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Ordinance No. 300 - Grant of CATV FranchisesF ..., .. ,... ...:: , r ` ~ . ~ . =- ~a~]sxacorklxxxsxxkxxxxxicccxxkxkxxca~xxkc~x~gxx~;sr~~xh}~~ Ls~tk7m~a[xRXx~atX%3ix3cBtalxXxx3cX~xxe&xSXAHX}~sXmX$XXx7g1a$x7txa' c ~~~ {~X~}X~YX1X~1f4L7L~CtiF~S4X44{CXkk~{R841q$SC~d~,Xd{RSjX$RXX3f'S[Xi$XP.ri~C3CX .. •..lxQC4c~iL`tas4SFSx}i~4~S~S$4ixgj5~x6iSK~x$~gxKtf'~S'J~X~'~2(itYP4xRG~t~t~48~~'b'+X.?4X$i~` ': p~~Cxxxx~cx~p[ki~k3:6tclx~Exxxxxxxxxxxxxxxxxxxxxxxxxxxxxx~' xxx ,,(d). Grantee, "Grantee" shall. mean the person, firm or ':corporation to whom or which a franchise, as herein ;. `•above defined, is granted by the Council under this ~ - - ~ ~ . chapter, and the lawful successor, transferee or assigned of said person, firm or corporation, (e) Street, "Str_eet" shall. mean L-he surface of and the ~. .:.space above and below any public street-, road, highway, ~ :freeway, lane, path, alley, court, sidewalk; parkway `or drive, now or hereafter existing as such within•the •. =City. - (f) Prroperty of Grantee, "Property of grantee" shall mean °a11 property o~,med, installed or used by a grantee in ';the conduct of a CATV =business in the City under the S `authority of •a franchise granted pursuant to-this ;chapter, _ -. (g) :CATV,, "CATV" shall mean a com~-nunity antenna television _* system as hereinafter defined, .' ~ ~ (h) Community Antenna Television SysL-em, "Community j `antenna. television system" shall mean a system of antenna, coaxial cables, wires, wave guides or other ~ ;conduct-ors, equipment o-t facilities designed, con- :?~structed or used for the purpose of providing tele- ~ _ ``vision or FP'I radio service by cable or through its a ~.`faciliti.es as herein contemplated, CATV shall not s - - mean or include the transmission .of any special , ;'program or .event for which a separate and distinct' '':charge is made to the subscriber in the manner: ., commonly kno~•m and referred to as "pay television," . ,.. i _ , ~ 2, ~ ~~ __ _ - ~ . . use of the streets independently of such telephone company facilities, said grantee shall be required to comply with all of the provisions V hereof as a "licensee", and in such event whenever the term "grantee" is used herein, it shall be deemed to mean and include "licensee." 3, ~. 6702 ~ ' !.,`, 1 Franchise to'Opeiate, Anon-exclusiva franchise ton - 1 ,.,. (`construct, operate and maintain a CATV ,system within all or any ..: _ t` =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 t11e terms and provisions of this chapter, ," ~ =` No. provision of this chapter may be deemed or construed ~, . ~ . ~;=;~~`: ;° _ to require the granting of a franchise when in the opinion of the `; Council it is in the publit interest- to restrict the number of r.; :.grantees Co one or more, `" y , 6703 Uses Permitted by Grantee, Any franchise granted pu-r- - suant to the provisions of this. chapter shall authorize and permit `',`~= ~.l the grantee to engage in the business of operating and providing a ~_ !i ",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 ariy public street, such 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 ~`=•:> s other persons, firms or corporations, including but not 7_imited to - any public utility or other grantee franchised or permitted to do • business in the City No franchise granted hereunder shall be construed as a franchise, permit or license to transmit any special program or event for which a separate and distinct charge is made to the subscriber in the mannex.commonly kno~•m and referred to as "pay. television", i`= . • and no.grantee shall directly or indirectly install, maintain or operate on any television set a coin box or any other device or _ `..means for collection of money for individual programs,.' The grantee may make a charge to.subscribers~for installa- . tion or connection to its CATV system and°a fixed monthly charge as filed and approved in any franchise granted hereunder,' No increase .,-. _. . _ ` : 4., ... ,.:. _ .