[Adopted 4-18-1995 by Ord. No. 101]
As used in this article, the following terms shall have the
meanings indicated:
All equipment and services subject to regulation pursuant
to 47 CFR 76.923.
Basic service as defined in the FCC rules, and any other
cable television service which is subject to rate regulation by the
City pursuant to the Act and the FCC rules.
The firm and/or corporation which is granted a non-exclusive
franchise for the establishment and operation of a community antenna
television system in the City, or anyone who succeeds the company
in accordance with the provision contained herein.
The City of New Buffalo, Michigan.
A channel on the system which is reserved for use by the
City of New Buffalo or for public access.
The Council of the City of New Buffalo, Michigan.
Any facility that receives over the air or by other means,
and amplifies or otherwise modifies, the signals broadcast by television
or radio stations as well as signals containing other information,
and distributes such signals by cable and/or other means to the public.
A channel on the system which is reserved for the carriage
of program material originated by the company or by another person.
The Federal Communications Commission.
All rules of the FCC promulgated from time to time pursuant
to the Act.
The grant of authority to the company to operate a CATV system
in the City of New Buffalo.
The total revenues received by the company from all services
to the City.
An increase in rates or a decrease in programming or customer
services.
Streets, avenues, highways, boulevards, concourses, driveways,
bridges, tunnels, parks, parkways, waterways, alleys, all other public
rights-of-way, and public grounds or waters within or belonging to
the City of New Buffalo.
A purchaser of any service delivered over the system to an
individual dwelling unit, where the service is not to be utilized
in connection with a business, trade, or profession.
A.
There is hereby granted to the company, Michiana Cablevision Corporation,
a nonexclusive franchise permit for the occupation or use of the public
ways within the City for the construction, operation, and maintenance
of a CATV system.
B.
This permit shall remain effective until December 31, 2001, unless sooner revoked as herein provided in Section 20-3 hereof. The company shall give, not later than 24 months prior to expiration of permit, notice of application for renewal to the City and, for at least seven months, the City may deal only with the existing operator and must make a decision to renew the franchise or reject it within 12 months. Only after the renewal application is rejected, within this time period, may the City entertain other applicants. The renewal application may be denied if:
[Amended 2-16-1999 by Ord. No. 121]
1.
There has been a material change in the operator's ability to provide
the required services and facilities.
2.
The operator failed to comply materially with the law or franchise
agreement.
3.
The technical quality of the signal does not meet FCC standards.
4.
The system and services to be provided do not meet the community's
need.
5.
The proposals made by the operator are otherwise not reasonable.
C.
Nothing in the franchise shall affect the right of the City to grant
to any other person a franchise to occupy and use the public ways
for the construction, operation, and maintenance of CATV or similar
facilities, within the City. The City shall give the company no less
than two weeks' notice of the hearing date of any application for
any additional franchise to another. Notice contained in this franchise
shall not prohibit the company from appearing before the City Council
and being heard on any application for any additional franchise to
another.
A.
The franchise permit granted herein shall be subject to the rights reserved by the City unto itself through its Charter, Chapter 13, Utilities, Sections 13.7 through 13.16, respectively, and herein included by this reference, with values as in Section 13.15 of Chapter 13 of the City Charter to be set by fair market value as appraised at the time of revocation, less any values as attributable to the franchise itself.
B.
Any franchise granted hereunder shall be subject to all applicable
state and federal laws, including rules and regulations established
by the FCC
A.
This franchise applies only to the operation of a CATV system as
provided herein, and does not take the place of any other franchise,
license, or permit which might be required by federal, state, and
local law.
B.
In the operation of its system, the company shall not deprive an
inhabitant of any building, by contract or otherwise, of any existing
right to use an individual or master antenna for the purpose of receiving
television signals.
The company shall not sell or transfer its system to another,
nor transfer any rights under this franchise to another without approval
by the City Council, provided that no sale or transfer shall be effective
until the vendee, assignee, or lessee has filed with the appropriate
office of the City, a written instrument, or instruments, properly
executed, setting forth the terms and conditions of such sale, assignment
or lease, the same to include an acceptance of the terms of this franchise
and an agreement to perform all conditions thereof not less than 90
days before such transfer or sale, approval or disapproval by the
City shall not be unreasonably withheld. During such time period,
the company shall continue to maintain quality service and perform
in good faith in accordance with the terms of the franchise. The City
Council shall treat any such transfer requests with due haste and
care so as not to unnecessarily hinder the operations of the company
and the Council shall determine approval or disapproval within 90
days of said written notice. The provisions of this section shall
not apply to the collateral assignment of this franchise for financing
purposes.
