Wheatland Municipal Code Art. II Franchise Requirements

A nonexclusive franchise to install, construct, operate, and maintain a cable television system on streets within all or a specific portion of the city may be granted by the council to any person, whether operating under an existing franchise, who or which offers to furnish and provide such system under and pursuant to the terms and provisions of this chapter.

(Ord. 254 § 2 (part), 1980)

A. No provision of this chapter 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 grantee to one or more.

B. When and in the event that the grantee of any franchise granted hereunder uses in his or her cable television system distribution channels furnished to the grantee by a telephone company pursuant to tariff or contract on file with a regulatory body having jurisdiction and said grantee makes no use of the streets independent of such telephone company-furnished facilities, said grantee shall be required to comply with all of the provisions hereof as a licensee and in such event whenever the term "grantee" is used in this chapter it shall be deemed to mean and include "licensee."

(Ord. 254 § 2 (part), 1980)

A. In consideration of the granting and exercise of a franchise to use the streets, as defined in this chapter, for the operation of a cable television system, any grantee shall pay to the city, during the life of the franchise the following: a percentage of grantee's gross revenues, in a percentage amount to be established by resolution of the city council adopted from time to time in accordance with and subject to limits of applicable laws.

B. The percentage payments shall be made in the manner, amounts, and at times directed in said franchise or in a council resolution fixing franchise fees and adopting rules for service and rate regulation.

C. The city shall have the right to inspect the grantee's revenue records under the franchise and the right of audit and recomputation of any and all amounts payable under this chapter; the cost of said audit shall be borne by grantee when the same results in increasing, by more than two percent, the grantee's annual payment to the city.

D. 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 chapter or for the performance of any other obligation under this chapter.

(Ord. 254 § 4, 1980; Ord. 360 § 4, 1996)

The franchise granted by the council under this chapter shall be for a term of fifteen years from the date of its acceptance by the grantee.

(Ord. 254 § 5(a), 1980)

A. The city may terminate any franchise granted pursuant to the provisions of this chapter in the event of the wilful failure, refusal or neglect by grantee to do or comply with any material requirement or limitation contained in this chapter, or any material rule or regulation of the council or chief administrative officer validly adopted pursuant to this chapter.

B. The chief administrative officer may make written demand that the grantee do or comply with any such requirement, limitation, term, condition, rule or regulation. If the failure, refusal or neglect of the grantee continues for a period of thirty days following such written demand, the chief administrative officer may place his or her request for termination of the franchise upon the next regular council meeting agenda. The chief administrative officer shall cause to be served upon such grantee, at least ten days prior to the date of such council meeting, a written notice of his or her intent to request such termination, and the time and place of the meeting, notice of which shall be published by the city clerk at least once ten days before such meeting in a newspaper of general circulation within this city.

C. The council shall consider the request of the chief administrative officer and shall hear any persons interested therein, and shall determine, in its discretion, whether or not any failure, refusal or neglect by the grantee was with just cause.

D. If such failure, refusal or neglect by the grantee was with just cause, the council shall direct the grantee to comply within such time and manner and upon such terms and conditions as are reasonable.

E. If the council shall determine such failure, refusal or neglect by the grantee was without just cause, then the city council may, by resolution, declare that the franchise of such grantee shall be terminated and forfeited unless there is compliance by the grantee within such period as the council may fix.

F. The termination and forfeiture of any franchise shall in no way effect any of the rights of the city under the franchise or any provision of law.

G. In the event of any holding over after expiration or other termination of any franchise granted hereunder, without the prior consent of the city, expressed by resolution, the grantee shall pay to the city reasonable compensation and damages, of not less than one hundred percent of its gross revenue during said period.