-. ,, ,. - ~ ~ '` ,'.. ~ - - iu such rates aad charges to subscribers may be made without. the ".. ~; •. prior approval of the Council ,6704, Dw:ation of Franchise, No franchise,grant-e"d by the ' Council under this chapter shall be, fora term longer than to~enty '(20) years follo~oing the date of acceptance'of~such franchise by the grantee or the renewal thereof, - ~ Any such franchise granted. hereunder may be •terminated ' prior to its date of expiratioiz.by the Council in the event that said Council shall have found, after thirty (30) days! notice of ~ any proposed termination and public hearing, that; (a) •the'grantee has failed to comply with any provision of this chapter, or has, by act or omission, violated j any term of condition of any franchise"or permit j - "issued hereunder; or (b) .any provision of this chapter"has become invalid of • - " unenforceable and the Council further finds that d - - `.such provision coizstitutes a consideration material •. to the grant of said franchise; or j (c) the City acquires the CATV system property of the grantee, -: _ 6705. Franchise Pa ments.,~Any grantee granted a franchise under this chapter shall pay to the City, during the life of such franchise, ~~ five per cent (5%) of the gross annual receipts of grantee. However, • after the first full calendar year of service, the minimum annual pay- ; • went to city under this Section shall be $1,200. Such payment by the grantee to the City shall be made semi-annually, or as otherwise provided• _.. '__~ ___in the grantee's franchise, by delivery of the same to-the City Clerk. ., The. grantee shall file with the City, within forty-five (45) days after the expiration of any calendar year or portion _ .~" ~ thereof during which such franchise is in force, a financial state- • meat prepared by a certified public accountant, or person other~•Tise • satisfactory to the .City, showing in detail the gross annual receipts, A ~ • Q • as defined herein,., of grantee during the preceding .calendar year or .. - z 5< 1 - .. -. ~ ' . ~ . M1 _ ji n. ~.incurred in connection with the processing, evalua - • • • tion and preparaL-,ion of documents relating to such i _ ' franchise, as such shall be established in the : , ~ . . franchise agreement, in a total amount not to exceed ` Five Thousand, Dollars ($5000), . .6706 _Limi_tations of I`r~nchise, _ I ' . °: (a) Any franchise granted under. this chapter shall be ' ': ~.: ' ;.nonexclusive, .. ~ .. (b) No privilege o-r exemption shall be granted or con- ~ _ ferred by any franchise .granted under this chapter I t '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 subordinaL-e to any prior lawful occupancy i ~ aof the streets or other public property, 1 (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, iu whole or in part, either by fo-tce _. or. involuntary sale, or by voluntary sale, merger, ~ - `:consolidation or otherwise, without L-he 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 a si an instrument in writing Py b, a duly executed co of which - ,hall be filed in the office of the City Clerk within- thirty.(30) days after such transfer or assignment, ' The said consent of the Council may not• be a-rbitrari7_y - °refused; provided, however, the proposed assignee must show financial responsibility and must agree to ~ °-.comply with all provisions of"this chapter; and a ...• - A ~ ... .'