This chapter is adopted pursuant to the municipal affairs provision of the Charter of the city of Sunnyvale, and in exercise of the rights, powers, and privileges prescribed and established in Section 53066 of the Government Code of California.
(Prior code § 11-4.102; Ord. 1420 § 1, 1968)
The city council hereby finds and determines that:
(a) 
Community antenna television systems (called CATV) through a form of master television antenna service are designed to provide the general public with better television reception than is obtainable by individual antennas, and, in addition, to provide music, local news, emergency and other messages, data, information and electrical impulses.
(b) 
With limited exception, CATV systems are not now subject to any comprehensive system of regulation or control by either the federal or state government.
(c) 
The burden and responsibility and the jurisdiction to regulate and control CATV systems has rested, and will continue to rest, with local governmental jurisdictions where such systems exist or are proposed.
(d) 
The technological developments in the CATV systems industry have advanced to such stage that the operation of one or more such systems in the city is desirable and would be in the best interest and welfare of the city and of its citizens.
(e) 
The best interest and welfare of the city and of its citizens require that any CATV systems operating in or near the city be subject to reasonable, comprehensive, and strict regulation and control as to rates to subscribers, service to be provided, and standards of operation.
(f) 
The subject matter of CATV systems is such that there exists the likelihood of both federal and state regulation and control over all or some parts thereof, but the time, manner, nature, or extent of any such regulation or control is uncertain and indefinite.
(g) 
This chapter, and any franchise granted hereunder, shall be construed and considered as being contractual in nature and effect, between the city, any offeror-applicant for, or grantee of any franchise, the citizens of the city, and any subscribers of any grantee of such franchise. This chapter shall be construed and considered as exercise of the police power of the city, the various regulatory and controlling provisions of which shall be and remain effective, unless and until superseded or otherwise replaced by paramount law. The superseding or other replacement of any of such provisions by such paramount law shall not affect any other such provisions. All of such provisions shall govern and be effective to the maximum extent allowable by law, and until so superseded or replaced, to the end that the subject matter governed hereby shall exist in this city only upon such terms and conditions as declared in this chapter, or in any franchise granted hereunder.
(Prior code § 11-4.103; Ord. 1420 § 1, 1968)
For the purpose of this chapter, and any rules, regulations, or specifications adopted hereunder, the following words, terms, phrases, abbreviations, and the derivatives of any thereof shall have the meaning set forth herein. When not inconsistent with tile context, words used in any particular tense, number, or gender include any other tense, number, and gender. The word "may" is always directory and discretionary and not mandatory; the word "shall" is always mandatory and not directory or discretionary.
"CATV"
means community antenna television systems and includes any and all systems, methods, facilities, and means wherein or whereby coaxial cables, wave guides, or other devices, equipment, or techniques are utilized in whole or in part for collecting, conducting, transmitting, amplifying, relaying, or distributing programs, electrical impulses, or any other messages, data, or information as a service or commodity as herein contemplated.
"CATV" does not mean or include the transmission or distribution of any special program or event for which a separate and distinct charge is made to the subscriber in the manner commonly known as "pay television."
"City"
means the city of Sunnyvale, California, including all of the territory and jurisdiction thereof as presently constituted, and any and all of the same which shall later come into existence by any manner or means whatsoever.
"City manager"
means the chief executive officer of the city of Sunnyvale.
"Council"
means the city council of the city of Sunnyvale.
"Franchise area"
means the territory within the city throughout which the grantee shall be authorized hereunder to construct, maintain, and operate its system and shall include any enlargements thereof and additions thereto.
"Grantee"
means any person receiving the grant of any franchise hereunder, and includes any lawful successor to the interest of such person.
"Gross receipts"
mean any and all moneys and the fair market value of any other thing which is received directly or indirectly from any person for the use and benefit of the grantee for any reason. "Gross receipts" do not include any taxes on any service furnished by the grantee imposed directly upon the subscribers of the grantee by the city, state, or other governmental unit and which are collected by grantee for such governmental use.
"Person"
means any natural person, firm, association, organization, partnership, trust, or association of persons, joint venture, corporation or company, and any officer or agent thereof.
"Principal community contour"
means the signal contour which a television station is required to place over its entire principal community by the rules and regulations of the Federal Communications Commission.
"Program"
means any sign, signal, picture, image, or sound of any kind, or any combination thereof.
"Street"
means the surface of and the space above and below any public street, road, highway, freeway, thoroughfare, way, alley, court, sidewalk, parkway, drive, or other such interest or place in which the public has any estate, or with respect to which there is public control or direction as to the use or occupancy thereof, which now or hereafter shall exist within the city.
"Subscriber"
means any person, place, or thing within the city receiving for any purpose any CATV service of any grantee herein.
"System"
means the complete assemblage of methods, facilities and means, owned, or controlled, or utilized by any grantee, which are united by some form of interaction or interdependence into an organized whole, in such manner as to have the capacity to collect, conduct, transmit, amplify, relay or distribute programs, and includes, but is not limited to, such items as interests in real and personal property, facilities, records, files, rights, privileges, powers and authorities, wherever situate, which are owned, or controlled, or utilized, or possessed by a grantee exclusively for CATV purposes within the city, and which are particularly designed for or adapted to such purposes, but shall not include such items which are used for CATV purposes by a grantee, but which are not particularly designed for or adapted to or otherwise limited in their application for such purposes.
(Prior code § 11-4.104; Ord. 1420 § 1, 1968)
The city council may grant a nonexclusive franchise:
(a) 
To construct, operate and maintain a community antenna television system in the city of Sunnyvale; or
(b) 
To traverse any portion of the city of Sunnyvale for the transmitting or conveying of the services of a community antenna television system elsewhere, to any person so offering and making application therefor, under and pursuant to the terms and provisions of this chapter and in the manner herein provided.
(Prior code § 11-4.105; Ord. 1420 § 1, 1968)
Each application for a franchise to construct, operate, or maintain any CATV systems in this city, or to traverse any portion of the city, for the transmitting or conveying of such service elsewhere, shall be filed with the city clerk.
