Hawaiian Gardens Municipal Code Art. II Catv Franchises

For the purposes of this article, the following terms, phrases, words, abbreviations and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number and words in the singular number include the plural number.

CATV means a community antenna television system as defined in this section.

City Administrator means the City Administrator of the City of Hawaiian Gardens or his/her authorized representative.

City Engineer means the City Engineer of the City.

Community antenna television system means a system of antenna, coaxial cables, wires, wave guides or other conductors, equipment or facilities designed, constructed or used for the purpose of providing communication signals by cable or through its facilities as herein contemplated.

Finance Director means the Finance Director of the City.

Franchise means and includes any authorization granted under this article in terms of a franchise, privilege, permit, license or otherwise to construct, operate and maintain a CATV system in the City.

Grantee means the person, firm or corporation to whom or which a franchise as defined in this section, is granted by the Council under this article and the lawful successor, transferee or assignee of the person, firm or corporation.

Gross annual receipts means any and all compensation and other consideration in any form whatever including installation and line extension charges, and any contributing grant or subsidy received directly or indirectly by a grantee from subscribers or users in payment for any cable communication service received within the City.

"Gross annual receipts" shall not include any taxes on services furnished by the grantee imposed directly on any subscriber or user by any City, State or other governmental unit and collected by the grantee for such governmental unit.

Property of grantee means all property owned, installed or used by a grantee in the conduct of a CATV business in the City under the authority of a franchise granted by this article.

Street means the surface of and the space above and below any public street, road, highway, freeway, lane, path, alley, court, sidewalk, parkway or drive, now or thereafter existing as such.

Subscriber means any person or entity receiving for any purpose the CATV service of a grantee.

(Ord. 225 § 1, 1981)

When and in the event that the grantee of any franchise granted under this article uses in his/her CATV system distribution channels furnished to the grantee of a telephone company pursuant to tariff or contract on file with a regulatory body having jurisdiction and the grantee makes no use of the streets independent of such telephone company furnished facilities, the grantee shall be required to comply with all of the provisions of this article as a licensee and in such event when "grantee" is used herein it means and includes "licensee." No provision of this article shall be deemed or construed as requiring the granting of a franchise hereunder to a telephone company furnishing such a channel service unless the telephone company is or becomes an operator or one of the operators of a CATV system, in which case the telephone company shall be required to comply with this article in the same manner as any other person, firm or corporation operating such system.

(Ord. 225 § 1, 1981)

A nonexclusive franchise to construct, operate and maintain a CATV system within all or any portion of the City may be granted by the Council to any person, firm or corporation, whether operating under an existing franchise or not, who or which offers to furnish and provide such system under and pursuant to the terms and provisions of this article. No provision of this article may be deemed or construed as to require the granting of a franchise when in the opinion of the Council it is in the public interest to restrict the number of grantees to one or more.

(Ord. 225 § 1, 1981)

A. Any franchise granted pursuant to the provisions of this article shall authorize and permit the grantee to engage in the business of operating and providing a CATV system in the City, and for that purpose to erect, install, construct, repair, replace, reconstruct, maintain and retain in, on, over, under, upon, across and along any public street, such poles, wires, cable, conductors, ducts, conduit, vaults, manholes, amplifiers, appliances, attachments and other property as may be necessary and appurtenant to the CATV system; and in addition, so to use, operate and provide similar facilities or properties rented or leased from other persons, firms or corporations, including but not limited to any public utility or other grantee franchised or permitted to do business in the City.

B. The grantee may charge such rates and charges as the grantee shall determine pursuant to the provisions of Section 623 of the Cable Communications Policy Act of 1984, Public Law 98-549 (the "Act"); provided, however, that the grantee shall give 30 days' advance written notice to the City and all affected subscribers of any rate increase for cable television services in the City made pursuant to the Act.

C. No change in the other terms of any franchise may be made without the prior approval of the Council expressed by ordinance.

