(a)
The
city manager’s designee shall have primary responsibility for
the continuing regulatory administration of a franchise and implementation
of complaint procedures.
(b)
A
grantee shall maintain an office in the city, which shall be open
during all usual business hours and have a publicly listed telephone
and be so operated with adequate line capability that complaints and
requests for repairs or service may be received between the hours
of 7:00 a.m. until 11:00 p.m., Monday through Friday and 9:00 a.m.
until 9:00 p.m. on Saturday. Sufficient responsibility must be delegated
locally to permit the local system manager to make timely decisions.
Grantees having more than one thousand (1,000) customers must maintain
an office in the city with the capability of handling complaints and
requests for service adjustments on a twenty-four-hour-per-day basis,
seven (7) days per week.
(c)
Subject
to constraints imposed by acts of God, or events over which the grantee
has no control, a grantee shall maintain a repair and maintenance
crew capable of responding to subscriber complaints or requests for
service within forty-eight (48) hours after receipt of the complaint
or request. Grantees having more than one thousand (1,000) customers
must have sufficient repair and maintenance personnel to respond to
complaints or requests for service within twenty-four (24) hours after
receipt of the complaint or request. The city may enforce FCC standards
regarding customer service standards and [is authorized] to adopt
and enforce the city’s own stricter and more encompassing standards,
either as part of the franchise or by ordinance.
(d)
A
grantee shall establish procedures for receiving, acting upon, and
resolving subscriber complaints to the satisfaction of the city. A
grantee shall furnish a notice of such procedures to each subscriber
at the time of initial subscription to the system. Upon request by
a subscriber, the grantee shall credit a subscriber’s account
on a pro rata basis for any loss of service lasting for more than
forty-eight (48) hours.
(e)
A
grantee shall keep a maintenance service log which will indicate the
nature of each service complaint, the date and time it was received,
the disposition of said complaint and the time and date thereof. This
log shall be made available for periodic inspection to representatives
of the city. All service complaint entries shall be retained on file
for a period consisting of at least three (3) years.
(f)
When
there have been similar complaints made or when there exists other
evidence which, in the judgment of the city manager, casts doubt on
the reliability or quality of cable service, the city manager shall
have the right and authority to compel a grantee, at its expense,
to test, analyze, and report on the performance of the system. Such
report shall be delivered to the city manager no later than fourteen
(14) days after the city manager formally notifies the grantee and
shall include the following information: the nature of the complaints
which precipitated the special tests; what system component was tested,
the equipment used, and procedures employed in said testing; the results
of such tests; and the method in which said complaints were resolved.
(g)
The
city manager may require that tests and analyses shall be supervised
by a professional engineer not on the permanent staff of a grantee
but paid for by the grantee. The aforesaid engineer should sign all
records of the special tests and forward to the city manager such
records with a report interpreting the results of the tests and recommending
actions to be taken by a grantee and the city.
(h)
The
city manager’s right under this section shall be limited to
requiring tests, analyses, and reports covering specific subjects
and characteristics based on said complaints or other evidence when
and under such circumstances as the city has reasonable grounds to
believe that the complaints or other evidence requires that tests
be performed to protect the public against substandard cable service.
(Ordinance 99-28, sec. 1, adopted 6/22/99; 1957 Code, sec. 19-194)
A grantee shall fully cooperate in making available at reasonable
times, and the city manager or his designee shall have the right to
inspect, the books, records, maps, plans and other like materials
of the grantee applicable to the cable system, at any time during
normal business hours with no less than forty-eight (48) hours’
notice except in the event of an emergency; provided, where volume
and convenience necessitate, the grantee may require inspection to
take place on the grantee’s premises. If records are maintained
outside the city, the grantee is obligated to reimburse the city government
any reasonable expenses incurred in making inspection of the books
and records.
(Ordinance 99-28, sec. 1, adopted 6/22/99; 1957 Code, sec. 19-195)
Copies of all petitions, applications, communications and reports
submitted by a grantee to the Federal Communications Commission, the
Securities and Exchange Commission, or any other federal or state
regulatory commission or agency having jurisdiction in respect to
any matters affecting cable system operations authorized pursuant
to the franchise shall be provided simultaneously to the city manager.
The city shall accord such confidentiality to portions of documents
that the grantee shows to be trade secrets and commercial or financial
information obtained from a person as privileged or confidential by
statute or judicial decisions. If a copy of such marked documents
are requested by any person, the city shall submit to the attorney
general for a final decision. The grantee shall assist in preparation
of the brief.