Subject to the provisions and restrictions of this franchise
and this Code or any other ordinance of the City, the company shall
have the right to:
A.
Construct, erect, operate, and maintain in, upon, along, across,
above, over, and under the public ways, poles, cables, underground
conduits, manholes, and other conductors and fixtures necessary for
the maintenance and operation of a CATV system within the City.
B.
Lease, rent, or in any other lawful manner, obtain the use of towers,
poles, lines, cables, and other equipment and facilities from any
and all holders of public licenses and franchises within the limits
of the City including but not limited to Ameritech and Indiana and
Michigan Electric Company, and to use company's distribution system
shall be those erected and maintained by Ameritech, Indiana and Michigan
Electric Company, or any others, or the City, when and where applicable,
providing mutually satisfactory rental arrangements can be entered
into with said utilities or City.
C.
No tower shall be placed or constructed without the prior approval
of the City.
A.
All transmissions and distribution structures, lines, and equipment
erected by the company within the City shall be so located as to cause
minimum interference with the rights and reasonable convenience of
property owners who adjoin any of the said public ways.
B.
In case of disturbances of a public way or paved area, the company
shall, at its own cost and expense, replace and restore such public
way or paved area in as good a condition as it was in before the work
involving such disturbance was done.
C.
If, at any time during the period of this franchise, the City shall
lawfully elect to alter or change the grade or any public way, the
company, upon reasonable notice by the City, shall remove and relocate
its poles, wires, cables, underground conduits, manholes, and other
fixtures at its own expense.
D.
Any poles or other fixtures placed in any public way by the company
shall be placed in such a manner as not to interfere with the usual
travel on such public way.
E.
The company shall, upon request of any person holding a building-moving
permit issued in the City, temporarily raise or lower its wires to
permit the moving of buildings. The expense of such temporary raising
or lowering of wires shall be paid by the person requesting the same,
and the company shall have the authority to require such payment in
advance. The company shall be given not less the 48 hours advance
notice to arrange for such temporary wire changes. The City or any
other nonprofit organization, including historical societies, shall
be exempt from any charges.
F.
The company shall, after giving notice to the City, have the authority
to trim trees upon and hanging over public ways and places in the
City so as to prevent the branches of such trees from coming in contact
with the wires and cables of the CATV system.
G.
In all sections of the City where all existing cable or other like
facilities of utility companies are presently or subsequently placed
underground, the company shall place its cables or other like facilities
underground.
A.
The company shall at all times employ ordinary care and shall install
and maintain in use, commonly accepted methods and devices for preventing
failures and accidents which are likely to cause damage, injuries,
or nuisances to the public.
B.
The company shall install and maintain its cables, fixtures, and
other equipment in accordance with all applicable federal, state,
and local laws, ordinances, codes, rules, and regulations, and in
such manner that they will not interfere with any installations of
the City or of a public utility serving the City.
C.
All structures and all lines, equipment, and connections in, over,
under, and upon the public ways or places in the City, wherever situated
or located, shall at all times be kept and maintained in a safe, suitable
condition and in good order and repair.
A.
Poles or other wire holding structures shall be erected by the company
only with prior approval of the City Council.
B.
Where a public utility serving the City desires to make use of the
poles or other wire holding structures of the company, but agreement
therefor with the company cannot be reached, the City may require
the company to permit such use for reasonable and just compensation,
provided that such use would not unduly interfere with the company's
operation.
A.
The City shall have the right to install and maintain free of charge
upon the poles and cables of the company any wire and pole fixtures
necessary for a police or fire alarm system, on the condition that
such wire or pole fixtures do not interfere with the CATV operation
of the company, and that such installation shall be installed in a
safe manner, in conformance with state and City regulations.
B.
At the expiration of this franchise or upon its revocation, as provided
for herein, the City shall have the right to require the company to
remove, at its own expense, all portions of the CATV system from all
public ways and places within the City.
The company shall, on or before the first day of April of each
year, file with the City Clerk, true and accurate maps or plats showing
the location of all existing cables, whether leased or owned outright.
Attached to such maps or plats shall be a list by address of current
subscribers.