(Ord. 319 § 2, 1987; Ord. 225 § 1, 1981)

No franchise granted by the Council under this article shall be for a term longer than 20 years following the date of acceptance of such franchise by the grantee or the renewal thereof. Any such franchise granted under this article may be terminated prior to its date of expiration by the Council in the event that the Council has found, after 30 days' notice of any proposed termination and public hearing that:

A. The grantee has failed to comply with any provision of this article, or has, by act or omission, violated any term or condition of any franchise or permit issued hereunder; or

B. The City acquires the CATV system property of the grantee.

(Ord. 319 § 3, 1987; Ord. 225 § 1, 1981)

A. Any grantee granted a franchise under this article shall pay to the City, during the life of such franchise, a sum equal to five percent of the gross annual receipts of the grantee. Such payment by the grantee to the City shall be made annually, or as otherwise provided in the grantee's franchise, by delivery of the same to the Finance Director.

B. The grantee shall file with the City, within 30 days after the expiration of any calendar year or portion thereof during which such franchise is in force, a financial statement prepared by a certified public accountant, or person otherwise satisfactory to the Council, showing in detail the gross annual receipts, as defined in subsection G. of Section 5.76.020, of grantee during the preceding calendar year or portion thereof. It shall be the duty of the grantee to pay to the City, within 15 days after the time for filing such statement, the sum herein prescribed or any unpaid balance thereof for the calendar year or portion thereof covered by such statements.

C. The City shall have the right at all reasonable times to inspect the grantee's records pertaining to its operations under the franchise, and the right of audit and recomputation of any and all amounts paid under this article or pursuant to any franchise granted hereunder. No acceptance of any payment shall be construed as a release or as an accord and satisfaction of any claim the City may have for further or additional sums payable under this article or for the performance of any other obligation hereunder.

D. In the event of any holding over after expiration or other termination of any franchise granted under this article, without the consent of the City, the grantee shall pay to the City reasonable compensation and damages of not less than 100 percent of its total gross profits during said period.

(Ord. 225 § 1, 1981)

A. Any franchise granted under this article shall be nonexclusive.

B. No privilege or exemption shall be granted or conferred by any franchise granted under this article except those specifically prescribed herein.

C. Any privilege claimed under any such franchise by the grantee in any street or other public property shall be subordinate to any prior lawful occupancy of the streets or other public property.

D. Any such franchise shall be a privilege to be held in personal trust by the original grantee. It cannot in any event be sold, transferred, leased, assigned or disposed of, in whole or in part, either by forced or involuntary sale, or by voluntary sale, merger, consolidation or otherwise, without the prior consent of the Council expressed by resolution, and then only under such conditions as may therein be prescribed. Any such transfer or assignment shall be made only by an instrument in writing, a duly executed copy of which shall be filed in the office of the City Administrator within 30 days after any such transfer or assignment. The consent of the Council may not be arbitrarily refused; provided, however, the proposed assignee must show financial responsibility and must agree to comply with all provisions of this article; and provided, further, that no such consent shall be required for a transfer in trust, mortgage or other hypothecation as a whole, to secure an indebtedness.

For the purpose of this section, the City shall be advised, but the consent of the City shall not be required for any transfer, assignment or other disposition of the franchise or change in control of the grantee of among entities under common control of grantee or with grantee's parent or subsidiary. Further, any change of ownership, in a single transaction or cumulatively, which constitutes less than 25 percent of the grantee shall not require the prior consent of Council.

E. Time shall be of the essence of any such franchise granted hereunder. The grantee shall not be relieved of his/her obligation to comply promptly with any of the provisions of this article or by any failure of the City to enforce prompt compliance.

F. Any right or power in, or duty impressed upon, any officer, employee, department or board of the City shall be subject to transfer by the City to any other officer, employee, department or board of the City.

G. The grantee shall have no recourse whatsoever against the City for any loss, cost, expense or damage arising out of any provision or requirement of this article or of any franchise issued hereunder or because of its enforcement, except to the extent that any loss, cost, expense or damage is caused by the sole negligence or misconduct of the City.

H. The grantee shall be subject to all pertinent Federal and State laws and requirements of City ordinances, rules, regulations and specifications heretofore or hereafter enacted or established.

I. Any such franchise granted shall not: relieve the grantee of any obligation involved in obtaining pole space from any department of the City, utility company or from others maintaining poles in streets.

