Ordinance 239-73 - Laserfiche WebLink

• The grantee, if it feels aggrieved from such finding or order, may within thirty days after the service of the finding or order upon it apply , to the court for a writ of review for the purpose of having the reasonable- ness and justness of such finding and order inquired into and determined. Such writ shall be made returnable not later than thirty days from and after the date of the issuance thereof. Upon such hearing the court shall enter judgment either affirming or setting aside or remanding for further action the findings or order of the City Council under review. Reasonable cost of transcript of the testimony taken before the Council shall not be assess- able as part of the statutory court costs. Section 5: The City Council of grantor shall have the right under this franchise to require reasonable examinations of the coaxial cable subscription system for television signal distribution referred to herein, subject to the right of the grantee to make a reasonable charge therefor as provided in Section 3 hereof, and for its services after the installation of additional facilities. In addition and subject to the foregoing said City Council shall also have the right to make such rules and regulations as may be required to secure adequate and proper service under this franchise to itself and its inhabitants and to provide sufficient accomodations for the public generally. Section 6: Should the grantee believe that any order of said City Council promulgated pursuant to the provisions of Sections 4 and 5 hereinbefore set forth is unjust and unreasonable, it shall be allowed to test the justness and reasonableness of the same by proper action in any court having juris- diction provided said action is commenced within thirty (30) days after service of such order upon the grantee and in such action such order may be entered in the premises as shall be warranted by the facts developed upon the trial and the law applicable thereto. Section 7: Grantor shall in no way be liable or responsible for any accident or damage that may occur in the construction, operation or main- tenance by grantee of its facilities hereunder and grantee shall indemnify and defend grantor and hold it harmless from and against any and all liability, loss, cost, damage or expense which may accrue to grantor by reason of the negligence, default or misconduct of grantee in the construction, operation, or maintenance of its facilities hereunder. Section 8: For and in consideration of the grantor having granted this franchise to the grantee pursuant to the terms hereof, the grantee agrees to compensate grantor quarterly at the rate of three per cent (3%) of the gross earnings received by grantee from the reception, transmission and distribution of television signals and sale of grantee's services as contemplated in and authorized by this franchise. It is specifically understood that said gross earnings shall not include any earnings or profit received from the wholesale or retail sale of television appliances, services rendered by, or other ac- tivities of grantee not involving use of a street, alley or other public places of the grantor, but earnings, if any received from such sale, services or other activities of grantee shall be subject to tax by the grantor pursuant to City Ordinance 3292 of grantor as the same now exists or as hereafter amended. The City Council may impose a fee in excess of three percent (3%) but no more than four percent (47) of gross receipts collected by the grantee from subscriber services, provided that the FCC certifies, after appropriate showing by the grantee, that a franchise fee in excess of three percent (37) but no greater than four percent (4%) is appropriate in light of the City's planned regulatory program for cable television. Franchise fees shall be in lieu of other business license fees of the City. Provided further, that any moneys received by grantee as a result of installation charges and hoolcirkg up of customers to said coaxial cable shall be considered a capital: expenditure_ of the ;gratitee and cost of erection .and construction of grantee's facilities and shall not be includable within the definition of grantee's gross earnings for the purposes of this section. Section 9: The grantee shall submit to the City Council of grantor within sixty (60) days after the 1st day of January of each year of this franchise an annual report verified by the General Manager of grantee con- taining such detail information and covering such period as may be pre- scribed by the said City Council by ordinance. Said City Council of grantor, -3-