Ordinance 1140-85 - Laserfiche WebLink

5. 4 Service Modifications. The City understands and agrees that the Franchisee may make reasonable changes in its Basic Service programming throughout the duration of this Franchise, including additions, deletions, substitutions, or establishing tiers of different levels of service at different rates, consistent with the rules and regulations of the Federal Communications Commission. However , Franchisee agrees that any modifications pursuant to this authority will not reduce the number of active channels to less than twenty-eight ( 28 ) channels without approval of the City. The City will not unreasonably withhold consent to a programming reduction if Franchisee establishes either : (a ) that there is insufficient programming for twenty-eight ( 28 ) channels ; or (b) that the cost of providing such programming would have an adverse effect on subscriber rates . Section 6 : Franchise Fee. The Franchisee shall pay the City quarterly, on or before the thirtieth ( 30th) day of each January, April , July and October , a franchise fee based upon a percentage of the Gross Subscriber Revenues collected by the Franchisee as provided in Section 3 of the Cable Communications Regulatory Ordinance . Section 7 : Discounts. Franchisee will provide special rate considerations to low income senior Subscribers or low income permanently disabled Subscribers as provided in Section 49 of the Cable Communications Regulatory Ordinance. Franchisee agrees to make bulk rates available to nursing homes, retirement homes and convelescent centers Section 8 : Acceptance. This grant of Franchise and its terms and provisions shall be accepted by the Franchisee by the submission of the attached written instrument, executed and sworn to by a corporate officer of the Franchisee before a Notary Public, and filed with the City Clerk within thirty ( 30) days after the date of this Franchise Ordinance. Such instrument will constitute the unconditional acceptance of this Franchise and the Franchisee ' s promise to comply with and abide by all its provisions, terms, and conditions . Section 9 : Effective Date. This Ordinance shall be in effect thirty ( 30 ) days after the date it becomes valid. Section 10 : 300 mghz System Rebuild Construction. Prior to granting of Franchise, Franchisee has obtained all necessary permits and licenses and has completed the construction upgrade of its Cable Communications System to a minimum of 300 mghz capacity of thirty-five ( 35 ) channels . Such system will be fully operational within twelve ( 12 ) months of the effective date of the Franchise. Section 11 : System Rebuild Construction Penalties . Franchisee shall be assessed the sum of One Thousand Dollars ( $1 , 000 . 00 ) per day as compensatory liquidated damages for each day the present system rebuild is not substantially completed after the expiration of the twelve ( 12 ) month period following the awarding of the Franchise. The City shall have the right, solely and exclusively within its discretion, to waive such penalties . Any such waiver shall not constitute waiver of future rights to enforce this penalty. -3-