For the purpose of this chapter, the following terms, phrases, words, abbreviations and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number.
"CATV"
means a community antenna television system as defined in subsection C.
"City"
means the City of Mill Valley.
"Community antenna television system"
means a system employing antennas, microwave, wires, wave-guides, coaxial cables, or other conductors, equipment or facilities, designed, constructed or used for the purpose of:
1. 
Collecting and amplifying local and distant broadcast television or radio signals and distributing and transmitting them;
2. 
Transmitting original cable-cast programming not received through television broadcast signals;
3. 
Transmitting television pictures, films and videotape programs, not received through broadcast television signals, whether or not encoded or processed to permit reception by only selected receivers;
4. 
Transmitting and receiving all other signals; digital, voice and audio-visual; provided, however, that any of the services, permitted hereunder to be performed, as described in this subsection, shall be those performed by the grantee for subscribers, as herein defined, in the operation of a cable television or CATV system franchised by the City and not otherwise.
"Council"
means the legislative body of the City.
"Franchise"
means and includes any authorization granted hereunder in terms of franchise, privilege, permit, license, or otherwise to construct, operate and maintain a CATV system in the City. Any such authorization, in whatever term granted, shall not mean and include any license or permit required for the privilege of transacting and carrying on a business within the City in accordance with Chapter 5.08 of this Code.
"Grantee"
means the person, firm or corporation to whom or which franchise, as defined in subsection E of this section, is granted by the Council under this chapter, and the lawful successor, transferee or assignee of the person, firm or corporation.
"Gross annual advertising receipts"
means any income, compensation and other consideration received by the grantee derived from any form of advertising.
"Gross annual basic subscriber receipts"
means any and all compensation and other consideration received directly or indirectly by the grantee from subscribers in payment of the regularly furnished service of the cable television system in the transmission of broadcast television, radio signals and original cablecast programming of the grantee.
"Gross annual lease receipts"
means any fees or income received by the grantee for the lease or rental, and compensation for any service in connection therewith, such as studio and equipment rental and production costs, of any channel permitted or designated by the Federal Communications Commission to be so leased or rented.
"Gross annual nonbasic service receipts"
means any and all compensation and other consideration received directly or indirectly by the grantee from subscribers or users in payment for the receipt of signals other than broadcast television, radio, or original cable-cast programming of the grantee, which for "pay television," "facsimile" transmission, "return" or "response" communication, and whether or not transmitted encoded or processed to permit reception by only selected subscribers.
"Gross receipts,"
as used in the following categories, means any and all compensation, in whatever form, grant, subsidy, exchange, or otherwise, directly or indirectly received by a grantee, not including any taxes or services furnished by the grantee imposed directly on any subscriber or use by a city, county, state or other governmental unit, and collected by the grantee for such entity.
"Property of grantee"
means all property owned, installed or used by a grantee in the conduct of a CATV business in the City under the authority of a franchise granted pursuant to this chapter.
"Street"
means the surface of and the space above and below any public street, road, highway, land, path, alley, court, sidewalk, parkway or drive, nor or hereafter existing as such within the City.
"Subscriber"
means any person or entity receiving for any purpose the CATV service of a grantee.
(Ord. 862 § 1, March 1, 1976)
In the event that the grantee of any franchise granted hereunder constructs, operates and maintains a CATV system exclusively through telephone company facilities constructed, operated and maintained pursuant to a state-granted telephone franchise and offers satisfactory proof that in no event during the life of such franchise shall the grantee make any use of the streets independently of such telephone company facilities, the grantee shall be required to comply with all of the provisions hereof as a "licensee" and in such event whenever the term "grantee" is used herein it means and includes "licensee."
(Ord. 862 § 1, March 1, 1976)
A nonexclusive franchise to construct, operate and maintain a CATV service within all or any portion of the City may be granted by the City Council to any person, firm or corporation, whether operating under an existing franchise or not, who or which offers to furnish and provide such system under and pursuant to the terms and provisions of this chapter.
No provision of this chapter may be deemed or construed to require the granting of a franchise when in the opinion of the Council it is in the public interest to restrict the number of grantees to one or more.
(Ord. 862 § 1, March 1, 1976)
Any franchise granted pursuant to the provisions of this chapter shall authorize and permit the grantee to engage in the business of operating and providing a CATV system in the City, and for that purpose to erect, install, construct, repair, replace, reconstruct, maintain and retain in, under and upon, across and along any public street, such wires, cables, conductors, ducts, conduit, vaults, manholes, amplifiers, appliances, attachments and other property as may be necessary and appurtenant to the CATV system, provided said property does not impair solar access of adjacent buildings or dwellings; and in addition, so to use, operate and provide similar facilities or properties rented or leased from other persons, firms or corporations, including but not limited to any public utility or other grantee franchised or permitted to do business in the City. (For definition of Solar Access refer to Section 20.08.162.)
