Title 5 BUSINESS TAXES, LICENSES AND REGULATIONS
Chapter 5.32 CABLE TELEVISION
5.32.080 Franchise--Acceptance.
A. No franchise granted under this chapter shall become effective for any
purpose unless and until written acceptance thereof has been filed with the city
clerk. Written acceptance, which shall be in the form and substance approved by
the city attorney, shall also 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.
B. The written
acceptance shall be filed by the grantee not later than 12:01 p.m. of the
thirtieth day next following the city council's adoption of the resolution
granting such franchise pursuant to Section 5.32.060(E)(2).
C. In default of
the filing of such written acceptance as herein required, the grantee shall be
deemed to have rejected and repudiated the franchise. Thereafter, the acceptance
of the grantee shall not be received nor filed by the city clerk. The grantee
shall have no rights, remedies or redress in the franchise unless and until the
council, by resolution, determines such terms and conditions as the council may
impose.
D. In any case and in any instance, all rights, remedies and redress
which may or shall be available to the city shall at all times be 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 agreement or otherwise.
E. Any franchise
granted and accepted 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, of or pertaining to the construction,
operation or maintenance of any cable television systems in the city. (Prior
code § 7-8)
<< previous | next >>