_. - - ` .. _ ~. ~ 7. ; .. ,, a . ~ -. . .: , . . `- . . _ . `. i __ i. - w. - - - -`spriv'ileges, powers, icmnunities and. authorities within the City, to the effect that, 'as between grantee and City, any acid all construction,.operation and main- _ , ,tenance by any grantee of any CATV system in the City , _ ~shal7. be, and shall be deemed and construed in all 'instances and respects to be, under and pursuant to , - i ' -.said franchise, and .not under or pursuant to any other i , ,. ~ ". right, privilege, power,-immunity or. authority what-" ,:-. ~ - ',:soever. . _; - _ .: ~ i (k) Any franchise granted hereunder shall not authorize the erection of any poles on public or private ~. `..property unless specifically approved by the Council, - 6707 ~ ~hts Reserved to the City, ;. (a) Nothing herein shall be deemed or construed to impaa.r or affect, in-any way, to any extent the ri ht of the g - j City to acquire the property of the grantee, either by purchase or through t'ne 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.gram-ed, and nothing ' herein contained-shall be construed to confract away ~ ~or to modify o-r abridge, either for a term or in . perpetuity, the City's right of eminent domain, ; ,..- (b) The-re.is hereby rese-tved to the City every right and E • f `-power which is required to be herein •reserved or pro- . i - vided by any ordinance of the City; and L'he grantee, by its acceptance of any franchise; agrees to be bound thereby and to comply with any actiion or requirements` t ~ of the ,City in its exercise of such rights or poi,*er, j heretofore or hereafter enacted or established,. -- --- . - (c) Neither the granting of any franchise hereunder nor `.. ;any of the provisions contained herein shall be con---- _- __- .. ~--- ~ strued.to prevent the City from granting any identical, { ~ -- __ ,. 9. ' ~:: ;, ,, ~ . . -.. ~ ,:.s, r. ; . ~ j3 ~ 4 i 1 ~! or similar, franchise to any other. person, `firm or ' ;`corporation, within all or any portion of the City n (d) There is hereby reserved to the~c~ty the power to ~ _ • ~, :amend any seci:iou or part of .this.chapter so as to ,. .. 'require additional or greater standards of construe > `.tion, operation, maintenance or otherwise, on the { - . -•part of the grantee, '. j (e) NeiL-her. the granting of any franchise nor any prove j~ :.-sion hereof shall constitute a waiver or bar to the f exercise of any governmental right or power of the ~ city. - ~ I _ (f) 'The Council may do all things which are necessary and 'convenient in the exercise of its jurisdiction tinder ,: >' this chapter and may determine any question of fact • . .which may arise during the existence of any franchise ~ - -. .- granted hereunder, The City.;:-- Manager is hereby "authorized and empowered. to adjust, settle or coin- `promise any controversy o-r 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 dis- ~ .. r ., _ saL-isfied with the decision of the City> Manager - - `may appeal the matter to the Council fo-r hearing and determination. The Council may accept, rejector .modify the decision of the City Manager - and ~, the Council may adjust, settle or compromise°any j _controversy o-r cancel any charge arising from the . ,_ .operations of any grantee or from any provision of this j _. ,, chapter , ' ;: ,: ,.. ;. } v , -- ' I ~10. F ~.. ,. - _ , ., = `- r Y _ ': .6708.,. . , Permits, Tnsta.ll.ation and Se-rvi_ce, " '(a) Within sixty (60) days after acceptance of any ., : franchise the rantee.shal7. roceed erith d J ue diligence g p ; .. • . ' ' to obtain all necessary permits and autho-rizaL-ion ~ ,~ahich are ,required in the conduct of its business, including, but not limited t-o, any utility joint use 'attaclunent agreements, mcrowave,carrie-r licenses and 'any oL-her.permits, licenses and authorizations to be granted by duly constituted regulatory agencies having - jurisdiction over the operation of CATV systems, ~o-r their associated microwave transmission facilities, ' (b) ;Within ninety (90) days after .obtaining all necessary permits, licenses and authorizations, grantee shall . • conunence construction-and installation of the CATV ~`. ..system, ,. - '(c) Within ninety (90) clays aitex the"commencement of con- struction 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, " ~ The system sh511 be ,completely installed with service : ;provided to all subscribers, no later than the date - esL-ablished in the grantee's franchise,- '(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 6704 '': ,hereof; 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 ci-rcum- ~ :stances beyond his control, ' 11. . S - - - ~ ~ , ,. `' ` ;.6709 ,. _. . Location of. Ptopert-y of Grantee, (a) ,,,,. . Any poles, wires,. cable lines, coizduits o-t other ~ ' S: properties of the grantee to be constructed or '.