(Ord. 862 § 1; Ord. 999 § 2, November 15, 1982)
A. 
Prior to granting any franchise hereunder the Council, by resolution, shall establish and fix all rates and charges for the basic service, herein defined, allowable to grantee, such as:
1. 
Charges for installation;
2. 
Subscriber rates;
3. 
Service charges for separate classifications of service (e.g., additional connections, etc.).
Once established, such rates or charges shall not be changed at any time after granting of a franchise, except after due notice and hearing as provided herein.
B. 
In connection with any proposed change of any rates or charges of the grantee to subscribers initiated by grantee, or the approval of rates for additional services, any time after the granting of a franchise, the Council may conduct a public hearing into the matter.
The Council may direct the City Manager to obtain information necessary to determine the feasibility of the rate changes. At the discretion of the City Manager, additional technical consulting assistance may be obtained with the cost to be borne by the grantee; the cost shall be reasonable.
C. 
Neither the Council nor the grantee shall, as to rates, charges, service facilities, rules, regulations, or in any other respect, nor subject any preference or advantage to any person, nor subject any person to prejudice or disadvantage; provided, however, that the Council may approve lower rates for specific classes of subscribers when it determines that normal rates will impose an inequitable financial burden on such classes.
(Ord. 862 § 1, March 1, 1976)
No franchise granted by the Council under this chapter shall be for a term longer than 10 years following the date of acceptance of such franchise by the grantee or the renewal thereof.
(Ord. 862 § 1, March 1, 1976)
A. 
The City may terminate any franchise granted pursuant to the provisions of this chapter in the event of the willful failure, refusal or neglect by the grantee to do or comply with any material requirement or limitation contained in this chapter, or any material rule or regulation of the Council or City Manager validly adopted pursuant to this chapter.
B. 
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 30 days following such written demand, the City Manager may place his or her request for termination of the franchise upon the next regular City Council meeting agenda. The City Manager shall cause to be served upon such grantee, at least 10 days prior to the date of such Council meeting, a written note of his or her intent to request such termination, and the time and place of the meeting, notice of which shall be published by the City Clerk at least once 10 days before such meeting in a newspaper of general circulation within the City.
C. 
The Council shall consider the request of the City Manager and shall hear any persons interested there-in, and shall determine, in its discretion, whether or not any failure, refusal or neglect by the grantee was with just cause.
D. 
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 are reasonable.
E. 
If the Council determines such failure, refusal or neglect by the grantee was without just cause, then the Council may, by resolution, declare that the franchise of such grantee shall be terminated and forfeited unless there by compliance by the grantee within such period as the Council may fix.
F. 
In the event of the termination of the franchise pursuant to the provisions of this section, the City shall have the option (but not the obligation) to purchase the grantee's community antenna television system with the City. Such option shall be exercised by notice in writing, given to the grantee within 30 days following expiration of the period allowed to the grantee for curing default by the resolution adopted pursuant to subsection E of this section. In the event of exercise of such option, the compensation to be paid by City to grantee shall be the depreciated original cost of the community antenna television system, with no value assigned to the franchise.
G. 
In the event that the franchise is, for any reason whatsoever, not renewed upon the normal expiration thereof, the City shall have the option (but not the obligation) to purchase the community antenna television system of grantee. Such option shall be exercised by notice in writing, given to the grantee with-in 30 days following expiration of the franchise. In the event of the exercise of such option, the compensation to be paid by City to grantee shall be the fair market value of the system as a going concern.
H. 
In the event that the City and grantee are unable to agree on the compensation required to be paid under either subsection F or subsection G of this section, then such compensation shall be determined by arbitration. The City and the grantee shall each appoint one arbitrator, and the first two arbitrators shall select a third. The determination of such board of arbitrators shall be final.
I. 
The termination and forfeiture of any franchise shall in no way affect any of the rights of the City under franchise or any provision of law.
J. 
In the event of any holding over after expiration or other termination of any franchise granted hereunder, without the prior consent of the City, expressed by resolution, the grantee shall pay to the City reasonable compensation and damages, of not less than 20% of its gross revenue during the period.
(Ord. 862 § 1, March 1, 1976)
A. 
In consideration of the granting and exercise of a franchise to use the streets, as herein defined, for the operation of a cable television system, any grantee shall pay to the City, during the life of the franchise the following is applicable:
1. 
A percentage of its gross annual basic subscriber receipts;
2. 
A percentage of its gross annual nonbasic service receipts;
3. 
A percentage of its gross annual advertising receipts;
4. 
A percentage of its gross annual lease receipts.
The percentage payments shall be made in the manner, amounts and at times directed in the franchise, or in a Council resolution fixing franchise fees and adopting rules for services and rate regulation. Such payment by the grantee to the City shall be made annually, or as otherwise provided in the grantee's franchise, by delivery of the same to the City, and shall be in lieu of any occupation tax, business license tax or similar levy.
