Agenda - Council - 09/27/1983 - Laserfiche WebLink

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I I I I I I I I I I I I I I I I I I Memurandum ~eoterff)er 15, 1983 Page Ei~fht Artiele XlI. Section 1. Section 5. General Provision on Rights and ReTedies Ae All rights and remedies given to City by this Franchise shall be in addition to and m~mlativewith any and all other rights or reme- dies, existing or implied, now or hereafter available to City at law or in equity, and such rights and r~nedies shall not be exclu- sive, but each and every right and ra-nedy specifically given by this Franchise or otherwise existing or given may be exercised frcrn time to time and as often and in such order as may be deened expe- dient by City and the exercise of one or trite rights or remedies shall not be deemed aw aiver of the right to exercise at the same time or thereafter any other right or remedy. No delay or crnission of City in the exercise of any right or r~nedy shall impair any such right or remedy, nor shall any such delay or emission be construed to be a waiver of or acquiescence to any default. The exercise of any such right or remedy by City shall not release Grantee fron its obligations, or any liability, under this Pranchise. Section 7. Grantee Acknowledgement of Validity of Franchise Grantee acknowledges that it has had an opportunity to review the terms and conditions of this Franchise and that under current law, Grantee believes that such terms and conditions are not unreaso- nable or arbitrary, and that Grantee believes the City has the power to make the terms and Conditions contained in this Franchise. III. OBSERVATICiqSANDOClq(~L~I(]~S Grouo W of the Ouad Cities has since June of 1983mounted a major effort to construct the distribution system for the four city area. This effort was not only required by the Agrea~ent in June of 1983 with the~ableCommission, but is in Group l~"s best interest since it is the distribution svstem fronwhich they will be ~enerating their revenues. The cable syst~nas proposed, however, contained extensive pronises and repre- sentations regarding local origination, access support, and associated studios, equiument, and staff. Group Whas not performed consistent with their proposal in these important areas. None of the studios are co-npleted, equipped or ade- quately staffed. To the best of our ascertairrnent, at least three budgeted access staff for the first year of the franchise operation were never hired. The rr~bile van has been purchased, but to the best of our knowledge, noone frcm the uuhlie has been trained to use this equipment. The character generators and rnud~ns apl)ear to be in place in the CityHalls, although noone outside of Group W has been trained for their use. GrouuWhas had in their possession a signed Lease for the headend facility since November 1, 1982. No act of God or act of the Cities has intervened to delay the construction of studios in these facilities for the past 10months.