(Prior code § 11-4.201; Ord. 1420 § 1, 1968)
Each application to operate within this city shall contain or be accompanied by the following:
(a) 
The name, address, and telephone number of the applicant;
(b) 
A detailed statement of the corporate or other business entity organization of the applicant, including, but not limited to, the following to whatever extent required by the city:
(1) 
The names and residence addresses and business addresses of all officers, directors, and associates of the applicant,
(2) 
The names and residence addresses and business addresses of all persons and entities having, controlling, or being entitled to have or control five percent or more of the ownership of the applicant and the respective ownership share of each such person or entity,
(3) 
The names and addresses of any subsidiary of the applicant and of any other business entity owned or controlled in whole or in part by the applicant, and a statement describing the nature of any such subsidiary or business entity, including but not limited to systems owned or controlled by the applicant, and any such subsidiary or business entity and the areas served thereby,
(4) 
A detailed description of all previous experience of the applicant in providing CATV service and related or similar fields,
(5) 
A detailed and complete certified financial statement of the applicant for the fiscal year next preceding the date of the application hereunder, or a letter or other acceptable evidence in writing from a recognized lending institution or funding source, addressed to both the applicant and the council, setting forth the basis for a study performed by such lending institution or funding source, and a clear statement of its intent as a lending institution or funding source to provide whatever capital shall be required by the applicant to construct and operate the proposed system in this city;
(c) 
A detailed description of the proposed plan of operation of the applicant which shall include, but not be limited to, the following:
(1) 
A detailed map indicating all areas proposed to be served, and a proposed time schedule for the installation of all equipment necessary to become operational throughout the entire area to be served. Provided, however, the grantee of any franchise hereunder shall be required to operate its system and provide service to each subscriber throughout the entire city or any area annexed to the city, within two years after the effective date of the franchise, or the date on which annexation of an area to the city is completed, whichever is later,
(2) 
A statement or schedule setting forth all proposed classifications of rates and charges to be made against subscribers and all rates and charges as to each of any said classification, including installation charges, service charges, special, extraordinary, and other charges. The purchase price, terms, and nature of any optional or required equipment, device, or other thing to be offered for sale to any subscriber shall be described and explained in detail. Provided, further, that nothing shall be offered for sale, in trade, or taken in trade from any subscriber and no inducement other than a reduced charge shall be offered to any subscriber to cause him to sign up for the service,
(3) 
A detailed, informative, and referenced statement describing the minimum equipment and operational standards proposed, and the actual equipment and operational standards proposed by the applicant, including but not limited to such detailed and referenced information respecting:
(A) 
The nature, functions, and capability of all equipment and components
(B) 
The rating of all equipment and components in terms of duration and continuity of operation
(C) 
The signal-to-noise ratio of the proposed system
(D) 
The hum modulation of the picture signal of the proposed system
(E) 
The location of the master antenna
(F) 
The signal strength, in terms of micro-volts per meter and percentage of time at a receiving antenna of given height, as to all channels to be carried on the system
(G) 
The minimum signal strength in terms of micro-volts to be received by each subscriber, as measured at the antenna terminals of the television receiving set of the subscriber and
(H) 
Such other and further detailed and referenced information concerning such equipment and operational standards as shall be required or requested by the council,
(4) 
A copy of the form of any agreement, undertaking, or other instrument proposed to be entered into between the applicant and any subscriber,
(5) 
A detailed statement setting forth in its entirety any and all agreements and undertakings, whether formal or informal, written, oral, or implied, existing or proposed to exist between the applicant and any person, firm, or corporation which shall in any manner, directly or indirectly relate or pertain to or depend upon the application, proposed franchise, or any operation or proposed operation thereunder or with respect thereto;
(d) 
A copy of any agreement, if existing, between the applicant and any public utility subject to regulation by the California Public Utilities Commission providing for the use of any facilities of the public utility, including but not limited to poles, lines, or conduits;
(e) 
Any other details, statements, information or references pertinent to the subject matter of such offer or application which shall be required or requested by the council, or by any provision of the Charter or codes of the city;
(f) 
An application fee in the sum of one thousand dollars, which shall be in the form of cash, certified or cashier's check, or money order, which shall apply toward the costs of studying, investigating, and otherwise processing such application, and which shall be in consideration thereof and not returnable or refundable in whole or in part; provided, that any applicant who shall deliver to the city clerk a written withdrawal of any offer and a cancellation of any application hereunder, not later than the seventh day next following the day such application is received by the city clerk, shall be entitled to have returned and refunded the sum of seven hundred fifty dollars, less any actual costs or expenses incurred by the city by reason of such offer and application which shall exceed two hundred fifty dollars.
(Prior code § 11-4.202; Ord. 1420 § 1, 1968)
Each application to traverse this city for operation outside of the city shall contain or be accompanied by the following:
(a) 
All of the details, statements, and information required in Section 5.40.070 except that provided for in subsections (c)(2) and (4), (d), (e) and (f) thereof;
(b) 
A detailed, informative, and referenced statement describing all of the equipment and components proposed to be installed or used within the city, and the manner and standards of all operations proposed within the city, including but not limited to such detailed and referenced information respecting:
(1) 
The nature, functions, and capabilities of all equipment and components,
(2) 
The rating of all equipment and components in terms of duration, need for maintenance, repair, or replacement,
(3) 
The propensities and capabilities of all equipment and components in terms of interference or effect, whether beneficial, detrimental, minimal or maximal, upon any and all other equipment, components, activity, being, or thing, and
(4) 
Any other details, statements, information, or references pertinent to the subject matter of such application which shall be required or requested by the council, or by any provision of the Charter or codes of the city;
(c) 
An application fee in manner and form as provided for in subsection (f) of Section 5.40.070; provided, that the amount thereof shall be in the sum of five hundred dollars, and the returnable and refundable amount thereof, as provided, shall be the sum of three hundred fifty dollars, less any actual costs or expenses incurred by the city by reason of such offer and application which shall exceed one hundred fifty dollars; and provided further that the city council shall have the right, upon reasonable necessity therefor, to require such applicant to pay such additional amounts as application fees, but not to exceed the additional sum of five hundred dollars.
(Prior code § 11-4.203; Ord. 1420 § 1, 1968)
The council may, by advertisement or any other means, solicit and call for offers and applications for CATV franchises, and may determine and fix any date upon or after which the same shall be received by the city, or the date before which the same must be received, or the date after which the same shall not be received, and may make any other determinations and specify any other times, terms, conditions, or limitations respecting the soliciting, calling for, making and receiving of such offers and applications. The council shall not be required to solicit or call for such offers or applications and may receive or refuse to receive any of the same, solicited, called for, or otherwise, as the council may elect.
(Prior code § 11-4.204; Ord. 1420 § 1, 1968)
Upon receipt of any offer and application for franchise, the council shall refer the same to the city manager who shall prepare a report and make his recommendations respecting such offer and application, and cause the same to be completed and filed with the council within sixty days.
(Prior code § 11-4.205; Ord. 1420 § 1, 1968)
Upon receiving the report and recommendations of the city manager, the council shall determine either to further consider the offer and application with a view to accepting it upon such terms and conditions as the council shall determine, and as herein provided, or to reject such offer and application. In making any determination hereunder as to any offer and application, the council may give due consideration to the quality of the service proposed, rates to subscribers, income to the city, experience, character background, and financial responsibility of any offeror-applicant, and its management and owners, technical and performance quality of equipment, willingness and ability to meet construction and physical requirements, and abide by policy conditions, franchise limitations and requirements, and any other considerations deemed pertinent by the council for safeguarding the interest of the city and the public. The council may determine that the award of any franchise shall be made on the basis of such considerations and without competitive bidding, or otherwise, in its discretion. If the council determines to reject such offer and application, such determination shall be final and conclusive, and the same shall be deemed rejected.
(Prior code § 11-4.206; Ord. 1420 § 1, 1968)
If the council shall determine to further consider the offer and application, the following shall be done:
(a) 
The council shall decide and specify the terms and conditions of any franchise to be granted hereunder and as herein provided.