B. 
The grantee shall file with the City, within 60 days after the expiration of any calendar year or portion thereof during which such franchise is in force, a financial statement prepared by and signed by a certified public accountant, or person otherwise satisfactory to the Council, showing in detail the gross annual receipts, as defined in Section 5.24.010(K), of the grantee during the preceding calendar year or portion thereof. It shall be the duty of the grantee to pay to the City, within 15 days after the time for filing such statements, the sum hereinabove prescribed or any unpaid balance thereof for the calendar year or portion thereof covered by such statements.
C. 
The City shall have the right to inspect the grantee's records showing the gross receipts from which its franchise payments are computed and the right of audit and recomputation of any and all amounts paid under this chapter. No acceptance of any payment shall be construed as a release or as an accord and satisfaction of any claim the City may have for further or additional sums payable under this chapter or for the performance of any other obligation hereunder.
(Ord. 862 § 1, March 1, 1976)
A. 
Any franchise granted under this chapter shall be nonexclusive.
B. 
No privilege or exemption shall be granted or conferred by any franchise granted under this chapter except those specifically prescribed herein.
C. 
Any privilege claimed under any such franchise by the grantee in any street or other public property shall be subordinate to any prior lawful occupancy of the streets or other public property.
D. 
Any such franchise shall be a privilege to be held in personal trust by the original grantee. It cannot in any event be sold, transferred, leased, assigned or disposed of, in whole or in part, either by forced or involuntary sale or by voluntary sale, merger, consolidation, sale of corporate stock constituting controlling interest, or otherwise, without the prior consent of the Council expressed by resolution, and then only under such conditions as may therein be prescribed. Any such transfer or assignment shall be made only by an instrument in writing, a duly executed copy of which shall be filed in the office of the City Manager within 15 days after any such transfer or assignment. The consent of the Council may not be arbitrarily refused; provided, however, the proposed assignee must show financial responsibility and must agree to comply with all provisions of this chapter; and provided, further, that no such consent shall be required for a transfer in trust, mortgage or hypothecation, in whole or in part, to secure an indebtedness, except that when such hypothecation shall exceed 50% of the market value of the property used by the grantee in the conduct of the cable television system prior consent of the Council shall be required for such a transfer. Such consent shall not be withheld unreasonably. Such hypothecation shall not be deemed to include borrowing transactions by the grantee or parent corporation or entity in the normal course of its business operations, in which all assets of either corporation are routinely pledged as security for such borrowing. The grantee shall promptly give notice to the Council upon learning of any impending foreclosure or similar transaction related to loans of the grantee or parent corporation that might affect control of the grantee.
In the event that the grantee is a corporation, prior approval of the City Council, expressed by ordinance shall be required where there is an actual change in control or where ownership of more than 50% of the voting stock of the grantee is acquired by a person or group of persons acting in concert, none of whom already own 50% or more of the voting stock, singly or collectively. Any such acquisition occurring without prior approval of the City Council shall constitute a failure to comply with a provision of this chapter within the meaning of Sections 5.24.050 and 5.24.055 of this chapter.
E. 
Time shall be of the essence of any such franchise granted hereunder. The grantee shall not be relieved by his or her obligation to comply promptly with any of the provisions of this chapter by any failure of the City to enforce prompt compliance.
F. 
The grantee shall have no recourse whatsoever against the City, its officers, employees or agents, for any loss, cost, expense, or damage arising out of any provision or requirement of this chapter or of any franchise issued hereunder or because of its enforcement.
G. 
The grantee shall be subject to all requirements of City ordinances, rules, regulations and specifications heretofore or hereafter enacted or established.
H. 
Any such franchise granted shall not relieve the grantee of any obligation involved in obtaining pole space from any department of the City, utility company, or from others maintaining poles in streets.
I. 
Any franchise granted hereunder shall be in lieu of any and all other rights, privileges, powers, immunities and authorities owned, possessed, controlled or exercisable by the grantee, or any successor to any interest of the grantee, of or pertaining to the construction, operations or maintenance of any CATV system in the City; and the acceptance of any franchise hereunder shall operate, as between grantee and the City, as an abandonment of any and all of such rights, privileges, power, 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 system in the City shall be, and shall be deemed and construed in all instances and respects to be under and pursuant to the franchise, and not under or pursuant to any other right, privilege, power, immunity or authority whatsoever.
(Ord. 862 § 1, March 1, 1976)
A. 
Nothing herein shall be deemed or construed to impair or affect, in any way, to any extent, the right of the City to acquire the property of the grantee, whether by purchase or through the exercise of the right to eminent domain, at a fair and just value, which shall not include any amount for the franchise itself or for any of the rights or privileges granted, and nothing herein contained shall be construed to contract away or to modify or abridge, either for a term or in perpetuity, the City's right of eminent domain.