`installed in streets, shall be so constructed or installed only at such 1ocaL-ionsand in such manner '. -as shall be approved by the Superintendent of Streets, acting. in the exercise of his reasonable discreL-ion, ` (b) The grantee sha71 not install or erect any facilities. ,. ... - .. or apparatus in or on other public property, places or rights-of-way, o-r within any privately o~med area __- __ ".:within the City which has not yet- become a public '"'street but is designated or- delineaL-ed as a proposed ;.public street- on any. tentative. subdivision map `..approved by the"City, except- those installed or li i i l ties now ex ng, erected upon public uti ity faci st ~, '''without obtaining the prior writL-en approval of the ... - " ::.:;Superintendent of Streets, (c) .,In those areas .and portions of the City where the li transmission or distribution facilities of both the .. .::.public utility providing telephone. service and those. of the utility-providing electric service are under-. - ground or hereafter may be placed, underground, then •~ `the grantee shall likewise construct, operate and maintain all of its transmission and distribution `,.facilities underground, For the purposes of this :.. subsection, "unde-rg-rotuid" shall include a partial ":underground system, e,g, streamlining, Amplifiers - '< in the grantee's transmission and distribution lines - 'may be in appropriate housings upon the surface of ahe ground as approved by,the Superintendent- of Streets, ,, :. ,.: ~ .,.. 12, ... •..: :, - , •. .: • - ~ .. , 9 6711 Changes Required by Public Tm~oyements.` The grantee shall; at its expense, proL-ecL-,~support, temporarily disconnect-, relocaL-e 'in the same street or other public place, or. remove from the street or other public place, any property of t-he graucee taken required by L-he ;'Superintendent of Streets by reason of traffic conditions, public safety, street vacation, freeway and street construction, change or establish meat of street grade, installation of sewers, drains, water pipes, - } power lines, signal lines,, and tracks or any other type of "structures o-t irnprovements by public agencies; provided, however, that the grantee i . . ,. •; --,shall in all-such cases have the privileges and be subject to the obli- j ~..,gations to abandon any property of t-he grantee in .place, as provided in Section 6710 hereof. ;.:.. 1 _ - fi :6712 , Failure to Ferform Street- L?ork. Upon failure of the ~-,grantee t-o commence, pursue, or complete any work rcqui-red by law or'by ~ . the provisions of-this chapter or by its franchise t-o be done in any 1 street or other public place, within the time prescribed, and to the 1 satisfaction of the Superintendent- of Streets, the Superintendent of 'Streets may, at his 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 Superintendent of Streets to the grantee within thirty (30) ~. ,~ days afL-er receipt of such itemized report. _ ' 6713, Fai.t-hful Performance Bond, ~- - - - "(a) ,The grantee shall, concurrently with the filing of and '..acceptance of award of any franchise granted under this '>chapterr, file with the City Clerk, and at all times • - ., thereafter maintain in £u11 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 L-he City Attorney, ~_ _ in the amount- of Ttiaenty-Five. Thousand Dollars ($25,000), _' renewable annually, and conditioned upon the faithful performance of grantee, and upon the fuxther condition _ ., _ ; . ',.. ~ - ~~ ~ - .~. ' ~ . ~ 14• _ • ~ -.. -~. .I. • - • . .,_ ~~. - - . .., v ': that in the event grantee shall ;fail to comply with - :. y p s of t-his .chapter,. o-r- - _ an one or more of the rovisiori 7 ":of any iranchis e issued to the grantee hereunder, there ,: >- '; . 