§ 26-57. Rights reserved by the city.

(a)

Any franchise granted pursuant to this chapter shall be subject to the right of the city, by resolution of the city council, to revoke the franchise for just cause. Just cause shall include, without limitation:

(1)

A violation by grantee of any material provision of the franchise agreement or this chapter, where such violation shall remain uncured pursuant to the terms and conditions of the franchise agreement.

(2)

Any attempt by grantee to dispose of any of the facilities or property of the system in contravention of the franchise agreement.

(3)

The commission of any fraud or deceit upon the city.

(4)

Any other ground for termination and/or revocation provided for in the franchise agreement.

(b)

Any franchise granted hereunder shall be subject to all applicable provisions of other city chapters, and any amendments thereto, whether made prior to or after the inception of the franchise.

(c)

Any franchise granted hereunder shall be subject to the following additional requirements:

(1)

The establishment of proper and adequate extension of plants and service and maintenance thereof at the highest practicable standard of efficiency, subject to the terms and provision of the franchise agreement.

(2)

The establishment of reasonable standards of service and quality of products, and to prevent unjust discrimination in service or rates pursuant to the terms and provision of the franchise agreement, subject to applicable law.

(3)

The establishment of continuous and uninterrupted service to the public in accordance with the terms of the franchise throughout the entire period thereof.

(4)

The imposition of such other regulations as may be determined by the city council to be conducive to the health, safety, welfare and accommodation of the public.

(5)

Through its appropriately designated representative, the inspection of all construction or installation work performed subject to the provisions of the franchise and this chapter, and make such inspections as it shall find necessary to ensure compliance with the terms of the franchise agreement, this chapter and other pertinent provisions of law.

(6)

Subject to the terms and provisions of the franchise agreement, at the expiration, termination or cancellation of the term, the grantee shall remove at grantee's sole expense any and all portions of the overhead system from the public ways within the city, except that grantee may abandon its facilities in place, only with the city's written consent in advance. Subject to the terms and provisions of the franchise agreement, the grantee shall not remove underground facilities without the city's consent in advance.

(7)

To require grantee to safeguard and keep private all individual home subscriber information.

(Ord. No. 642, 5-17-99)