(Ordinance 99-28, sec. 1, adopted 6/22/99; 1957 Code, sec. 19-196)
Grantees shall file annually with the office of the city finance
department, no later than one hundred twenty (120) days after the
end of the grantee’s fiscal year, a copy of a financial report
applicable to the cable system serving the city, including an income
statement applicable to its operations during the preceding twelve-month
period, a balance sheet and a statement of its properties devoted
to cable system operations. These reports shall be certified as correct
by an authorized officer of grantee and there shall be submitted along
with such other reasonable information as the city shall request.
(Ordinance 99-28, sec. 1, adopted 6/22/99; 1957 Code, sec. 19-197; Ordinance 2008-37, sec. 28, adopted 9/9/08)
(a)
In
addition to all other rights and powers retained by the city under
this article or otherwise, the city reserves the right to forfeit
and terminate a franchise and all rights and privileges of a grantee
in the event of a material breach of its terms and conditions. A material
breach by a grantee shall include but shall not be limited to the
following:
(1)
Violation of any material provision of this article or the franchise
or violation of any material rule, order, regulation or determination
of the city made pursuant to the franchise;
(2)
Attempt to evade any material provision of this article or the franchise
or the perpetration of any fraud or deceit upon the city or its subscribers
or customers;
(3)
Failure to begin or complete system construction or reconstruction
or system extension as provided under this article or the franchise;
(4)
Failure to provide the types of services promised;
(5)
Failure to restore service after ninety-six (96) consecutive hours
of interrupted service, except when approval of such interruption
is obtained from the city; or
(6)
Material misrepresentation of fact in the application for the franchise.
(b)
The
foregoing shall not constitute a material breach if the violation
occurs but it is without fault of a grantee or occurs as a result
of circumstances beyond its control. A grantee shall not be excused
by economic hardship nor by misfeasance or malfeasance of its shareholders,
directors, officers, or employees.
(c)
The city shall make a written demand that a grantee comply and cure any violation described in subsection (a). Note that a grantee has thirty (30) days to cure, twenty (20) days’ notice and another sixty (60) days to cure before forfeiture and termination. If the violation by the grantee continues for a period of thirty (30) days following such written demand without written proof that the corrective action has been taken or is being actively and expeditiously pursued, the city may place the issue of termination of the grantee’s franchise before the city council. The city shall cause to be served upon the grantee, at least twenty (20) days prior to the date of such council meeting, a written notice of intent to request such termination and the time and place of the meeting. Public notice shall be given of the meeting and issues relating to the grantee’s franchise to be considered by the council.
(d)
The
city council shall hear and consider the issues and shall hear any
person interested therein, and shall determine whether any violation
by the grantee has occurred.
(e)
If
the city council shall determine the violation by a grantee was the
fault of the grantee and within its control, the council may declare
that the franchise of the grantee shall be forfeited and rescinded
unless there is compliance by the grantee within such period as the
city council may fix, which period shall not be less than sixty (60)
days. However, no opportunity for compliance need be granted for fraud
or misrepresentation.
(f)
The
issue of forfeiture and rescission of the franchise shall automatically
be placed upon the council agenda at the expiration of the time set
by it for compliance. The council then may continue the franchise,
rescind the franchise immediately upon finding that the grantee has
failed to achieve compliance, or further extend the compliance period,
in its discretion.
(Ordinance 99-28, sec. 1, adopted 6/22/99; 1957 Code, sec. 19-198)
(a)
By
acceptance of the franchise granted by the city, a grantee’s
failure to comply with any time and performance requirements as stipulated
in this article and the franchise agreement will result in damage
to the city, and since it is impracticable to determine the actual
amount of such damage in the event of delay or nonperformance, a grantee
will pay to the city the following amounts, which, if established,
may be chargeable to a security fund:
(1)
For failure to complete construction or reconstruction as required
herein, unless the city manager specifically approves the delay due
to the occurrence of conditions beyond the grantee’s control,
a grantee shall pay up to five hundred dollars ($500.00) per day for
each day, or part thereof, the deficiency continues.
(2)
For failure to provide, upon written request, data, documents, reports,
or information or to cooperate with the city during an application
process or cable system review, a grantee shall pay up to fifty dollars
($50.00) per day, or part thereof, that each violation occurs or continues.
(3)
For failure to test, analyze and report on the performance of the
system following a written request pursuant to this article, a grantee
shall pay to the city up to two hundred dollars ($200.00) per day
for each day, or part thereof, that such noncompliance continues.
