No Discrimination in Employment. In connection with the performance of work under this franchise, the grantee agrees not to refuse to hire, discharge, promote or demote, or discriminate in matters of compensation against any person otherwise qualified, solely because of race, color, religion, national origin, gender, age, military status, sexual orientation, marital status, or physical or mental disability; and the grantee further agrees to insert the foregoing provision in all subcontracts hereunder. Throughout the term of this franchise, grantee shall fully comply with all equal employment or nondiscrimination provisions and requirements of federal, State and local laws, and in particular, FCC rules and regulations relating thereto.
Throughout the term of the franchise, each party shall maintain and file with the other a local address for the service of notices by mail. All notices shall be sent postage prepaid to such respective address and such notices shall be effective upon the date of mailing. These addresses may be changed by the City or the grantee by written notice at any time. At the effective date of this franchise:
Grantee’s address shall be:
BRESNAN COMMUNICATIONS LLC
c/o General Manager
2502 Foresight Circle
Grand Junction, Colorado 81505
With a copy to:
BRESNAN COMMUNICATIONS LLC
c/o 1 Manhattanville Road
Purchase, New York 10577
Attention: Legal Department
The City’s address shall be:
City of Grand Junction
c/o City Manager
250 N. 5th Street
Grand Junction, Colorado 81501
With a copy to:
City of Grand Junction
c/o City Attorney
250 N. 5th Street
Grand Junction, Colorado 81501
The headings and titles of the sections and subsections of this franchise are for reference purposes only, and shall not affect the meaning or interpretation of the text herein.
Grantee shall reimburse the City for all publication and election costs of this franchise.
This franchise shall be binding upon the parties hereto, their permitted successors and assigns.
Nothing herein shall be deemed to create a joint venture or principal-agent relationship between the parties, and neither party is authorized to, nor shall either party, act toward third persons or the public in any manner that would indicate any such relationship with the other.
The failure of the City at any time to require performance by the grantee of any provision hereof shall in no way affect the right of the City hereafter to enforce the same. Nor shall the waiver by the City of any breach of any provision hereof be taken or held to be a waiver of any succeeding breach of such provision, or as a waiver of the provision itself or any other provision.
Whenever under this franchise “reasonableness” is the standard for the granting or denial of the consent or approval of either party hereto, such party shall be entitled to consider public and governmental policy, moral and ethical standards as well as business and economic considerations.
This franchise and all exhibits represent the entire understanding and agreement between the parties hereto with respect to the subject matter hereof and supersede all prior oral negotiations between the parties.
At any time during the term of this franchise, the City, through its City Council, or the grantee may propose amendments to this franchise by giving 30 days’ written notice to the other of the proposed amendment(s) desired and both parties thereafter, through their designated representatives, will negotiate within a reasonable time in good faith in an effort to agree on mutually satisfactory amendment(s).
The rights, privileges, franchises and obligations granted and contained in this ordinance shall inure to the benefit of and be binding upon Bresnan Communications Company, its successors and assigns.
Nothing contained in this franchise shall be construed to provide rights to third parties.
Should any one or more provisions of this franchise be determined to be illegal or unenforceable, all other provisions nevertheless shall remain effective; provided, however, the parties shall forthwith enter into good faith negotiations and proceed with due diligence to draft a term that will achieve the original intent of the parties hereunder.
This franchise constitutes the entire agreement of the parties. There have been no representations made other than those contained in this franchise. Any and all provisions of the Charter in effect at the time of approval of this franchise are incorporated and made operative by this reference as if fully set forth.
This grant of franchise shall not become effective unless approved by a majority vote of the City Council.
The grantee shall file with the City Clerk its written acceptance of this franchise and of all of its terms after the adoption of this franchise by the City Council. The acceptance shall be in form and content approved by the City Attorney.
This grant of franchise shall not become effective unless approved by a majority vote of the qualified electors of the City voting thereon at the regular election to be held on a date to be hereinafter established by the City Council.
Upon the effective date of this franchise, the revocable permit granted to the predecessors of the grantee shall be terminated and of no further force and effect.
IN WITNESS WHEREOF, this franchise ordinance is signed in the name of the City of Grand Junction, Colorado this 8th day of November, 2005.
ATTEST:
CITY OF GRAND JUNCTION, COLORADO:
/s/ Stephanie Tuin
______________________________
Stephanie Tuin
City Clerk
/s/ Bruce Hill
______________________________
Bruce Hill
Mayor
APPROVED AS TO FORM:
/s/ John P. Shaver
______________________________
John P. Shaver
City Attorney
UNCONDITIONAL ACCEPTANCE OF FRANCHISE
The undersigned, Bresnan Communications, hereby accepts this franchise passed and adopted by the City of Grand Junction pursuant to People’s Ordinance No. 36 and approved by the electorate on April 5, 2005 and does hereby unconditionally agree that it will comply with and abide by all the provisions, terms and conditions of the franchise, subject to applicable federal, State and local law, and that as written and to the best of its knowledge, all terms of the franchise are consistent with federal, State and local law, as existed on the date this acceptance is signed.
Accepted and approved this 3rd day of November, 2005.
BRESNAN COMMUNICATIONS
/s/ Robert Bresnan
_______________________________________
Title: Senior Vice President of Its Manager