J. Any franchise granted under this article shall be in lieu of any and all other rights, privileges, powers, immunities and authorities owned, possessed, controlled or exercisable by grantee, or any successor to any interest of grantee, of or pertaining to the construction, operation or maintenance of any CATV system in the City; and the acceptance of any franchise hereunder shall operate, as between grantee and the City, as an abandonment of any and all of such rights, privileges, powers, immunities and authorities within the City, to the effect that, as between grantee and the City, any and all construction, operation and maintenance by any grantee of any CATV system in the City shall be, and shall be deemed and construed in all instances and respects to be, under and pursuant to the franchise and not under or pursuant to any other right, privilege, power, immunity or authority whatsoever.

(Ord. 319 § 4, 1987; Ord. 225 § 1, 1981)

A. Nothing in this chapter shall contract away, modify, abridge, impair or affect, in any way, to any extent, the right of the City to acquire the property of the grantee through the exercise of the right of eminent domain, and nothing herein contained shall be construed to contract away or to modify or abridge, either for a term or in perpetuity, the City's right of eminent domain.

B. There is reserved to the City every right and power which is required to be herein reserved or provided by any ordinance of the City, and the grantee, by its acceptance of any franchise, agrees to be bound thereby and to comply with any action or requirements of the City in its exercise of such rights or power heretofore or hereafter enacted or established.

C. Neither the granting of any franchise under this article nor any of the provisions contained herein shall be construed to prevent the City from granting any identical or similar franchise to any other person, firm or corporation, within all or any portion of the City.

D. There is reserved to the City the power to amend any section or part of this article so as to require additional or greater standards of construction, operation, maintenance or otherwise on the part of the grantee.

E. Neither the granting of any franchise nor any provision hereof constitutes a waiver or bar to the exercise of any governmental right or power of the City.

F. The Council may do all things which are necessary and convenient in the exercise of its jurisdiction under this article and may determine any question of fact which may arise during the existence of any franchise granted hereunder. The City Administrator is authorized and empowered to prescribe rules and regulations, to adjust, settle or compromise any controversy or charge arising from the operations of any grantee under this article, either on behalf of the City, the grantee or any subscriber, in the best interest of the public. Either the grantee of any member of the public who may be dissatisfied with the decision of the City Administrator may appeal the matter to the Council for hearing and determination. The Council may accept, reject or modify the decision of the City Administrator, and the Council may adjust, settle or compromise any controversy or cancel any charge arising from the operations of any grantee or from any provisions of this article.

(Ord. 319 § 5, 1987; Ord. 225 § 1, 1981)

A. Within 30 days after acceptance of any franchise, the grantee shall apply for all necessary permits and authorizations which are required in the conduct of his/her business, including but not limited to, any utility joint use attachment agreements, microwave carrier licenses and necessary licenses, and any other permits, licenses and authorizations to be granted by duly constituted regulatory agencies having jurisdiction over the operation of CATV systems, or their associated microwave transmission facilities.

B. Within 90 days after obtaining all necessary permits, licenses and authorizations and the completion of the related utility company alterations, grantee shall commence construction and installation of the CATV system.

C. Within 90 days after the commencement of construction and installation of the system, grantee shall proceed to render service to subscribers, and the completion of the construction and installation shall be pursued with reasonable diligence thereafter, so that service to all areas designated on the map accompanying the application for franchise, as provided in Section 5.76.210, shall be provided within two years from the date this franchise is issued.

D. Failure on the part of the grantee to commence and diligently pursue each of the foregoing requirements and to complete each of the matters set forth herein shall be grounds for termination of such franchise, under and pursuant to the terms of Section 5.76.060, provided, however, that the Council in its discretion may extend the time for the commencement and completion of construction and installation for additional periods in the event the grantee, acting in good faith, experiences delays by reason of circumstances beyond his/her control.

(Ord. 225 § 1, 1981)

A. Any poles, wires, cable lines, conduits or other properties of the grantee to be constructed or installed in streets shall be so constructed or installed only at such locations and in such manner as shall be approved by the City Engineer acting in the exercise of his/her reasonable discretion.