(4)
For failure to provide in a continuing manner the types of services
approved in the franchise agreement, unless the city manager specifically
approves a delay or change, a grantee shall pay to the city up to
five hundred dollars ($500.00) per day for each day, or part thereof,
that such noncompliance continues.
(5)
If it has been determined that there has been a failure of the grantee
to comply with operational, maintenance or technical standards, the
grantee shall pay to the city up to five hundred dollars ($500.00)
for each day, or part thereof, that such noncompliance continues beyond
the three-month period provided herein.
(b)
If the city manager, following thirty (30) days’ written notice to a grantee to cure any problem that might result in liquidated damages, concludes that a grantee is in fact liable for liquidated damages pursuant to this section, he shall issue to the grantee by registered or certified mail a notice of intention to assess liquidated damages. The notice of intention to assess shall set forth the basis of the assessment and shall inform the grantee that liquidated damages will be assessed from the date of the notice of intention to assess unless the assessment notice is appealed for hearing before the council and the council rules that the violation has been corrected, or that an extension of time or other relief should be granted. A grantee desiring a hearing before the council shall send a written notice of appeal by registered or certified mail to the city manager within ten (10) days of the date of the notice of intention to assess liquidated damages. The hearing on the grantee’s appeal shall be held within thirty (30) days of the date of the notice of intention to assess liquidated damages. After the hearing, if the council sustains in whole or in part the city manager’s assessment of liquidated damages, the city manager may at any time thereafter draw upon the security fund, if any, required by section 4-15-189. Unless the council indicates to the contrary, the liquidated damages shall be assessed beginning on the date of the notice of intention to assess and continuing thereafter until such time as the violation ceases, as determined by the city manager in his sole reasonable discretion.
(Ordinance 99-28, sec. 1, adopted 6/22/99; 1957 Code, sec. 19-199)
(a)
A
grantee shall not deny service, deny access, or otherwise discriminate
against subscribers, channel users, or general citizens on the basis
of race, color, religion, national origin, handicap or sex. A grantee
shall comply at all times with all other applicable federal, state
and local laws and regulations, and all executive and administrative
orders relating to nondiscrimination, which are hereby incorporated
and made part of this article by reference.
(b)
A
grantee shall strictly adhere to the equal employment opportunity
requirements of federal, state and local regulations.
(c)
No
signals shall be transmitted from a subscriber’s terminal for
purposes of monitoring individual viewing patterns or practices without
the express written permission of the subscriber. The request for
such permission shall be continued [contained] in a separate document
with a prominent statement that the subscriber is authorizing the
monitoring with full knowledge of its purpose. The authorization shall
be revocable at any time by the subscriber without penalty of any
kind whatsoever. Such authorization is required for each type or classification
of two-way cable communications activity planned; provided, however,
that a grantee shall be entitled to conduct systemwide or individually
addressed “sweeps” for the purpose of verifying system
integrity, controlling return-path transmission, billing for pay services,
or detecting unauthorized cable television reception.
(d)
A
grantee, or any of its agents or employees, shall not, without the
specific written authorization of the subscriber involved, sell or
otherwise make available to any party any list which identifies the
individual viewing habits of subscribers unless required to by operation
of law.
(Ordinance 99-28, sec. 1, adopted 6/22/99; 1957 Code, sec. 19-200)
(a)
Upon
the foreclosure or other judicial sale of all or a substantial part
of the system:
(1)
A grantee shall notify the city of such fact, and such notification
shall be treated as a notification that a change in control of the
grantee has taken place and the provisions of this article governing
the consent of the city to such change in control of a grantee shall
apply; or
(2)
In such an instance, the city may serve notice of termination upon
a grantee and, if applicable, the successful bidder at such sale.
In such event, the franchise shall cease and be rescinded thirty (30)
days after service of such notice unless:
(b)
The
city shall have the right to revoke a franchise one hundred twenty
(120) days after the appointment of a receiver or trustee to take
over and conduct the business of a grantee, whether in receivership,
reorganization, bankruptcy, or other action or proceeding, unless
such receivership or trusteeship shall have been vacated prior to
the expiration of said one hundred twenty (120) days, or unless:
(1)
Within one hundred twenty (120) days after the election or appointment,
such receiver or trustee shall have fully complied with all the provisions
of this article and remedied all defaults thereunder; and
(2)
Such receiver or trustee, within said one hundred twenty (120) days,
shall have executed an agreement duly approved by the court having
jurisdiction in the premises, whereby such receiver or trustee assumes
and agrees to be bound by each and every provision of this article
and the franchise agreement.
