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2015-013 Council Ordinances
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2015-013 Council Ordinances
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City Council
Council Document Type
Ordinances
Meeting Date
12/28/2015
Council Meeting Type
Regular
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8.6 Periodic Evaluation. <br />8.6.1 The City may require evaluation sessions at any time during the term of this <br />Franchise, upon fifteen (15) days written notice to the Grantee. <br />8.6.2 Topics which may be discussed at any evaluation session may include, but are not <br />limited to, application of new technologies, System, programming offered, access <br />channels, facilities and support, municipal uses of cable, Subscriber rates, <br />customer complaints, amendments to this Franchise, judicial rulings, FCC rulings, <br />line extension policies and any other topics the City deems relevant. <br />8.6.3 As a result of a periodic review or evaluation session, upon notification from City, <br />Grantee shall meet with City and undertake good faith efforts to reach agreement <br />on changes and modifications to the terms and conditions of the Franchise which <br />are legally, economically, and technically feasible. <br />SECTION 9. GENERAL FINANCIAL AND INSURANCE PROVISIONS <br />9.1 Performance Bond. <br />9.1.1 At the time the Franchise becomes effective and until such time as the <br />construction of the System the Grantee shall furnish a bond to the Commission, <br />in a form and with such sureties as are reasonably acceptable to the Commission, <br />in the amount of $500,000. Upon such completion of all System the bond shall be <br />reduced to $50,000. This bond will be conditioned upon the faithful performance <br />by the Grantee of its Franchise obligations and upon the further condition that in <br />the event the Grantee shall fail to comply with any law, ordinance or regulation <br />governing the Franchise, there shall be recoverable jointly and severally from the <br />principal and surety of the bond any damages or loss suffered by the City or the <br />Commission as a result, including the full amount of any compensation, <br />indemnification or cost of removal or abandonment of any property of the <br />Grantee, plus a reasonable allowance for attorneys' fees and costs, up to the full <br />amount of the bond, and further guaranteeing payment by the Grantee of claims, <br />liens and taxes due the City or the Commission which arise by reason of the <br />construction, operation, or maintenance of the System,. The rights reserved by <br />the City and the Commission with respect to the bond are in addition to all other <br />rights the City and the Commission may have under the Franchise or any other <br />law. The Commission may, from year to year, in its sole discretion, reduce the <br />amount of the bond. <br />9.1.2 The time for Grantee to correct any violation or liability shall be extended by <br />Commission if the necessary action to correct such violation or liability is, in the <br />sole determination of Commission, of such a nature or character as to require <br />more than thirty (30) days within which to perform, provided Grantee provides <br />written notice that it requires more than thirty (30) days to correct such violations <br />36 <br />
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