(b) 
The council shall pass its resolution of intention to consider the granting of such a franchise, giving notice of receipt of the offer and application, and describing the character of the franchise desired, stating the name of the proposed grantee, the character of the franchise, the terms and conditions upon which such franchise is proposed to be granted, that copies of the proposed franchise may be obtained at the office of the city clerk, fixing and setting forth a day, hour, and place certain when and where any persons having any interest therein or objection to the granting thereof may file written protests and appear before the council and be heard, and directing the city clerk to publish the resolution at least once within ten days of the passage thereof.
(c) 
Within ten days after the passage of the resolution the city shall cause the same to be published in a newspaper of general circulation within the city.
(Prior code § 11-4.207; Ord. 1420 § 1, 1968)
At the time set for the hearing, or at any adjournment thereof, the council shall proceed to hear all written protests. Thereafter, the council shall make one of the following determinations:
(a) 
That such franchise be denied; or
(b) 
That such franchise be granted upon the terms and conditions as specified in the resolution of intention to grant the same; or
(c) 
That such franchise be granted, but upon the terms and conditions different from those specified in the resolution of intention to grant the same.
(Prior code § 11-4.208; Ord. 1420 § 1, 1968)
If the council determines that a franchise be denied, such determination shall be by resolution and shall be final and conclusive. If the council determines that a franchise be granted upon the terms and conditions as specified in the resolution of intention to consider granting the same, such determination shall be by ordinance, granting a franchise upon such terms and conditions so specified. If the council determines that a franchise be granted, but upon terms and conditions different from those specified in the resolution of intention to consider granting the same, then such determination shall be by resolution adopted prior to granting a franchise by ordinance.
(Prior code § 11-4.209; Ord. 1420 § 1, 1968)
(a) 
Prior to receiving any applications for franchise, the council shall adopt rules, regulations and standards governing the operation of CATV systems in the city. Such rules, regulations and standards shall apply to and shall govern the operations of the grantee of any franchise hereunder, and shall become a part of any franchise hereunder.
(b) 
Rules, regulations and standards adopted prior to receiving any offer for franchise shall be so adopted by the council at the first regular session of the council next following February 22, 1968, by resolution which shall become effective upon adoption.
(c) 
The standards to be adopted shall govern the engineering, construction, installation, service, and maintenance of all CATV systems in the city, including but not limited to standards governing carrier levels, signal-to-noise ratios, hum modulation, distortion levels, channel interactions and interreactions, pole line and other materials including messenger and hardware, construction and installation practices including bonding, grounding, clearances, cable and equipment attachment and installation, subscriber service drops, taps, connections, fuses, breakers, lightning arrestors, and other protective devices and facilities therefor.
(Prior code § 11-4.301; Ord. 1420 § 1, 1968)
Rules, regulations and standards may be adopted, amended, modified, deleted, or otherwise changed by the council after receiving an application for franchise, in the manner hereinafter provided.
(Prior code § 11-4.302; Ord. 1420 § 1, 1968)
The council may at any time adopt new rules or regulations or standards, or may amend, modify, delete, or otherwise change its respective rules or regulations or standards previously adopted, in the following manner:
The council shall pass its resolution of intention stating or describing the rules or regulations or standards to be adopted, amended, modified, deleted, or otherwise changed and fixing and setting forth a day, hour, and place certain when and where any persons having any interest therein or objection thereto may appear before the council and be heard. Such resolution shall direct the city clerk to publish the same at least once within ten days of the passage thereof.
(Prior code § 11-4.303; Ord. 1420 § 1, 1968)
At the time set for such hearing, or at any adjournment thereof, the council shall proceed to hear and pass upon such comments as may be presented. Thereafter, the council, by its resolution, may adopt, amend, modify, delete, or otherwise change its respective rules, regulations and standards. Such determination by the council shall be final and conclusive.
(Prior code § 11-4.305; Ord. 1420 § 1, 1968)
Any rule or regulation or standard as adopted, amended, modified, deleted, or otherwise changed by the council shall become effective upon the tenth day following the adoption of such resolution, unless a longer period shall be otherwise provided in such resolution.
(Prior code § 11-4.306; Ord. 1420 § 1, 1968)
Any nonexclusive franchise granted pursuant to the provisions of this chapter shall authorize and permit the grantee to do the following:
(a) 
Erect, install, construct, repair, replace, reconstruct, maintain, and retain in, on, over, under, across, and along any public street such poles, wire, cable, conductors, ducts, conduit, vaults, manholes, amplifiers, appliances, attachments, and other property as may be necessary and appurtenant to the CATV systems; and in addition, so to use, operate, and provide similar facilities or properties rented or leased from other persons, including but not limited to any public utility or other grantee of any franchise of this city;
(b) 
Maintain and operate facilities and properties for the collection, transmission, conduction, amplification, conversion, and distribution of programs by use of electricity, radiation, or other energy source.
(Prior code § 11-4.401; Ord. 1420 § 1, 1968)
(a) 
A franchise granted to provide service within the city shall authorize and permit the grantee to solicit, sell, distribute, and make a charge to subscribers within the city for connection to the CATV systems of the grantee, and shall also authorize and permit the grantee to traverse any portion of the city in order to provide service outside the city.
(b) 
A franchise granted to traverse any portion of the city in order to provide service outside the city shall not authorize nor permit the grantee to solicit, sell, distribute, or make any charge to subscribers within the city, nor to render any service or connect any subscriber within the city to the CATV systems of the grantee.
(Prior code § 11-4.402; Ord. 1420 § 1, 1968)
The grantee of any franchise to provide service within the city shall pay to the city, upon acceptance of such franchise, a fee certain, in such amount as shall be fixed by the council. In addition, for each period established by the council, and at such times and in such manner as the council shall determine, the grantee shall pay to the city, during the entire term of such franchise, either of the following sums, whichever is the greater:
(a) 
A fixed sum certain; or
(b) 
A fixed percentage of the gross receipts of grantee from subscribers within the city.
Any such grantee traversing any portion of the city in order to provide service outside the city shall also pay to the city such additional sums therefor, and at such times and in such manner as the council shall determine.
(Prior code § 11-4.403; Ord. 1420 § 1, 1968)
The grantee of any franchise to traverse any portion of the city in order to provide service outside the city shall pay to the city, upon acceptance of such franchise, and shall pay to the city in addition, during the entire term of such franchise, in time and manner as the council shall determine and provide, such sums as shall be fixed and determined by the council.
(Prior code § 11-4.404; Ord. 1420 § 1, 1968)
Such payments to the city by the grantee shall not be in lieu of any occupation, income, license, or property tax or similar levy, assessment, fee, or charge which would otherwise apply to and be payable by the grantee to the city unless otherwise provided by ordinance.