(Ordinance 99-28, sec. 1, adopted 6/22/99; 1957 Code, sec. 19-201)
(a)
Performance and payment bonds.
(1)
Within thirty (30) days after the award or renewal of a franchise,
if there is proposed construction, a grantee shall file with the city
secretary and risk manager a performance and payment bond each in
the amount of five hundred thousand dollars ($500,000.00) in favor
of the city. The corporate surety on each bond will be authorized
to do business in the state and acceptable to the city attorney. Bonds
shall be maintained throughout any construction and any reconstruction
period and until such time as determined by the city council.
(2)
In the event a grantee fails to comply with any law, ordinance or regulation governing a franchise, or fails to well and truly observe, fulfill and perform the grantee’s proposal, there shall be recoverable, jointly and severally, from the principal and surety of the bond, any damages or loss suffered by the city as a result, including the full amount of any compensation, indemnification, or cost of removal or abandonment of any property of a grantee, plus a reasonable allowance for attorney’s fees, including the city’s legal staff, and costs, up to the full amount of the bond. This subsection shall be an additional remedy for any and all violations outlined in subsection (b).
(3)
The city may, upon completion of construction or reconstruction of
the cable system as approved by the city council, waive or reduce
the requirement of a grantee to maintain bonds. However, the city
may require a performance and payment bond to be posted by a grantee
for any construction subsequent to the completion of the initial service
areas, in a reasonable amount and upon such terms as determined by
the city council.
(4)
The bond shall contain the following endorsement: “It is hereby
understood and agreed that this bond may not be canceled by the surety
nor the intention not to renew be stated by the surety until thirty
(30) days after receipt by the city attorney, by registered mail,
of a written notice of such intent to cancel or not to renew.”
(b)
Letter of credit.
(1)
Within thirty (30) days after the award or renewal of a franchise,
a grantee shall deposit with the city’s director of finance
an irrevocable letter of credit in a form satisfactory to the city’s
director of finance and the city attorney. The amount of the letter
of credit shall be one hundred thousand dollars ($100,000.00) issued
by a federally insured commercial lending institution with a credit
rating of BAA or BBB+ or higher. The federally insured commercial
institution on which the letter of credit is to be drawn shall be
acceptable to the city. The letter of credit shall be used:
(A)
To insure the grantee’s compliance with the terms and conditions
of this article and its franchise; and
(B)
To insure the grantee’s payment of any liabilities arising
out of the construction, operation or maintenance of the cable system,
including the cost of removal or abandonment of any property of a
grantee.
(2)
The letter of credit shall contain the following endorsement: “At
least sixty (60) days’ prior written notice shall be given to
the city by the financial institution of any such intention to cancel,
replace, fail or renew, or materially alter this letter of credit.
Such notice shall be given by certified mail to the city’s director
of finance and city attorney.”
(3)
The letter of credit may be drawn upon by the city by presentation
of a draft at sight on the lending institution, accompanied by a written
certificate signed by the city manager certifying that the grantee
has failed to comply with this article, its franchise or any other
order, permit or direction of the city relating to this article or
the franchise after any required notice to use has expired, stating
the specific reasons therefor, and stating the basis for the amount
being drawn. Examples of a basis for drawing upon the letter of credit
include, but are not limited to, the following:
(A)
Failure of a grantee to pay to the city any fees and/or taxes or
other payment after ten (10) working days’ written notice of
delinquency;
(B)
Failure of a grantee to pay to the city, within ten (10) working
days after written notice, any amounts due and owing to the city by
reason of the indemnity provision;
(4)
A grantee shall agree to structure the letter of credit in such a
manner so that, if the city draws upon the letter of credit and reduces
the amount of available credit to a sum below seventy-five thousand
dollars ($75,000.00), the grantee shall replenish the letter of credit
to a minimum of seventy-five thousand dollars ($75,000.00) within
five (5) calendar days. The intent of this subsection is to ensure
that the credit available to the city shall at no time fall below
seventy-five thousand dollars ($75,000.00). The grantee further agrees
that the letter of credit will be replenished to one hundred thousand
dollars ($100,000.00) within sixty (60) days from the date the city
draws against the letter of credit.
(5)
The letter of credit shall become the property of the city in the
event that the franchise is canceled by reason of default of a grantee.