B. The grantee shall not install or erect any facilities or apparatus in or on other public property, places or rights-of-way, or within any privately owned area within the City which has not yet become a public street, but is designated or delineated as a proposed public street on any tentative subdivision map approved by the City, except those installed or erected upon public utility facilities now existing, without obtaining the prior written approval of the City Engineer.

C. In those areas and portions of the City where the transmission or distribution facilities of both the public utility providing telephone service and those of the utility providing electric service are underground or hereafter may be placed underground, the grantee shall likewise construct, operate and maintain all of his/her transmission and distribution facilities underground. For the purposes of this subsection, "underground" includes a partial underground system (e.g., streamlining). Amplifiers in grantee's transmission and distribution lines may be in appropriate housings upon the surface of the ground as approved by the City Engineer.

(Ord. 225 § 1, 1981)

A. In the event that the use of any part of the CATV system is discontinued for any reason for a continuous period of 12 months, or in the event such system or property has been installed in any street or public place without complying with the requirements of grantee's franchise or this article, or the franchise has been terminated, cancelled or has expired, the grantee shall promptly, upon being given ten days' notice, remove from the streets or public places all such property and poles of such system other than any which the City Engineer may permit to be abandoned in place. In the event of such removal, the grantee shall promptly restore the street or other area from which such property has been removed to a condition satisfactory to the City Engineer.

B. Any property of the grantee remaining in place 90 days after the termination or expiration of the franchise shall be considered permanently abandoned. The City Engineer may extend such time not to exceed an additional 90 days.

C. Any property of the grantee to be abandoned in place shall be abandoned in such manner as the City Engineer shall prescribe. Upon permanent abandonment of the property of the grantee in place, the property shall become that of the City, and the grantee shall submit to the City Engineer an instrument in writing, to be approved by the City Attorney, transferring to the City the ownership of such property.

(Ord. 319 § 7, 1981; Ord. 225 § 1, 1981)

A. The grantee shall, at his/her expense, protect, support, temporarily disconnect, relocate in the same street or other public place or remove from the street or other public place, any property of the grantee when required by the City Engineer by reason of traffic conditions, public safety, street vacation, freeway and street construction, change or establishment of street grade, installation of sewers, drains, water pipes, power lines, signal lines, and tracks or any other type of structures or improvements by public agencies; provided, however, that the grantee shall in all such cases have the privileges and be subject to the obligations to abandon any property of the grantee in place, as provided in Section 5.76.120.

(Ord. 225 § 1, 1981)

Upon failure of the grantee to commence, pursue or complete any work required by law or by the provisions of this article or by its franchise to be done in any street or other public place, within the time prescribed and to the satisfaction of the City Engineer, the City Engineer may, at his/her option, cause such work to be done, and the grantee shall pay to the City the cost thereof in the itemized amounts reported by the City Engineer to the grantee within 30 days after receipt of such itemized report.

(Ord. 225 § 1, 1981)

A. The grantee shall, concurrently with the filing of and acceptance of award of any franchise granted under this article, file with the City Administrator and at all times thereafter maintain in full force and effect for the term of such franchise or any renewal thereof, at grantee's sole expense, a corporate surety bond in a company and in a form approved by the City Attorney, in the amount of $15,000.00, renewably annually, and conditioned upon the faithful performance of grantee, and upon the further condition that in the event grantee fails to comply with any one or more of the provisions of this article, or of any franchise issued to the grantee hereunder, there shall be recoverably jointly and severally from the principal and surety of such bond any damages or loss suffered by the City as a result thereof, including the full amount of any compensation, indemnification or cost of removal or abandonment of any property of the grantee as prescribed hereby which may be in default, plus a reasonable allowance for attorneys' fees and costs, up to the full amount of the bond; the condition to be a continuing obligation for the duration of such franchise and any renewal thereof and thereafter until the grantee has liquidated all of its obligations with the City that may have arisen from the acceptance of the franchise or renewal by the grantee or from its exercise of the franchise or renewal or from its exercise of any privilege therein granted. The bond shall provide that 30 days' prior written notice of intention not to renew, cancellation or material change be given to the City.

