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CITY COUNCIL OF THE CITY OF PLEASANTON <br /> ALAMEDA COUNTY, CALIFORNIA <br /> ORDINANCE NO . 571 <br /> AN ORDINANCE AMENDING ORDINANCE 376 , DEALING WITH <br /> FRANCHISES TO AND REGULATION OF COMMUNITY ANTENNA <br /> TELEVISION SYSTEMS IN THE CITY OF PLEASANTON <br /> THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES HEREBY ORDAIN <br /> AS FOLLOWS : <br /> I . <br /> Section 5 , of Ordinance 376, is hereby amended to provide as <br /> follows : <br /> "Section 5 . FRANCHISE PAYMENT: Any grantee granted a fran- <br /> chise under this Ordinance shall pay to the City , during the <br /> life of such franchise, and at the times hereinafter speci- <br /> fied, a sum equal to five(5) per cent of the monthly total <br /> gross receipts of the grantee . Such payment by the grantee <br /> to the City shall be in lieu of any occupation tax, license <br /> tax or similar levy, and shall be paid monthly or as directed <br /> by the City . <br /> II . <br /> That Ordinance 376 is hereby amended by the addition thereto <br /> of Section 18 . 5, said section to provide as follows : <br /> "The recipient of any franchise under this ordinance , whether <br /> by grant from the City Council or from another franchisee <br /> with the consent of the City Council, shall, no less fre- <br /> quently than every five (5) years , computed from the date <br /> upon which he became a franchisee or from the date upon which <br /> a change of rate was authorized or required by the City Coun- <br /> cil, whichever is later, submit to a rate review by the <br /> City Council . To that end, the franchisee shall make avail- <br /> able to the City Council any information reasonably required <br /> to ascertain whether it is making a fair rate of return on <br /> its investment . The City Council may authorize raising, <br /> require lowering or leave unchanged the rate or rates charged by <br /> franchisee to its customers in order to insure that franchi- <br /> see realize a fair rate of return on its investment . <br /> Failure of the franchisee to abide by the determination of <br /> the City Council in this regard shall constitute grounds <br /> for termination of its franchise or for revocation of any <br /> rate increase or increases previously granted to franchisee , <br /> or its predecessor or predecessors , the benefit of which <br /> accrued to franchisee . " <br />