(Ord. 254 § 5(b)—(h), 1980)

Each application for a franchise to construct, operate, or maintain any cable television systems in this city shall be filed with the city clerk and shall contain or be accompanied by the following:

A. The name, address and telephone number of the applicant;

B. A detailed statement of the corporate or other business entity organization of the applicant, including but not limited to, the following and to whatever extent required by the city:

1. The names, residence and business addresses of all officers, directors, and associates of the applicant,

2. The names, residence and business addresses of all officers, persons and entities having, controlling, or being entitled to have or control of five percent or more of the ownership of the applicant and the respective ownership share of each such person or entity,

3. The names and addresses of any parent or subsidiary of the applicant, namely, any other business entity owning or controlling applicant in whole or in part or owned or controlled in whole or in part by the applicant, and a statement describing the nature of any such parent or subsidiary business entity, including but not limited to cable television systems owned or controlled by the applicant, its parent and subsidiary and the areas served thereby,

4. A detailed description of all previous experience of the applicant in providing cable television system service and in related or similar fields,

5. A detailed and complete financial statement of the applicant, prepared by a certified public accountant, for the fiscal year next preceding the date of the application hereunder, or a letter or other acceptable evidence in writing from a recognized lending institution or funding source, addressed to both the applicant and the council, setting forth the basis for a study performed by such lending institution or funding source, and a clear statement of its intent as a lending institution or funding source to provide whatever capital shall be required by the applicant to construct and operate the proposed system in the city, or a statement from a certified public accountant, certifying that the applicant has available sufficient free, net and uncommitted cash resources to construct and operate the proposed system in this city,

6. A statement identifying, by place and date, any other cable television franchise(s) awarded to the applicant, its parent or subsidiary; the status of said franchise(s) with respect to completion thereof; the total cost of completion of such system(s); and the amount of applicant's and its parent's or subsidiary's resources committed to the completion thereof.

C. A detailed description of the proposed plan of operation of the applicant which shall include, but not be limited to, the following:

1. A detailed map indicating all areas proposed to be served, and a proposed time schedule for the installation of all equipment necessary to become operational throughout the entire area to be served;

2. A statement or schedule setting forth all proposed classifications of rates and charges to be made against subscribers and all rates and charges as to each of said classifications, including installation charges and service charges;

3. A detailed, informative, and referenced statement describing the actual equipment and operational standards proposed by the applicant. In no event shall said operational and performance standards be less than those contained in Title 47, Subpart K (Sections 76.601 et seq.), Rules and Regulations, Federal Communications Commission, adopted February 2, 1972, and as amended;

4. A copy of the form of any agreement, undertaking, or other instrument proposed to be entered into between the applicant and any subscriber;

5. A detailed statement setting forth in its entirety any and all agreements and undertakings, whether formal or informal, written, oral, or implied, existing or proposed to exist between the applicant and any person, firm, or corporation which materially relate or pertain to or depend upon the application and the granting of the franchise.

D. A copy of any agreement covering the franchise area, if existing between the applicant and any public utility subject to regulation by the California Public Utilities Commission providing for the use of any facilities of the public utility, including but not limited to poles, lines, or conduits;

E. Any other details, statements, information or references pertinent to the subject matter of such application which shall be required or requested by the council, or by any provision of any other ordinance of the city and of its Charter;

F. An application fee in the sum set by resolution of the city council, which shall be in the form of cash, certified or cashier's check, or money order, to pay the costs of studying, investigating, and otherwise processing such application, and which shall be in consideration thereof and not returnable or refundable in whole or in part, except to the extent that such fee exceeds the actual costs incurred by the city in studying, investigating and otherwise processing the application; provided, that any applicant who shall deliver to the city clerk a written withdrawal of or cancellation of any application hereunder, not later than the seventh day next following the day such application is received by the city clerk, shall be entitled to have returned and refunded the sum set by resolution of the city council, less any actual costs or expenses incurred by the city by reason of such application.

(Ord. 254 § 6(a)—(f), 1980)

A. The council may, by advertisement or any other means, solicit and call for applications for cable television system franchises, and may determine and fix any date upon or after which the same shall be received by the city, or the date before which the same must be received, or the date after which the same shall not be received, and may make any other determinations and specify any other times, terms, conditions, or limitations respecting the soliciting, calling for, making and receiving of such applications.

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 chapter. Such payment shall be made within thirty days after the city furnished the grantee with a written statement of such expenses.

C. Upon receipt of any application for franchise, the council shall refer the same to the chief administrative officer who shall prepare a report and make his or her recommendations respecting such application, and cause the same to be completed and filed with the council within forty-five days.

