§ 13. City rights  


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  • (a) Nothing herein shall be deemed or construed to impair or affect, in any way, to any extent, the right of the City to acquire the property of the grantee by purchase, termination, or through the exercise of the right of eminent domain. Upon non-renewal or termination of the franchise, the City shall have the right to purchase the system at a fair and just value, which shall not include any amount for the franchise itself or for any of the rights or privileges granted, and considering the harm to the community arising from actions of Grantee's resulting in non-renewal or termination. The price of purchase shall be the fair market value determined by standard appraisal provisions established by two independent appraisers. If the price set by the appraisers differs by less than 10%, the price shall be determined by an average of the two. If the price set by the appraiser differs by more than 10%, a third independent appraiser, appointed by the two and acceptable to both Grantee and City, shall make an appraisal and the three prices averaged to determine the purchase price. Nothing herein contained shall be construed to contract away or to modify or abridge, either for a term or in perpetuity, the City's right of eminent domain, to the extent applicable under appropriate federal and state laws.

    (b) There is hereby reserved to the City every right and power which is required to be reserved or provided by any ordinance of the City of general applicability, and the Grantee, by its acceptance of this franchise, agrees to be bound thereby and to comply with any action or requirements of the City in its exercise of such rights or power, heretofore or hereafter enacted or established.

    (c) Neither the granting of this franchise nor any of the provisions contained herein shall be construed to prevent the City from granting any identical, or similar, franchise to any other person, firm or corporation, within all or any portion of the City. In the event the City enters into a cable television franchise with any other party, which franchise contains terms more favorable or less burdensome to such party than the provisions of the Grantee's Franchise, including but not limited to, franchise fees, access channels, financial commitment to the City, or universal service requirements, then, upon written notice to the City delivered by the Grantee not less than thirty (30) days after the City grants such other franchise, the City and the Grantee shall commence attempting to reach a mutually acceptable, good faith determination that any such term is more favorable or less burdensome. In the event that such mutually acceptable determination is reached by the City and the Grantee, then this ordinance shall be amended to include such provisions. In the event that no such determination is reached, the Grantee shall continue to comply with the terms and conditions of this Franchise to the extent reasonably possible. In the event that Grantee fails to give timely notice to the City as provided hereinabove, all rights of Grantee under this paragraph shall immediately cease and terminate.

    (d) Neither the granting of this franchise nor any provision hereof shall constitute a waiver or bar to the exercise of any governmental right or power of the City.

    (e) When the City has reason to believe that the signals being received by individual subscribers do not meet the Federal Communications Commission standards (as set forth in 47 CFR § 76.605(a)(1) to (a) (10) or as enumerated therein until substitute standards are agreed by the parties in the event of repeal of said sections) for such signals, on request of the City, Grantee will conduct tests of its system to these individual subscribers to determine whether the signals received by these subscribers comply with these standards. Should such tests indicate noncompliance with this section grantee will immediately take such steps as are required to meet said standards and will furnish to the City test results proving compliance with these standards in either event. The Grantee shall measure system performance at least annually, bring any deviations from the standards to the City's attention, and advise the City of a timetable and plan of action for correcting observed deficiencies.

    (f) The City shall have the right to receive basic cable service at buildings and locations owned or operated by the City or its boards and agencies without charge for installation or service. This service shall be provided at those locations now served or those hereafter reasonably requested for service in writing by the City Manager.