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Section 6411. Authority Granted by Franchise.
<br />(a) Any franchise granted pursuant to the provisions of
<br />this Part shall authorize and permit the Grantee to do the
<br />following:
<br />(1) Erect, install, construct, repair, replace, reconstruct,
<br />maintain, and retain in, on, over, under, across, and
<br />along any public street such poles, wire, cable,
<br />conductors, ducts, conduit, vaults, manholes, ampli-
<br />fiers, appliances, attachments, and other property as
<br />may be necessary and appurtenant to the CATV system;
<br />and so to use, operate, and provide similar facilities
<br />or properties rented or leased from other persons,
<br />firms, or corporations, including, but not limited to,
<br />any public utility or other grantee of any franchise
<br />of this City;
<br />(2) Maintain and operate facilities and properties for
<br />the collection, transmission, conduction, amplification,
<br />conversion, and distribution of programs by use of
<br />electricity, micro -wave, or other energy source.
<br />(b) A franchise granted to provide service within the City
<br />shall authorize and permit the Grantee to solicit, sell, distribute,
<br />and make a charge to subscribers within the City for connection to
<br />the CATV system of Grantee, and shall authorize and permit the
<br />Grantee to pass over, across, or through any portion of the City
<br />in order to provide service outside the City.
<br />Section 6412. Franchise Requirements.
<br />In addition to any other franchise requirements hereunder, or
<br />made or adopted as herein provided, the following requirements
<br />shall apply to any franchise granted or renewed by the City Council
<br />under this Part.
<br />Section 6412.1. Franchise Payments; Operations Within City.
<br />The Grantee of any franchise to provide service within the
<br />City shall pay to the City, upon acceptance of such franchise, a
<br />fee certain in such amount as shall be approved by the City
<br />Council. In addition, for each period approved by the City
<br />Council, and at such times and in such manner as the City Council
<br />shall agree upon, the Grantee shall pay to the City, during the
<br />entire term of such franchise, one of the following sums as
<br />submitted in the Offer and Application for CATV Franchise and as
<br />ratified in the ordinance granting CATV franchise and franchise
<br />certificate, whichever is the greatest:
<br />(1) A fixed sum certain; or
<br />(2) A fixed percentage of the gross receipts
<br />of Grantee from subscribers within the
<br />City; or
<br />(3) A combination of (1) and (2) above.
<br />Any grantee traversing any portion of the City in order to
<br />provide service outside the City shall pay to the City such
<br />additional sums therefor at such times and in such manner as the
<br />City Council shall determine.
<br />Section 6412.2. Franchise Payments Not in Lieu of Taxes.
<br />Payments to the City by Grantee shall not be in lieu of any
<br />occupation, income, license, or property tax or similar levy,
<br />assessment, fee, or charge which would otherwise apply to and be
<br />payable by Grantee to the City, unless otherwise provided by
<br />ordinance.
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