B. 
There is reserved to the City every right and power which is required to be herein reserved or provided by any ordinance of the City, and the grantee, by its acceptance of any franchise, agrees to be bound thereby and to comply with any action or requirements of the City in its exercise of such rights of power, heretofore or hereafter enacted or established.
C. 
Neither the granting of any franchise hereunder nor any of the provisions contained herein shall be construed to prevent the City from granting any identical, or similar, franchise to any other person, firm or corporation within all or any portion of the City.
D. 
There is reserved to the City the power to amend any section or part of this chapter so as to require additional or greater standards of construction, operation, maintenance, or otherwise, on the part of the grantee.
E. 
Neither the granting of any franchise nor any provision hereof shall constitute a waiver or bar to the exercise of any governmental right or power of the City.
F. 
The Council may do all things which are necessary and convenient in the exercise of its jurisdiction under this chapter and may determine any question of fact which may arise during the existence of any franchise granted hereunder. The City Manager is authorized and empowered to adjust, settle or compromise any controversy or charge arising from the operations of any grantee under this chapter, either on behalf of the City, the grantee, or any subscriber, in the best interest of the public. Either the grantee or any member of the public who may be dissatisfied with the decision of the City Manager may appeal the matter to the Council for hearing and determination. The Council may accept, reject or modify the decision of the City Manager, and the Council may adjust, settle or compromise any controversy or cancel any charge arising from the operations or any grantee or from any provision of this chapter.
(Ord. 862 § 1, March 1, 1976)
Installation of a CATV system shall be commenced within 120 days after any franchise is granted under the provisions of this chapter. The grantee shall accomplish significant construction within one year after receiving Federal Communications Commission certification, and shall thereafter reasonably make cable service available to 20% of its franchise area each year. For systems already constructed, the grantee must have accomplished significant construction and have equitably extended energized trunk cable to substantially all of the franchised area. Failure to so commence and diligently pursue to completion shall be grounds for termination of the franchise. The Council may extend the time for beginning the installation for additional periods in the event the grantee, acting in good faith, experiences delays by reason of circumstances beyond his or her control.
(Ord. 862 § 1, March 1, 1976)
A. 
Any poles, wires, cable lines, conduits or other properties of the grantee to be constructed or installed in streets, shall be so constructed or installed only at such locations and in such manner as shall be approved by the Director of Public Works acting in the exercise of his or her reasonable discretion. The Director of Public Works shall act within 30 calendar days after application is made by the grantee.
The grantee is to demonstrate that no poles, wire, cable lines, conduits, tracking antenna or other properties of the grantee shall impair solar access of buildings or solar collector locations on the southwall of southproof of adjacent buildings. (For definitions refer to: Solar Access Section 20.08.162; Collector, Section 20.08.066; Southwall, Section 20.08.166; Southroof, Section 20.08.165.)
B. 
The grantee shall not repair, install or erect any facilities or apparatus on public property or public rights-of-way within the City without first obtaining written approval of the Director of Public Works in advance. In cases of emergency requiring immediate repairs to maintain service or to maintain public safety, the grantee may perform such work without first obtaining such written approval. The grantee shall make all reasonable efforts to obtain the written approval of the Director of Public Works before making such emergency repairs, and shall file a written application to make permanent repairs at the earliest practical time. The grantee shall thereafter comply with any requirements which may be imposed by the Director of Public Works in connection with the complete repairs.
C. 
In those areas and portions of the City where the transmission or distribution facilities of both the public utility providing telephone service and the utility providing electric service are underground or hereafter may be placed underground, the grantee immediately upon written request by the Director of Public Works acting in concert with such utility or utilities, shall construct or reconstruct, operate, relocate and maintain all of its transmission and distribution facilities underground, except that for new structures, the builder or developer will provide and install at his or her sole cost and expense to the grantee's current specifications, trenches for underground distribution, service laterals, service drop trenches to the buildings' point of entry, and backfill and restoration of trench area, conduit, vaults and pedestals, and internal wiring. The grantee's amplifiers and essential connections thereto may be in appropriate housing above the surface of the ground as approved by the Director of Public Works. The City shall not in any manner be responsible for any costs incurred by the grantee in placing this property underground. To insure that cable television service is available under these provisions, the builder or developer will provide the Director of Public Works plans for inclusion of cable television service with his or her plans for utilities including telephone, electrical service and gas service. The builder or developer will also include proof that a contractual agreement exists between the builder or developer and the grantee which is consistent with the provision of this section before a building permit is issued.
Provided the contractor or developer has fulfilled his or her contractual commitments to the grantee, the grantee shall make cable television service available to such new structure or structures within six months of the date of occupancy.
D. 
