Ione Municipal Code Art. XV Miscellaneous Provisions

When not otherwise prescribed herein, all matters herein required to be filed with the city shall be filed with the city clerk.

(Ord. 320 § 17.1, 1991)

Grantee shall, without charge, fully wire within thirty days and provide all basic services of its system, including a multiple connection service, to all public and nonprofit private schools, city police and fire stations, city recreation centers, and such other buildings owned or controlled by the city, which shall from time to time be designated by the city; provided, that such buildings shall be located within the franchise territory. Additionally, the grantee shall, as a condition of any grant of a franchise hereunder, provide a variety of facilities, channel(s) on the system, and equipment for public, educational and governmental ("PEG") purposes as outlined in the franchise agreement.

(Ord. 320 § 17.2, 1991)

In the case of any emergency or disaster, the grantee shall upon request of the city manager, make available its facilities to the city for emergency use during the emergency or disaster period. The grantee shall upon the city's request provide advance orientation and guidance regarding the use of its facilities in an emergency or disaster.

(Res. 1582 § 2(part), 2007; Ord. 320 § 17.3, 1991)

The grantee shall maintain a toll-free number which subscribers may call without incurring added message or toll charges so that cable system maintenance service shall be promptly available to subscribers.

(Ord. 320 § 17.4, 1991)

Subject to the line extension provisions in the franchise agreement, no person, firm, or corporation in the franchise territory shall be arbitrarily refused service; provided, however that the grantee shall not be required to provide service to any subscriber who does not pay the applicable connection fee or monthly service charge, or who does not pay at the time of request for service any amount legally owed to grantee for connection or monthly service.

(Ord. 320 § 17.5, 1991)

Before grantee shall provide service to any subscriber, grantee shall obtain a signed contract from the subscriber containing a provision substantially as follows:

Subscriber understands that in providing service Grantee is making use of public rights-of-way within the City of Ione, and that the continued use of these public rights-of-way is in no way guaranteed. If the continued use of such rights-of-way is denied to Grantee for any reason, Grantee will make every reasonable effort to provide service over alternate routes. Subscriber agrees he will make no claim nor undertake any action against the City, its officers, its employees, or Grantee if a service to be provided by Grantee hereunder is interrupted or discontinued because the continued use of such rights-of-way is denied to Grantee for any reason.

The form of grantee's contract with its subscribers shall be subject to approval of the city with respect to the inclusion of this provision.

(Ord. 320 § 17.6, 1991)

Should grantee become dissatisfied with any material decision or ruling of the city pertaining to cable communications matters, grantee may pursue such other remedies as are available, including the bringing of action in any court of competent jurisdiction for breach of contract and damages.

(Ord. 320 § 17.7, 1991)