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Ordinance 1138-85
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Ordinance 1138-85
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Ordinances
Ordinance Number
1138-85
Date
5/22/1985
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• <br /> may be reviewed by the City including spot checks by City <br /> officials or designee. Upon notification by City Franchisee <br /> agrees to meet with City to discuss and resolve any Subscriber <br /> problems to the City ' s reasonable satisfaction. <br /> (a ) Service Interruptions. In the event that the <br /> Franchisee' s service to any Subscriber is interrupted <br /> for twenty-four (24) consecutive hours, except for acts <br /> of God, matters beyond the control of the Franchisee, <br /> or due to circumstances for which the prior approval <br /> of the interruption is obtained from the City, the <br /> Franchisee shall upon request of the affected Subscriber, <br /> provide a pro-rata rebate of the applicable monthly <br /> fees to such affected Subscriber. <br /> (b) Complaints. The Franchisee shall ensure that all <br /> Subscribers and/or members of the general public have <br /> recourse to a satisfactory consideration of any complaint. <br /> Section 29. Subscribers ' Right of Privacy. <br /> The Franchisee will be bound by all of the provisions <br /> of Section 631 of the Act. <br /> Section 30. Franchise Discussions. <br /> Upon reasonable notice, the Franchisee agrees to meet <br /> with the City to discuss any question or problems which may <br /> arise under the Franchise. <br /> Section 31. Modification of Franchise Obligations. <br /> The City will grant to the Franchisee those rights not <br /> to exceed those provided for in Section 625 of the Act. <br /> Section 32. Franchise Renewal. <br /> The provisions of Section 626 of the Act will effectively <br /> govern the actions of the City and the Franchisee in proceedings <br /> relating to future Franchise renewal. In complying with the <br /> provisions of this section of the Act, the City expressly reserves <br /> the right to establish guidelines to measure the effectiveness <br /> of the Franchisee' s performance that may be required under <br /> the appropriate subsections of the Act or this Ordinance. <br /> Section 33. Right of City to Purchase. <br /> The City reserves the right to purchase the existing <br /> system under provisions of Section 627 of the Act, or in the <br /> event of a judicial or foreclosure sale pursuant to Section <br /> 39 (d) below. <br /> Section 34. Continuity of Service. <br /> (a ) Subscribers ' Rights. It shall be the right of all <br /> Subscribers to continue receiving service so long as <br /> their financial and other obligations to the Franchisee <br /> are fulfilled. In this regard the Franchisee agrees to <br /> act in good faith and reasonably so as to ensure that all <br /> Subscribers receive continuous, uninterrupted service <br /> subject to circumstances beyond Franchisee' s control. <br /> (b) Failure to Operate. In the event the Franchisee <br /> fails to operate a system for seventy-two (72) continuous <br /> and consecutive hours without prior notification to and <br /> approval of the City or without just cause such <br /> as an impossibility to operate the system because of <br /> the occurrence of an Act of God or other circumstance <br /> reasonably beyond Franchisee's control, the City may, <br /> after notice and an opportunity for Franchisee to <br /> ORDINANCE - 10 <br /> 5-21-85 <br />
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