Ione Municipal Code Art. XIV Operational Standards, Evaluation Sessions

The cable system shall meet all technical and performance standards contained in the franchise agreement and within one hundred twenty calendar days following the seventh year's anniversary date following the date of filing of the certificate of acceptance of the franchise, the grantee and the city shall conduct evaluation sessions for the purpose of evaluating the grantee's performance in meeting the requirements of the cable television franchise as set forth in this chapter and for the purpose of increasing the efficiency and effectiveness of the system to meet community needs and consumer demand.

(Ord. 320 §16(part), 1991)

The evaluation sessions may be conducted during public hearings held by the city or by an advisory or other committee appointed by the city council. Any and all requirements of this chapter may be reviewed and performance evaluated, and all sections in this chapter that are subject to revision so long as in accordance with state and federal law, as may be amended from time to time. Topics discussed at such sessions may include, but shall not be limited to, service rate structures, franchise fees, free and discounted services, community access programming facilities and services and the funding thereof, public and educational access facilities and programming, system interconnection, insurance and indemnity provisions, grantee or city rules and regulations; and shall include any topic which the grantee, city or members of the public request to be discussed. It is anticipated that any franchise granted hereunder shall be amended following this evaluation.

(Ord. 320 §16(part), 1991)

Should the state of California or any agency thereof, the United States or any federal agency thereof, or any state or federal court legally allow either the city or the grantee to act in a manner which is inconsistent with any provisions of this chapter or the franchise agreement granted hereunder, the city shall be authorized to determine whether a material provision of the franchise agreement or this chapter is affected in relation to the rights or benefits conferred by the franchise agreement and this chapter. Upon such determination, the city and the grantee shall negotiate in good faith to modify or amend the ordinance codified in this chapter and the franchise agreement to such extent as may be necessary to carry out the full intent and purposes of the change in law in relation to the rights and benefits of the city or the public.

(Ord. 320 § 16(part), 1991)