Chapter 5.60
COMMUNITY ANTENNA TELEVISION SYSTEMS

Sections:

5.60.010    Definitions.

5.60.020    Franchise to operate.

5.60.030    Uses permitted by grantee.

5.60.040    Duration of franchise.

5.60.050    Franchise payments.

5.60.060    Limitation of franchise.

5.60.070    Rights reserved to the City.

5.60.080    Permits, installation and service.

5.60.090    Location of property of grantee.

5.60.100    Removal and abandonment by grantee.

5.60.110    Changes required by public improvements.

5.60.120    Failure to perform street work.

5.60.130    Faithful performance bond.

5.60.140    Indemnification of City.

5.60.150    Inspection of property and records.

5.60.160    Miscellaneous provisions.

5.60.170    Use of utility poles and facilities – Agreements.

5.60.180    Adoption of rules and regulations by the City Council.

5.60.190    Application for a franchise.

5.60.200    Application fee.

5.60.210    Acceptance and effective date of franchise.

5.60.010 Definitions.

For the purpose of this chapter, the following word or words shall have the meaning given herein:

“CATV” shall mean a community antenna television system as hereinafter defined.

“City” shall mean the City of Lake Elsinore, California, a municipal corporation of the State of California, in its present incorporated form or in any later reorganized or enlarged form.

“Community antenna television system” shall mean a system of antenna, coaxial cable, wires, wire guides, microwave lengths, signal repeaters or other conductors, equipment or facilities designed, constructed or used for the purpose of providing television or FM radio service by cable or through its facilities. CATV shall not mean or include the transmission of any special or event for which a separate and distinct charge is made to the subscriber and which is commonly known as “pay television.”

“Council” shall mean the present governing body of the City or any future board constituting the legislative body of the City.

“Franchise” shall mean and include any authorization granted hereunder in terms of a franchise, permit, license or otherwise to construct, operate and maintain a CATV system in the City. Any such authorization shall not mean and include any license or permit required for the privilege or transacting or carrying on a business within the City relating to the business license tax of the City.

“Franchise area” shall mean the entire territory within the City and shall include any enlargements thereof and additions thereto.

“Grantee” shall mean the person, firm or corporation to whom a franchise is granted by the Council under this chapter, and the lawful successor, transferee or assignee of said person, firm or corporation.

“Gross annual receipts” shall mean any and all compensation and other consideration in any form whatever and any contributing grant or subsidy received directly or indirectly by grantee from subscribers in payment for CATV service received within the City, and that percentage of all fees or income received by grantee for advertising or commercial messages carried over the CATV system equal to the percentage of the CATV system’s subscribers who live within the City of Lake Elsinore. Included in gross annual receipts shall be installation and line extension charges levied by the grantee to subscribers.

“Property of grantee” shall mean all property owned, installed or used by grantee in the conduct of a CATV business in the City under the authority of a franchise granted pursuant to this chapter.

“Street” shall mean the surface of and the space above and below any public street, road, highway, freeway, lane, alley, sidewalk, parkway, driveway, public utility easement, dedicated utility strip or right-of-way dedicated for compatible uses now or hereafter existing as such within the City.

“Subscriber” shall mean any person or entity receiving the CATV service of a grantee lawfully and with grantee’s express permission. [Ord. 855 § 1, 1989; Ord. 498 § 1, 1971. Code 1987 § 5.40.010].

5.60.020 Franchise to operate.

A nonexclusive franchise to construct, operate and maintain a CATV system within the entire territorial limits of the City may be granted by the Council to any person, firm or corporation, whether operating under an existing franchise or not, who 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 as to require the granting of a franchise when in the opinion of the Council it is not in the public interest to do so. No franchise shall be granted pursuant to this chapter on terms and conditions of any other franchise currently in force and held by another grantee. [Ord. 855 § 2, 1989; Ord. 498 § 2, 1971. Code 1987 § 5.40.020].

5.60.030 Uses permitted by grantee.

Any franchise granted pursuant to the provision 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 install, construct, repair, replace, reconstruct, and maintain in, on, over, under, upon, across and along any public street such wires, cables, conductors, conduit, vaults, amplifiers, appliances, and other property as may be installed except where unusual circumstances exist and where express written permission is provided by the City Council. [Ord. 855 § 2, 1989; Ord. 498 § 3, 1971. Code 1987 § 5.40.030].

5.60.040 Duration of franchise.

No franchise granted by the Council under this chapter shall be for a term longer than 25 years following the date of acceptance of such franchise.

