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• ~ CITY OF NL~!rH OLMSTED ~~
<br />.~ ORDINANCE N0. 80-29 ~ ,
<br />PAGE 20
<br />•• ordinance. In the event the revocation as proposed in said ordi-
<br />nance depends upon a finding of fact, such finding of fact as made
<br />by the City Council in writing after the hearing provided for, if
<br />requested by the Grantee, shall be conclusive,
<br />(c) The Grantee shall not be declared in default nor be sub-
<br />ject to any sanction under any provision of this Section in any
<br />case in which the performance of such provision is prevented for
<br />reasons beyond its control.
<br />SECTION 26: FORECLOSURE
<br />Upon the foreclosure or other judicial sale of all or a sub-
<br />stantial part of the system, or upon the termination of any lease
<br />covering all or a substantial part of the system, the Grantee shall
<br />immediately notify the City of such fact, and such notification
<br />shall be treated as a notification that a change in control of
<br />the Grantee has taken place, and the provisions of Section 23 of
<br />this Ordinance governing the consent of the Council to such change
<br />in control of the Grantee shall apply.
<br />SECTION 27: RECEIVERSHIP
<br />The Council shall have the right to cancel this franchise
<br />one hundred and twenty (120) days after the appointment of a re-
<br />ceiver or trustee to take over and conduct the business of the
<br />Grantee, whether in receivership, reorganization, bankruptcy,
<br />or other action or proceeding, unless such receivership or trustee-
<br />ship shall have been vacated prior to the expiration of said one
<br />hundred and twenty (120) days or unless:
<br />(a) Within one hundred and twenty (120) days after his
<br />election or appointment, such receiver or trustee shall have fully
<br />complied with all the provisions of this Ordinance and remedied all
<br />defaults thereunder; and
<br />(b) Such receiver or trustee, within said one hundred and
<br />twenty (120) days, shall have executed an agreement, duly approved
<br />by the court having jurisdiction in the premises, whereby such
<br />receiver or trustee assumes and agrees to be bound by each and
<br />every provision of this Ordinance and the franchise granted to
<br />the Grantee.
<br />SECTION 28: CONTINUITY OF SERVICE MANDATORY
<br />It shall be the right of all subscribers to receive all
<br />available services insofar as their financial and other obliga-
<br />tions to the Grantee are honored. In the event that the Grantee
<br />elects to overbuild, rebuild, modify or sell the system, or the
<br />Council teminates or fails to renew this franchise, the Grantee
<br />shall do everything in its power to ensure that all subscribers
<br />receive continuous, uninterrupted service regardless of the cir-
<br />cumstances. In the event of a change of grantee, the current
<br />Grantee shall cooperate with the City to operate the system for
<br />a temporary period in maintaining continuity of service to all
<br />subscribers.
<br />SECTION 29: RIGHTS OF INDIVIDUALS
<br />(a) Grantee shall not deny service, deny access, nor other-
<br />wise discriminate against subscribers, channel users, or general
<br />citizens on the basis of race, color, religion, national origin
<br />or sex. Grantee shall comply at all times with all other applic-
<br />able federal, state and local laws and all executive and adminis-
<br />trative orders relating to non-discrimination.
<br />(b) Grantee shall not refuse to hire or employ, nor bar or
<br />discharge from employment, nor discriminate against any person in
<br />compensation or in terms, conditions or privileges of employment
<br />because of age, race, creed, color, national origin, or sex.
<br />Grantee shall strictly adhere to the Equal Employment Opportunity
<br />requirements of the F.C.C. as expressed in the cable television
<br />Rules, 47 C.F.R. 76.311, and as amended from time to time.
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