Duarte Municipal Code Art. XIV Miscellaneous Provisions

The section and subsection numbers and captions throughout this chapter are intended to facilitate reading and reference. Such numbers and captions shall not affect the meaning or interpretation of any part of this chapter.

(Ord. 646 § 17.1, 1988)

A franchise which cites, refers to, or otherwise incorporates this entire chapter or portions thereof shall be deemed to be a franchise issued under, subordinate to, and subject to this chapter. Such a franchise may employ, as sufficient for citation, reference, or incorporation the section or subsection number and caption hereof, followed by a statement of the detail specification, or requirement of the franchise pursuant to such reference.

(Ord. 646 § 17.2, 1988)

When not otherwise prescribed herein, all matters herein required to be filed with grantor shall be filed with the grantor's official or agency as designated by grantor.

(Ord. 646 § 17.3, 1988)

A grantee shall not be relieved of its obligation to comply with any of the provisions of this chapter, or of its franchise or any law or regulation, by reason of any failure of the grantor to force prompt compliance. Grantor shall notify grantee of any alleged defaults prior to enforcement thereof. Failure to give notice of a default within thirty days of discovery by grantor thereof waives that particular default but not identical subsequent defaults.

(Ord. 646 § 17.4, 1988)

It shall be the right of all subscribers to receive all available services within the obligations of the franchise insofar as their financial and other obligations to the grantee are honored. In the event that the grantee elects to rebuild, modify, or sell the system, the grantee shall ensure that all subscribers receive continuous, uninterrupted service regardless of the circumstances. In the event of purchase by the grantor, or a change of grantee, the current grantee shall cooperate with the grantor to operate the system for a temporary period, to maintain continuity of service to all subscribers. In the event that grantee, through its own fault, discontinues system-wide service for seventy-two continuous hours and grantee is in material breach of its franchise or said franchise is revoked by grantor, but not if grantor fails to renew said franchise, grantor may, by resolution when it deems reasonable cause exists, assume operation of a system for the purpose of maintaining continuity of service until any circumstances which may, in the judgment of the grantor, threaten the continuity of service are resolved to grantor's satisfaction.

(Ord. 646 § 17.5, 1988)

During any period when the system is being operated by grantor pursuant to Section 5.86.495, grantor shall attempt to cause as little disruption of operations as is consistent with the maintenance of continuing service to subscribers. Notwithstanding the foregoing, grantor shall, as it may deem necessary, make any changes in any aspect of operations desirable, in grantor's sole judgment, for the preservation of quality of service and its continuity. Grantor shall further, during any such period, maintain to the best of its ability the system's records, physical plant, financial integrity and funds, and other details and activities normally involved in operations.

(Ord. 646 § 17.6, 1988)

Grantor may, upon assuming operation of a system franchised hereunder, appoint a manager to act for it in the overall as well as detailed direction and conduct of the system's affairs. Such manager shall have the authority delegated to him by grantor and shall be solely responsible to grantor for management of the system. Grantee shall reimburse grantor for all its reasonable costs or damages in excess of system revenues during grantor operation if the franchise is in full force and effect during the period of grantor operation.

(Ord. 646 § 17.7, 1988)

All notices and other communications to grantee shall be addressed to it and at the address within the franchised area at which grantee conducts its business. All notices and other communications to grantor shall be addressed to it at its published address for receipt of public communications.

(Ord. 646 § 17.8, 1988)

In the event grantee's performance of any of the terms, conditions, obligations, or requirements of this chapter or any franchise granted hereunder, is prevented or impaired due to any cause beyond its reasonable control and not reasonably foreseeable, such inability to perform shall be deemed to be excused, and no penalties or sanctions shall be imposed as a result thereof. Such causes beyond grantee's reasonable control and not reasonably foreseeable shall include, but not be limited to, any acts of God, civil emergencies, labor unrest, strikes, inability to obtain gratis access to an individual's property, and any inability of the grantor to secure all necessary permissions or permits to utilize necessary poles or conduits so long as grantee utilizes due diligence to timely obtain said permissions or permits.

(Ord. 646 § 17.9, 1988)

Unless provided otherwise in the franchise agreement, by accepting a franchise issued pursuant to this chapter, grantee does not waive the right to attack the legality of this chapter, or any subsection thereof, or any action taken pursuant thereto in any subsequent administrative or judicial proceeding.

(Ord. 646 § 17.10, 1988)