A.
The company shall comply with all rules and regulations of the FCC
with respect to the reception, carriage and distribution of signals.
B.
Minimum channel complement shall include all VHF channels significantly
viewed, public, community, and education channels as required by the
FCC
C.
The company shall transmit and deliver over City channels, the signals
designated therefor by the City Council.
A.
The company shall operate facilities capable of distributing color
television signals, free from ghost images, interference, or distortions,
and accompanied with proper sound, to produce good pictures on state-of-the-art
television sets in good repair without interfering with other electrical
or electronic systems.
B.
For purposes of this section, the standards to be applied in determining
whether or not the company is producing a good picture or transmitting
signals of adequate strength to produce same are those acceptable
standards as set forth in the rules and regulations of the FCC relative
to CATV systems.
C.
The company shall demonstrate by instruments or otherwise to subscribers,
upon request, that a signal of adequate strength and quality is being
delivered. Such demonstration shall be made by taking a standard production
state-of-the-art television set with a screen of sufficient area as
to clearly demonstrate the relative merit of the delivered signal.
A.
The company shall maintain an office in the area which shall be open
during all normal business hours, have listed local telephone, and
be so operated that complaints and requests for repairs or adjustment
may be received at anytime, 24 hours per day.
B.
The company shall render efficient service, make repairs promptly,
and interrupt service only for good cause and for the shortest time
possible. Such interruptions, insofar as is possible, shall be preceded
by notice, and shall occur during periods of minimum use of the system.
C.
The company agrees to use its best efforts to restore service to
individual customers within 24 hours of interruption and in the event
of a general outage caused by an act of God or acts beyond the control
of the company, to use its best efforts to restore service within
five days and in such event to notify the City Clerk of anticipated
restoration of service so that citizens and customers may be properly
informed.
D.
Should it be impossible or impractical to correct any malfunctions
within 24 hours or less, then each subscriber whose television reception
is so disrupted shall receive a rebate from the company in the amount
of 1/13 of such subscriber's monthly charge for every additional twenty-four-hour
period that such subscriber's television reception is so disrupted,
unless said disruption in service was entirely beyond its control.
E.
Any rebate made to any subscriber under this section, in any month,
shall not exceed said subscriber's normal monthly fee paid to the
company.
F.
Complaint procedures shall be given to each new subscriber by the
company at the time of initial subscription to the CATV system. In
the instance of existing subscribers, changes in complaint procedures
shall be included with the next monthly billing.
A.
Purpose and interpretation. The purpose of this section is to adopt
regulations consistent with the Act and the FCC rules with respect
to basic cable service rate regulation, and to prescribe procedures
to provide a reasonable opportunity for consideration of the views
of interested parties in connection with basic cable service rate
regulation by the City. This section shall be implemented and interpreted
consistent with the Act and FCC rules.
B.
Rate regulations promulgated by FCC. In connection with the regulation
of rates for basic cable service and associated equipment, the City
shall follow all FCC rules.
C.
Filing, additional information, and burden of proof.
1.
A cable operator shall submit its schedule of rates for the basic
service tier and associated equipment or a proposed increase in such
rates in accordance with the Act and FCC rules. The cable operator
shall include as part of its submission such information as is necessary
to show that its schedule of rates or its proposed increase in rates
complies with the Act and the FCC rules. The cable operator shall
file 10 copies of the schedule or proposed increase with the City
Clerk. For purposes of this section, the filing of the cable operator
shall be deemed to have been made when at least 10 copies have been
received by the City Clerk, the City Council may, by resolution or
otherwise, adopt rules and regulations prescribing the information,
data, and calculations which must be included as part of the cable
operator's filing of the schedule of rates or a proposed increase.
2.
In addition to information and data required by rules and regulations of the City pursuant to Subsection C(1) of this section, a cable operator shall provide all information requested by the City Manager in connection with the City's review and regulation of existing rates for the basic service tier and associated equipment or a proposed increase in these rates. The City Manager may establish deadlines for submission of the requested information and the cable operator shall comply with such deadlines.
3.
A cable operator has the burden of proof of proving that its schedule
of rates for the basic service tier and associated equipment or a
proposed increase in such rates complies with the Act and the FCC
rules including, without limitation, 47 U.S.C. § 543 and
47 CFR 76.922 and 76.923.
D.
Proprietary information.
1.