(Prior code § 11-4.405; Ord. 1420 § 1, 1968)
Upon being granted and accepting a franchise, the grantee shall file with the city clerk and shall thereafter during the entire term of such franchise maintain in full force and effect a corporate surety bond or other adequate surety agreement in such amount and kind as shall be approved by the council. The bond or agreement shall be so conditioned that in the event the grantee shall fail to comply with any one or more of the provisions of this chapter or of such franchise, then there shall be recoverable jointly and severally from the principal and surety any damages or loss, or costs suffered or incurred by the city as a result thereof, including attorneys' fees and costs of any action or proceeding, and including the full amount of any compensation, indemnification, cost of removal or abandonment of any property or other costs which may be in default, up to the full principal amount of such bond. Said condition shall be a continuing obligation during the entire term of such franchise and thereafter until the grantee shall have satisfied in full any and all obligations to the city which arise out of or pertain to the franchise. Neither the provisions of this section, nor any bond accepted by the city pursuant hereto, nor any damages recovered by the city thereunder shall be construed to excuse faithful performance by the grantee, or limit the liability of the grantee under any franchise issued pursuant to this chapter, or for damages either to the full amount of the bond, or otherwise.
(Prior code § 11-4.406; Ord. 1420 § 1, 1968)
Upon being granted and accepting a franchise, the grantee shall file with the city clerk and shall thereafter during the entire term of such franchise maintain in full force and effect a corporate surety bond, or other adequate surety agreement, in the amount of one million dollars and of a kind as shall be approved by the council. The bond or agreement shall be so conditioned that in the event such grantee shall fail to comply with any one or more of the provisions of any agreement or undertaking made between the grantee and any subscriber, then there shall be recoverable jointly and severally from the principal and surety any damages or costs suffered or incurred by any subscriber as a result thereof, including reasonable attorneys' fees and costs of any action or proceeding. Said condition shall be a continuing obligation during the entire term of such franchise and thereafter until the grantee shall have satisfied in full any and all obligations to any subscriber which arise out of or pertain to any such agreement or undertaking.
(Prior code § 11-4.407; Ord. 1420 § 1, 1968)
(a) 
The grantee shall indemnify and hold harmless the city, its officers, boards, commissions, agents, and employees, against and from any and all claims, demands, causes of actions, actions, suits, proceedings, damages (including but not limited to damages to city property and damages arising out of copyright infringements, and damages arising out of any failure by the grantee to secure consents from the owners, authorized distributors or licensees of programs to be delivered by grantee's CATV systems), costs or liabilities (including costs or liabilities of the city with respect to its employees), of every kind and nature whatsoever, including but not limited to damages for injury or death or damage to person or property, and regardless of the merit of any of the same, and against all liability to others, and against any loss, cost, and expense resulting or arising out of any of the same, including any attorney fees, accountant fees, expert witness or consultant fees, court costs, per diem expense, traveling and transportation expense, or other costs or expense arising out of or pertaining to the exercise or the enjoyment of any franchise hereunder by the grantee, or the granting thereof by the city, including, but not limited to, any of the same caused or alleged to have been caused by any act or omission of any indemnitee hereunder.
(b) 
The grantee shall at the sole risk and expense of the grantee, upon demand of the city, made by and through the city attorney, appear in and defend any and all suits, actions, or other legal proceedings, whether judicial, quasi-judicial, administrative, legislative, or otherwise, brought or instituted or had by third persons or duly constituted authorities, against or affecting the city, its officers, boards, commissions, agents, or employees, and arising out of or pertaining to the exercise or the enjoyment of such franchise, or the granting thereof by the city, including, but not limited to, any of the same caused or alleged to have been caused by any act or omission of any indemnitee hereunder.
(c) 
The grantee shall pay and satisfy and shall cause to be paid and satisfied any judgment, decree, order, directive, or demand rendered, made or issued against the grantee, the city, its officers, boards, commissions, agents, or employees in any of these premises; and such indemnity shall exist and continue without reference to or limitation by the amount of any bond, policy of insurance, deposit, undertaking or other assurance required hereunder, or otherwise; provided, that neither the grantee nor the city shall make or enter into any compromise or settlement of any claim, demand, cause of action, action, suit, or other proceeding, without first obtaining the written consent of the other.
(Prior code § 11-4.408; Ord. 1420 § 1, 1968)
Upon being granted and accepting a franchise, the grantee shall file with the city clerk and shall thereafter during the entire term of such franchise maintain in full force and effect at its own cost and expense each of the following policies of insurance:
(a) 
General comprehensive liability insurance in the amount of one million dollars, together with bodily injury liability insurance in an amount not less than five hundred thousand dollars for injuries including accidental death, to any one person, and subject to the same limit for each person in an amount not less than one million dollars on account of any one occurrence, and property damage liability insurance in an amount not less than five hundred thousand dollars resulting from any one occurrence; provided, however, as follows:
(1) 
The city of Sunnyvale shall not be named as an additional assured in any of the insurance policies, and
(2) 
A contractual liability endorsement shall be added to each insurance policy extending coverage to include the liability assumed under Section 5.40.280;
(b) 
Worker's compensation insurance and employer's liability insurance for all employees of the grantee.
Each bond or insurance policy required in Sections 5.40.260 to 5.40.290, inclusive, shall be subject to the approval of the city attorney as to insuring institutions, form and substance, and shall provide that thirty days' prior written notice of intention not to renew, or of cancellation, or any material change, be given to the city.
(Prior code § 11-4.409; Ord. 1420 § 1, 1968)
The grantee of any franchise to traverse any portion of the city in order to provide service outside the city shall conform to such rules, regulations, limitations, schedules, and standards as shall be fixed and determined by the council, governing the obtaining of permits, licenses, and authorizations, construction and installation of the system of the grantee, the rendering of services, and the extensions of services.
(Prior code § 11-4.410; Ord. 1420 § 1, 1968)
(a) 
The grantee shall utilize existing poles, conduits, and other facilities whenever possible, and shall not construct or install any new, different, or additional poles, conduits, or other facilities whether on public property or on privately-owned property unless and until first securing the written approval of the director of public works.
(b) 
Whenever the grantee shall not utilize existing poles, conduits and other facilities, or whenever existing conduits and other facilities shall be located beneath the surface of the streets, or whenever the city shall undertake a program designed to cause all conduits and other facilities to be located beneath the surface of the streets in any area or throughout the city, then the privilege of the grantee to construct, install, or replace any poles, conduits, or other facilities in, on, or over any street shall at all times be subject to the right of the city, in the exercise of its police power or pursuant to the terms hereof, upon reasonable notice to the grantee, to require any such conduits or other facilities of the grantee to be constructed, installed, placed, or replaced beneath the surface of the streets. Any construction, installation, placement, replacement, or changes which may be so required shall be made at the expense of the grantee.
(c) 
In those areas of the city where the transmission or distribution facilities of the respective public utilities providing telephone, communication and electric services are underground, or hereafter may be placed underground, the grantee likewise shall construct, operate and maintain all of his transmission and distribution facilities underground. The term "underground" shall include a partial underground system, e.g., streamlining. Provided that upon obtaining the written approval of the director of public works, amplifiers in the grantee's transmission and distribution lines may be placed in appropriate housings upon the surface of the ground.
