City shall have the right to inspect at any time during normal
business hours all books, records, maps, plans, service complaint
logs, performance test results and other like materials of Grantee
which relate to the operation of the franchise. Grantee shall keep
a separate record for the franchise at an office within the franchise
area, which record shall show the items set forth herein. Grantee
shall provide such information in such form as may be reasonably required
by City for said records.
If any of such books or records are not kept in the local office,
or upon reasonable request made available to City, and if City shall
determine that an examination of such records is necessary or appropriate
to the performance of any of City's duties, then all travel and maintenance
expense necessarily incurred in making such examination shall be paid
by Grantee.
(Prior code § 63050; added
by Ord. No. 1407CCS, adopted 4/28/87)
(a)
In any event Grantee shall at all times maintain:
(Prior code § 63051; added
by Ord. No. 1407CCS, adopted 4/28/87)
(a)
Non-Discrimination. Grantee shall not deny service, deny access,
or otherwise discriminate against subscribers, channel users, or general
citizens on the basis of sex, race, color, religion, ancestry, national
origin, age, handicap, pregnancy, marital status, family composition,
or the potential or actual occupancy of minor children. Grantee shall
comply at all times with all 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 ordinance by reference.
(b)
Fairness and Accessibility. The entire system of Grantee shall be
operated in a manner consistent with the principle of fairness and
equal accessibility of its facilities, equipment, channels, studios,
and other services to all citizens, businesses, public agencies, and
other entities having a legitimate use for the system, and no one
shall be arbitrarily excluded from its use. Allocation of use of said
facilities shall be made according to the rules or decisions of Grantee,
City in its lawful exercise of regulatory authority, and any state
or federal regulatory agencies affecting the same.
(Prior code § 63052; added
by Ord. No. 1407CCS, adopted 4/28/87)
(a)
It shall be the right of all subscribers to continue receiving service
insofar as their financial and other obligations to Grantee are honored.
In the event that Grantee elects to overbuild, rebuild, modify, or
sell the system, or City gives notice of intent to terminate or fails
to renew this franchise, Grantee shall act so as to ensure all subscribers
receive continuous, uninterrupted service.
In the event of a change of franchisee, or in the event a new
operator acquires the system, Grantee shall cooperate with City, new
franchisee, or operator in maintaining continuity of service to all
subscribers. During such period, Grantee shall be entitled to the
revenues for any period during which it operates the system, and shall
be entitled to reasonable costs for its services when it no longer
operates the system.
(b)
In the event Grantee fails to operate the system for seven consecutive
days without prior approval of City or without just cause, City may,
at its option, operate the system or designate an operator until such
time as Grantee restores service under conditions acceptable to City
or a permanent operator is selected. If City is required to fulfill
this obligation for Grantee, then during such period as City fulfills
such obligation, City shall be entitled to collect all revenues from
the system, and Grantee shall reimburse City for all reasonable costs
or damages in excess of the revenues collected by City that are the
result of Grantee's failure to perform.
(Prior code § 63053; added
by Ord. No. 1407CCS, adopted 4/28/87)
Grantee shall have the authority to promulgate such rules, regulations,
terms, and conditions governing the conduct of its business as shall
be reasonably necessary to enable Grantee to exercise its rights and
perform its obligations under the franchise and to assure an uninterrupted
service to each and all of its customers. Such rules regulations,
terms, and conditions shall not be in conflict with the provisions
hereof or applicable state and federal laws, rules, and regulations.
Such rules, regulations, terms and conditions shall be filed with
City.
(Prior code § 63054; added
by Ord. No. 1407CCS, adopted 4/28/87)
Every employee of Grantee or its construction contractors or
subcontractors shall be clearly identified with the name of Grantee
visible to the public as a representative of Grantee. Every service
vehicle of Grantee or its construction contractors or subcontractors
shall also be clearly marked. All letters and numbers on such vehicles
shall be at least three inches high. Grantee employees and agents
shall also wear an identification badge with the agent's name and
photograph.
(Prior code § 63055; added
by Ord. No. 1407CCS, adopted 4/28/87)
Throughout the terms of the franchise, Grantee shall conduct
its business as an Equal Opportunity Employer. In addition, throughout
the term of the franchise, Grantee shall maintain a policy that all
employment decisions, practices, and procedures are conducted without
discrimination in violation of state or federal law on the basis of
an individual's race, color, religion, age, sex, national origin,
or physical or mental handicap. Grantee's policy shall apply to all
employment actions including advertising, recruiting, hiring, promotion,
transfer, renumeration, selection for training, company benefits,
disciplinary action, lay-off, and termination. Grantee shall carry
out this policy through continued dedication to a determined and sustained
effort to provide equal employment opportunities.
(Prior code § 63056; added
by Ord. No. 1407CCS, adopted 4/28/87)