D. In making any determination hereunder as to any application the council may give due consideration to the quality of the service proposed, rates to the subscriber, income to the city, experience, character, background, and financial responsibility of any applicant, and its management and owners, technical and performance quality of equipment, willingness and ability to meet construction and physical requirements, and to abide by policy conditions, franchise limitations and requirements, and any other considerations deemed pertinent by the council for safeguarding the interests of the city and the public. The council, in its discretion, shall determine the award of any franchise on the basis of such considerations and without competitive bidding.

E. If the council shall determine to reject such application, such determination shall be final and conclusive, and the same shall be deemed rejected.

F. If the council shall determine to further consider the application, the following shall be done:

1. The council shall decide and specify the terms and conditions of any franchise to be granted hereunder and as herein provided.

2. The council shall pass its resolution of intention to consider the granting of such a franchise, giving notice of receipt of the application, and describing the character of the franchise desired, stating the name of the proposed grantee, the character of the franchise, the terms and conditions upon which such franchise is proposed to be granted, that copies of the proposed franchise may be obtained at the office of the city clerk, fixing and setting forth a day, hour, and place certain when and where any persons having any interest therein or objection to the granting thereof may file written protests and appear before the council and be heard, and directing the city clerk to publish said resolution at least once within ten days of the passage thereof in a newspaper of general circulation within the city.

G. At the time set for the hearing, or at any adjournment thereof, the council shall proceed to hear all written protests. Thereafter, the council shall make one of the following determinations:

1. That such franchise be denied; or

2. That such franchise be granted upon the terms and conditions as specified in the resolution of intention to grant the same; or

3. That such franchise be granted, but upon the terms and conditions different from those specified in the resolution of intention to grant the same.

H. If the council shall determine that a franchise be denied such determination shall be expressed by resolution and shall be final and conclusive.

I. If the council shall determine that a franchise be granted upon the terms and conditions as specified in the resolution of intention to consider granting the same, such determination shall be expressed by ordinance granting a franchise to the applicant.

J. If the council shall determine upon granting a franchise upon terms and conditions different from those specified in the resolution of intention to consider granting the same, then such determination shall be expressed by resolution adopted proper to granting a franchise by ordinance.

(Ord. 254 § 6(a)—(f), 1980)

A. Performance Bond to City. Upon being granted a franchise, and upon the filing of the acceptance required under Section 5.36.130 of this chapter, the grantee shall file with the city clerk and shall thereafter, annually, during the entire term of such franchise, maintain in full force and effect a corporate surety bond or other adequate surety agreement in such amount and kind as shall have been approved by the council. The bond or agreement shall be so conditioned that in the event that the grantee shall fail to comply with any one or more of the provisions of this chapter or of such franchise, then there shall be recoverable jointly and severally from the principal and surety any damages or loss, or costs suffered or incurred by the city as a result thereof, including attorneys' fees and costs of any action or proceeding, and including the full amount of any compensation, indemnification, cost of removal or abandonment of any property or other costs which may be in default, up to the full principal amount of such bond. Said condition shall be a continuing obligation during the entire term of such franchise and thereafter until the grantee shall have satisfied in full any and all obligations to the city which arise out of or pertain to said franchise. 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, or limit the liability of the grantee under any franchise issued pursuant to this chapter or for damages either to the full amount of the bond, or otherwise.

B. Performance Bond for Subscribers. Upon being granted a franchise, and upon filing of the acceptance required under Section 5.36.130 of this chapter, the grantee shall file, annually, with the city clerk and shall thereafter during the entire term of such franchise maintain in full force and effect a corporate surety bond, or other adequate agreement, in the amount as shall have been approved by the council. The bond or agreement shall be so conditioned that in the event such grantee shall fail to comply with any one or more of the provisions of any agreement or undertaking made between the grantee and any subscriber, then there shall be recoverable jointly and severally from the principal and surety any damages or costs suffered or incurred by any subscriber as a result thereof, including reasonable attorneys' fees and costs of any action or proceeding. Said condition shall be a continuing obligation during the entire term of such franchise and thereafter until the grantee shall have satisfied in full any and all obligations to any subscriber which arise out of or pertain to any such agreement or undertaking.