B. Neither the provisions of this section, nor any bond accepted by the City pursuant hereto, nor any damages recovered by the City thereunder shall be construed to excuse faithful performance by the grantee or limit the liability of the grantee under any franchise issued under this article or for damages, either to the full amount of the bond or otherwise.

(Ord. 225 § 1, 1981)

A. The grantee shall, concurrently with the filing of an acceptance of award of any franchise granted under this article, furnish to the City and file with the City Administrator, and at all times during the existence of any franchise granted hereunder maintain in full force and effect, at its own cost and expense, a liability insurance policy in the amount of $1,000,000.00 in a company approved by the City Administrator in a form satisfactory to the City Attorney, indemnifying and saving harmless the City, its officers and employees from and against any and all claims, demands, actions, suits and proceedings by others, against all liability to others, including but not limited to any liability for damages by reason of or arising out of any failure by the grantee to secure consents from the owners, authorized distributors or licensees of programs to be delivered by the grantee's CATV system, and against any loss, cost, expense and damages resulting therefrom, including reasonable attorneys' fees, arising out of the exercise or enjoyment of his/her franchise, provided however, grantee's obligation to so indemnify and hold the City harmless shall not be limited by the amount of such insurance, but shall be limited to the extent such claims, demands, causes or action, damages or liability are caused by or arise from the negligence or intentional act or omission of the City, its officers, boards, commissions, agents or employees.

B. The grantee shall, concurrently with the filing of an acceptance of award of any franchise granted under this article, furnish to the City and file with the City Administrator, and at all times during the existence of any franchise granted hereunder maintain in full force and effect, at its own cost and expense, a general comprehensive liability insurance policy, in protection of the City, its officers, boards, commissions, agents and employees, in a company approved by the City Administrator and a form satisfactory to the City Attorney protecting the City and all persons against liability for loss or damage for personal injury, death and property damage, occasioned by the operations of grantee under such franchise, with minimum liability limits of $500,000.00 for personal injury or death of any one person and $750,000.00 for personal injury or death of two or more persons in any one occurrence, and $100,000.00 for damage to property resulting from any one occurrence.

C. The policies mentioned in subsection B. shall name the City, its officers, boards, commissions, agents and employees, as additional insured and shall contain a provision that a written notice of cancellation or reduction in coverage of the policy shall be delivered to the City ten days in advance of the effective date thereof. If such insurance is provided by a policy which also covers grantee or any other entity or person other than those above named then such policy shall contain the standard cross liability endorsement.

(Ord. 319 § 8, 1987; Ord. 225 § 1, 1981)

A. At all reasonable times, the grantee shall permit any duly authorized representative of the City to examine all property of the grantee, together with any appurtenant property of the grantee situated within or without the City, and to examine and transcribe any and all maps and other records kept or maintained by the grantee or under its control which deal with the operations, affairs, transactions or property of the grantee with respect to its franchise. If any such maps or records are not kept in the City, or upon reasonable request made available in the City, and if the Council determines that an examination thereof is necessary or appropriate, then all travel and maintenance expense necessarily incurred in making such examination shall be paid by the grantee.

B. The grantee shall prepare and furnish to the City Administrator at the times and in the form prescribed by said officer, such reports with respect to its operations, affairs, transactions or property as may be reasonably necessary or appropriate to the performance of any of the rights, functions or duties of the City or any of its officers in connection with the franchise.

C. The grantee shall at all times make and keep in the City full and complete plans and records showing the exact location of all CATV system equipment installed or in use in streets and other public places in the City.

D. The grantee shall file with the City Engineer on or before the last day in December of each year a current map or set of maps drawn to scale, showing all CATV system equipment installed during said year and in place in streets and other public places of the City.

E. Copies of all petitions, applications and communications submitted to the Federal Communications Commission, Securities and Exchange Commission or any other Federal or State regulatory commission or agency having jurisdiction in respect to any matters which adversely affect CATV operations authorized pursuant to this franchise shall also be submitted simultaneously to the City Council.

(Ord. 319 §§ 9, 10, 1987; Ord. 225 § 1, 1981)

The CATV system shall be installed and maintained in accordance with the highest and best accepted standards of the industry as imposed by the Federal Communications Commission, or above as may be required by this Code, to the effect that subscribers shall receive the highest possible service.