(Prior code § 11-4.411; Ord. 1420 § 1, 1968)
The grantee at his expense shall protect, support, temporarily disconnect, relocate, or remove any property of the grantee when, in the opinion of the director of public works of the city, the same is required by reason of traffic conditions, public safety, street vacation, freeway or street construction, change or establishment of street grade, installation of sewers, drains, waterpipes, power line, signal line, transportation facilities, tracks, or any other type of structures or improvements by governmental agencies whether acting in a governmental or a proprietary capacity, or any other structure or public improvement, including but not limited to movement of buildings, urban renewal and redevelopment, and any general program under which the city shall undertake to cause all such properties to be located beneath the surface of the ground. The grantee shall in all cases have the privilege, subject to the corresponding obligations, to abandon any property of the grantee in place, as herein provided. Nothing hereunder shall be deemed a taking of the property of the grantee, and the grantee shall be entitled to no surcharge by reason of anything hereunder.
(Prior code § 11-4.412; Ord. 1420 § 1, 1968)
Upon the failure, refusal, or neglect of the grantee to cause any work or other act required by law or hereunder to be properly completed in, on, over, or under any street within any time prescribed therefor, or upon notice given, where no time is prescribed, the director of public works may cause such work or other act to be completed in whole or in part, and upon so doing shall submit to the grantee an itemized statement of the costs thereof. The grantee shall, within thirty days after receipt of such statement, pay unto the city the entire amount thereof.
(Prior code § 11-4.413; Ord. 1420 § 1, 1968)
(a) 
In the event that:
(1) 
The use of any part of the system of the grantee is discontinued for any reason for a continuous period of one hundred eighty days, without prior written notice to and approval by the city; or
(2) 
Any part of such system has been installed in any street or other area without complying with the requirements hereof; or
(3) 
Any franchise shall be terminated, canceled, or shall expire, then the grantee shall, at the option of the city, and at the expense of the grantee and at no expense to the city, and upon demand of the city, promptly remove from any street or other area all property of the grantee, and the grantee shall promptly restore the street or other area from which such property has been removed to such condition as the director of public works shall approve.
(b) 
The council may, upon written application therefor by the grantee, approve the abandonment of any of such property in place by the grantee and under such terms and conditions as the council may prescribe. Upon abandonment of any such property in place, the grantee shall cause to be executed, acknowledged, and delivered to the city such instruments as the city attorney shall prescribe and approve, transferring and conveying the ownership of such property to the city.
(Prior code § 11-4.414; Ord. 1420 § 1, 1968)
The grantee shall not cause or permit to become operative for any purpose any agreement, undertaking, lease, instrument, or other contractual arrangement between grantee and any person (other than as an employee), firm, or corporation for the use by the grantee of any property or facility or service of such person, firm or corporation, as a part of the system of the grantee, whether such property or facility be within or without the city, or between the grantee and any subscriber in the city, unless and until the same shall have been first submitted to the city and approved in writing by the city attorney. Each of the same shall be in writing and shall contain an express provision that it shall not operate or become effective unless and until it is so submitted and approved.
(Prior code § 11-4.415; Ord. 1420 § 1, 1968)
The city shall have the right, free of charge, to make additional use, for any public or municipal purpose, whether governmental or proprietary, of any poles, conduits, or other facilities erected, controlled, or maintained exclusively by or for the grantee in any street, provided such use by the city does not interfere with the use by the grantee.
(Prior code § 11-4.416; Ord. 1420 § 1, 1968)
(a) 
The grantee shall, without charge, provide all subscriber services of its system, including multiple connection services, to:
(1) 
All public and nonprofit schools; and
(2) 
City public safety stations, city recreation centers, and such other buildings owned or controlled by the city, which shall from time to time be designated by the council.
(b) 
In addition, the grantee shall, without charge, make available:
(1) 
One channel for educational television programming to an elementary school, high school, or junior college public school district which shall be designated by the council; and
(2) 
One channel for dissemination of information and directions to the public in the event of a disaster or other emergency to be used by a person who shall be designated by the council.
(Prior code § 11-4.417; Ord. 1420 § 1, 1968)
No franchise granted under this chapter shall become effective for any purpose unless and until written acceptance thereof shall have been filed with the city clerk. Written acceptance, which shall be in form and substance as approved by the city attorney, also shall be and operate as an acceptance of each and every term and condition and limitation contained in this chapter, or in such franchise, or otherwise specified as herein provided.
(Prior code § 11-4.418; Ord. 1420 § 1, 1968)
(a) 
The written acceptance shall be filed by the grantee not later than 12:01 p.m. of the tenth day next following the effective date of the ordinance granting such franchise.
(b) 
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 any such grantee shall not be received nor filed by the city clerk. The grantee shall have no rights, remedies, or redress in the premises, unless and until the council, by resolution, shall determine that such acceptance be received or filed, and then upon such terms and conditions as the council may impose.
(c) 
In any case, and in any instance, all rights, remedies, and redress in these premises which may or shall be available to the city, shall at all times be so available to the city, and shall be preserved and maintained and shall continuously exist in and to the city, and shall not be in any manner or means modified, abridged, altered, restricted, or impaired by reason of any of these premises, or otherwise.
(Prior code § 11-4.419; Ord. 1420 § 1, 1968)
(a) 
Any franchise granted under this chapter shall be in lieu of any and all other rights, privileges, powers, immunities, and authorities owned, possessed, controlled, or exercisable by the grantee, or by any successor to any interest of the grantee, of or pertaining to the construction, operation, or maintenance of any CATV systems in the city.
(b) 
The acceptance of any franchise under this chapter shall operate, as between the grantee and the city, as an abandonment of any and all of such rights, privileges, powers, immunities, and authorities within the city, to the effect that, as between the grantee and the city, any and all construction, operation, and maintenance by any grantee of any CATV systems in the city shall be, and shall be deemed and construed in all instances and respects to be under and pursuant to said franchise, and not under or pursuant to any other right, privilege, power, immunity, or authority whatsoever, in lieu of all of which is and shall be granted any franchise under this chapter.
(Prior code § 11-4.420; Ord. 1420 § 1, 1968)
No franchise granted under this chapter shall ever be given any value by any court or other authority, public or private, in any proceeding of any nature or character, wherein or whereby the city shall be a party affected therein or thereby.
(Prior code § 11-4.421; Ord. 1420 § 1, 1968)
(a) 
No franchise granted under this chapter shall in any way or to any degree or extent whatsoever impair or affect any right, privilege, power, immunity or authority of the city, including but not limited to any right, privilege, power, or authority of the city to acquire any or all of the property of grantee, by purchase, by abandonment, by forfeiture, by eminent domain, or any other means whatsoever.
(b) 
No franchise granted under this chapter shall be deemed or construed to contract away, modify, abridge, alter, restrict or impair, either for a term or in perpetuity, any right, privilege, power, immunity, or authority of the city.
(Prior code § 11-4.422; Ord. 1420 § 1, 1968)
The requirements contained in Sections 5.40.210 to 5.40.420 shall apply to any franchise granted or renewed by the council under this chapter in addition to any other franchise requirements contained in this chapter, or made or adopted as provided in this chapter.
