A. When not otherwise prescribed in this chapter, all matters herein required to be filed with the city shall be filed with the city clerk.
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 furnishes the grantee with a written statement of such expenses by delivery of same to the city clerk.
C. In the termination of commercial broadcast television programs, the grantee shall not delete the commercials of the program sponsor nor shall it interrupt any programs or parts thereof and substitute commercials or advertisements for those of such program sponsor. However, this section, if preempted by federal regulations or by contract with the commercial broadcast television programmer, shall be ineffective, insofar as it is in conflict with such federal regulations.
D. Grantee shall provide all basic subscriber services of its system, including multiple connection services, on a time and materials basis, to all public and nonprofit private schools, city police and fire stations, city recreation centers, and such other buildings owned or controlled by the city, which shall from time to time be designated by the city administrator; provided, however, that such buildings shall be located within the service area. Grantee shall install, without charge to grantor or such public or private schools, within two hundred feet of service connection from the transmission cable, otherwise maintained or required to be maintained by grantee for the service of paying subscribers of grantee. The grantor or any such public or private schools shall pay to grantee the costs of all labor and materials supplied by grantee for the installation of any service connection in excess of the initial two hundred feet.
E. Before grantee shall provide service to any subscriber, grantee shall obtain a signed contract from the subscriber containing a provision substantially as follows:
Subscriber understands that in providing service, grantee is making use of public rights-of-way within the city, and that the continued use of these public rights-of-way is in no way guaranteed. Subscriber agrees it will make no claim nor undertake any action against the city, its officers, its employees or grantee if a service to be provided by grantee hereunder is interrupted or discontinued because the continued use of such rights-of-way is denied to grantee for any reason. The form of grantee's contract with its subscribers shall be subject to approval of the grantor's attorney with respect to the inclusion of this provision.
F. The grantee shall comply with all applicable city construction codes and permit procedures.
G. All construction practices shall be in accordance with all applicable sections of Federal and State Occupational Safety and Health Acts and any amendments thereto as well as all state and local codes where applicable.
H. Antennas and support structures (towers) shall be painted, lighted, erected and maintained in accordance with all applicable rules and regulations of the Federal Aviation Administration and all other applicable state or local codes and regulations.
I. All of the grantee's plant and equipment, including but not limited to the antenna site, headend and distribution system towers, house connections, structures, poles, wire, coaxial cable, fixtures and appurtenances, shall be installed, located, erected, constructed, reconstructed, replaced, removed, repaired, maintained and operated in accordance with good engineering practices, performed by experienced maintenance and construction personnel so as not to endanger or interfere in any manner with the rights of any property owner, nor hinder or obstruct pedestrian or vehicular traffic.
J. The grantee shall at all times employ common care and shall use and maintain commonly accepted methods and devices for preventing failure and accidents that are likely to cause damage, injury or nuisance to the public.
K. Grounds for Revocation. The grantor reserves the right to revoke any franchise granted hereunder and rescind all rights and privileges associated with the franchise due to either of the following circumstances either of which shall represent a material breach of the franchise:
1. If the grantee should default in the performance of any of its material obligations under this chapter or the franchise agreement;
2. If the grantee should fail, after receiving ten days' written notice from the grantor to provide or maintain in full force and effect, the liability and indemnification coverages or bonds as required herein. The grantee shall be deemed to have failed to maintain the required insurance or bonds if the grantee fails to provide adequate assurance to the grantor that such insurance or bonds will remain in effect after grantor has been given notice of intent to cancel coverage by the insurance company or bonding company.
L. Procedures Governing Revocation.
1. The city shall give written notice to the grantee of its intent to revoke the franchise and the grounds therefor. Grantee shall have thirty days from such notice to object, in writing, and to state the reasons for such objection.
2. In the event the city does not receive a response satisfactory to it, it may then proceed to place its request for revocation of the franchise on the agenda for a council meeting. The city shall serve upon the grantee, at least ten days prior to the time and place of such meeting, a written notice of its intent to request such revocation, and the time and place of the meeting.
3. At the designated meeting, the grantee shall be afforded fair opportunity for full participation, including the right to introduce evidence, to be represented by counsel, and to question witnesses.
4. Any decision to revoke the franchise shall be made by a vote of three or more members of the city council.
5. Any revocation shall become effective immediately.
M. Any franchise granted pursuant to this chapter shall include the conditions that the CATV system franchise shall be used and operated solely and exclusively for the purpose expressly authorized by ordinance of the city and no other purpose whatsoever. Inclusion of this statement in any franchise shall not be deemed to limit the authority of the city or 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 chapter.
N. The grantee shall offer to make a lock box available to each of its subscribers. For purposes of this paragraph, a "lock box" is a parental control device, either in the form of a separate unit or incorporated into a descrambler or other piece of equipment used to provide cable television service, which is made operational by a key or by a code, and which enables the subscriber to prevent the viewing of any pay channel offering adult programming.
O. Unless the grantee's cable television system incorporates technology to prevent unwanted reception of audio and video signals from occurring under normal operating conditions, the system shall provide a written statement to all new subscribers advising them that audio or video signals, or both, may be present on certain channels to which they do not subscribe.
(Ord. 505 § 1(part), 1987).