[R.O. 1991 § 615.190; Ord. No. 1607 § 18, 3-21-1995]
A.
Time Is Of The Essence. Whenever this Chapter
or a separate franchise agreement sets forth any time for any action
to be performed by, or on behalf of, the operator, such time shall
be deemed of the essence.
B.
Filing Communications With Regulatory Agencies.
Upon the written request of the City or an operator during a calendar
year, copies of all petitions, applications and communications submitted
during that year by an operator or the City to the FCC, or any other
Federal or State regulatory agency having jurisdiction in respect
to any matter directly affecting cable television operations, if not
otherwise provided to the other party, addressing matters of technical
conditions of the cable communications system, consumer protection
or consumer relations matters, shall also be submitted to the other
party, the City or the operator, simultaneously with the filing with
the government agency. In addition, copies of all responses from the
regulatory agencies to the party submitting the documents shall be
furnished to the other party.
C.
Access To Records. In addition to access
to the records of an operator for financial audits, an operator shall
provide reasonable access to records necessary to verify compliance
with the terms of this Chapter and any franchise agreement.
D.
Non-Enforcement By City. An operator shall
not be relieved of its obligation to comply with any of the provisions
of this Chapter or a separate franchise agreement by reason of any
failure of the City to enforce prompt compliance.
E.
Use Of Independent Contractors. An operator
shall inform its independent contractors and subcontractors of their
obligation to follow all applicable laws.
F.
Titles. Titles to Sections and Subsections
of this Chapter and any separate franchise agreement are provided
for ease of locating information within this Chapter or separate franchise
agreement. A title shall not be deemed to change or alter the meaning
of any Section or Subsection. The language of each Section and Subsection
shall control its interpretation.
G.
Conflicting Provisions. Specific provisions
of the ordinance or any separate franchise agreement in conflict with
any ordinance, or part of any ordinance of a general nature, shall
apply.
H.
Periodic Review. An operator and the City
shall from time to time, but in no event less than every three (3)
years, meet to review the terms of this Chapter and any separate franchise
agreement and to identify and resolve any problems resulting therefrom.
If modification of this Chapter or any separate franchise agreement
is deemed necessary, it shall be in accordance with the modification
provisions contained in such ordinance or separate franchise agreement.