(Ord. 225 § 1, 1981)

A. When not otherwise prescribed herein, all matters herein required to be filed with the City shall be filed with the City Administrator.

B. The grantee shall pay to the City a sum of money sufficient to reimburse it for all publication expenses incurred by it in connection with the granting of a franchise pursuant to the provisions of this article. Such payment shall be made within 30 days after the City furnishes the grantee with a written statement of such expenses by delivery of same to the City Administrator.

C. The grantee shall maintain an office within the City limits or at a location which subscribers may call without incurring added message or toll charges, so that CATV maintenance service shall be promptly available to subscribers. The grantee, upon the written request of the City Administrator, shall maintain one or more agents or employees at a place within the City limits to provide safe, adequate and prompt service for its facilities and shall at all times have sufficient employees to accomplish same.

D. No person, firm or corporation in the existing service area of the grantee shall be arbitrarily refused service; provided, however, that the grantee shall not be required to provide service to any subscriber who does not pay the applicable connection fee or monthly service charge, or who has threatened or assaulted employees of the grantee in the course of their employment.

E. Neither the grantee hereunder nor any shareholder of the grantee shall engage in the business of selling, repairing or installing television receivers, radio receivers or accessories for such receivers, within the City during the term of this franchise, and the grantee shall not allow any of its shareholders to so engage in any such business.

(Ord. 319 § 11, 19.87; Ord. 225 § 1, 1981)

When any portion of the CATV system is to be installed on public utility poles and facilities, certified copies of the agreements for such joint use of poles and facilities shall be filed with the Public Works Director.

(Ord. 225 § 1, 1981)

A. Application for a franchise under this article shall be in writing, shall be filed with the City Administrator and shall contain the following information:

1. The name and address of the applicant. If the applicant is a partnership, the name and address of each partner shall also be set forth. If the applicant is a corporation, the application shall also state the names and addresses of its directors, main offices, major stockholders and associates, and the names and addresses of parent and subsidiary companies;

2. A statement and description of the CATV system proposed to be constructed, installed, maintained or operated by the applicant; the proposed location of such system and its various components; the manner in which applicant proposed to construct, install, maintain and operate the same; and, particularly, the extent and manner in which existing or future poles or other facilities of other public utilities will be used for such system;

3. A description, in detail, of the public streets, public places and proposed public streets within which applicant proposes or seeks authority to construct, install or maintain any CATV equipment or facilities; a detailed description of the equipment or facilities proposed to be constructed, installed or maintained therein; and the proposed specific location thereof;

4. A map specifically showing and delineating the proposed service area or areas within which applicant proposes to provide CATV services and for which a franchise is requested;

5. A statement or schedule in a form approved by the City Administrator of proposed rates and charges to subscribers for installation and services, and a copy of proposed service agreement between the grantee and its subscribers shall accompany the application. For unusual circumstances, such as underground cable required, or more than 150 feet of distance from cable to connection of service to subscribers, an additional installation charge over that normally charged for installation as specified in the applicant's proposal may be charged, with easements to be supplied by subscribers. For remote, relatively inaccessible subscribers within the City, service may be made available on the basis of cost of materials, labor and easements if required by the grantee;

6. A copy of any contract, if existing, between the applicant and any public utility providing for the use of facilities of such public utility, such as poles, lines or conduits;

7. A statement setting forth all agreements and understandings, whether written, oral or implied, existing between the applicant and any person, firm or corporation with respect to the proposed franchise or the proposed CATV operation. If a franchise is granted to a person, firm or corporation posing as a front or as the representative of another person, firm or corporation, and such information is not disclosed in the original application, such franchise shall be deemed void and of no force and effect whatsoever;

8. A financial statement prepared by a certified public accountant, or person otherwise satisfactory to the Council, showing applicant's financial status and his/her financial ability to complete the construction and installation of the proposed CATV system;

9. The Council may at any time demand, and applicant shall provide, such supplementary, additional or other information as the Council may deem reasonably necessary to determine whether the requested franchise should be granted.