(Ord. 254 § 7(a), (b), 1980)

The grantee shall indemnify and hold harmless the city, its officers, boards, commissions, agents, and employees, against and from any and all claims, demands, causes of actions, actions, suits, proceedings, damages (including but not limited to damages to city property and damages arising out of copyright infringements, and damages 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 cable television system), costs or liabilities (including costs or liabilities of the city with respect to its employees), of every kind and nature whatsoever, including but not limited to damages for injury or death or damage to person or property, and regardless of the merit of any of the same, and against all liability to others, and against any loss, cost, and expense resulting or arising out of any of the same, including any attorney fees, accountant fees, expert witness or consultant fees, court costs, per diem expense, traveling and transportation expense, or other costs or expense arising out of or pertaining to the exercise or the enjoyment of any franchise hereunder by the grantee, or the granting thereof by the city.

(Ord. 254 § 7(c), 1980)

A. The grantee shall at the sole risk and expense of the grantee, upon demand of the city, made by and through the city attorney, appear in and defend any and all suits, actions, or other legal proceedings, whether judicial, quasijudicial, administrative, legislative, or otherwise, brought or instituted or had by third persons or duly constituted authorities, against or affecting the city, its officers, boards, commissions, agents, or employees, and arising out of or pertaining to the exercise or the enjoyment of such franchise, or the granting thereof by the city.

B. The grantee shall pay and satisfy and shall cause to be paid and satisfied any judgment, decree, order, directive, or demand rendered, made or issued against the grantee, the city, its officers, boards, commissions, agents, or employees in any of these premises; and such indemnity shall exist and continue without reference to or limitation by the amount of any bond, policy of insurance, deposit, undertaking or other assurance required hereunder, or otherwise; provided, that neither the grantee nor the city shall make or enter into any compromise or settlement of any claim, demand, cause of action, action, suit, or other proceeding, without first obtaining the written consent of the other.

(Ord. 254 § 7(d), 1980)

Upon being granted a franchise, and upon the filing of the acceptance required under Section 5.26.130 of this chapter, the grantee shall file with the city clerk and shall thereafter during the entire term of such franchise maintain in full force and effect at its own cost and expense each of the following policies of insurance:

A. General comprehensive liability insurance in the amount of five hundred thousand dollars, together with bodily injury liability insurance in an amount not less than three hundred thousand dollars for injuries including accidental death, to any one person, and subject to the same limit for each person in an amount not less than five hundred thousand dollars on account of any one occurrence, and property damage liability insurance in an amount not less than one hundred thousand dollars resulting from any occurrence; provided, however, as follows:

1. The city shall be named as an additional insured in any of said insurance policies; and

2. Where such insurance is provided by a policy which also covers the grantee or any other entity or person, it shall contain the standard cross-liability endorsement.

(Ord. 254 § 7(e), 1980)

A. No franchise granted under this chapter shall become effective for any purpose unless and until written acceptance thereof shall have been filed with the city clerk. Written acceptance, which shall be in the form and substance approved by the city attorney, shall also be and operate as an acceptance of each and every term and condition and limitation contained in this chapter, or in such franchise, or otherwise specified as herein provided.

B. The written acceptance shall be filed by the grantee not later than one minute after noon of the fortieth day next following the effective date of the ordinance granting such franchise.

C. In default of the filing of such written acceptance as herein required, the grantee shall be deemed to have rejected and repudiated the franchise. Thereafter, the acceptance of the grantee shall not be received nor filed by the city clerk. The grantee shall have no rights, remedies, or redress in the premises, unless and until the council, by resolution, shall determine that such acceptance be received or filed, and then upon such terms and conditions as the council may impose.

D. In any case, and in any instance, all rights, remedies and redress in these premises which may or shall be available to the city, shall at all times be available to the city, and shall be preserved and maintained and shall continuously exist in and to the city, and shall not be in any manner or means modified, abridged, altered, restricted, or impaired by reason of any of these premises, or otherwise.

E. Any franchise granted and accepted under this chapter shall be in lieu of any and all other rights, privileges, powers, immunities, and authorities owned, possessed, controlled, or exercisable by the grantee of or pertaining to the construction, operation, or maintenance of any cable television systems in the city.