'sha11 be recoverable'joiutly and several7.y from-the---- ' ~;principal and surety of such bond any•damages or loss ? " :suffered by the City as.a-resu7_t thereof, including the > `fu11 amount of any compensa'cion, indemnification, or cost of removal o-r abandonment of any property of the grantee 'as prescribed hereby which may be in default, plus a reasonable a1loo,ance for attorneys' Y-ees and costs, ~up to the full amount of the bond; said condition to be ~a cont•inuing obligation for.-the duration of such > .franchise and any renewal thereof and thereafter until • the grantee has liquidated all of its oliligations with - ' ` the City that- may have arisen from the acceptaizce.of ' said franchise or renewal by the grantee or from its _ :exercise of any privilege therein granted, The bond • ` sha11 provide L-hat thirty (30) days' prior written ' notice of intention not to reiiew,cancellation, or <. material change, be given to the City, (b). NeiL-her the provisions of this section, nor any bond ' accepted by the City pursuant hereto, nor any damages • `' , ~ - ,;-. recovered by t-he city thereunder, sha11 be construed --, ;'- to excuse faithful performance by the grantee or -limit the liability of the grantee under any franchise - ' issued hereunder or for damages, either to the ful l -- ~: amount of the bond or otherwise; ... ,, . y . i ..,.. .~ :: '. r c. ''franch~.se granted hereunder, maintain in fu11'forc`e - +and effect, at its-o~~ni cost and expense; a liability `.insurance policy in the amount of One Million Dollars 9 i .; ($1,000,000) in a company approved by the City 1 •. ,- g . Mana er ;and in a form satisfactory to the City ji # Attorney, indemnifying and saving harmless the City, ; ~ s: its officers and employees from•and against any and .. , j all .claims, .demands,.actions, suits, and proceedings ~ .;.by others, against all liability, to othe-ts, including ~ : ~ : but. not limited to aizy 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 ~:-- - 1 ~` . , ' _ grantee's CATV system, and against any. loss, cost, ~ " , . ":`expense-and damages resulting-therefrom, including ~ '. 3 reasonable attorneys' fees, arising out of the exec- `.cise or enjoyment of its £ranchise,irrespective of the amount of the comprehensive liability insurance ~ - - `- policy required hereunder. (b) "The grantee shall, concurrently with the filing of an acceptance of award of any franchise granted under this chapter, furnish to the CiL-y and file with the "~ ~ • .~ '.City Clerk, and at all times during the existence of -- ~ any franchise granted hereunder, maintain in full force ~ - i ,and effect9'at its own cost and expense, a general ~ comprehensive liability insurance polic in rotection Y P a of the City, its officers, boards, commissions, agents ' `.and employees, in a company approved by the City • Manager aiZd a form satisfactory to the City ~ ;_Attoriley, protecting the CiL-y and .all persons against ~ liability for loss or damage for personal injury, death '• and property damage, occasioned by the operations of '~ ~- " - ,. 3 _ - { } 16. E ._ E ~, . ... , .. ;... . .. .. ..,_ - • .: ,. - _ - - . 'grantee under such franchise, with minimum lability , limits of Five Hundred Thousand Dollars ($500,000) ;: ~ for personal injury o-r death of any one person-and _. ;.One Killion Dollars ($7.,000,000) for personal injury ' ~ r . or death of two ~or.more persons in any one occurrence, .. . , . ,;; ` and Fifty Thousand Do17_ars ($50,000) for damage _. ;_'L'o proper.ty resulting from any o~ie occurrence, (c)•'. The policies mentioned in the foregoing paragraph ~:sha11 name the City, its officers, boards, commissions, - •:;. agents and employees, as additional insureds and shall contain a provision that a written notice of cancel- °lation or reduction in coverage of said policy shall _ be delivered to the CiL-y teiZ (10) days in advance of ___-- -, '`. the effective date thereof.; if such insurance is ' . _ ..._ _ . `provided by a policy which also covers grantee o-r any other entity or person other than those above-named, '.then such policy shall: contain the standard cross- - liability endorsement; ; .' 