If this section, any rules, or regulations adopted by the City pursuant to Subsection C(2) of this section, or any request for information requires the production of proprietary information, the cable operator shall produce the information. However, at the time the allegedly proprietary information is submitted, a cable operator may request that specific, identified portions of its response be treated as confidential and withheld from public disclosure. The request must state the reason why the information should be treated as proprietary and the facts that support those reasons. The request for confidentiality will be granted if the City determines that the preponderance of the evidence shows that non-disclosure is consistent with the provision of the Freedom of Information Act, 5 U.S.C. § 552. The City shall place in a public file for inspection any decision that results in information being withheld. If the cable operator requests confidentiality and the request is denied, where the cable operator is proposing a rate increase, it may withdrawal the proposal, in which case the allegedly proprietary information will be returned to it; or the cable operator may seek review within five working days of the denial in any appropriate forum. Release of the information will be stayed pending review.
2.
Any interested party may file a request to inspect material withheld
as proprietary with the City. The City shall weigh the policy considerations
favoring a non-disclosure against the reasons cited for permitting
inspection in light of the facts of the particular case. It will then
promptly notify the requesting entity and the cable operator that
submitted the information as to the disposition of the request. It
may grant, deny, or condition a request. The requesting party or the
cable operator may seek review of the decision by filing an appeal
with any appropriate forum. Disclosure will be stayed pending resolution
of any appeal.
3.
The procedures set forth in this section shall be construed as analogous
to and consistent with the rules of the FCC regarding requests for
confidentiality including, without limitation, 47 CFR 0.459.
E.
Public notice and initial review of rates. Upon the filing of 10 copies of the schedule of rates or the proposed increase in rates pursuant to Subsection C(1) of this section, the City Clerk shall publish a public notice in a newspaper of general circulation in the City which shall state that the filing has been received by the City Clerk and, except those parts which may be withheld as proprietary, is available for public inspection and copying, and interested parties are encouraged to submit written comments on the filing to the City Clerk not later than seven days after the public notice is published. The City Clerk shall give notice to the cable operator of the date, time, and place of the meeting at which the City Council shall first consider the schedule of rates or the proposed increase. This notice shall be mailed by first class mail at least three days before the meeting. In addition, if a written staff or consultant's report on the schedule of rates or the proposed increase is prepared for consideration of the City Council, then the City Clerk shall mail a copy of the report by first class mail to the cable operator at least three days before the meeting at which the City Council shall first consider the schedule of rates or the proposed increase.
F.
Tolling, order. After a cable operator has filed its existing schedule of rates or a proposed increase in these rates, the existing schedule of rates will remain in effect or the proposed increase in rates will become effective after 30 days from the date of filing under Subsection C(1) of this section above unless the City Council (or other properly authorized body or official) tolls the thirty-day deadline pursuant to 47 CFR 76.933 by issuing a brief written order, by resolution or otherwise, within 30 days of the date of filing. The City Council may toll the thirty-day deadline for an additional 90 days in cases not involving cost-of-service showing and for an additional 150 days in cases involving cost-of-service showings.
G.
Public notice, hearing on basic cable service rates following, tolling of thirty-day deadline. If a written order has been issued pursuant to Subsection F of this section and 47 CFR 76.933 to toll the effective date of existing rates for the basic service tier and associated equipment or a proposed increase in these rates, the cable operator shall submit to the City any additional information required or requested pursuant to Subsection C of this section. In addition, the City Council shall hold a public hearing to consider the comments of interested parties within the additional ninety-day or one-hundred-fifty-day period, as the case may be. The City Clerk shall publish a public notice of the public hearing in a newspaper of general circulation within the City which shall state the date, time, and place at which the hearing shall be held, and that interested parties may appear in person, by agent, or by letter at such hearing to submit comments on or objections to the existing rates or the proposed increase in rates, and that copies of the schedule of rates or the proposed increase in rates and related information (except those parts which may be withheld as proprietary) are available for inspection or copying from the office of the Clerk. The public notice shall be published not less than 15 days before the hearing.
H.
Staff or consultant report and written response. Following the public hearing, the City Manager shall cause a report to be prepared for the City Council which shall (based on the filing of the cable operator, the comments or objections of interested parties, information requested from the cable operator and its response, staff or consultant's review, and other appropriate information) include a recommendation for the decision of the City Council pursuant to Subsection I of this section. The cable operator may file a written response to the report with the City Clerk. If at least 10 copies of the response are filed by the cable operator with the City Clerk within 10 days after the report is mailed to the cable operator, the City Clerk shall forward it to the City Council.