Any such franchise granted may be terminated prior to its date of expiration by the Council in the event that said Council shall have found, at a public hearing, after 30 days’ notice of any proposed termination that:

A. The grantee has failed to substantially comply with any provision of this chapter.

B. Grantee has, by act or omission, substantially violated any term or condition of any franchise issued hereunder. [Code 1987 § 5.40.040].

5.60.050 Franchise payments.

A. Acceptance Fee. The grantee of any franchise granted pursuant to this chapter shall pay to the City upon acceptance of such franchise a fee of $250.00.

B. Annual Franchise Fee. The grantee of any franchise shall pay annually to the City during the life of such franchise no more than five percent of the gross receipts of the grantee derived from subscribers within the City. The City Council shall have the power of setting the amount of the annual franchise fee at the time of the granting of any such franchise.

The grantee shall file with the City within 30 days after the expiration of any calendar year or fiscal year designated in such franchise a statement prepared by a certified public accountant, showing in detail the gross annual receipts during the preceding year. It shall be the duty of the grantee to pay to the City within 10 days after the time for filing of such statements the sum hereinabove prescribed for the year covered by such statements.

In the event the above payment is not received by the City within the specified time, grantee shall pay to the City liquidated damages of two percent per month of the unpaid balance in addition thereto. In any year during which payments under this section amount to less than $360.00 per year, grantee shall pay the City as a minimum an amount equal to $360.00 per year. For any portion of a year, such minimum shall be prorated at the rate of $30.00 monthly.

The City shall have the right to inspect the grantee’s records showing the gross receipts from which its franchise payments are computed. No acceptance of any franchise fee payments 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.

In the event of any holding over after expiration of any franchise granted hereunder, without the consent of the City, the grantee shall pay to the City a reasonable compensation and damages. [Ord. 1409 § 8, 2019; Ord. 855 § 6, 1989; Ord. 498 §§ 5A, 5B, 1971. Code 1987 § 5.40.050].

5.60.060 Limitation of franchise.

A. Any franchise granted under this chapter shall be nonexclusive.

B. No privilege shall be granted or conferred by any franchise granted under this chapter except those specifically prescribed herein.

C. Any privilege claimed by the grantee under a franchise in any street or other public property shall be subordinate to any prior lawful occupancy of the streets or other public property.

D. All transmission and distribution structure shall be located so as to cause no interference with the proper use of streets, alleys and other public places and to cause no interference with the rights of reasonable convenience of property owners who adjoin any of said streets, alleys or other public places.

E. In case of any disturbances of pavement or other surfacing by the grantee, the grantee shall at its own cost and in a manner approved by the Director of Public Works replace and restore all pavement and surfacing in as good condition as before said work was commenced and shall maintain the restoration in an approved condition for the duration of the franchise.

F. Whenever it is necessary to interrupt service for making repairs or alterations, grantee shall do so at such time as will cause the least amount of inconvenience to its customers.

G. Any such franchise shall be a privilege to be held in personal trust by the grantee. The franchise cannot be sold, transferred, leased, assigned or disposed of in whole or in part by forced or involuntary sale, merger, consolidation, operation of law or otherwise without the prior consent of the Council, after public hearing, expressed by resolution and then under such conditions as may therein be prescribed.

H. Time shall be of the essence of any such franchise granted hereunder. Grantee shall not be relieved of its obligation to comply promptly with any of the provisions of this chapter by any failure of the City to enforce prompt compliance.

I. Any rights or power of the City shall be subject to lawful delegation to any officer or employee of the City.

J. Grantee shall have no recourse against the City for any loss, cost, expense or damage arising out of any provision of this chapter or any franchise issued in accordance with this chapter or because of its enforcement.

K. Grantee shall be subject to all requirements of City ordinances, rules, regulations and specifications heretofore or hereafter enacted including but not limited to those concerning the undergrounding of utilities, street work, and relocation of property within a street or public way.

L. Any franchise granted shall not relieve the grantee of any obligation involved in obtaining pole space for any utility company, or from others maintaining poles in streets.

M. Grantee shall at all times during the life of this franchise comply with all provisions of existing and future ordinances, rules and regulations of the City, the State of California and the United States of America.

N. If at any time during the period of the franchise the City shall elect to alter or change width or grade of any street, alley, or other public way, then upon the first such alteration of any street, the grantee upon reasonable notice by the City shall remove, relay and relocate its facilities at its own expense. Upon any subsequent alteration of the same street, the grantee upon reasonable notice by the City shall remove, relay and relocate its facilities at the City’s expense.

