Ordinance 1138-85 - Laserfiche WebLink

Section 9. Franchising Costs. In addition to the Franchise fee required under this Section of this Ordinance, the Franchisee shall pay to the City, upon acceptance of any Franchise granted hereunder, the City' s out-of-pocket costs associated with the selection and franchising process, including but not limited to legal and consulting fees and expenses , and the costs of publishing notices and ordinances, subject to a maximum limit of Twenty Thousand Dollars ( $20, 000.00) and City providing Franchisee with documentation of the reasonableness and necessity of costs and expenses in excess of Ten Thousand Dollars ( $10, 000.00) Such payment is not deductible from or considered in lieu of Franchise fee payments. Section 10. System Capability. Franchisee shall provide at least a 300 mghz system capable of thirty-five (35) operational channels which will be activated with an initial minimum of twenty-eight (28 ) Channels of service. Such system will be fully opera- tional no less than twelve (12) months from the date of the award of the Franchise. (a ) 400 MGHZ Upgrade. Furthermore, at such time as fifty percent (50% ) of other systems of similar sub- scriber size, as determined by trade reference books have installed or are upgraded and are activated to a 400 mghz operation, then the City may direct the Franchisee to make a similar upgrade capability. Such system upgrade will be completed within twenty- four (24) months of such notification to Franchisee (b) Arbitration. In the event the City and Franchisee are unable to reach agreement as to whether the test of Subsection 10(a ) is satisfied, the parties agree to resolve such question by arbitration. The City shall select an arbitrator who is knowledgable in cable com- munications matters and Franchisee shall select a similarly qualified person. The two arbitrators selected by the parties shall select a third arbitrator. The decision of the majority of the arbitrators shall be binding and conclusive upon the parties for purposes of Section 10(a ) . Section 11. Technical Standards. Franchisee shall comply with FCC Rules, Part 76, Subpart K, Section 76.601 through 76.610 and as amended, at the minimum, all applicable City, state and federal codes, rules, regulations, and specifications referenced and/or set forth in this Ordinance, including those documents incorporated herein by reference. (a ) Preventive Maintenance: A comprehensive routine preventive maintenance program shall be developed,effected and maintained for each system by the respective Fran- chisee to ensure continued top quality cable communications operating standards in consonance with FCC Part 76. (b) Proof of Performance: The services of a newly con- structed system, or one that has undergone a major upgrade, shall not be offered for sale prior to proof-of-perform- ance testing in accordance with FCC Part 76.601. Section 12. Community Programming. Franchisee will provide a Community Programming channel immediately, as follows: ORDINANCE - 6 5-21-85