The grantee shall at all times during the term of any license granted under this chapter, at its own cost and expense, properly and in good workmanlike manner, install and maintain adequate shielding, filtering and grounding at affected installations within the CATV system to eliminate television interference encountered from fundamental frequency overload by radio amateur transmissions which are in compliance with Federal Communications Commission regulations.
E. 
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 similar 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.
F. 
It is the desire of the City that all cable television systems franchised hereunder shall, insofar as financially and technically possible, be compatible one with another and with systems adjacent to the City.
G. 
Wherever it is financially and technically feasible, the grantee shall so construct, operate and modify the system so as to tie the same into all other systems within and adjacent to the City.
(Ord. 862 § 1, March 1, 1976; Ord. 999 § 2, November 15, 1982)
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 30 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 the area from which such property has been removed to such condition as the City Manager 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.
(Ord. 862 § 1, March 1, 1976)
The grantee shall, at its expense, protect, support, temporarily disconnect, relocate in the same street or other public place, or remove from the street or other public place, any property of the grantee when required by the Director of Public Works by reason of traffic conditions, public safety, street vacation, freeway and street construction, change or establishment of street grade, installation of sewers, drains, water pipes, power lines, signal lines and tracks or any other type of structures or improvements by public agencies; provided, however, that the grantee shall in all such cases have the privileges and be subject to the obligations to abandon any property of the grantee in place, as provided in Section 5.24.110 hereof.
(Ord. 862 § 1, March 1, 1976)
Upon failure of the grantee to commence, pursue or complete any work required by law or by the provisions of this chapter or by its franchise to be done in any street or other public place, within the time prescribed, and to the satisfaction of the Director of Public Works, the Director of Public Works may, at his or her option, cause such work to be done and the grantee shall pay to the City the cost thereof in the itemized amounts reported by the Director of Public Works to the grantee within 30 days after receipt of such itemized report.
(Ord. 862 § 1, March 1, 1976)
A. 
The grantee shall, concurrently with the filing of and acceptance of award of any franchise granted under this chapter, file with the City Clerk, and at all times thereafter maintain in full force and effect for the term of such franchise or any renewal thereof, at the grantee's sole expense, a corporate surety bond, in a company and in a form approved by the City Attorney, in the amount of $25,000.00, renewable annually, and conditioned upon the faithful performance of the grantee, and upon the further condition that in the event the grantee fails to comply with any one or more of the provisions of this chapter, or of any franchise issued to the grantee hereunder there shall be recoverable jointly and severally from the principal and surety 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 or abandonment of any property of the grantee as prescribed hereby which may be in default, plus a reasonable allowance for attorney's fees and costs, up to the full amount of the bond; the condition to be a continuing obligation for the duration of such franchise and any renewal thereof and thereafter until the grantee has liquidated all of its obligations with the City that may have arisen from the acceptance of the franchise or renewal by the grantee or from its exercise of any privilege therein granted. The bond shall provide that 60 days' prior written notice of intention not to renew, cancellation, or material change, be given to the City.
B. 
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 thereunder or for damages, either to the full amount of the bond or otherwise.
(Ord. 862 § 1, March 1, 1976)
A. 
The grantee shall, concurrently with the filing of an acceptance of award of any franchise granted under this chapter, furnish to the City and file with the City Clerk, and at all times during the existence of any franchise granted hereunder, maintain in full force and effect, at its own cost and expense a liability insurance policy in an amount not less than $500,000.00, in a company approved by the City Manager and in a form satisfactory to the City Attorney, indemnifying and saving harmless the City, its officers and employees from and against any and all claims, demands, actions, suits and proceedings by others, against all liability to others, including but not limited to any liability for damages by reason of or arising out of any failure by the grantee to secure consents from the owners, authorized distributors or licensees of programs to be delivered by the grantee's CATV system, and against any loss, cost, expense and damages resulting therefrom, including reasonable attorney's fees, arising out of the exercise or enjoyment of its franchise, irrespective of the amount of the comprehensive liability insurance policy required hereunder.
B. 
The grantee shall, concurrently with the filing of an acceptance of award of any franchise granted under this chapter, furnish to the City and file with the City Clerk and at all times during the existence of any franchise granted hereunder maintain in full force and effect, at its own cost and expense, a general comprehensive liability insurance policy in protection of the City, its officers, boards, commissions, agents and employees, in a company approved by the City Manager and a form satisfactory to the City Attorney, protecting the City and all persons against liability for loss or damage for personal injury, death and property damages, occasioned by the operations of grantee under such franchise, with minimum liability limits of not less than $300,000.00 for personal injury or death of any one person and $500,000.00 for personal injury or death of two or more persons in any one occurrence, and $100,000.00 for damage to property resulting from any one occurrence.
C. 
