[Ord. No. 2453 §51, 12-15-1980; Ord. No. 2700 §1, 1-7-1985]
A. Any
person seeking a franchise under this Chapter shall petition the Council
therefor and shall specifically designate the proposed services.
B. The
petitioner shall provide complete information as to its legal, financial,
technical, character and other qualifications and its proposed construction
arrangements, which shall include an intended schedule of the time
within which it proposes to extend service to the area petitioned
for, on such form as may be specified by the City of Berkeley.
C. To
the extent practical, the Council or its delegated authority shall
permit and solicit competing proposals and may award or deny one (1)
or more franchises within the City.
D. The
petitioner shall appear upon request at all public hearings or committee
meetings set by the Council to consider his/her petition.
E. Franchise
options to be discussed and agreed upon by the City and grantee prior
to inclusion of said options in the franchise agreement include, but
are not limited to:
2. Overhead or underground installation of the cable system equipment;
4. Two-way capacity of system;
6. Administration of access channels; and
7. Production facilities of the grantee.
F. The
City may participate with other communities as a joint effort to solicit
bids.
[Ord. No. 2453 §52, 12-15-1980]
A. No
franchise granted pursuant to this Chapter shall become effective
for any purpose unless and until written acceptance thereof shall
have been filed with the City Administration, duly executed by the
proper officers of the grantee. Written acceptance, which shall be
in the form and substance approved by the City Attorney, must contain,
in addition to any other matters included, the following express representations
by the grantee:
1. It has carefully read the terms and conditions of this Chapter and
the franchise agreement and accepts all of the terms and conditions
imposed by this Chapter and the franchise agreement and agrees to
abide by the same;
2. It further acknowledges by the acceptance of the franchise that it
has carefully read the terms and conditions of this Chapter and expressly
waives any claims that any provisions hereof are unreasonable, arbitrary
or void; and
3. By accepting the franchise, it acknowledges that it has not been
induced to accept same by any promise, verbal or written, by or on
behalf of the City or by any third (3rd) person regarding any term
or condition of this Chapter or the franchise agreement expressed
therein. The grantee further promises that no promise or inducement,
oral or written, has been made to any City employee or official regarding
receipt of the cable system franchise.
B. The
written acceptance shall be filed by the grantee not later than 12:01
P.M. of the thirtieth (30th) day next following the granting of such
franchise. 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 by the City administration. The grantee shall
have no rights, remedies or redress unless and until the Council,
by resolution, shall determine that such acceptance be received and
then upon such terms and conditions as the Council may impose.