O. Any fixtures placed in any public way by grantee shall be placed in a manner as not to interfere with the travel on said public way or other use of said public way.

P. Grantee shall on the request of any person holding a building moving permit issued by the City, temporarily raise or lower its wires to permit the moving of the buildings. Said expense shall be borne by the person making the request.

Q. Grantee shall have the authority to trim trees along the streets, alleys, or other public ways so as to prevent the branches of the trees from coming in contact with the wires and cables of the grantee, except at the option of the City such trimming may be done by it at the expense of the grantee.

R. In all sections of the City where the cables, wires and other facilities of one or more public utilities are placed underground, the grantee shall place its cables, wires or other like facilities underground.

S. It shall be unlawful for the owner of any privately owned area which includes a proposed public street on any tentative subdivision map approved by the City to fail to grant access to streets to individual homes or home sites, in such a privately owned area to each franchisee under this chapter on terms no less favorable than the terms offered to any other utility or franchisee.

T. Grantee shall at all times during the life of any franchise provide broadcast quality equipment and necessary personnel to maintain and operate live color coverage of each meeting of the City of Lake Elsinore City Council from the City of Lake Elsinore Council Chambers, and such other downtown location as may be requested by the City of Lake Elsinore. This programming will be made available to all residents served by grantee.

U. Grantee’s CATV system shall have a band width of 50 mHz to no less than 450 mHz by December 31, 1993.

V. Grantee shall provide cable service to all public schools within the City of Lake Elsinore by December 31, 1989. [Ord. 855 § 6, 1989; Ord. 498 § 6, 1971. Code 1987 § 5.40.060].

5.60.070 Rights reserved to the City.

A. Nothing herein shall be deemed or construed to affect in any way the right of the City to acquire the property of the grantee either 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.

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 and powers, heretofore or hereafter enacted or established.

C. The granting of any franchise shall not be construed as to prevent the City from granting any similar franchise to any other person, firm or corporation within said City.

D. The City reserves the right to enter into discussions and negotiate amendments to construction, operation or maintenance standards. Before such modifications shall become effective, all grantees hereunder shall agree to any amendments that modify a franchise prior to the expiration of the franchise term.

E. The granting of any franchise shall not constitute a waiver to the exercise of any governmental right or power of the City. The City Council is hereby authorized and empowered to adjust, settle or compromise any controversy between the grantee and the City arising from the operations of the grantee. [Ord. 855 § 7, 1989; Ord. 498 § 7, 1971. Code 1987 § 5.40.070].

5.60.080 Permits, installation and service.

A. Within 90 days after acceptance of any franchise, the grantee shall proceed with due diligence to obtain all necessary permits which are required, including, but not limited to, any utility joint use agreements, microwave carrier licenses and any other permits, licenses and authorizations to be granted by duly constituted regulatory agencies having jurisdiction over the operation of CATV systems.

B. Within 90 days after obtaining all necessary permits and licenses as herein-above provided, grantee shall commence construction and installation of the CATV system.

C. Within a reasonable time but not exceeding one year after the commencement of the construction and installation of the system, grantee shall make service available to subscribers in all areas designated on the map accompanying the application for franchise and to all public schools within the City.

D. Failure to do any of the foregoing shall be grounds for a termination of the franchise.

E. The City Council may extend the time for obtaining the necessary permits and authorizations and for the beginning of construction and installation in the event the grantee acting in good faith experiences delays by reason of circumstances beyond its control. [Ord. 855 § 8, 1989; Ord. 498 § 8, 1971. Code 1987 § 5.40.080].

5.60.090 Location of property of grantee.

Any wires, cables, or other properties of the grantee shall be so constructed or installed at such locations and in such a manner as shall be approved by the Director of Public Works. [Ord. 855 § 9, 1989; Ord. 498 § 9, 1971. Code 1987 § 5.40.090].

5.60.100 Removal and abandonment by grantee.

A. In the event that the use of a substantial part of the CATV system is discontinued for any reasonable cause for a continuous period of three months or the franchise has been terminated, canceled or expired, the grantee shall promptly, upon being given 60 days’ notice, remove from the streets or public places all such property of such system. In the event of such removal, grantee shall promptly restore the streets and other areas from which such property has been removed to a condition satisfactory to the Director of Public Works.