The policies mentioned in subsection B of this section shall name the City, its officers, boards, commissions, agents and employees, as additional insureds and shall contain a provision that a written notice of cancellation or reduction in coverage of the policy shall be delivered to the City 30 days in advance of the effective date thereof, if such insurance is provided by a policy which also covers the grantee or any other entity or person other than those above named, then such policy shall contain the standard cross-liability endorsement.
(Ord. 862 § 1, March 1, 1976)
A. 
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 off of or pertaining to the exercise or the enjoyment of such franchise, or the granting thereof by the City.
B. 
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 our limitation by the amount of any bond, policy of insurance, deposit, undertaking or other assurance required thereunder, 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.
(Ord. 862 § 1, March 1, 1976)
A. 
At all reasonable times, the grantee shall permit any duly authorized representative of the City to examine all property of the 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 its control which deal with the operations, affairs, transactions or property of the grantee with respect to its franchise. If any such maps or records are not kept in the City, or upon reasonable request made available in the City and if the Council determines that an examination thereof is necessary or appropriate, then all travel and maintenance expense necessarily incurred in making such examination shall be paid by the grantee.
B. 
The grantee shall prepare and furnish to the City Manager at the time and in the form prescribed by either of the officers, such reports with respect to its operations, affairs, transactions or property, as may be reasonably necessary or appropriate to the performance of any of the rights, functions or duties of the City or any of its officers in connection with the franchise.
C. 
The grantee shall at all times make and keep in the City full and complete plans and records showing the exact location of all CATV system equipment installed or in use in streets and other public places in the City.
D. 
The grantee shall file with the Director of Public Works on or before the last day of October of each year, a current map or set of maps drawn to scale, showing all CATV system equipment installed and in place in streets and other public places of the City.
(Ord. 862 § 1, March 1, 1976)
The CATV system shall be installed and maintained in accordance with the highest and best accepted standards of the industry to the effect that the subscribers shall receive the highest possible service. In determining the satisfactory extent of such standards, the following among others shall be considered:
A. 
That the system be installed using all band equipment capable of passing the entire VHF and FM spectrum, and that it have the further capability of converting UHF for distribution to subscribers of the VHF band;
B. 
That the system, as installed, be capable of passing standard color TV signals without the introduction of material degradation on color fidelity and intelligence;
C. 
That the system and all equipment be designed and rated for 24-hour per day continuous operation;
D. 
That the system provides a nominal signal level of 2,000 microvolts at the input terminals of each TV receiver;
E. 
That the system signal-to-noise ratio is not less than 40 decibels;
F. 
That hum modulation of the picture signal is less than five percent;
G. 
That the system use components having a VSWR of 1.4 or less. Methods of measuring above standards will be established by the City Council where necessary;
H. 
The master antenna to be installed for the CATV system shall be located at a point where the signal strength of the TV and FM stations to be received shall not be less than 500 microvolts per meter for low band channels (2 through 6) and not less than 800 microvolts for high band channels (7 through 13) for at least 50% of the time at a receiving height of 30 feet aboveground. Each CATV subscriber shall receive a minimum signal strength of 2,000 microvolts across 300 OHMS as measured at the antenna terminals of the television set and 100 microvolts at the terminals of the FM set;
I. 
That the system have a minimum capacity of 12 channels;
J. 
That the system be operationally capable of relaying to subscriber terminals those television and radio broadcast signals for the carriage of which the grantee is now or hereafter required by the Federal Communications Commission.
(Ord. 862 § 1, March 1, 1976)
A. 
In addition to other service regulations adopted by the Council, and excepting circumstances beyond the grantee's control, such as acts of God, riots and civil disturbances, and in providing the foregoing services, the grantee shall:
1. 
Limit system failure to minimum time duration by locating and correcting malfunctioning promptly, but in no event longer than 24 hours after occurrence, irrespective of holidays or other nonbusiness hours.
2. 
Upon complaint by a subscriber, make a demonstration satisfactory to the City Manager that a signal is being delivered which is of sufficient strength and quality to meet the standards set forth in the regulations of the Federal Communications Commission, or in regulations hereafter adopted by the Council.
3. 
Render efficient service, making repairs promptly and interrupting service only for good cause and for the shortest time possible. Planned interruptions, insofar as possible, shall be preceded by notice given to subscribers 24 hours in advance and shall occur during periods of minimum use of the system.
4. 
Maintain an office in the City or provide toll-free telephone service. This office shall be open during all the usual business hours with its telephone number listed in directories of the telephone company serving the City and on the grantee's billing to the subscriber, and be so operated that complaints and requests for repairs or adjustments may be received at any time, day or night, seven days a week.
5. 
Maintain a written record, or log, listing date of customer complaints, identifying the subscriber and describing the nature of the complaint, and when and what action was taken by the grantee in response thereto; the record shall be kept at the grantee's local office, for a period of five years from the date when the system is first energized, and shall be available for inspection during regular business hours, without further notice or demand by the City Manager.