The letter of credit shall be retained by the city and returned to
a grantee at the expiration of the franchise provided there is not
outstanding default or unpaid franchise fees, ad valorem taxes or
debts to the city on the part of a grantee or grantee’s creditors.
(6)
The rights reserved to the city with respect to the letter of credit
are in addition to all other rights of the city, whether reserved
by this article or a franchise or otherwise authorized by law, and
no action, proceeding or right with respect to the letter of credit
shall affect any other right the city has or may have.
(Ordinance 99-28, sec. 1, adopted 6/22/99; 1957 Code, sec. 19-202)
(a)
A
grantee agrees to hold harmless and indemnify the city and its employees
and officials from any claims arising out of the franchise granted
to the grantee. All damages, penalties and expenses incurred as a
result of actions brought between the grantee and the grantor shall
be borne by the respective parties in ordinary course, unless otherwise
provided by court order or settlement between the parties.
(b)
In the event that a grantee does not indemnify and hold harmless the city after being notified of such a claim as described in subsection (a), the city may defend its actions and the grantee shall reimburse the city all of the city’s reasonable and necessary expenses, costs and attorney’s fees incurred in making such defense.
(c)
Upon
the granting of a franchise and at all times during the term of the
franchise, including the time for removal of facilities or management
as a trustee as provided for herein, a grantee shall obtain, maintain,
pay all premiums for and file with the city manager and risk manager
written evidence of payment of premiums and executed duplicate copies
of the following insurance:
(1)
Commercial general liability.
One million dollars ($1,000,000.00)
combined single limit per occurrence for death, bodily injury, personal
injury and property damage. This policy shall have no coverages removed
by exclusions. Coverage shall also include explosion, collapse and
underground hazards;
(2)
Automobile liability.
Five hundred thousand dollars
($500,000.00) combined single limit per accident for bodily injury
and property damage. Coverage should be provided as a “Code
1” for any auto;
(3)
Worker’s compensation and employer’s liability.
Statutory. Employer’s liability policy limits of one hundred
thousand dollars ($100,000.00) for each accident, five hundred thousand
dollars ($500,000.00) policy limit disease.
(d)
Other
insurance provisions:
(1)
The city shall be named as an additional insured on the commercial
general liability and automobile liability insurance policies. These
insurance policies shall contain the appropriate additional insured
endorsement signed by a person authorized by that insurer to bind
coverage on its behalf.
(2)
Each insurance policy shall be endorsed to state that coverage shall
not be suspended, voided, canceled, or reduced in coverage or in limits
except after thirty (30) days’ prior written notice has been
provided to the city.
(3)
Insurance is to be placed with insurers with a Best rating of no
less than A:VII or equivalent. The company must also be duly authorized
to transact business in the state.
(4)
Worker’s compensation and employer’s liability coverage.
The insurer shall agree to waive all rights of subrogation against
the city, its officials, employees and volunteers for losses arising
from the activities under a franchise.
(5)
Certificates of insurance and endorsements reflecting coverage shall
be forwarded to:
|
Risk Management
City of Odessa
P.O. Box 4398
Odessa, TX 79760
|
(e)
A
grantee shall, at its sole cost and expense, fully indemnify, defend
and hold harmless the city, its officers, boards, commissions and
employees against any and all claims, suits, actions, liability and
judgments for damages (including but not limited to expenses for reasonable
legal fees and disbursements and liabilities assumed by the city in
connection therewith):
(1)
To persons or property, in any way arising out of or through the
acts or omissions of the grantee, its servants, agents or employees,
or to which a grantee’s negligence shall in any way contribute;
(2)
Arising out of any claim for invasion of the right of privacy, for
defamation of any person, firm or corporation, or for the violation
or infringement of any copyright, trademark, trade name, service mark
or patent or of any other right of any person, firm or corporation
(excluding claims arising out of or relating to city programming),
and the actions of city employees; and
(3)
Arising out of the grantee’s failure to comply with the provisions
of any federal, state, or local statute, ordinance or regulation applicable
to the company in its business hereunder.
(f)
The
foregoing indemnity is conditioned upon the following: The city shall
give a grantee prompt notice of the making of any claim or the commencement
of any action, suit or other proceeding covered by the provisions
of this section; the city shall cooperate in the defense or settlement
of any action; the city shall take all reasonable action to reduce
or mitigate damages; and the grantee shall have the right to settle.
Nothing herein shall be deemed to prevent the city from cooperating
with a grantee and participating in the defense of any litigation
by its own counsel at its sole cost and expense.