B. Upon consideration of any such application, the Council may refuse to grant the requested franchise or the Council may by ordinance grant a franchise for a CATV system to any such applicant as may appear from the application to be in its opinion best qualified to render proper and efficient CATV service to television viewers and subscribers in the City. The Council's decision in the matter shall be final. If favorably considered, the application submitted shall constitute and form part of the franchise as granted.

C. Any franchise granted pursuant to this article shall include the following condition:

"The CATV system herein franchised shall be used and operated solely and exclusively for the purpose expressly authorized by the Municipal Code of the City of Hawaiian Gardens and no other purpose whatsoever."

Inclusion of the foregoing statement in any such franchise shall not limit the authority of the City to include any other reasonable condition, limitation or restriction which it may deem necessary to impose in connection with such franchise pursuant to the authority conferred by this article.

(Ord. 225 § 1, 1981)

Any franchise granted under this article is renewable at the application of the grantee, in the same manner and upon the same terms and conditions as required herein for obtaining the original franchise, except those which are by their terms expressly inapplicable; provided, however, that the Council may at its option waive compliance with any or all of the requirements of Section 5.76.210.

(Ord. 225 § 1, 1981)

A. No franchise granted pursuant to the provisions of this article shall become effective unless and until the ordinance granting same has become effective and, in addition, unless and until all things required in this section, Section 5.76.150 and subsections A. and B. of Section 5.76.160 are done and completed, all of such things being conditions precedent to the effectiveness of any such franchise granted hereunder. In the event any of such things are not done and completed in the time and manner required, the Council may declare the franchise null and void.

B. Within 30 days after the effective date of the ordinance awarding a franchise, or within such extended period of time as the Council in its discretion may authorize, the grantee shall file with the City Administrator, his/her written acceptance, in form satisfactory to the City Attorney, of the franchise, together with the bond and insurance policies required by Section 5.76.150 and subsections A. and B. of Section 5.76.160, respectively, and his/her agreement to be bound by and to comply with and to do all things required of him/her by the provisions of this article and the franchise. Such acceptance and agreement shall be acknowledged by the grantee before a notary public and shall in form and content be satisfactory to and approved by the City Attorney.

(Ord. 225 § 1, 1981)

A. From and after the effective date of the ordinance codified in this article, it is unlawful for any person to establish, operate or to carry on the business of distributing to any persons in this City any television signals or radio signals by means of a CATV system unless a franchise therefor has first been obtained pursuant to the provisions of this article and unless such franchise is in full force and effect.

B. From and after the effective date of the ordinance codified in this article, it is unlawful for any person to construct, install or maintain within any public street in the City, or within any other public property of the City, or within any privately-owned area within the City which has not yet become a public street but is designated or delineated as a proposed public street on any tentative subdivision map approved by the City, any equipment or facilities for distributing any television signals or radio signals through a CATV system, unless a franchise authorizing such use of such street or property or area has first been obtained pursuant to the provisions of this article, and unless such franchise is in full force and effect.

C. It is unlawful for any person, firm or corporation to make the unauthorized connection, whether physically, electrically, acoustically, inductively or otherwise, with any part of a franchised CATV system within this City for the purpose of taking or receiving television signals, radio signals, pictures, programs or sound.

D. It is unlawful for any person, firm or corporation to make any unauthorized connection, whether physically, electrically, acoustically, inductively or otherwise with any part of a franchised CATV system within this City for the purpose of enabling himself/herself or others to receive any television signal, radio signal, picture, program or sound, without payment to the owner of the system.

E. It is unlawful for any person, without the consent of the owner, to wilfully tamper with, remove or injure any cables, wires or equipment used for distribution of television signals, radio signals, pictures, programs or sound.

(Ord. 225 § 1, 1981)

In the case of a new subdivision, each cable television system operator granted a franchise by the City to serve such area shall be given reasonable access and opportunity to place its transmission and distribution facilities in utility trenches opened by such subdivider. Further, in such case, in the event more than one cable television system operator is so franchised, each such operator shall be given equal access and opportunity as to notice time, and expense to place its underground facilities in such trenches.

(Ord. 319 § 12, 1987)