Poway Municipal Code Art. VIII Rights Reserved to the Grantor

The grantor may, if and to the extent permitted by applicable laws and regulations, in any lawful manner and upon the payment of compensation as required and determined by applicable law, lawfully purchase, condemn, acquire, and take over and hold the franchise, the property and plant of the grantee in whole or in part; provided, however, that nothing in this section shall create or be construed to create any such rights in grantor (including any right of first refusal) in addition to or different from those, if any, created by applicable laws and regulations.

(Ord. 129 § 10.1, 1984; Ord. 298 § 1, 1989)

The grantee shall provide such information which shall show the following in such form as may be required by the grantor.

A. 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.

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

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

D. The grantor shall have the right to inspect all books, records, maps, plans, financial statements, and other like materials of the grantee during normal business hours which are reasonably related to the grantor’s regulating powers and functions hereunder. The grantor may inspect all such records required in this section at the offices of the grantee and the grantee shall make the records mentioned in this chapter available to the grantor. If the grantor needs copies of such information in order to complete its examination of the grantee’s operation, the grantee may make available such copies of the books and reports that the grantor is requesting in order to complete the grantor’s examination of the grantee’s operation. Immediately upon completion of such review, the grantor shall return all such materials to the grantee.

(Ord. 129 § 10.2, 1984; Ord. 298 § 1, 1989)

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 the chapter and other pertinent provisions of law.

(Ord. 129 § 10.3, 1984; Ord. 298 § 1, 1989)

The grantor shall have the right of intervention in any suit or proceeding to which the grantee is party, and to which the outcome might materially affect cable service in the City, and the grantee shall not oppose such intervention by the grantor.

(Ord. 129 § 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. 129 § 10.5, 1984; Ord. 298 § 1, 1989)