HomeMy WebLinkAboutCC Ord 1114 1982-02-22
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ORDINANCE NO. 1/ /~
AN OR~INA~CE OF TdE CITY OF SEAL BEACH
AMENDING CHAPTER 23A OF THE CODE OF THE
CITY OF SEAL BEACH, CALIFORNIA RELATING TO
THE GRANTING AND REGULATION OF FRANCHISES
FOR CABLE COMMUNICATIONS SYSTEMS
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THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. Section 23A-2 of Chapter 23A of the
Code of the City of Seal Beach, California is hereby amended
by deleting subsection (37) and renumbering subsections (38)
and (39) as subsections (37) and (38) respectively and
amending said renumbered subsection (37) to read:
(37) "Gross Annual Revenues" means the annual
gross revenues received by the Grantee from providing
cable communications and any related services within
the City.
Section 2. Subsections (1) and (3) of Section
23A-3 of Chapter 23A of the Code of the City of Seal Beach,
California are hereby amended to read:
(1) Grant. In the event that the Grantor shall
grant to the Grantee a nonexclusive revocable franchise
to construct, operate, maintain, and reconstruct a
cable communications system within the City, said
franchise shall constitute both a right and an obligation
to provide the services of a cable communications
system as required by the provisions of this chapter,
the franchise agreement, and all other applicable
laws.
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The franchise shall be subject to all ordinances
of the City now in effect or hereafter made effective.
Nothing in the franchise shall be deemed to waive any
requirements imposed by ordinances or regulations of
the City regarding permits or fees or the manner of
construction.
(3) Duration. The term of the franchise and all
rights, privileges, obligations, limitations, and
restrictions pertaining thereto shall be 15 years from
the effective date of the franchise unless terminated
sooner as hereinafter provided.
Section 3. Section 23A-4 of Chapter 23A of the
Code of the City of Seal Beach, California is hereby amended
by deleting subsection (18) and renumbering subsections (19)
and (20) as subsections (18) and (19) respectively and
amending subsections (7), (8), and (11) to read:
(7) Provision of Service. After service has been
established by activating trunk cables for any area,
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Ordinance Number . IllY
the Grantee shall provide service to any requesting
subscriber within that area within 15 days from the
date of request.
(8) Undergrounding of Cable. The undergrounding
of cables is encouraged. In any event, all cables
shall be installed underground at Grantee's cost where
all existing utilities are underground. Previously
installed aerial cable shall be underground in concert
with other utilities when all such other utilities
convert from aerial to underground construction.
(11) Test and Compliance Procedure. The Grantee
shall submit, concurrent with its franchise application,
a detailed test plan describing the methods and schedules
for testing the cable communications system on an
ongoing basis to determine compliance with the provisions
of the franchise agreement. The Grantee shall conduct
performance testing during the term of the franchise in
accordance with the provisions of the franchise agreement.
Section 4. Subsections (9) and (10) of Section
23A-S of Chapter 23A of the Code of the City of Seal Beach,
California are hereby amended to read:
,
(9) Public Access Channel. The Grantee shall
make at least one channel available to the public at no
charge. Such channel shall be operated and managed in
the manner determined by the City Council.
(10) Closed-Circuit Community Access Channel.
The Grantee shall make at least one two-way closed-circuit
channel available to community and public use at
no charge.
Section S. Subdivision (c) of subsection 4 of
Section 23A-6 of Chapter 23A of the Code of the City of Seal
Beach, California is hereby amended to read:
(c) The Grantee shall maintain a repair force of
technicians capable of responding to subscriber complaints
or requests for service within twenty-four (24) hours
after receipt of the complaint or request. No charge
shall be made to the subscriber for this service,
unless the need for such service was caused by the
subscriber's wilful I or reckless act.
Section 6. Section 23A-6 of Chapter 23A of the
Code of the City of Seal Beach, California is hereby amended
by adding subsection 6 to read:
(6) Remedies for Franchise Violations.
(a) In addition to any and all other remedies
provided to the Grantor, the Grantor shall have the
right to impose any or all of the following penalties
or conditiollS in the event the Grantee violates any of
the previsions of the franchis~ and has not commenced
Ordinance Number 11/4
corrective action within thirty (30) days after written
notice of such violation is given by the Grantor.
1. Require the Grantee to pay to the
Grantor a penalty in such amount, whether per day,
incident or other measure of violation as the Grantor
may deem reasonablel provided, that the basis for
determining the penalty shall ensure that the Grantee
shall not benefit financially by deciding to pay the
penalty rather than meet the franchise requirements.
