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the ordinance; also, the City shall consider the com- <br />pany's annual reports made to the City and the FCC. <br />Industry performance om a national basis shall also be <br />considered. Provision shall be made for public <br />comment. <br /> <br />3. A four (4) month period shall be provided to deter- <br />mfne the Company's eligibility for renewal. <br /> <br />4. The City shall then prepare within two (2) months <br />any amendments to this ordinance that it believes <br />necessary. <br /> <br />5. If the City finds the Company's performance satis- <br />factory, a new franchise may be granted pursuant to the <br />ordinance as amended for an additional period of ten <br />(10) years. Subsequent renewal for a ten (10) year <br />period may be applied for by the Company in accordance <br />with the procedure outlined in this Section. <br /> <br />6. In the event the Company is determined by the City <br />to have performed unsatisfactorily, new applicants shall <br />be sought and evaluated and a franchise award shall be <br />made by the City. <br /> <br />7. Notwithstanding the fact that the City may determine <br />that the Company has been in reasonable compliance with <br />the terms and conditions imposed by this ordinance and <br />the franchise, it shall have the right not to renew the <br />franchise. If the City does not renew the franchise, <br />the City shall have the option, to the extent then per- <br />mitted by existing law, to acquire the cable television <br />system or the option to permit a succeeding Grantee to <br />acquire the system. If the City permits a succeeding <br />Grantee to purchase the system, the amount paid for such <br />system shall be its fair market value. If the City <br />acquires the system for municipal ownership, the amount <br />paid shall be at a discount rate twenty (20) per cent <br />below its fair market value. The City's option to <br />acquire the cable system or to permit a succeeding <br />Grantee to acquire the system must be exercised within <br />one (1) year from the date of the franchise expiration. <br /> <br />Section 8. Police Powers <br /> <br />In accepting this franchise, the Company acknowledges that its <br /> <br />rights hereunder are subject to the police power of the City to adopt and <br /> <br />enforce general ordinances necessary to the safety and welfare of the public; <br /> <br />and it agrees to comply with all applicable general laws and ordinances enacted <br /> <br />by the City pursuant to such power. <br /> <br />Any conflict between the provisions of this franchise and any other <br /> <br />present or future lawful exercise of the City's police powers shall be resolved <br /> <br />in favor of the latter, except that any such exercise that is not of general <br /> <br />10 <br /> <br /> <br />