80-029 Ordinance - Laserfiche WebLink

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K. ~ ,~ . _ CITY OF ,NORTH (,MSTED ORDITIANC'E NO. .-29 PAGE 9 (3) The cable system shall meet all performance criteria over the ambient temperature range prevailing in the franchise area from the normal daily minimum temperature in. February to the normal daily maximum temperature in August. SECTION 13: CONSTRUCTION SCHEDULE (a) Upon accepting the franchise, Grantee shall, within thirty (30) days, file the documents required to obtain all necessary federal, state and local licenses, permits and authorizations required for the conduct of its business, and shall upon request of the City submit reports to the Mayor on progress in this respect until all documents are in hand. (b) Construction of the system shall commence within six (6) months after the effective date of the franchise. At the request of the Grantee, the City Council shall extend such time limitation for good cause shown. (c) Construction and installation of the system shall be completed, as presented in Grantee's application, within eighteen (18) months of the authorized date that construction commences. Council shall extend such time limitation for good cause shown. SECTION 14: RENTAL PROPERTIES To the extent that the provisions contained in this Section are con- sistent and not in conflict with Chapter 5321 of the Ohio Revised Code, the following shall apply: No landlord shall unreasonably interfere with the installation of cable television facilities upon his or her property or premises requested by lawful tenant except that a landlord may require: (1) That the installation of cable television facilities conform to such reasonable conditions as are necessary to protect the safety, functioning and appearance of the premises, and the convenience and well-being of other tenants; (2) That the Grantee or the tenant or a combination thereof bear the entire cost of the installation, operation or removal of such facilities; and (3) That the Grantee and the tenant agree to indemnify the land- lord for any damage caused by the installation, operation or removal of such facilities. SECTION 15: FRANCHISE FEES (a) The Grantee herein shall pay to the City for the use of the streets and other facilities of the City in the operation of the Cable Television System and for the municipal supervision thereof during the life to the franchise a sum equal to three (3%) of the annual gross revenues of the Grantee. The City also .reserves the right to renegotiate Franchise Fees every two (Z) years should it desire with 60 days advance notification to Grantee. City Council may, however, by Ordinance, impose a fee in excess of 3%, but not more than the maximum of gross revenues established by The Federal Communications Commission (F.C.C.) regarding gross subscribed revenues received from Grantee operations in the City provided that the FCC,-certifies, after appropriate showing is made by the Grantee that a franchise fee in excess of 3% will not interfere with the effectuation of Federal Regulatory Goals in the field of cable systems; and after approp- riate showings made by the City Council that the franchise fee in excess of 3%, is appropriate in light of the City's planned Regulatory Program for Cable Television System. The Grantee shall file with the City within thirty (30) days after the expiration of each of the Grantee's fiscal quarters a financial statement clearly showing the gross revenues received by the Grantee during the preceding quarter. Payment of the quarterly portion of the franchise fee shall be rendered to the City at the time such statement is filed. The Grantee shall also file, within ninety (90) days following the conclusion of each fiscal year of the Grantee, an annual report pre- pared and audited by an officer of the Grantee showing the yearly total gross revenues, franchise payments made to the City, and any further relev- ant financial information with regard to the Grantee as may be required by the Mayor.. ~(b) In the event this franchise should be terminated or forfeited prior to the end of the basic fifteen (15) year term, the Grantee shall immediately submit to the City a financial statement prepared as before required showing the gross revenue fo the Grantee for the time elapsed since the last quarter for which the Grantee has paid to the City the required percentage of gross annual revenues. The Grantee shall pay to the City not later than thirty (30) days following the termination of the franchise a like percentage of such gross revenue.