B. Any property of the grantee remaining in place 60 days after the notice of termination or expiration of the franchise shall be considered permanently abandoned.

C. Upon permanent abandonment of the property of the grantee, the property shall become that of the City at its sole option with or without an instrument in writing transferring said property to the City. [Ord. 855 § 10, 1989; Ord. 498 § 10, 1971. Code 1987 § 5.40.100].

5.60.110 Changes required by public improvements.

The grantee shall, one time during the term of its franchise, at its own expense, protect, support, or relocate in the same 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, street construction, change or establishment of grade, installation of sewers, drains, water or sewer pipes or other type of structures or improvements by public agencies. The costs of any subsequent actions required by the Director of Public Works to protect, support or relocate the same property of the grantee shall be borne by the City. [Ord. 855 § 11, 1989; Ord. 498 § 11, 1971. Code 1987 § 5.40.110].

5.60.120 Failure to perform street work.

Upon the 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, alley or other public place, within the time prescribed and to the satisfaction of the Director of Public Works, the Director of Public Works, at its option, may cause such work to be done and the grantee shall pay to the City the cost thereof within 10 days after receipt of such itemized report. [Ord. 855 § 12, 1989; Ord. 498 § 12, 1971. Code 1987 § 5.40.120].

5.60.130 Faithful performance bond.

A. The grantee shall, with the filing of an acceptance of award of any franchise created under this chapter, file with the City Clerk, and at all times hereafter maintain in force and effect, at grantee’s sole expense, a corporate surety bond in a company and in a form approved by the City Attorney, in the amount fixed by the City Manager but not to exceed $5,000 for the faithful performance of grantee and upon the further condition that in the event grantee shall fail to comply with any of the provisions of this chapter or any franchise issued to 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, plus a reasonable allowance for the attorneys’ fees and costs up to the full amount of the bond; said condition to be a continuing obligation for the duration of the franchise. The bond shall provide that 30 days’ prior written notice of intention not to renew, cancellation or material change, be given to the City.

B. Neither provisions of this section nor any bond accepted by the City, nor any damages recovered by the City hereunder shall be construed to excuse faithful performance by the grantee or limit the liability of the grantee under any franchise issued hereunder, or for damages, either to the full amount of the bond or otherwise. [Ord. 855 § 13, 1989; Ord. 498 § 13, 1971. Code 1987 § 5.40.130].

5.60.140 Indemnification of City.

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, actions, suits, liabilities and judgments of any kind and nature arising out of or relating to the exercise or enjoyment of the grantee’s CATV franchise, including claims, demands, actions, suits, liabilities and judgments based upon any infringement or violation of any copyright; and grantee shall reimburse the City for any costs and expenses incurred by the City in defending against any such claim or demand or action, including any attorneys’ fees, expert witness fees, court costs or other expenses in connection therewith; provided, that the City shall have first promptly notified grantee of any such claim and offered the grantee the opportunity to appear in and defend the City. Nothing in this provision shall be construed to impose on the grantee a duty to indemnify or defend the City against a claim that any exercise of the City’s police powers or governmental authority is invalid for any reason. The foregoing obligations shall exist and continue without reference to or limitation by the amount of any bond or policy of insurance.

B. Grantee shall, concurrently with the filing of the acceptance of award of any franchise granted under this chapter, 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, protecting the City, its officers, boards, commissions, agents and employees against liability for loss or damage for personal injury, death and property damage, occasioned by the operations of grantee under such franchise. Said policy shall have minimum liability limits of $100,000 for personal injuries or death of any one person and $300,000 for personal injuries or death to two or more persons in any one occurrence, and $50,000 for damage to property resulting from any one occurrence, and shall be in a company approved by and in a form acceptable to the City Attorney.

C. The policy mentioned in subsection (B) of this section shall be primary insurance, shall name the City, its officers, boards, commissions, agents and employees as additional insured and shall contain a provision that a written notice of cancellation, reduction, or other material change in coverage of said policy shall be delivered to the City Clerk 30 days in advance of the effective date thereof. [Ord. 855 § 14, 1989; Ord. 498 § 14, 1971. Code 1987 § 5.40.140].

5.60.150 Inspection of property and records.

A. The grantee agrees that the City may review such of its books and records, during normal business hours and on a nondisruptive basis, as is reasonably necessary to monitor compliance with the terms hereof. Such records shall include, but shall not be limited to, any public records required to be kept by the grantee pursuant to the rules and regulations of the FCC. Notwithstanding anything to the contrary set forth herein, grantee shall not be required to disclose information which it reasonably deems to be proprietary or confidential in nature. The City agrees to treat any information disclosed by the grantee to it on a confidential basis, and only to disclose it to employees, representatives, and agents thereof that have a need to know, or in order to enforce the provisions hereof.