(Prior code § 11-4.423; Ord. 1420 § 1, 1968)
Any franchise granted shall be nonexclusive. Neither the granting thereof nor any of the provisions contained herein or in any franchise shall limit, abridge, diminish, alter, or affect the right, privilege, power, or authority of the council.
(Prior code § 11-4.501; Ord. 1420 § 1, 1968)
(a) 
Any franchise granted hereunder shall be a privilege to be held in personal trust by the original grantee.
(b) 
No franchise granted hereunder shall be or become sold, transferred, leased, assigned, or otherwise disposed of in whole or in part, by voluntary or involuntary sale, merger, consolidation, or otherwise, without the prior consent of the council. The required consent shall be expressed by ordinance, and then upon such terms and conditions as the council may prescribe, including, but not limited to, a requirement imposed by the council that the city have and acquire a period of not to exceed thirty days after such ordinance, within which to exercise a right of first refusal upon the same terms as otherwise proposed respecting any sale, transfer, lease, assignment, or other disposition of the system of grantee, or any part thereof. The council shall not prescribe the value of any consideration to be received by the grantee, nor acquire any advantage (other than right of first refusal) in the acquisition of said system, or any part thereof.
(c) 
Any sale, transfer, lease or assignment shall be made only by a good and sufficient instrument in writing, a duplicate original of which shall be filed in the office of the city clerk forthwith.
(d) 
The person to whom the franchise is transferred as provided in this section shall duly execute and file in the office of the city clerk forthwith a good and sufficient instrument accepting such transfer, lease or assignment assuming all of obligations of the grantee under the franchise.
(e) 
No consent shall be required for a transfer in trust, mortgage, deed of trust, or other hypothecation as a whole, to secure an indebtedness.
(Prior code § 11-4.502; Ord. 1420 § 1, 1968)
(a) 
No franchise granted or renewed by the council under this chapter shall be for a term shorter than fifteen years, unless terminated prior to its expiration as herein provided.
(b) 
The term of any franchise granted hereunder shall commence at the hour of 12:01 p.m. on the day next following the acceptance thereof by the grantee, and said term shall expire at the hour of twelve noon on the last day of the term thereof.
(Prior code § 11-4.503; Ord. 1420 § 1, 1968)
The grantee shall have no recourse or remedy whatsoever against the city for any loss, cost, expense, or damage arising out of or with respect to any franchise hereunder, or this chapter, or the enforcement thereof.
(Prior code § 11-4.504; Ord. 1420 § 1, 1968)
(a) 
The grantee shall be subject to all provisions of this code and other ordinances, rules, regulations, and specifications of the city heretofore or hereafter established, including but not limited to those pertaining to works and activities in, on, over, under, and about streets.
(b) 
Any privilege claimed under any franchise granted pursuant to this chapter in any street or other public property shall be subordinate to any prior lawful occupancy of the streets or other public property.
(c) 
The grantee also shall be subject to the provisions of general laws of the state of California, or as hereafter amended, when applicable to the exercise of any privilege contained in any franchise granted under this chapter, including but not limited to those pertaining to works and activities in and about state highways.
(Prior code § 11-4.505; Ord. 1420 § 1, 1968)
Neither the grantee, nor any person engaging directly or indirectly in the business of advertising any product or service, or of manufacturing, selling, leasing, renting, furnishing, providing, repairing, or servicing any product, including, but not limited to any television, radio, or other receiving apparatus, or any part or component thereof, shall use, or cause or permit the subscriber list or any part of the system of the grantee to be used for other than a CATV purpose. This prohibition shall extend and apply to all of the following:
(a) 
Officers and directors of the grantee;
(b) 
General and limited partners of the grantee;
(c) 
Any person or combination of persons owning, holding, or controlling five percent or more of any corporate stock, or other ownership interest of the grantee;
(d) 
Any affiliated or subsidiary entity owned or controlled by the grantee, or in which any officer, director, stockholder, general or limited partner, or person or group of persons owning, holding, or controlling any ownership interest in the grantee, shall own, hold, or control five percent or more of any corporate stock or other ownership interest; and
(e) 
Any person, firm, or corporation acting or serving in the capacity of a holding or controlling company of the grantee.
(Prior code § 11-4.506; Ord. 1420 § 1, 1968)
The grantee shall be prohibited from directly or indirectly doing any of the following:
(a) 
Engaging in the business of selling at retail, leasing, renting, repairing or servicing of television sets, radios or other receiving apparatus, or any part or component thereof;
(b) 
Providing any service or repair to its subscribers, for a fee or otherwise, which extends beyond the connection of its service or the determination by the grantee of the quality of its signal to the recipients thereof;
(c) 
Soliciting, referring, or causing or permitting the solicitation or referral of any subscriber to persons engaged in any business herein prohibited to be engaged in by the grantee.
(Prior code § 11-4.507; Ord. 1420 § 1, 1968)
The grantee shall not enter or encroach upon or interfere with or obstruct any private property without the express consent of the owner or the agent in possession thereof. The authority and permission given herein or by any franchise hereunder shall not be construed to grant or imply any permission or license so to do.
(Prior code § 11-4.508; Ord. 1420 § 1, 1968)
The grantee shall use and operate its system and any franchise granted under this chapter solely and exclusively for the purpose expressly authorized thereby and herein and for no other purpose whatsoever. No privilege or exemption shall be granted or conferred by any franchise granted under this chapter except those specifically prescribed in this chapter or in the franchise itself.
(Prior code § 11-4.509; Ord. 1420 § 1, 1968)
(a) 
The council shall at all times and from time to time during the term of any franchise granted hereunder have the power to and shall adopt and enforce, and the grantee shall conform to rules and regulations of the council governing and establishing reasonable rules, regulations, and standards of performance pertaining to the system of the grantee.
(b) 
The grantee shall not, as to rates, charges, service, service facilities, rules, regulations, or in any other respect, make or grant any preference or advantage to any person, nor subject any person to prejudice or disadvantage.
(Prior code § 11-4.601; Ord. 1420 § 1, 1968)
At the time of the granting of any franchise hereunder, the council shall establish and fix all rates and charges allowable to grantee, including but not limited to:
(a) 
Rates and charges for installation of equipment;
(b) 
Service charges for all classifications of service, including additional connections at one location; and
(c) 
Any other rates or charges of grantee to subscribers. Once established, such rates or charges shall not be changed at any time after the granting of a franchise, except by authority of the council, and upon written request of the grantee.
(Prior code § 11-4.602; Ord. 1420 § 1, 1968)
(a) 
In connection with the proposed change of any rates or charges of grantee to subscribers, at any time after the granting of a franchise, the council may direct any officer or employee of the city to conduct a preliminary hearing into the matter. If so directed by the council, the officer or employee designated shall issue his written notice fixing and setting forth a day, hour, and place certain when and where any persons having any interest therein may appear and be heard.