6715 Inspection of P-roperiy and Records _ (a) At all reasonable times, the grantee shall permit any' .-' ,` duly authorized-representative of the City"to e~;amine _ -a11 property of the grantee, together with any appur- • tenant property of t-he grantee situated within or `.without L-he 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, Tf any such _ ;....maps or records are not kept in the City; or upon >xeasonable request made available in the City, and _ i=if the Council shall determine that an examination ' 'thereof is necessary or app{opriate, then all travel .; - •: :. _ ., '. .' .- .- - .r. '.. -... - ~ :.' ... .. "V.. 17. - .,. . ... .. .. _. . ' '(c) That the system and all equipmenti be designed and •'" rated for 24-hour per, day continuous operation, . ~ (d) - That the system provides a nominal signal level of ;; 2000 microvolts aL- the input te~miuals of each TV, ~ ~: • - receiver. ~ j (e) That the system si&nal-to nozse ratio rs not 1ess~ ::.' ;;-` than 40 decibels . (f). :That hum modulation of the picture signal.-is-less than 5°/. } (g) ,: That the system use components having. a~ VS4IR of 1 ,4 ~ or ,less, ~ ~ ',6717, Miscellaneous Provisions. ~ '(a).:- When not otherwise prescribed herein, all matters ?, herein ,required .to be. filed with, the City shall. be - • filed with the City Manager-- ~ - (b)~. The grantee shall pay to the City a sum of money suf-fi- ~ ~cient to.rei.mbu-rse it~for all publication expenses, - "" if any,-incurred by it in connection faith the granting ' of a franchise pursuance to L-he provisions of this Such pa a gilt shall be i~iade . witlii_n thirty chapter . , - -- `:, ` :(30) days after. the City furnishes the grantee tzith a f `,'' written statement of such expenses by delivery of same " • to the Director of Finance, r i _ - _ (c) The grantee shall maintain an office toithin the City =' :.limits or at a location which subscribers may call . ' ~ without incurring added message o-r toll charges so• ~: 'thaL- CATV maintenance service shall be promptly avail- '.~~ able to subscribers, • ,.(dj 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 re- • •.., quired to_provide service to any subscriber who does ~.: - v not pay the applicable connection fee or monthly' service charge, - . , 19 . . _ .. • - ~ . , . _. w E ' (4) A map spec.cfically sho~.~ing and deluleaL-in;; the ~; ':proposed service area or areas .within which apply= - ~<cant proposes to piovide CATV services and for l iah~.ch a fr<<inchise is requested s ;(5) A statement or scliedule in a.fo-rm approved by the `` City Manager of proposed rates and charges . to subscribers fo-r installation and services, and ~ E j - •a copy of proposed service agreement between the grantee and its subscribers shall accompany the ;application, For unusual circumstances, such as f uuder~round cable<required, or more than one t hundred fifty (150)•feet of distance from cable ` I ~ ~:': ~ Ito connection of service to subscribers; an addt- _ .. . 'tional installation charge over that normally ' charged for installation as specified in.the . . `:applicant's proposal may be charged, with ease- _ `~ments to be supplied by subscribers, For remote; relatively inaccessible subscribers within the ~ City, service may be made available on the basis `iof cost of materials, labor and easements if xequired by t-he grantee, as established by the ~ franchise, ~ •• _ (6) 3: A copy of any coizt-ract, if existing, between the applicant and any pu'olic utility providing for 1 `.the use of facilities of such public: utility, . $ such as poles, line's or conduits, ~ _ a (7) A statement setting forth all agreements<and under- ,. . _ standing, whether written, oral or implied, exist- 1 ~ _ _ _ - ing between the applicant and any person, firm or { '.corporation with respect to the proposed franchise ' o-r the proposed CA'PV operation, If- a.franchise is ^ granted to a person, firm or corporation posing as a t . _ a front or as the representative of another person, f j ;' 21, - . _ - ,{ R r t `.v t ~ . r. - ~ .. •~~ " the Dlunicipal Code. of the City of Rosemead ~ ~ •~ and no other purpose ~ohatsoever," '( ".Inclusion of the fo-regoirig statement in any such franchise shall riot be deemed.to limit the authority ij of the City to inc7.ude any other reasonable COltdlt~.0r1, F ;'.limitation or restriction which it may deem necessary ~.: •''°.