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R2008-03 AUTHORIZING EXECUTION OF FRANCHISE AGREEMENT
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R2008-03 AUTHORIZING EXECUTION OF FRANCHISE AGREEMENT
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10/23/2015 2:30:39 PM
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Resolution/Ordinance
Res Ord Num
R2008-03
Res Ord Title
AUTHORIZING EXECUTION OF FRANCHISE AGREEMENT - COMCAST OF ILLINOIS/INDIANA/OHIO, LLC
Approved Date
1/22/2008
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r ..• � . <br /> A <br /> Capital Fee for the City's noncommercial PEG channels in accordance with Section 5; or <br /> (C) if Comcast does not provide Cable Service in accordance with Section 6; <br /> 2. Mandate specific performance of any provision that reasonably lends itself <br /> to such remedy as an alternative to damages; <br /> 3. Seek other equitable relief as permitted by law; or <br /> 4. In the case of a substantial default of a material provision of the Franchise, <br /> declare the Franchise Agreement to be revoked in accordance with the following: <br /> (i) The City shall give written notice to Comcast of its intent to revoke <br /> the Franchise on the basis of a pattern of noncompliance by Comcast with a <br /> material provision of the Franchise. The notice shall set forth with specificity the <br /> exact nature of the noncompliance. Comcast shall have ninety (90) days from the <br /> receipt of such notice to object in writing and to state its reasons for such <br /> objection. In the event the City has not received a response from Comcast or <br /> upon receipt of the response does not agree with Comcast's proposed remedy, it <br /> may then seek revocation of the Franchise at a public hearing. The City shall <br /> cause to be served upon Comcast, at least ten (10) days prior to such public <br /> hearing, a written notice specifying the time and place of such hearing and stating <br /> its intent to revoke the Franchise. <br /> (ii) At the designated hearing, the City shall give Comcast an <br /> opportunity to state its position on the matter, present evidence and question <br /> witnesses, after which it shall determine whether or not the Franchise shall be <br /> terminated. The City shall have the option, in its sole discretion, to refer the <br /> handling of the public hearing to a neutral hearing officer to prepare <br /> recommended written findings of fact for consideration by the City. The public <br /> hearing shall be on the record and a written transcript shall be made available to <br /> Comcast within ten (10) business days. The decision of the City shall be in <br /> writing and shall be delivered to Comcast by certified mail. Comcast may appeal <br /> such determination to an appropriate court in the accordance with Section 31. <br /> In all cases other than revocation of this Agreement, Comcast shall have the right, within <br /> thirty (30) days of the City's final decision regarding enforcement of this franchise, to appeal <br /> said decision to a court of competent jurisdiction in accordance with Section 31. <br /> 20. Reservation of Rights. <br /> 20.1 The right is hereby reserved to the City to adopt and enforce, in addition to the <br /> terms, conditions and provisions contained in this Agreement and in otherwise existing <br /> applicable ordinances, such ordinances, rules and regulations as it shall find necessary or <br /> desirable in the exercise of its police powers; provided, that such ordinances, rules and <br /> regulations shall be reasonable and shall not be in material conflict with the rights herein granted. <br /> 13 <br /> 1043854v2 <br />
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