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The term of a franchise and all rights, privileges, obligations and restrictions pertaining thereto shall be determined by the grantor from the effective date of such franchise or the effective date of any transfer or assignment thereof in accordance with § 114.099 of this chapter. The term of agreement will be specified in the franchise agreement. Such term shall not exceed ten years. The grantor shall award a non-exclusive franchise to construct, erect, operate and maintain in, upon, along, across, above, over and under the streets, alleys, public ways and public places laid out or dedicated and all extensions thereof and additions thereto in the city poles, wires, cables, underground conduits, manholes and other conductors and fixtures necessary for the operation and maintenance in the city of a cable system, and to furnish and to sell service from such cable system to the inhabitants of the city pursuant to the terms of this chapter.
(2013 Code, § 8-2.2) (Ord. 14586, passed 4-13-1998)
(A) Franchise non-exclusive. Any franchise granted under this chapter by the city shall not be exclusive, and the city reserves the right to grant a similar franchise to any person at any time.
(B) Privileges must be specified. No privilege of exemption shall be inferred from the granting of any franchise, unless it is specifically prescribed.
(C) Authority granted. Any franchise granted under this chapter shall give to the grantee the right and privilege to construct, erect, operate, modify and maintain in, upon, above, over and under streets, as defined in § 114.001 of this chapter, which have been or may be dedicated and open to public use in the city, towers, antennas, poles, cables, electronic equipment and other network appurtenances necessary for the operation of a cable system in the city, subject to the requirements of this chapter.
(D) Other regulatory agency’s rules and regulations. The grantee shall at all times during the life of any franchise granted under this chapter be subject to all lawful exercise of the police power by the grantor and other duly authorized regulatory state and federal bodies and shall comply with any and all ordinances which the grantor has adopted or shall adopt applying to the public generally and to other grantees.
(E) Pole use agreements required. Any franchise granted under this chapter shall not relieve the grantee of any obligation involved in obtaining pole or conduit use agreements from the gas, electric and the telephone companies or others maintaining poles or conduits in the streets of the city.
(F) Revisions. Any franchise granted under this chapter is made subject to any revisions of this chapter and the general ordinances of the grantor; provided that, such revisions do not materially alter or impair the obligations of the grantee set forth in any franchise agreement and are mutually agreed to by the grantor and grantee.
(2013 Code, § 8-2.3) (Ord. 14586, passed 4-13-1998)
(A) Right of amendment reserved to grantor. The grantor may from time to time add to, modify or delete provisions of this chapter as it shall deem necessary in the exercise of its regulatory powers and as may be mutually agreed to by the grantor and grantee. Such additions or revisions shall be made only after a public hearing for which the grantee shall have received written notice at least 30 days prior to such hearing.
(B) No impairment of city’s rights. Nothing in this chapter shall be deemed or construed to impair or affect in any way to any extent any right of the grantor pursuant to state law.
(C) Grantee agrees to city’s rights. The grantor reserves every right and power which is required to be reserved or provided by an ordinance of the grantor, and the grantee, by its acceptance of the franchise, agrees to be bound thereby and to comply with any action or requirements of the grantor in its exercise of such rights or powers which have been or will be enacted or established subject to the provisions of division (A) above.
(D) Powers of grantor. Neither the granting of any franchise, nor any provision governing the franchise, shall constitute a waiver or bar to the exercise of any governmental right or power of the grantor.
(E) Grantor transfer of functions. Any administrative right or power in or administrative duty imposed upon any elected official of the city shall be subject to transfer by the grantor to any other elected official, officer, employee, department or board.
(F) Grantor right of inspection. The grantor reserves the right, during the life of any franchise granted under this chapter, to inspect and oversee all construction or installation work performed in the public right-of-way.
(G) Grantor right of network installation. The grantor reserves the right, during the life of any franchise granted under this chapter, to install and maintain for a reasonable charge upon or in the poles and conduits of the grantee and pole fixtures necessary for municipal purposes other than providing cable service on the condition that such installation and maintenance thereof does not interfere with the operation of the grantee.
(2013 Code, § 8-2.4) (Ord. 14586, passed 4-13-1998)
No new cable franchise may be granted unless the applicant has successfully completed the application procedure in accordance with filing instructions promulgated by the grantor, as follows.
(A) Filing fee. Payment of a non-refundable filing fee to the grantor of $100 shall be paid, which sum shall be due and payable at the time with the submission of the application.