(Ordinance 99-28, sec. 1, adopted 6/22/99; 1957 Code, sec. 19-203)
(a)
The
city may require annual performance evaluation sessions pursuant to
procedures mutually established by the city and the grantee. Should
the city determine a need to hold a performance evaluation session,
the grantee shall be notified in writing thirty (30) days prior to
the date of the evaluation.
(b)
Special
evaluation sessions may be held at any time during the term of a franchise
at the request of the city or the grantee to consider a specific topic.
(c)
Topics
which may be discussed at any scheduled or special evaluation session
may include, but shall not be limited to, service rate structures,
franchise fee, liquidated damages, free or discounted services, application
of new technologies, system performance, services provided, programming
offered, customer complaints, privacy, amendments to this article,
judicial and FCC rulings, line extension policies, and grantee or
city rules.
(Ordinance 99-28, sec. 1, adopted 6/22/99; 1957 Code, sec. 19-204)
If, as a result of a dispute between a grantee and the city
and prior to a settlement of that dispute as provided for herein,
the grantee arbitrarily or capriciously discontinues all regular cable
services to its subscribers, the grantee shall forfeit its right of
notice and a hearing as provided for herein, and the council shall
declare the grantee’s franchise immediately canceled and the
city shall, forthwith, seek appropriate judicial injunctive relief
and shall proceed to exercise its rights and powers as provided for
herein.
(Ordinance 99-28, sec. 1, adopted 6/22/99; 1957 Code, sec. 19-205)
In the event a grantee questions the reasonableness of any order,
requirement, decision, or other action taken by the city manager or
shall be of the opinion that the city manager lacks authority to take
such action, a grantee shall be allowed to appeal the order, requirement,
decision or other action to the city council. The notice of objection
and request for an appeal shall be made in writing to the city secretary
within two (2) weeks of the objectionable order, requirement, decision
or other action.
(Ordinance 99-28, sec. 1, adopted 6/22/99; 1957 Code, sec. 19-206)
Every direction, notice or order to be served upon a grantee
shall be delivered or sent by registered mail to its office in the
city. Every notice served upon the city shall be delivered or sent
by registered mail to the city secretary with copies to the city manager
and city attorney, City of Odessa, 411 West 8th Street, Odessa, Texas
79760
(Ordinance 99-28, sec. 1, adopted 6/22/99; 1957 Code, sec. 19-207)
The contract shall be governed by the laws of the state. Exclusive
venue shall be in Ector County if any lawsuit is filed in state court.
If a lawsuit is filed in federal court, exclusive venue shall be in
the Western District of Texas, Midland-Odessa Division. Notwithstanding
the foregoing, should a lawsuit be filed in state court and should
the lawsuit be removed to federal court on any grounds, exclusive
venue shall be in the Western District of Texas, Midland-Odessa Division.
(Ordinance 99-28, sec. 1, adopted 6/22/99; 1957 Code, sec. 19-208)
(a)
Within
thirty (30) days following written notice from the city, any grantee
or other person that owns, controls or maintains any unauthorized
cable facilities or related appurtenances on city property or within
the public rights-of-way shall, at its own expense, remove such facilities
or appurtenances from city property or public rights-of-way. All cable
facilities are unauthorized and subject to removal under any of the
following circumstances:
(1)
Upon expiration or termination of the grantee’s franchise.
(2)
Upon abandonment of a facility on city property or within the public
rights-of-way of the city.
(3)
If the facility was constructed or installed without the prior grant
of a franchise.
(4)
If the facility was constructed or installed without the prior assurance
of a required construction permit.
(b)
If
after proper notice the owner fails or refuses to remove or abate
the facilities in question, the city retains the right and privilege
to remove or abate any such cable facilities, at the sole cost and
expense of the owner. In performing or permitting such work to be
done, the city shall not be liable for any damages to any cable facilities
unless directly and proximately caused by the willful, intentional,
malicious or with gross negligence act by the city, and shall not
be liable in any event for any consequential damages relating to service
interruptions.
(Ordinance 99-28, sec. 1, adopted 6/22/99; 1957 Code, sec. 19-209)
Any person, firm, corporation, or agent or employee thereof
who violates any of the provisions of this article and fails to cure
such violation within ten (10) working days after prior written notice
by the city manager shall be guilty of a misdemeanor and upon conviction
thereof shall be fined an amount not to exceed five hundred dollars
($500.00) for each offense. Each day that a violation is permitted
to exist shall constitute a separate offense.
(1957 Code, sec. 19-210)