(b) 
The city clerk shall cause such notice to be published in a newspaper of general circulation within the city. The city clerk also shall cause a copy of such notice to be mailed to any grantee at least ten days prior to the date specified for the preliminary hearing. At the time set for such preliminary hearing, or at any adjournment thereof, the officer or employee designated shall proceed to hear the matter. Following the close of such preliminary hearing, the officer or employee designated shall prepare and file with the city council a transcript of the hearing, findings of fact, and an opinion containing his recommendations and the reasons therefor.
(Prior code § 11-4.603; Ord. 1420 § 1, 1968)
(a) 
Upon receipt of the transcript, findings of fact, and opinion, if the council has directed an officer or employee to conduct a preliminary hearing the council shall determine whether to adopt the opinion or to hold a further hearing. If the council determines to hold a further hearing, then the council shall pass its resolution of intention to do so, describing and stating any rates or charges to be changed, the reasons of the council therefor, fixing and setting forth a day, hour, and place certain when and where any persons having any interest therein may appear before the council and be heard. Such resolution shall direct the city clerk to publish the same resolution at least once, within ten days of the passage thereof, in a newspaper of general circulation within the city. The city clerk also shall cause a copy of such resolution to be mailed to any grantee at least ten days prior to the date specified for hearing thereon.
(b) 
At the time set for any further hearing, or at any adjournment thereof, the council shall proceed to hear the matter.
(Prior code § 11-4.604; Ord. 1420 § 1, 1968)
If upon receipt of the transcript, findings of fact and opinion, or following the holding of a further hearing if the council determines to do so, the council shall find that the changing of any rates or charges of the grantee to subscribers will not be detrimental or injurious to the best interests and welfare of the subscribers and of the city, then the council, by resolution, may authorize the change of any rates or charges of the grantee to subscribers as shall be deemed reasonable by the council. Such resolution shall thereupon become and shall be a part of any franchise granted hereunder and affected thereby.
(Prior code § 11-4.605; Ord. 1420 § 1, 1968)
(a) 
If the Federal Communications Commission or the Public Utilities Commission of the state of California or any other federal or state body or agency shall now or hereafter exercise any paramount jurisdiction over subject matter of any franchise granted under this chapter, then to the extent such jurisdiction shall preempt or preclude the exercise of like jurisdiction by the city the jurisdiction of the city shall cease and no longer exist.
(b) 
The preemption or preclusion of the exercise by the city of any of its police power shall not diminish, impair, alter, or affect any contractual benefit to the city nor any contractual obligation of the grantee under any franchise issued hereunder.
(c) 
Any and all minimum standards governing the operation of the grantee and any and all maximum rates, ratios, and charges specified herein or in any franchise issued hereunder, existing now and at any time in the future, including such time as any paramount jurisdiction shall preempt or preclude that of the city, and any and all rights, powers, privileges, and authorities of the city to determine, establish, or fix any of the same, are each and all hereby declared by the city and by any grantee accepting any franchise hereunder to be contractual in nature and to be for the benefit of the city and all subscribers situated therein. The agreement of the grantee to accept and conform to such standards, rates, ratios, and charges is declared by the city and by any grantee accepting any franchise hereunder to be of the most material and essential consideration for the granting of such franchise, in the absence of which, in whole or in part, the city would not grant such franchise.
(Prior code § 11-4.606; Ord. 1420 § 1, 1968)
(a) 
The grantee of any franchise hereunder shall file annually with the city, and not later than sixty days following the end of the grantee's fiscal year, an income statement concerning the grantee's operations during the preceding twelve month period, a balance sheet, and a statement of its properties devoted to CATV systems operations, by categories, giving its investment in such properties on the basis of original cost, less applicable depreciation. The reports shall be prepared by a certified public accountant with his unqualified opinion annexed thereto.
(b) 
The grantee shall furnish such other reasonable information as the council shall request with respect to the grantee's properties and expenses related to the CATV systems which the grantee operates within the city.
(Prior code § 11-4.701; Ord. 1420 § 1, 1968)
The prior approval of the council shall be required where ownership or control of more than thirty percent of the right of control of the grantee is acquired by a person or group of persons acting in concert, none of whom already own or control, singularly or collectively. By its acceptance of any franchise granted under this chapter, the grantee specifically grants and agrees that any such acquisition occurring without prior approval of the council shall constitute a violation of the franchise by the grantee.
(Prior code § 11-4.702; Ord. 1420 § 1, 1968)
The grantee of any franchise under this chapter shall:
(a) 
Maintain and keep in the city full, true and accurate maps, plans or plats, and records showing the exact location of all CATV systems equipment actually installed or in use in the streets and other public places in the city; and
(b) 
File with the city manager, on or before the thirtieth day of June of each year during the term of the franchise, a current and accurate map or set of maps drawn to scale, showing the locations of all CATV systems equipment installed and in place in the streets and other public places in the city.
(Prior code § 11-4.703; Ord. 1420 § 1, 1968)
At all reasonable times, and to the extent necessary to carry out the provisions of this chapter, the grantee shall permit any duly authorized agent or representative of the city to examine all property of grantee, together with any appurtenant property of the grantee situated within or without the city, and to examine and transcribe any and all maps and other records kept or maintained by the grantee or under the control or direction or at the request of the grantee which deal with the operations, affairs, transactions, or property of the grantee with respect to its franchise.
(Prior code § 11-4.704; Ord. 1420 § 1, 1968)
Any maps or other records referred to in Section 5.40.630 which are not situated within the city, and which are not made available in the city within a reasonable time after written request therefor by the council or city manager, shall be produced by the grantee for examination wherever the same shall be situated. The grantee shall pay all travel and other expenses necessarily or reasonably incurred by the city, its agents, and representatives in making such examination.
(Prior code § 11-4.705; Ord. 1420 § 1, 1968)
The grantee shall prepare and furnish to the city at such times and in such form as prescribed by the city manager, such reports, references, and materials with respect to the operations, affairs, transactions, or property of the grantee as may be reasonably necessary or appropriate to the performance of any of the duties of city officers in connection with the franchise.
(Prior code § 11-4.706; Ord. 1420 § 1, 1968)
The grantee of any franchise under this chapter shall maintain an office within the city at a location to which subscribers may telephone without incurring added message or toll charges in order that maintenance service shall be available promptly to subscribers on a twenty-four hour a day and a seven day a week basis.
(Prior code § 11-4.707; Ord. 1420 § 1, 1968)
Copies of all petitions, applications, and communications submitted by the grantee to the Federal Communications Commission, Securities and Exchange Commission, or any other federal or state regulatory commission or agency having jurisdiction in respect to any matters affecting CATV systems operations authorized in a franchise granted pursuant to this chapter, also shall be submitted simultaneously to the council.
(Prior code § 11-4.708; Ord. 1420 § 1, 1968)
The city may terminate any franchise granted pursuant to the provisions of this chapter in the event of the wilful failure, refusal, or neglect by grantee to do or comply with any requirement or limitation contained in this chapter, or any term or condition of the franchise, or any rule or regulation of the council or city manager adopted pursuant to this chapter.
