Ord 2007-039 - Laserfiche WebLink

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I I 1.3. The City shall have the authority to investigate customer service complaints within the City. The City Manager of the City may direct written inquiries to the Grantee regarding any complaint, and Grantee shall provide a written response to the inquiry. 11.4. Topics of customer service complaints subject to investigation include, but are not limited to: service rate structures, franchise fee, free or discounted services, application of new technologies, services provided, privacy, amendments to the ordinance, judicial, FERC and Railroad Commission rulings, line extension policies and Grantee or City rules. SECTION 12. RATE CLASSIFICATIONS. Grantee shall not, as to rates or services, make or grant any unreasonable preference or advantage to any corporation or person within any classification, or subject any corporation or person within any classification to any unreasonable prejudice or disadvantage. Grantee shall not establish or maintain any unreasonable differences as to rates of service between classes of service. SECTION 13. COMPLIANCE WITH CHARTER AND ORDINANCES. I This franchise, the rights granted hereby and the operations and activities performed by Grantee pursuant hereto shall be subject to applicable provisions of the Charter of the City of San Marcos. Except to the extent otherwise expressly provided herein, the franchise and rights granted hereby and the operations and activities performed by Grantee pursuant hereto, shall be subject to all valid ordinances and regulations of the City insofar as such ordinances and regulation (a) do not shorten the term hereof or terminate, abrogate, or materially and adversely affect the franchise and right granted to Grantee hereby or (b) do not conflict with or are not inconsistent with the terms and provisions contained in this ordinance. All? such conflicting or inconsistent ordinances are hereby repealed to the extent of such conflict or inconsistency. SECTION 14. ASSIGNMENT OF FRANCHISE; CONTROL OF GRANTEE. This franchise shall not be assigned or transferred, within whole or part, without the prior written consent of the City Council. Tile proposed assignee must show technical ability, financial capability, legal qualification and general character qualifications, as reasonably determined and general character qualifications, as reasonably determined by City and must agree to comply with all provisions of the franchise which shall be binding on all successors and assigns. City shall be deemed to have consented to a proposed transfer or assignment in the event its refusal to consent is not communicated in writing to Grantee within ninety (90) days following receipt of written notice of the proposed transfer or assignment. Such consent shall not be unreasonably withheld. SECTION 15. NONEXCLUSIVE FRANCHISE. I Nothing herein contained shall ever be held or considered as conferring upon Grantee and its successors and assigns any exclusive rights or privileges if any nature whatsoever.