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1973 Ordinances
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1973 Ordinances
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8/27/2001 12:53:32 PM
Creation date
6/27/2001 4:58:16 PM
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Ord/Resolutions
Year
1973
Ord/Resolutions - Type
Ordinances
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subsections (a) and (bl above and that such right is exclusive and <br />without any obligation on the part of the city to honor any prior <br />agreement made by the franchisee which would in any way encumber <br />or diminish such purchase right. <br /> <br />Section 5A-15. Sale of system mandatory. <br /> <br /> In the event that the city elects to purchase the system, <br />or the franchise is awarded to a new franchisee upon termination <br />or expiration of the term of this franchise, or any renewal there- <br />of, the current franchisee shall sell the syste~ to the city or to <br />the new franchisee, whichever is applicable. The price for such <br />sale shall be the value of the system, as defined in section 5A-14(a) <br />for termination or as defined in section 5A-14 (b) for expiration. <br /> <br />Section 5A-16. Right of city to require temporary operation <br /> of system; right of city to operate the system. <br /> <br /> If the franchise granted herein is terminated for any <br />reason stated in sections 5A-10, 5A-11, 5A-12, 5A-13, 5A-73 and <br />5A-74, the city shall have the right to direct by resolution duly <br />adopted that the former franchisee continue to operate th~ system <br />for a period, of up to 120 days. The city shall pay to the former <br />franchisee all reasonable and necessary costs incurred by it in <br />operating said system. All such costs shall be properly verified <br />according to generally recognized accounting principles. <br /> <br /> In the event the franchisee fails to operate the system <br />as required herein or for ten consecutive days without prior ap- <br />proval of the council, the city or its agent may operate the system <br />until such time that a new operator is selected. If the city is re- <br />quired to fulfill this obligation for the franchisee, the franchisee <br />shall reimburse the city for any costs of damages that are the re- <br />sult of the franchisee's failure to perform. <br /> <br />Article VI. <br /> <br />Territory; Extension <br />of service. <br /> <br />Section 5A-17. Franchise area. <br /> <br /> The franchise as granted hereby shall be applicable to all <br />that area presently located within the corporate limits of the City <br />of Portsmouth and to any corporate territory added thereto during <br />the term of said franchise unless the same ~s otherwis~ limited or <br />specified by the city council. <br /> <br />Section 5A-18. Schedule of construction; extension of service. <br /> <br />-9- <br /> <br /> <br />
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