(Ord. 254 § 8, 1980)

A. Every franchise granted under this chapter shall be nonexclusive.

B. No privilege or exemption shall be granted or conferred by any franchise granted under this chapter 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.

(Ord. 254 § 9(a)—(c), 1980)

A. 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 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, such as a bill of sale, or similar document, a duly executed copy of which shall be filed in the office of the city clerk within thirty days after any such transfer or assignment. The said consent of the council may not be unreasonably refused; provided, however, the proposed assignee must show financial responsibility as determined by the council and must agree to comply with all provisions of this chapter; and provided, further, that no such consent shall be required for a transfer in trust, mortgage, or other hypothecation, in whole or in part, to secure an indebtedness, except that when such hypothecation shall exceed fifty percent of the market value of the property used by the franchises in the conduct of the cable television system, prior consent of the council shall be required for such a transfer. Such consent shall not be withheld unreasonably.

B. In the event that the grantee is a corporation, prior approval of the city council, expressed by ordinance, shall be required where there is an actual change in control or where ownership of more than fifty percent of the voting stock of the grantee is acquired by a person or group of persons acting in concert, none of whom already own fifty percent or more of the voting stock, singly or collectively. Any such acquisition occurring without prior approval of the city council shall constitute a failure to comply with a provision of this chapter within the meaning of Sections 5.36.050 and 5.36.060 of this chapter.

C. Time shall be of the essence in any such franchise granted hereunder. The grantee shall not be relieved of his or her obligation to comply promptly with any of the provisions of this chapter by any failure of the city to enforce prompt compliance.

D. 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.

E. 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 chapter or of any franchise issued hereunder or because of its enforcement.

F. The grantee shall be subject to all requirements of city laws, rules, regulations, and specifications heretofore or hereafter enacted or established.

G. Any such franchise granted shall not relieve the grantee of any obligations involved in obtaining pole or conduit space from any department of the city, utility company, or from others maintaining utilities in streets.

H. Any franchise granted shall not relieve the grantee of any obligations involved in obtaining pole or conduit space from any department of the city, utility company, or from others maintaining utilities in streets.

I. Any franchise granted hereunder shall be in lieu of any and all other rights, privileges, powers, immunities, and authorities owned, possessed, controlled, or exercisable by the grantee, or any successor to any interest of the grantee, of or pertaining to the construction, operation, or maintenance of any cable television system in the city; and the acceptance of any franchise hereunder shall operate, as between the 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 the grantee and the city, and all construction, operation and maintenance by any grantee of any cable television system in the city shall be, and shall be deemed and construed in all instances and respects to be, under and pursuant to said franchise, and not under or pursuant to any other right, privilege, power, immunity, or authority whatsoever.

(Ord. 254 § 9(d)—(j), 1980)

A. Nothing herein shall be deemed or construed to impair or affect, in any way, to any extent, the right of the city to acquire the property of the grantee, either by purchase or through the exercise of the right of eminent domain, at a fair and just value, which shall not include any amount for the franchise itself or for any of the rights or privileges granted, and nothing herein contained shall be construed to contract away or to modify or abridge, whether 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 law, and the grantee, by its acceptance of the 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. There is reserved to the city the power to amend any section of this chapter so as to require additional or greater standards of construction, operation, maintenance or otherwise, on the part of the grantee to reflect technical and economic changes occurring during the franchise term, and to enable the city and the grantee to take advantage of any new developments in the cable television industry so as to more effectively, efficiently and economically service the public.

D. Neither the granting of any franchise nor any provision hereof shall constitute a waiver or bar to the exercise of any governmental right or power of the city.

E. The council may do all things which are necessary and convenient in the exercise of its jurisdiction under this chapter and may determine any question of fact which may arise during the existence of any franchise granted hereunder. The chief administrative officer with the approval of the city attorney, is authorized and empowered to adjust, settle, or compromise any controversy or charge arising from the operations of any grantee under this chapter, either on behalf of the city, the grantee, or any subscriber, in the best interest of the public. Either the grantee or any member of the public who may be dissatisfied with the decision of the chief administrative officer may appeal the matter to the council for hearing and determination. The council may accept, reject or modify the decision of the chief administrative officer, and the council may adjust, settle or compromise any controversy or cancel any charge arising from the operations of the grantee or from any provision of this chapter.

