Ordinance 1138-85 - Laserfiche WebLink

care and shall install and maintain and use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public. All structures and all lines, equipment and connection in, over, under, and upon the streets, sidewalks, alleys, and public ways or places of the Franchise area , wherever situated or located, shall at all times be kept and maintained in a safe condition. If an unsafe condition be found to exist, City agrees to give Franchisee notice of such allegedly unsafe condition and Franchisee shall have the reasonable opportunity to dispute such allegation or to repair the same. If Franchisee fails to make necessary repairs and alterations within a reasonable period of time , the City may make them or have them made, and collect all cost and expense thereof from the Franchisee. Section 24. Undergrounding. In those areas and portions of the City where the transmission or distribution facilities of both the public utility providing telephone service and those of the utility providing electric service are underground or hereafter may be placed underground, then the Franchisee shall likewise construct, operate and maintain all of its transmission and distribution facilities underground. Amplifiers in Fran- chisee' s transmission and distribution lines may be in appropriate housing upon or above the surface of the ground. Section 25. Extension Policy. Franchisee agrees to provide Cable Communications Service to areas subsequently annexed by the City within six (6 ) months , subject to the condition that there are at least fifty (50) dwelling units per street mile or one such unit within one hundred fifty (150) feet of Franchisee' s distribu- tion system as measured from existing system or such ratio thereof . The Franchisee will not deny access to Cable Communications Service to any group of potential residential Subscribers because of the income of the residents of the local area in which the group resides. Section 26. Performance Tests. The City may require the Franchisee to furnish test results to establish that its Cable Communications System is adhering to technical standards as required by this Ordinance. Section 27. Record Inspection. Subject to statutory and constitutional limits and reasonable advance notice, the City reserves the right to inspect the pertinent financial records of the Franchisee at any time during normal business hours. Upon request by City, Franchisee will provide any of the following: annual reports, subscriber data , subscriber complaints, plans for future technical upgrades and/or programming changes. Section 28 . Subscriber Service. The Franchisee shall provide a local business office which Subscribers may telephone without incurring added message or toll charges. Franchisee shall provide an adequate number of telephone lines, telephone instruments and trained personnel to ensure against unreasonble delay in answering Subscriber requests. In addition, telephone answering recording devices shall be activated after normal business hours so that all such inquiries may be monitored and prompt response made by the Franchisee. The efficiency of Franchisee 's telephone response to Subscriber' s inquiries ORDTNANCE - 9 5-21-85