6. 
Furnish a notice of the procedures for reporting and resolving complaints to each subscriber at the time of initial subscriptions to the cable system.
B. 
The City Manager is designated the official responsible for the continuing administration of the franchise and implementation of complaint procedures.
(Ord. 862 § 1, March 1, 1976)
A. 
When not otherwise prescribed herein, all matters herein required to be filed with the City shall be filed with the City Clerk.
B. 
The grantee shall pay to the City a sum of money sufficient to reimburse it for all publication and other expenses incurred by it in connection with the granting of a franchise pursuant to the provisions of this chapter. Such payment shall be made within 30 days after the City furnishes the grantee with a written statement of such expenses. Such payment may include all costs of checking plans and inspecting installations, including the costs of retaining specialists should the City deem this to be necessary.
C. 
No person, firm or corporation in the existing service area of the grantee shall be arbitrarily refused service; provided, however, that the grantee shall not be required to provide service to any subscriber who does not pay the applicable connection fee or monthly service charge.
D. 
If the grantee fails to operate its system for a period of two years from the date such service begins to a subscriber, the subscriber, if he or she had paid installation charges, shall be entitled to a refund of the installation charges paid, less 1/24 of such charge for each month elapsing from the time service was first started to that particular subscriber and during which time service was available to him or her.
E. 
Within the City of Mill Valley, the grantee shall not engage directly or indirectly in the business of selling television or other receivers which make use of signals transmitted by its system, nor shall the grantee engage in the repair of such receivers or the sale of parts for the same. If the grantee is a corporation, partnership, or other association of natural persons, this prohibition shall likewise apply to the officers and directors of the grantee, to the general and limited partner of any partnership grantee, and to any person or combination of persons who own, hold or control more than five percent of the corporate stock or other evidence of ownership of the grantee, and shall likewise apply to any affiliated or subsidiary corporation owned or controlled by the grantee or its officers, directors or stockholders, and shall likewise apply to any corporation or entity which acts in the capacity of a holding company or controlling company of the grantee.
F. 
The grantee's billing procedure shall be conducted in a prompt, efficient and friendly manner no less frequently than on a bimonthly basis. A return envelope shall be included with each billing for the subscriber's convenience.
(Ord. 862 § 1, March 1, 1976)
A. 
When any portion of the CATV system is to be installed on public utility poles and facilities, certified copies of the agreements for such joint use of poles and facilities shall be filed with the City Manager.
B. 
No public utility shall permit any person or entity to use its poles and facilities in connection with a CATV system unless and until it has received written notice from the City stating that such person or entity has a franchise duly issued pursuant to this chapter, and that such person or entity has complied with all of the terms of this chapter, the franchise and the resolution of the City Council granting such franchise.
(Ord. 862 § 1, March 1, 1976)
A. 
Application for a franchise hereunder shall be in writing, shall be filed with the City Clerk, and shall contain the following information:
1. 
The name and address of the applicant. If the applicant is a partnership, the name and address of each partner shall also be set forth. If the applicant is a corporation, the application shall also state the names and addresses of its directors, main officers, major stockholders and associates, and the names and addresses of the parent and subsidiary companies;
2. 
A statement and description of the CATV system proposed to be constructed, installed, maintained or operated by the applicant; the proposed location of such system and its various components; the manner in which applicant proposes to construct, install, maintain and operate the same; and, particularly the extent and manner in which existing or future poles or other facilities of other public utilities will be used for such system;
3. 
A description, in detail, of the public streets, public places and proposed public streets within which the applicant proposes or seeks authority to construct, install or maintain any CATV equipment or facilities; a detailed description of the equipment or facilities proposed to be constructed, installed or maintained therein; and the proposed specific location thereof;
4. 
A map specifically showing and delineating the proposed service area or areas within which applicant proposes to provide CATV services and for which a franchise is requested;
5. 
A statement or schedule in a form approved by the City Manager of proposed rates and charges to subscribers for installation and services, and a copy of proposed service agreement between the grantee and its subscribers shall accompany the application. For usual circumstances, such as underground cable required where no underground substructure exists, as provided for in Section 5.24.100(C), or for cable installations of more than 150 feet from existing subscriber tap to structure point of entry, installation may be charged for time and materials required to provide service with easements to be supplied by the subscribers; provided, however, that the reasonableness of such costs shall be subject to review by the City Manager pursuant to Section 5.24.080 hereof;
6. 
A copy of any contract, if existing, between the applicant and any public utility providing for the use of facilities of such public utility, such as poles, lines or conduits;
7. 
A statement setting forth all agreements and understandings whether written, oral or implied, existing between the applicant and any person, firm or corporation with respect to the proposed franchise or the proposed CATV operation. If a franchise is granted to a person, firm or corporation posing as a front or as the representative of another person, firm or corporation, and such information is not disclosed in the original application, such franchise shall be deemed void and of no force and effect whatsoever;
8. 