(B) Content. All applicants must complete an application that shall include, but not be limited to, the following:
(1) Name and address of applicant. The name and business address of the applicant, date of application and signature of the applicant or appropriate corporate officer;
(2) Description of proposed operation. A general description of the applicant’s proposed operation, including, but not limited to, business hours, operating staff, maintenance procedures beyond those required in this chapter, management and marketing staff policies and procedures and, if available, the rules of operation for public access;
(3) Signal carriage. A statement of the television and radio services to be provided, including both off the air and locally originated signals;
(4) Special services. A statement setting forth a description of the automated services proposed as well as a description of the production facilities to be made available by the grantee for the public, governmental and educational channels required to be made available by the provisions of this chapter;
(5) Corporate organization. A statement detailing the corporation organization of the applicant, if any, including the names and addresses of its officers and directors and the number of shares held by each officer and director;
(6) Stockholders. A statement identifying the number of authorized outstanding shares of the applicant’s stock, including a current list of the names and current addresses of its shareholders holding 5% or more of the applicant’s outstanding stock;
(7) Intercompany relationships. A statement describing all intercompany relationships of the applicant, including parent, subsidiary or affiliated companies;
(8) Agreements and understandings. A statement setting forth all agreements and understandings, whether written or oral, existing between the applicant and any other person with respect to any franchise awarded under this chapter and the conduct of the operation thereof existing at the time of the proposal submittal;
(9) Financial statement. A copy of the financial statements for the two previous fiscal years;
(10) Financial projection. A five-year operations pro forma which shall include the initial and continuing plant investment, annual profit and loss statements detailing income and expenses, annual balance sheets and annual levels of subscriber penetration. Costs and revenues anticipated for voluntary services shall, if presented, be incorporated in the pro forma as required in this chapter, but shall be separately identified in the pro forma;
(11) Financial support. Suitable written evidence from a recognized financing institution, addressed to both the applicant’s financial ability and planned operation have been analyzed by the institution and that the financing institution is prepared to make the required funds available to the applicant if it is awarded a franchise. If the planned operation is to be internally financed, a board resolution shall be supplied authorizing the obtainment and expenditure of such funds as are required to construct, install and operate the cable television system contemplated under this chapter;
(12) Construction timetable. A description of system construction including the timetable for provision and extension of service to different parts of the city;
(13) Technical description. A technical description of the type of system proposed by the applicant, including, but not limited to, system configuration (i.e., hub, dual cable), system capacity, two-way capability and the like;
(14) Existing franchises. A statement of existing franchises held by the applicant indicating when the franchises were issued and when the cable systems were constructed and the present states of the cable systems in each respective governmental unit, together with the name and address and phone number of a responsible governmental official knowledgeable of the applicant;
(15) Convictions. A statement as to whether the applicant or any of its officers or directors or holders of 5% or more of its voting stock has in the past ten years been convicted of or has any charges pending for any crime other than a routine traffic offense and the disposition of each such case; and
(16) Operating experience. A statement detailing the prior cable television experience of the applicant, including that of the applicant’s officers, management and staff to be associated, where known, with the proposed franchise.
(C) Supplementation to applications. The grantor reserves the right to require such supplementary, additional or other information that the grantor deems reasonably necessary for its determinations. Such modifications, deletions, additions or amendments to the application shall be considered only if specifically requested by the grantor.
(2013 Code, § 8-2.5) (Ord. 14586, passed 4-13-1998)
(A) Franchise acceptance, procedures. Any franchise awarded under this chapter and the rights, privileges and authority granted thereby shall take effect and be in force from and after the award thereof; provided that, the grantee shall file with the grantor the following:
(1) A statement by the grantee of the unconditional acceptance of the franchise;
(2) A certificate of insurance as set forth in § 114.136 of this chapter; and
(3) Reimbursement to the grantor for the costs of publication of the franchise ordinance and the holding of the election connected therewith, if required by law.
(B) Recourse of grantee. The grantee shall have no monetary recourse whatsoever against the grantor for any loss, cost, expense or damage arising out of any provision or requirement of this chapter or its regulation. This shall not include negligent acts of the grantor, its agents or employees that are performed outside the regulatory or franchise awarding authority under this chapter.
(C) Acceptance of power and authority of grantor. The grantee expressly acknowledges that, in accepting any franchise awarded under this chapter, it has relied upon its own investigation and understanding of the power and authority of the grantor to grant this franchise.
(D) Inducements not offered. The grantee, by acceptance of any franchise awarded under this chapter, acknowledges that it has not been induced to enter into this franchise by any understanding or promise or other statement, whether verbal or written, by or in behalf of the grantor concerning any term or condition of this franchise that is not included in this chapter.
(E) Grantee accepts terms of franchise. The grantee acknowledges by the acceptance of the franchise and the terms in the franchise and in this chapter that it has carefully read such terms and conditions and it is willing to and does accept all other obligations of such terms and conditions and further agrees that it will not claim that any provision of this chapter as adopted, or any franchise granted under this chapter, is unreasonable or arbitrary.
(F) Incorporation of proposals. The grantee, by the acceptance of any franchise awarded under this chapter, agrees that the matters contained in the grantee’s application for the franchise and as stated in oral presentations, except as inconsistent with the Federal Communications Commission rules and regulations, law or ordinance, shall be incorporated into the franchise as though set out verbatim.
(G) Forfeiture of proposal bond. If the grantee fails to comply with this section, it shall acquire to rights, privileges or authority under this chapter whatever, and the amount of the proposal bond or certified check in lieu thereof, submitted with its application, shall be forfeited in full to the grantor as liquidated damages.
(2013 Code, § 8-2.6) (Ord. 14586, passed 4-13-1998)
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