(Prior code § 11-4.801; Ord. 1420 § 1, 1968)
The city manager may make written demand that the grantee do or comply with any such requirement, limitation, term, condition, rule or regulation. If the failure, refusal or neglect of the grantee continues for a period of ten days following such written demand, the city manager may place his request for termination of the franchise upon the council meeting agenda. The city manager shall cause to be served upon such grantee, at least five days prior to the date of such council meeting a written notice of his intent to request such termination, and the time and place of the meeting.
(Prior code § 11-4.802; Ord. 1420 § 1, 1968)
(a) 
The council shall consider the request of the city manager and shall hear any persons interested therein, and shall determine whether or not any failure, refusal or neglect by the grantee was with just cause.
(b) 
If such failure, refusal or neglect by the grantee was with just cause, the council shall direct the grantee to comply within such time and manner and upon such terms and conditions as the council shall determine to be reasonable.
(c) 
If the council shall determine such failure, refusal or neglect by the grantee was without just cause, then the council may pass its resolution declaring that the franchise of such grantee shall be terminated and forfeited unless there be compliance by the grantee within ten days. The resolution shall operate to declare such franchise terminated and forfeited on the tenth day next following the passage of the resolution, and without further notice of the grantee, unless the grantee shall comply within the ten day period. Any such termination and forfeiture shall become effective for all purposes one hundred eighty days following adoption of the resolution.
(d) 
The termination and forfeiture of any franchise shall in no way affect any of the rights of the city under the franchise or any provisions of law.
(Prior code § 11-4.803; Ord. 1420 § 1, 1968)
Upon a finding by resolution of the council that service is not being satisfactorily rendered to subscribers at any time after the declaration of termination and forfeiture of a franchise and by operation of law, and without further notice of process, the city shall have the right:
(a) 
To enter and take possession of all properties, facilities, records and files of the grantee; and
(b) 
To exercise all of the rights, privileges, powers, authorities and immunities of the grantee, which are a part of the grantee's system, and to operate the system, and to provide the services thereof, in the same manner, and to the same extent, in all respects, as existed in the grantee. The grantee shall not cause or permit any avoidance, hindrance, interference, or delay, in the exercise of the above-described rights by the city.
(Prior code § 11-4.804; Ord. 1420 § 1, 1968)
Within one hundred eighty days after the declaration of termination and forfeiture of a franchise, and regardless of the exercise of any right of the city contained in this chapter, the grantee may sell or (by means divesting grantee of all right, title, and interest) transfer the entire system of the grantee, subject to the provisions of Section 5.40.460.
Upon any such sale or transfer in addition to any other rights contained in this chapter, or otherwise the city shall have a lien (next in order of preference to any liens or encumbrances existing of record on the date of such termination and forfeiture) against any and all proceeds thereof, and against the system of the grantee, in the full amount of any loss, cost, expense or other financial detriment incurred by the city in the exercise of any right contained in this chapter, or by reason of such termination and forfeiture.
(Prior code § 11-4.805; Ord. 1420 § 1, 1968)
If the grantee shall fail or refuse to sell or transfer the entire system of the grantee, as provided in this chapter, and regardless of the exercise of any other right of the city contained herein, then by operation of law, all of the properties, facilities, records, files, rights, privileges, powers, authorities, and immunities of the grantee, which are part of the system of the grantee, shall become the property of and belong to the city, subject to any and all valid liens or encumbrances of record. In this event, the grantee shall cause to be executed, acknowledged, and delivered to the city, upon demand therefor, such instruments as the city attorney shall prescribe and approve, evidencing or affecting the ownership or control of any of the same in the city.
(Prior code § 11-4.806; Ord. 1420 § 1, 1968)
If the system of the grantee shall become the property of the city, as provided in this chapter, then the city shall solicit and call for offers to purchase such system, by bid process. The city in the manner provided in Sections 5.40.060 to 5.40.140 may solicit and call for offers and applications for a CATV franchise, and may specify, as a term and condition thereof, that any such offer and application shall include the purchase of such system from the city.
(Prior code § 11-4.807; Ord. 1420 § 1, 1968)
Nothing contained in this chapter shall be construed to obligate or require the city to exercise any right of the city contained herein. The city shall not be obligated or required at any time to undertake or assume the ownership or operation of any CATV system, or to provide any CATV service.
(Prior code § 11-4.808; Ord. 1420 § 1, 1968)
Any notice required or otherwise called for or given under this chapter, with respect to any franchise granted under this chapter:
(a) 
Shall be served in writing by the grantee upon the city by filing the same with the city clerk; and
(b) 
Shall be served by the city or any agent or representative of the city upon the grantee, by mailing the same to the grantee, by means of first class mail, which shall be registered or certified, or by delivering the same to the grantee, at the last known address of the grantee in the city, or other place in the city specified by the grantee for service upon the grantee of such notice.
(Prior code § 11-4.901; Ord. 1420 § 1, 1968)
By its acceptance of a franchise granted under this chapter, the grantee grants and agrees that if, during the term of the franchise, it receives refunds of any payments made for television or radio signals, it shall without delay notify the council, suggest a plan for flow through of the refunds to its subscribers, retain the refunds pending order of the council, and flow through such refunds in accordance with the order of the council.
(Prior code § 11-4.903; Ord. 1420 § 1, 1968)
If the grantee of any franchise granted under this chapter shall hold over after expiration or other termination of its franchise, and without the consent of the city, the grantee shall pay to the city reasonable compensation and damages, of not less than one hundred percent of the total gross profits of the grantee during the period of time the grantee holds over.
(Prior code § 11-4.904; Ord. 1420 § 1, 1968)
It is unlawful for any person:
(a) 
To establish, operate or to carry on the business of distributing to any persons in this city, or to traverse any portion of this city for the purpose of distributing to any persons outside of this city, any sign, signal, picture, image or sound of any kind, or any combination thereof, by means of a CATV system unless a franchise therefor first has been obtained pursuant to this chapter;
(b) 
To construct, install or maintain within any public street in the city, or within any property owned by the city, or within any privately-owned area in the city which has not yet become a public street but which is designated or delineated as a proposed public street on any tentative subdivision map approved by the council, any equipment, properties or facilities to be employed or used as part of a CATV system unless a franchise first has been obtained pursuant to this chapter and is in full force and effect;
(c) 
To make any unauthorized connection, whether physically, electrically, acoustically, inductively or otherwise, with any part of a franchised CATV system in this city for any purpose;
(d) 
To make any unauthorized connection, whether physically, electrically, acoustically, inductively or otherwise, with any part of a franchised CATV system in this city for the purpose of enabling himself or others to receive any sign, signal, picture, image or sound of any kind, or combination thereof, by means of a CATV system without payment to the owner of said system, except as otherwise specifically provided in this chapter;
(e) 
Without the consent of the owner, to wilfully tamper with, remove or injure any cables, wires or other equipment, properties or facilities employed or used for the distribution of any sign, signal, picture, image or sound of any kind, or combination thereof, by means of a CATV system.
(Prior code § 11-4.1001; Ord. 1420 § 1, 1968)