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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)
A. Publication; Effective Date: This chapter shall be signed by the mayor or acting mayor and attested by the city clerk. This chapter shall be published in accordance with the requirements of city and state law and shall take effect at that time.
B. Time Of Acceptance; Incorporation Of Proposal; Exhibits:
1. Grantee shall have sixty (60) days from the date of adoption of a franchise to accept a franchise. Such acceptance by grantee shall be deemed the grant of a franchise for all purposes. In the event acceptance does not take place within sixty (60) days or such other time as the city might allow, a franchise shall be null and void.
2. Upon acceptance of a franchise, grantee shall be bound by all the terms and conditions contained therein. Grantee shall provide all services and offerings specifically set forth therein to provide cable television services within the city.
3. With its acceptance, grantee shall also deliver to the city documentation evidencing its power and authority to accept the franchise. Such documents shall also describe the officers authorized to accept on behalf of grantee.
4. With its acceptance, grantee shall also deliver any and all required certificates, resolutions, and other documentation required by this chapter. (Ord. 4154, 2-19-1996)