any of the said subsections, or 2) cease performing any act required by said subsections, grantee shall promptly notify the city. Such notice shall state whether grantee intends to exercise its rights pursuant to such declaration or requirement.
D. Nonenforcement By City: Subject to applicable federal, state and local laws, grantee shall not be relieved of its obligation to comply with any of the provisions of this franchise by reason of any failure of the city or to enforce prompt compliance.
E. Administration Of Franchise:
1. Subject to applicable local, state and federal law, the city shall have continuing regulatory jurisdiction and supervision over the cable system and the grantee's operation under the franchise. The city may issue such reasonable rules and regulations concerning the construction, operation and maintenance of the cable system as are consistent with the provisions of the franchise.
2. Grantee shall construct, operate and maintain the cable system subject to the city council who has jurisdiction in such matters and in strict compliance with all laws, ordinances, departmental rules and regulations affecting the cable system and not inconsistent with the provisions of this franchise.
3. The cable system and all parts thereof shall be subject to the right of periodic inspection by the city provided that such inspection shall not interfere with the operation of the cable system and such inspections take place during normal business hours upon reasonable notice to grantee.
F. Miscellaneous Violations:
1. Subject to applicable federal, state and local law, from and after the acceptance of the franchise, it shall be unlawful for any person to establish, operate or to carry on the business of distributing to any persons in the city any television signals or radio signals by means of a cable system using public rights of way unless a franchise therefor has first been obtained pursuant to the provisions of an ordinance, and unless such franchise is in full force and effect.
2. Subject to applicable federal, state and local law, from and after the acceptance of the franchise, it shall be unlawful for any person to construct, install or maintain within any street in the city, or within any other public property of the city, or within any privately owned area within the city which has not yet become a public street but is designated or delineated as a proposed public street on any tentative subdivision map approved by the city, or the city's official map or the city's major thoroughfare plan, any equipment or facilities for distributing any television signals or radio signals through a cable system, unless a franchise authorizing such use of such street or property or areas has first been obtained.
G. Emergency Use: In the case of any emergency or disaster, grantee shall, upon request of the city, make available its cable system and related facilities to the city for emergency use during the emergency or disaster period. The city shall hold grantee, its agents, employees, officers and assignees hereunder, harmless from any claims arising out of the emergency use of its facilities by the city, including, but not limited to, reasonable attorney fees and costs.
H. Captions: The paragraph captions and headings in this franchise are for convenience and reference purposes only and shall not affect in any way the meaning or interpretation of this franchise.
I. Calculation Of Time: Where the performance or doing of any act, duty, matter, payment or thing is required hereunder and the period of time or duration for the performance or doing thereof is prescribed and fixed herein, the time shall be computed so as to exclude the first and include the last day of the prescribed or fixed period or duration of time. When the last day of the period falls on Saturday, Sunday or a legal holiday, that day shall be omitted from the computation. (Ord. 4154, 2-19-1996)
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