(Ord. 254 § 10, 1980)

A. A franchise granted to provide service within the city shall authorize and permit the grantee to solicit, sell, distribute, and make a charge to subscribers within the city for connection to the cable television system of the grantee, and shall also authorize and permit the grantee to traverse any portion of the city in order to provide service outside the city.

B. A franchise, easement, license or other permit granted to anyone other than the grantee to traverse any portion of the city in order to provide service outside the city shall not authorize nor permit said person to solicit, sell, distribute, or make any charge to subscribers within the city, nor to render any service or connect any subscriber within the city to the cable television service system of the grantee.

(Ord. 254 § 13(a), (b), 1980)

No franchise granted under this chapter shall ever be given any value by any court or other authority, public or private, in any proceeding of any nature or character, wherein or whereby the city shall be a party or affected therein or thereby.

(Ord. 254 513(c), 1980)

A. The grantee shall be subject to all provisions of the other ordinances, rules, regulations, and specifications of the city heretofore or hereafter adopted, including but not limited to those pertaining to works and activities in, on, over, under and about streets.

B. Any privilege claimed under any franchise granted pursuant to this chapter in any street or other public property shall be subordinate to any prior lawful occupancy of the streets or other public property.

C. The grantee also shall be subject to the provisions of general laws of the state, or as hereafter amended, when applicable to the exercise of any privilege contained in any franchise granted under this chapter, including but not limited to those pertaining to works and activities in and about state highways.

(Ord. 254 § 13(d), 1980)

The grantee shall be prohibited from directly or indirectly doing any of the following:

A. Engaging in the business of selling at retail, leasing, renting, repairing or servicing of television sets or radios;

B. Imposing a fee or charge for any service or repair to subscriber-owned receiving devices except for the connection of its service or for the determination by the grantee of the quality of its signal to the recipients thereof;

C. Soliciting, referring, or causing or permitting the solicitation or referral of any subscriber to persons engaged in any business herein prohibited to be engaged in by the grantee;

D. Providing information concerning the viewing patterns of identifiable subscribers to any person, group or organization for any purpose.

(Ord. 254 § 13(e), 1980)

A. If the Federal Communications Commission or the Public Utilities Commission of the state or any other federal or state body or agency shall now or hereafter exercise any paramount jurisdiction over the subject matter of any franchise granted under this chapter, then to the extent such jurisdiction shall preempt or preclude the exercise of like jurisdiction by the city the jurisdiction of the city shall cease and no longer exist.

B. The preemption or preclusion of the exercise by the city of any of its police power shall not diminish, impair, alter, or affect any contractual benefit to the city or grantee nor any contractual obligation of the grantee under any franchise issued hereunder.

C. Any and all minimum standards governing the operation of the grantee and any and all maximum rates, ratios, and charges specified herein or in any franchise issued hereunder, existing now and at any time in the future, including such time as any paramount jurisdiction shall preempt or preclude that of the city, and any and all rights, powers, privileges, and authorities of the city to determine, establish, or fix any of the same, are each and all declared by the city and by any grantee accepting any franchise hereunder to be contractual in nature and to be for the benefit of the city.

(Ord. 254 § 13(f), 1980)

When not otherwise prescribed in this chapter, all matters herein required to be filed with the city shall be filed with the city clerk.

(Ord. 254 § 13(g), 1980)

A. In carrying out of the construction, maintenance and operation of the cable television system, the grantee shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation.

B. The grantee shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.

C. The grantee shall post in conspicuous places, available to employees and applicants for employment, notice setting forth the provisions of this nondiscrimination clause.

D. The grantee shall, in all solicitations or advertisements for employees placed by or on behalf of the grantee, state that all qualified applicants will receive consideration for employment without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation.

E. The grantee shall incorporate the foregoing requirements in all of its contracts for work relative to construction, maintenance and operation of the cable television system, other than contracts for standard commercial supplies or raw materials, and shall require all of its contractors for such work to incorporate such requirements in all subcontracts for such work.

(Ord. 254 § 14, 1980; Ord. 412 § 18, 2009)