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55-82 Agreement with Complexicable
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55-82 Agreement with Complexicable
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Last modified
5/14/2013 3:04:44 PM
Creation date
8/21/2003 7:22:35 AM
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Office Of Council
Document Type
Ordinances
Date
8/21/2003
Date Adopted
9/20/1982
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(b) <br /> <br />Property dam6ge insurance indemnifying, defending and saving <br />harmless the City, its offi~.~"~ boards, commissions, agents and <br /> employees from and against a~! claims by any person whatsoever <br />for property damage occasioned by the operation of the Company <br />under the franchise herein granted or alleged to have been so <br />caused or occured with a minimum liability of Two Hundred Fifty <br />Thousand Dollars ($250,000) for property damage to any one <br />person and Five Hundred Thousand Dollars ($500,000) for property <br />damage to two or more persons in any one occurrence. <br /> <br />(c) <br /> <br />One Million Dollars ($1,000,000) for all other types of liability <br />Such insurance shall be kept in full force and effect by the <br />Company during the existence of and until after the removal of <br />all poles, wires, cables, underground conduits, manholes, and <br />other conductors and fixtures incident to the maintenance and <br />operation of the Company as defined in the Franchise. <br /> <br />(d) <br /> <br />The Company shall also carry such insurance as it deems necessary <br />to protect it from all claims under the Workers' Compensation <br />Laws in effect that may be applicable to the Company. <br /> <br /> All of the foregoing insurance contracts shall be in the form <br />satisfactory to the City and shall be issued and maintained by companies <br />authorized to do business in the State of Ohio and acceptable to the City and <br />they shall require thirty (30) days written notice of any cancellation to both <br />the City and the Company herein, and a copy of said policy shall be filed with <br />the City. <br /> <br /> Section 7. At the time this franchise becomes effective, the Company <br />shall furnish a bond to the City in the amount of Fifty Thousand Dollars <br />($50,000) in such form and with such sureties as shall be acceptable to the <br />Director of Law of the City, guaranteeing the faithful performance of all the <br />obligations of the Company under the terms of this franchise. <br /> <br /> The Company's performance of its obligations under this franchise shall <br />be conditioned upon the Company's receiving such license and/or grants as may <br />be necessary to the performance of this ordinance, from duly constituted agencies <br />of the Federal government or the State of Ohio, which licenses and/or grants the <br />Company agrees to apply for immediately upon its acceptance of this ordinance. <br /> <br /> Section 8. Installation, operation and maintenance shall be such that <br />no interference is caused to existing communications systems and so as not to <br />distort or interfere with direct-off-the air television signals. If there is <br />any interference, which is not eliminated within seven days after notice by the <br />City, Council may, after twenty days's notice, revoke the franchise herein <br />granted. <br /> <br /> Section 9. By its acceptance of the Franchise, the Company agrees that <br />the City Council shall have the power, authority, and right to cause the Com- <br />pany's rates and charges to confirm to provisions hereof and for this purpose <br />the Council may deny increases or order reductions or such rates and charges when <br />it determines that in the absence of such action on its part, the Company's rates <br />and charges or proposed rates and charges will not conform to the provisions con- <br />tained herein. <br /> <br /> The rates and charges for television signals distributed hereinunder <br />shall be fair, reasonable, and non-descriminatory. The Company shall be allowed <br />to increase its rates only Sf it can demonstrate to the Council's satisfaction <br />that it cannot make a fair return on its investment without a rate increase. <br /> <br /> All fees and charges are exclusive of any tax or taxes whatsoever <br />assessed or assessable against the scheduled installations and/or services. <br /> <br /> <br />
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