Chino Municipal Code Art. IX Rights of Grantor

A. The grantor may in any lawful manner and upon the payment of a fair valuation lawfully ascertain, purchase, condemn, acquire, take over and hold the property and plant of the grantee in whole or in part; if such purchase or taking over be upon revocation of the franchise or at the expiration of the term of the franchise, such valuation shall be as provided for in applicable law.

B. The grant of any franchise shall in no way be deemed or construed to impair or affect in any way the right of the city to acquire the property of the grantee through the exercise of eminent domain.

(Ord. 85-17 (part), 1985; Ord. 84-37 § 10.1, 1984.)

A. There shall be kept in the grantor's office a separate record for the franchise, which record shall show the things set forth in this section. The grantee shall provide such information in such form as may be required by the grantor for said records.

1. The true and entire cost of construction equipment, of maintenance and of the administration and operation thereof; the amount of stock issued, if any; the amount of cash paid in, the number of par value of shares, the amount and character of indebtedness, if any; the rate of taxes, the dividends declared; the character and amount of all fixed charges; the allowance, if any, for interest, for wear and tear or depreciation; all amounts and sources of income;

2. The amount collected annually from the grantor treasury and the character and extent of the service rendered therefor to the grantor;

3. The amount collected annually from other users of service and the character and extent of the service rendered therefor to them;

B. The books of records kept by the grantor shall be open to public examination at any time during the business hours of the grantor's office. The information, in addition to any further data which may be required by the grantor, shall be furnished by the grantee to the grantor upon request, and at the grantee's own cost and expense.

C. The grantor shall have the right to inspect all books, records, maps, plans, income tax returns, financial statements, and other like material of the grantee at any time during normal business hours.

(Ord. 84-37 § 10.2, 1984.)

The grantor shall have the right to inspect all construction or installation work performed subject to the provisions of the franchise and to make such tests as it shall find necessary to ensure compliance with the terms of this franchise and other pertinent provisions of law.

(Ord. 84-37 § 10.3, 1984.)

The grantor shall have the right of intervention in any suit or proceeding to which the grantee is party, and the grantee shall not oppose such intervention by the grantor.

(Ord. 84-37 § 10.4, 1984.)

At the expiration of the term for which the franchise is granted, or upon its revocation or expiration, as provided for herein, the grantor shall have the right to require the grantee to remove, at its own expense, all portions of the cable communications system from all streets and public ways within the franchise area.

(Ord. 84-37 § 10.5, 1984.)