I.
Rate decisions and orders. The City Council shall issue a written order by resolution or otherwise, which in whole or in part, approves the existing rates for basic cable service and associated equipment or a proposed increase in such rates, denies the existing rates or proposed increase, orders a rate reduction, prescribes a reasonable rate, allows the existing rates or proposed increase to become effective subject to refund, or orders other appropriate relief, in accordance with the FCC rules. If the City Council issues an order allowing the existing rates or proposed increase to become effective subject to refund, it shall also direct the cable operator to maintain an accounting pursuant to 47 CFR 76.933. The order specified in this section shall be issued within 90 days of the tolling order under Subsection F of this section in all cases not involving a cost-of-service showing.
J.
Refunds and notice. The City Council may order a refund to subscribers
as provided in 47 CFR 76.942. Before the City Council orders any refund
to subscribers, the City Clerk shall give at least seven days written
notice to the cable operator by first-class mail of the date, time,
and place at which the City Council shall consider issuing a refund
order and shall provide an opportunity for the cable operator to comment.
The cable operator may appear in person, by agent, or by letter at
such time for the purpose of submitting comments to the City Council.
K.
Written decision and public notice. Any order of the City Council pursuant to Subsections I and J of this section shall be in writing, shall be effective upon adoption by the City Council, and shall be deemed released to the public upon adoption. The Clerk shall publish notice of any such written order in a newspaper of general circulation within the City which shall summarize the written decision and state that copies of the text of the written decision are available for inspection or copying from the office of the Clerk. In addition, the City Clerk shall mail a copy of the text of the written decision to the cable operator by first class-mail.
L.
Rules and regulations. In addition to rules promulgated pursuant to Subsection C of this section, the City Council may, by resolution or otherwise, adopt rules and regulations for basic cable service rate regulation proceedings (including, without limitation, the conduct of hearings), consistent with the Act and the FCC rules.
M.
Failure to give notice. The failure of the City Clerk to give the
notices or to mail copies of reports as required by this section shall
not invalidate the decisions or proceedings of the City Council.
N.
Additional hearing. In addition to the requirements of this section,
the City Council may hold additional public hearings upon such reasonable
notice as the City Council, in its sole discretion, shall prescribe.
O.
Additional powers. The City shall possess all powers conferred by
the Act, the FCC rules, the cable operator's franchise, and all other
applicable law. The powers exercised pursuant to the Act, the FCC
rules, and this chapter shall be in addition to powers conferred by
law or otherwise. The City may take any action not prohibited by the
Act and the FCC rules to protect the public interest in connection
with basic cable service rate regulation.
P.
Failure to comply and remedies. The City may pursue any and all legal
and equitable remedies against the cable operator (including, without
limitation, all remedies provided under a cable operator's consent
agreement with the City) for failure to comply with the Act, the FCC
rules, any orders or determinations of the City pursuant to this section,
any requirements of this section, or any rules or regulations promulgated
hereunder. Subject to applicable law, failure to comply with the Act,
the FCC rules, any orders or determinations of the City pursuant to
this section, any requirements of this section, or any rules and regulations
promulgated hereunder, shall also be sufficient grounds for revocation
or denial of renewal of a cable operator's consent agreement.
A.
The company shall extend the installation of cable amplifiers and
related equipment throughout the City as rapidly as is practicable.
B.
Within one year from the date of certification from the FCC, the
company shall be capable of providing basic service on a regular basis
to all residences in the City.
C.
Initial channel capacity of the system shall be no less than 54 channels,
and two channels in addition to the local channels reserved in the
basic line up are to be designated for City use.
D.
The company shall provide basic service to one outlet on each floor
of all existing or future police and fire stations, the City Hall,
and all public and private schools located within the City without
any charge therefor.
E.
In the event of an emergency situation, the City may interrupt signals
otherwise being distributed by the company for the delivery of signals
necessitated by such emergency.
F.
No person, firm, or corporation in the company's franchise area shall
be arbitrarily refused service. For unusual circumstances, such as
weather conditions affecting requirements for the underground cable
construction of service to subscribers, service may be made available
on the basis of an installation payment by the prospective subscribers
to the company, to reimburse the company for its costs. This section
is in the interest of not unfairly burdening existing subscribers
with higher than normal incidental costs of said installation.