•" ""'- ~ ~ to impose in connection with such franchise pursuant to the authority conferred by this chapter, ' 6720 Franchise Renewal, Any franchise granted"under this'.. ~- `.= chapter may be renewed, at the discretion of the Council, in tha same. mariner as required herein for obtaining L'he original. franchise, except those ~. which are by their terms expressly inapplicable;"provided, hooTever, that ,. .. _. 1 `,- the Council may at its option waive compliance with any or all of the j • requirements of Section 6719 hereof, 1 6721, Ac_ ceptance arld Effective Date of ;`ranchise, (a) No franchise granted pursuant to the pYovisions of ".this chapter 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 and Sections ,6713 "6714 (a) and 6.714 (b) ,i hereof a-re clone and completed, all of .such things • .,being hereby declared to be conditions precedent to the ;" . -effecL-iveness of any such franchise granted hereunder, I - : ''..In the event any of such things are not done and -completed in the Lime and manner required, the Council ` ,.may declare the franchise. null and void, (b) 47ithin twenty-five (25) days after the effective date, i of the ordinance awarding a franchise, or within such _ = extended period of time as the Council in its discre- - tion may authorize, tire. grantee shall file with the City Clerlc hi.s written acceptance, ir1 form sat isfacto-ry .. - - .. V - to the .City Attorney, of the franchise,. together with ., " 1 - - - ~ - _ .. r i .. - ~. f ~ . . ~ 23. i ,•, _, ~. the bond and insurance policies required by Sections . `.~ `.`6Z13 6714 (a) and 6714_(b) hereof; -respectively, and his agreement to be bound by and to co;nply with _ and to do all things requi.-red,of him by the p-rovi Visions of .t-his.chapt-er and the franchise, Such accept- ance and agreement shall be aclcnoF~Tledded by L-he grantee ~ I -before a notary public, and shall in form and content : .`:be saL-isfacL-ory to and, approved by the City Attorney - . .- 6722 i .. Violations,' ". , (a) • Prom and after the effective date of this chapter, it ,_ ',':shall be unlawful for any person to establish, operate 1 `~-or t-o carry on the business of distributing to any ~ ,, person .in this City and television signals o-r radio • `.:signals by meaizs of a,CATV system unless a franchise ' therefor has first been obt-aiiled pursuant to the ~ provisions of this chapter,' acid unless such franchise I ` ~is in .full force acid effect. (b) _ From and afte-t the effective date of this chapte-r,. it ~ ~ ~.sha17. be unlawful for .any person to construct, install _'or maintain within any public street in the City, or f _. .. :`.within any other public property of the City, o-r ~ ~ . within aiZy pr ivately••o~rneci area within the City which . !~ - 1 '. has not yet become a public street but is designated . ~ or delineated as a proposed public street on any i S tentative subdivision map approved by the City, any. _ i equipment or facilities for distributing any television ~ ' ='signals o-r radio signals Lhrough a CATV system, unless ,. - a franchise authorizing such use of such street or i .. - _ `:: property or area has first been obtained pursuant to ~ the provisions of this chapter, and unless such Fran- - i chise is in full force and effect, = (c) It shall be urila~aful for any, person, firm ox co-rpo-ra- tion to make any unauthorized connection whether . . , ... - 24. ;.