B. Grantee shall prepare and furnish to the City at all times and in the manner prescribed by the City such reports with respect to its operations, affairs, transactions or property in connection with the franchise as required by this chapter or the franchise.

C. Grantee shall file with the Department of Public Works on the first day of March of each year two copies of current maps, drawn to scale, showing all CATV system equipment installed and in place in streets or other public places of the City. [Ord. 855 § 15, 1989; Ord. 498 § 15, 1971. Code 1987 § 5.40.150].

5.60.160 Miscellaneous provisions.

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 must pay to the City a sum of money sufficient to reimburse it for expenses incurred by it in publishing legal notice and ordinances in connection with the grantee with written statement of such expense.

C. The grantee shall maintain a toll-free telephone number, with 24-hour-per-day answering or referral service, so that CATV maintenance service shall be promptly available to subscribers.

D. The grantee shall keep a maintenance service log which will indicate the nature of each service complaint, the date and time it was received, the disposition of said complaint and the time and date cleared. This log shall be made available for the periodic inspection by the City.

E. Grantee shall bear the prime responsibility for appropriate corrective action whenever improper performance is detected in any part of the system, regardless of whether public utility distribution facilities are utilized.

F. No person, firm or corporation in the existing service area of grantee shall be arbitrarily refused service; provided, however, that grantee shall not be required to provide service to any subscriber who has not paid the applicable connection fee or the applicable monthly service charge, or has been involved in theft of or unauthorized access to cable services.

G. In the case of any emergency or disaster, the grantee shall upon request of the Director of Public Works make available his facilities to the City for emergency use during the emergency or disaster.

H. Any franchise granted pursuant to the provisions of this chapter authorizes only the operation of the CATV system as provided herein and does not take the place of any other franchise, license or permit which might be required by law of the grantee.

I. The grantee shall at all times employ ordinary care and shall install and maintain in use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries or nuisances to the public.

J. The grantee shall install and maintain its wires, cables, fixtures and other equipment in accordance with the requirements of the Public Utilities Commission of the State of California and in such manner that they will not interfere with any installation of the City or of public utilities serving the City.

K. All structures and all lines, equipment and connections in, over, under, and upon the streets, sidewalks, alleys and public ways or places of the City, wherever situated or located, shall at all times be kept and maintained in a safe, suitable, substantial condition and in good order and repair.

L. The grantee shall maintain a force of one or more area resident agents or employees at all times and shall have sufficient employees to provide safe, adequate and prompt service for its facilities, and shall maintain a technical staff that is capable of responding on a 24-hour, on-call basis.

M. Grantee shall at all times during the life of any franchise maintain studio facilities and a business office within the City. The business office shall be open during all normal business hours and shall be equipped and staffed to allow customers to make billing inquiries, pay bills, order or cancel services, receive or return converter devices, and to dispatch service personnel and equipment.

N. The grantee shall limit failures to a minimum by locating and correcting malfunctions promptly.

O. Copies of all petitions, applications and communications submitted by the grantee to the Federal Communications Commission, Securities and Exchange Commission, or any other Federal, State or local regulatory commission or agency having jurisdiction in respect to any matters affecting CATV operations authorized pursuant to this chapter shall also be submitted simultaneously to the Director of Public Works. [Ord. 855 § 16, 1989; Ord. 498 § 16, 1971. Code 1987 § 5.40.160].

5.60.170 Use of utility poles and facilities – Agreements.

When any portion of the CATV system is to be installed on public utilities poles and facilities, certified copies of the agreements for such joint use of poles and facilities shall be filed with the City Clerk. [Ord. 855 § 17, 1989; Ord. 498 § 17, 1971. Code 1987 § 5.40.170].

5.60.180 Adoption of rules and regulations by the City Council.

A. The City Council is authorized to adopt rules and regulations consistent with the provisions of this chapter governing the operation of CATV systems in the City and such rules and regulations shall apply to and shall govern the operations of this chapter.

B. The City Council may adopt rules or regulations or amend, modify, delete, or otherwise change such rules and regulations previously adopted in the following manner:

1. The City Council shall pass a resolution of intention describing the rules or regulations to be adopted, amended, modified, deleted, or otherwise changed and set a day, hour and place for public hearing. Such resolution shall direct the City Clerk to publish the same at least once within 15 days of passage thereof.