A financial statement prepared by a certified public accountant, or person otherwise satisfactory to the Council, showing applicant's financial status and his or her financial ability to complete the construction and installation of the proposed CATV system. The applicant's legal, character, financial, technical and other qualifications and adequacy and feasibility of its construction arrangements must be approved by the franchising authority as part of a full public proceeding affording due process;
9. 
The Council may at any time demand, and applicant shall provide, such as supplementary, additional or other information as the Council may deem reasonably necessary to determine whether the requested franchise should be granted.
B. 
Upon consideration of any such application, the Council may refuse to grant the requested franchise or the Council may by ordinance grant a franchise for a CATV system to any such applicant as may appear from the application to be in its opinion best qualified to render proper and efficient CATV service to television viewers and subscribers in the City. The Council's decision in the matter shall be final. If favorably considered, the application submitted shall constitute and form part of the franchise as granted.
C. 
Any franchise granted pursuant to this chapter shall include the following condition:
"The CATV system herein franchised shall be used and operated solely and exclusively for the purpose expressly authorized by the Mill Valley Municipal Code and no other purpose whatsoever."
Inclusion of the foregoing statement in any such franchise shall not be deemed to limit the authority of the City to include any other reasonable condition, limitation or restriction which it may deem necessary to impose in connection with such franchise pursuant to the authority conferred by this chapter.
(Ord. 862 § 1, March 1, 1976)
Any franchise granted under this chapter is renewable at the option of the City Council upon the application of the grantee, in the same manner and upon the same terms and conditions as required herein for obtaining the original franchise, except those which are by their terms expressly inapplicable; provided, however, that the Council may at its option waive compliance with any or all of the requirements of Section 5.24.200.
(Ord. 862 § 1, March 1, 1976)
A. 
No franchise granted pursuant to the provision of this chapter shall become effective unless and until the ordinance granting same has become effective and, in addition, unless and until all things precedent required in this chapter are done and completed, all of such things to be conditions precedent to the effectiveness of any such franchise granted hereunder. In the event any of such things are not done and completed in the time and manner required, the Council may declare the franchise null and void.
B. 
Within 20 days after the effective date of the ordinance awarding a franchise, or within such extended period of time as the Council in its discretion may authorize, the grantee shall file with the City Clerk his or her written acceptance, in form satisfactory to the City Attorney, of the franchise, together with the bond and insurance policies required by this chapter and his or her agreement to be bound by and to comply with and do all things required of him or her by the provisions of this chapter and the franchise. Such acceptance and agreement shall be acknowledged by the grantee before a notary public, and shall in form and content be satisfactory to and approved by the City Attorney.
(Ord. 862 § 1, March 1, 1976)
A. 
From and after March 16, 1976, it is unlawful for any person to establish, operate or to carry on the business of distributing to any persons in this City any television signals or radio signals by means of a CATV system unless a franchise therefor has first been obtained pursuant to the provisions of this chapter, and unless such franchise is in full force and effect; provided, however, that this restriction shall not apply to the holder of any similar franchise previously granted by the City so long as such franchise is in full force and effect.
B. 
From and after March 16, 1976, it is unlawful for any person to construct, install or maintain within any privately owned area within the City which has not yet become a public street but is designated or delineated as a proposed public street on any tentative subdivision map approved by the City, any equipment or facilities for distributing any television signals or radio signals through a CATV system, unless a franchise authorizing such use of such street or property or area has first been obtained pursuant to the provisions of this chapter, and unless such franchise is in full force and effect; provided, however, that this restriction shall not apply to the holder of any similar franchise previously granted by the City so long as such franchise is in full force and effect.
C. 
It is unlawful for any person, firm or corporation to make or use any unauthorized connection, whether physically, electronically, acoustically, inductively or otherwise, with any part of a franchised CATV system within the City for the purpose of taking or receiving television signals, radio signals, pictures, programs or sound.
D. 
It is unlawful for any person, without the consent of the owner, to willfully tamper with, remove or injure any cables, wires or equipment used for distribution of television signals, radio signals, pictures, programs or sound.
E. 
Any person, firm or corporation violating the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed $5,000.00 or by imprisonment not to exceed six months or by both such fine and imprisonment.
(Ord. 862 § 1, March 1, 1976)
If any section, subsection, sentence, clause or phrase of this chapter is for any reason held illegal, invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. The Council declares that it would have passed this chapter and each section, subsection, sentence, clause and phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared illegal, invalid or unconstitutional. The invalidity of any portion of this chapter shall not abate, reduce or otherwise affect any consideration or other obligation required of the grantee of any franchise granted hereunder.
(Ord. 862 § 1, March 1, 1976)