Ordinance 99-66 - Laserfiche WebLink

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The City will conduct periodic performance evaluations of a franchisee as the City determines is necessary. A franchisee shall cooperate with these evaluations reasonably and in good faith. If the City implements a survey of cable subscribers in connection with a performance evaluation, the City may require a franchisee to distribute the City's questionnaire to its subscribers at the City's expense. Upon request and upon reimbursement of the City's copying costs, the franchisee may receive copies of all responses. Sec. 26. Administration. (a) The City Manager, either directly or through a duly appointed designee, shall have the responsibility for overseeing the day-to-day administration of this article and franchise agreements. The City Manager shall be empowered to take all administrative actions on behalf of the City, except for those actions specified in this article that are reserved to the City Commission. The City Manager may recommend that the City Commission take certain actions with respect to the franchise The City Manager shall keep the City Commission apprised of developments in cable and provide the City Commission with assistance, advice and recommendations as appropriate. (b) Subject to Federal and State law, the City Commission shall have the sole authority to regulate rates for cable services, grant franchises, authorize the entering into of franchise agreements, modify franchise agreements, renew or deny renewal of franchise, revoke franchise and authorize the transfer of a franchise. Sec. 27. Force majeure. In the event a franchisee's performance of or compliance with any of the provisions of this article or the franchisee's franchise agreement is prevented by a cause or event not within the franchisee's control, such inability to perform or comply shall be deemed excused and no penalties or sanctions shall be imposed as a result thereof, provided, however, that franchisee uses all practicable means to expeditiously cure or correct any such inability to perform or comply. For purposes ofthis article and any franchisee agreement granted or renewed hereunder, causes or events not within a franchisee's control shall include, without limitation, acts of God, floods, earthquakes, landslides, hurricanes, fires and other natural disasters, acts of public enemies, riots or civil disturbances, sabotage, strikes and restraints imposed by order of a governmental agency or court. Causes or events within franchisee's control, and thus not falling within this section shall include, without limitation, franchisee's financial inability to perform or comply, economic hardship and misfeasance, malfeasance or nonfeasance by any of franchisee's directors, officers, employees, contractors or agents. Sec. 28. Applicability. (a) This article shall be applicable to all cable systems now existing in the City on the date hereof and to all applicants for cable franchises, to the full extent permitted by Federal and state law. Cable Ordinance -40-