2. The City Clerk shall cause such resolution to be published at least once in one newspaper of general circulation in the City and shall cause a copy of the same to be mailed or delivered to any grantee not less than 10 days prior to the time fixed for hearing thereon.

3. At the time for public hearing, or at any adjournment thereof, the City Council shall proceed to hear and pass upon such evidence, comments and objections as may be presented. Thereafter, the City Council by its resolution may adopt, amend, modify, delete, or otherwise change said rules and regulations. [Ord. 855 § 18, 1989; Ord. 498 § 18, 1971. Code 1987 § 5.40.180].

5.60.190 Application for a franchise.

A. Application far a franchise hereunder shall be in writing, shall be filed with the City Clerk, in a form approved by the Director of Public Works, and shall contain but not be limited to the following information:

1. 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, the names and addresses of parent and subsidiary companies and the State of incorporation.

2. A statement or schedule in a form approved by the Director of Public Works of proposed rates and charges to subscribers for installation and services, and a copy of any proposed service agreement between the grantee and its subscribers shall accompany the application. Where underground cable is required, or where more than 150 feet of distance from cable to connection of service to subscribers, an additional installation charge over that normally charged for installation as specified in the applicant’s proposal may be charged, with easements to be supplied by subscribers. For remote, relatively inaccessible subscribers within the City, service may be made available on the basis of cost of materials, labor and easements if required by the grantee.

3. 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.

4. 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.

5. A financial statement prepared by a certified public accountant showing applicant’s financial status.

6. The Council may, at any time, demand, and applicant shall provide, such supplementary, additional or other information as the Council may deem reasonably necessary to determine whether the requested franchise should be granted.

7. A statement of intent with regard to program origination and acceptance of local advertising shall be included.

8. The number and identification of channels proposed to be carried on the CATV system.

B. Upon consideration of any such application, the City Council may grant a franchise for CATV to such applicant as may appear from said application to be in its opinion qualified to render proper and efficient CATV service to television viewers and subscribers in the City. If favorably considered, the application submitted shall constitute and form a part of the franchise and granted.

C. Prior to the granting of the franchise pursuant to this chapter, the Council shall pass a resolution declaring its intention to grant the same, stating the name of the proposed grantee, the character of the franchise and the terms and conditions upon which it is proposed to be granted. Such resolution shall fix and set forth the day, hour and place when and where any persons having any interest therein or any objection to the granting thereof may appear before the Council and be heard thereon. It shall direct the City Clerk to publish said resolution at least once within 15 days of the passage thereof in one newspaper of general circulation in the City. Said notice shall be published at least 10 days prior to the date of hearing. At the time set for hearing, the Council shall proceed to hear and pass upon all protests and its decision thereon shall be final and conclusive. Thereafter it may, by resolution, grant the franchise on the terms and conditions specified in this chapter. [Ord. 855 § 19, 1989; Ord. 498 § 19A, 1971. Code 1987 § 5.40.190].

5.60.200 Application fee.

Each application shall be accompanied by an application fee in the sum of $100.00 which shall be used by the City to cover the costs of reviewing, investigating and processing such an application. This fee is not refundable. [Ord. 855 § 20, 1989; Ord. 498 § 20, 1971. Code 1987 § 5.40.200].

5.60.210 Acceptance and effective date of franchise.

A. No franchise granted pursuant to the provisions of this chapter shall become effective unless and until the ordinance granting same has become effective and, in addition, unless and until all things required in this section and LEMC 5.60.130 and 5.60.140 are done and completed, all of such things being hereby declared 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. From and after the effective date of the ordinance codified in this chapter, it shall be unlawful for any person to constrict, install or maintain within any public street in the City, or within any other public property of the City, or within any privately owned area within the City which has not yet become a public street but is designated or delineated as 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 this provision of this chapter, and unless such franchise is in full force and effect.

C. It shall be unlawful for any person, firm or corporation to make any unauthorized connection, whether physically, electronically, acoustically, inductively or otherwise, with any part of a franchised CATV system within this City for the purpose of taking or receiving television signals, radio signals, pictures, programs, or sound, or for the purpose of enabling himself or others to receive any television signal, radio signal, picture, program or sound, without payment to the owner of said system.

D. It shall be 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. [Ord. 855 § 21, 1989; Ord. 498 § 21, 1971. Code 1987 § 5.40.210].