[Ord. No. 2453 §51, 12-15-1980; Ord. No. 2700 §1, 1-7-1985]
A. 
Any person seeking a franchise under this Chapter shall petition the Council therefor and shall specifically designate the proposed services.
B. 
The petitioner shall provide complete information as to its legal, financial, technical, character and other qualifications and its proposed construction arrangements, which shall include an intended schedule of the time within which it proposes to extend service to the area petitioned for, on such form as may be specified by the City of Berkeley.
C. 
To the extent practical, the Council or its delegated authority shall permit and solicit competing proposals and may award or deny one (1) or more franchises within the City.
D. 
The petitioner shall appear upon request at all public hearings or committee meetings set by the Council to consider his/her petition.
E. 
Franchise options to be discussed and agreed upon by the City and grantee prior to inclusion of said options in the franchise agreement include, but are not limited to:
1. 
Franchise territory;
2. 
Overhead or underground installation of the cable system equipment;
3. 
System design;
4. 
Two-way capacity of system;
5. 
Channel uses;
6. 
Administration of access channels; and
7. 
Production facilities of the grantee.
F. 
The City may participate with other communities as a joint effort to solicit bids.
[Ord. No. 2453 §52, 12-15-1980]
A. 
No franchise granted pursuant to this Chapter shall become effective for any purpose unless and until written acceptance thereof shall have been filed with the City Administration, duly executed by the proper officers of the grantee. Written acceptance, which shall be in the form and substance approved by the City Attorney, must contain, in addition to any other matters included, the following express representations by the grantee:
1. 
It has carefully read the terms and conditions of this Chapter and the franchise agreement and accepts all of the terms and conditions imposed by this Chapter and the franchise agreement and agrees to abide by the same;
2. 
It further acknowledges by the acceptance of the franchise that it has carefully read the terms and conditions of this Chapter and expressly waives any claims that any provisions hereof are unreasonable, arbitrary or void; and
3. 
By accepting the franchise, it acknowledges that it has not been induced to accept same by any promise, verbal or written, by or on behalf of the City or by any third (3rd) person regarding any term or condition of this Chapter or the franchise agreement expressed therein. The grantee further promises that no promise or inducement, oral or written, has been made to any City employee or official regarding receipt of the cable system franchise.
B. 
The written acceptance shall be filed by the grantee not later than 12:01 P.M. of the thirtieth (30th) day next following the granting of such franchise. 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 by the City administration. The grantee shall have no rights, remedies or redress unless and until the Council, by resolution, shall determine that such acceptance be received and then upon such terms and conditions as the Council may impose.