A.
The company shall maintain throughout the term of its franchise liability
insurance insuring the City and the company with regard to all damages
for which the City and/or the company may be liable, including, but
not limited to, damages arising from the installation, operation,
maintenance, or removal of the company's CATV system, whether or not
any act or omission complained of is authorized, allowed, or prohibited
by the franchise.
B.
The company, by its acceptance of this franchise, agrees to indemnify
the City and hold the City harmless from all claims, demands, penalties,
and expenses (including reasonable attorney fees) which the City may
be required to pay as a result of the company's acts or negligence
in the installation, operation, or maintenance of the CATV system
authorized herein. Further, following the receipt of notice of the
City of the filing or assertion of any such claim or demand against
the City and/or company, the company will promptly assume responsibility
and prosecute to a conclusion the adjustment and settlement of any
such claim or demand and the defense of any legal action filed incident
thereto. Within 15 days after the presentation to or the filing with
the City of any such claim or demand, whether by legal action or otherwise,
the City shall notify the company's representative thereof. The company
shall carry and pay the cost of the following liability insurance
in support of its undertaking to hold the City harmless from loss
sustained by either on account of the acts or negligence of the company,
in at least the amounts indicated below, for injury to or death of
persons and injury to or destruction of property.
C.
The liability insurance referred to in this section shall be in the
following amounts:
1.
Five hundred thousand dollars for personal injury or death to any
one person, with a limit of $1,000,000 for personal injury and property
damage combined resulting from any one accident;
2.
Five hundred thousand dollars for property damage resulting from
any one accident, with a limit of $1,000,000 for personal injury and
property damage combined resulting from any one accident;
3.
Five hundred thousand dollars for all other types of liability.
The company shall, within 30 days of the grant of a franchise
to it pursuant to this chapter, file with the City Clerk, and at all
times thereafter maintain in full force and effect for the term of
the franchise, and its expense, a corporate surety bond, or such other
surety arrangement as the Council may approve, in the amount of $25,000,
conditioned upon the faithful performance by such cable communications
company of its obligations under its franchise as herein set forth,
and upon the further condition that if such cable communications company
shall fail to comply with any one or more provisions of the Chapter,
there shall be recoverable jointly and severally from the principle
and surely of such bond any damages or loss suffered by the City as
a result thereof, including the full amount of any compensation indemnification,
or cost of removal of any property of such cable communications company
as provided in Chapter plus attorney's fees and costs, up to the full
amount of the bond, said condition to be a continuing obligation for
the duration of any franchise granted under this chapter and any renewal
thereof and thereafter until such cable communications company has
liquidated all of its obligations with the City which may have arisen
under the franchise or from the exercise of any privilege or right
granted thereby. Any bond provided under this section shall provide
that at least 30 days prior notice of any intention not to renew,
to cancel or to make a material change therein shall be filed with
the City Clerk. Nothing herein shall be construed to excuse faithful
performance by any cable communications company or in any way to limits
its liability for damages or otherwise.
The company shall keep full, true, accurate, and current books
of accounts reflecting its investment and its operations under this
franchise, which financial books and records shall be kept and maintained
by the company and shall be made available for inspection and copying
by the City's independent auditor or his authorized representative,
at all reasonable times at the company's normal place of business,
with reasonable prior notice, during regular business hours.
The company shall assume the cost of publication and preparation
of this franchise as such publication is required by law and as such
preparation by cost. The bill for publication and preparation costs
shall be presented to the company by the appropriate City officials
upon the company's filing of its acceptance of this franchise and
the said publication and preparation costs shall be paid at that time
by the company.
[Amended 2-16-1999 by Ord. No. 121]
In consideration of the granting and exercise of a franchise
to use the streets of the franchise area for the purpose of operating
a cable television system for the use and benefit of the subscribers
therein, the grantee shall pay yearly to the City during the entire
time of any franchise granted pursuant to this ordinance, an annual
franchise fee equal to 5% of the grantee's yearly gross revenues derived
from al cable services provided by grantee within the City, or $250,
whichever is greater. Any franchise payments to the City by grantee
shall not be in lieu of any occupation, income, license or property
tax or similar levy, assessment or charge which would otherwise apply
to and be payable by grantee.