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2.
following payments
subscribers in the
Require the Grantee to make the
or adjustments in rates to its
following circumstances:
(a) In the event that one-third or
more of its service to any subscriber is interrupted
for twenty-four (24) consecutive hours, or for a total
of four nonconsecutive hours within any thirty (30) day
period, except for acts of God or other circumstances
beyond the Grantee's control and outside the system,
and except in circumstances for which prior approval of
the interruption is obtained from the City Manager, the
Grantee shall provide a ten percent (10%) rebate of the
monthly fees to affected subscribers.
(b) In the event that one-third or
more of its service to any subscriber is interrupted
for forty-eight (48) or more consecutive hours, except
for acts of God or other circumstances beyond the
Grantee's control and outside the system, and except in
circumstances for which the prior approval of the
interruption is obtained from the City Manager, the
Grantee shall provide a twenty percent (20%) rebate of
the monthly fees to affected subscribers.
(c) In the event that the system
fails to meet any material performance standards for a
full three (3) month period after being put on notice,
for any reason whatsoever, the Grantee shall reduce all
subscribers' fees by twenty-five percent (25%) until
all performance standards are met. The City Manager
shall notify the Grantee during the first month of the
three-month period that the system has failed to meet
performance standards.
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3. Require the Grantee to correct or
otherwise remedy the violation prior to any requested
rate increase approved by the Grantor becoming effective.
(b) In the event the stated violation is not
reasonably curable within sixty (60) days, the franchise
shall not be terminated or revoked or a penalty imposed
if the Grantee provides within said sixty (60) days, a I
plan satisfactory to and approved by the Grantor to
remedy the violation and demonstrates good faith in
correcting said violation.
Ordina~ce Number ~
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(c) In determining which remedy or remedies
are appropriate for the Grantee's violations of the
franchise, the Grantor shall take into consideration
the nature of the violation, the number of persons
affected by the violation, the nature of the remedy
required in order to prevent further such violations,
and such other matters as the Grantor may deem appropriate.
Adequate penalties, however, must be imposed if service
is in any way materially and adversely affected, or if
the violation of any provision of this franchise is not
promptly corrected.
(d) within ten (10) days after the receipt
of a written notice of a violation from the Grantor,
the Grantee may request a hearing before the City
Council and any appeal from the determination of the
City Council shall be taken within thirty (30) days to
the Municipal or Superior Court of the County of
Orange. The pendency of a request, hearing or appeal
shall suspend the imposition of any penalty or sanction
until ten (10) days after written notice of the decision
of the City Council confirming such penalty or sanction
in whole or in part is sent by certified mail to the
Grantee.
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Section 7. Subsection (3) of Section 23A-7 of
Chapter 23A of the Code of the City of Seal Beach, California
is hereby amended to read:
(3) Changes in Rates. Increases in rates for any
service shall be authorized only after application by the
Grantee to the Grantor, and approval by the Grantor, after
appropriate public hearing which shall be announced by
written notice published in a newspaper of general circulation
at least ten (10) consecutive days before the date of the
hearing. Decreases in rates for any service may be implemented
at the discretion of the Grantee, after written notice to
the Grantor. The Grantee shall submit to the Grantor, at
the time a request for a change in rates is made, the
formula which has been used to calculate the proposed rate
change, and any other information required by the franchise
agreement.
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Section 8. Subdivision (b) of subsection (7) of
Section 23A-7 of Chapter 23A of the Code of the City of Seal
Beach, California is hereby amended to read:
(b) If any subscriber terminates any monthly
service during the first twelve (12) months of said
service because of the failure of the Grantee to render
the service in accordance with the standards provided
by the franchise, the Grantee shall refund to such
subscriber an amount equal to the installation or
reconnect ion charges paid by the subscriber multiplied
by the fraction of the twelve (12) month period for
which the subscriber will not be receiving service. In
the event that said subscriber had made an annual
payment in advance, a similar portion or said payment
shall be refundeu by the Grantee.
Ordinance Number ///L/
Section 9. Se-::tior. 2311.-9 of Chapter 21A of the
Code of ~he City of Seal Beach, California is hp.reby ameaded
to read:
SECTION 23A-9 PUBLIC ACCESS AND OTHER COMMUNITY
CHANNELS
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The Grantor may take any actions found necessary
or appropriate relating to the operation and management
of public access and other community channels. Such
actions may include, but are not limited to, adopting
rules and regulations for the operation and management
of public access and other community channels and
establishing an independent, nonprofit corporation to
operate and manage such channels.
Section 10. Subsections (1), (2), (3), and (4) of
Section 23A-IO of Chapter 23A of the Code of the City of
Seal Beach, California are hereby amended to read:
(1) Payment to Grantor.
(a) As compensation for the franchise to be
granted, and in consideration of permission to use the
streets and public ways of the City for the construction,
operation, maintenance, and reconstruction of the cable
communications system within the City, and to defray
the costs of franchise regulation, the Grantee shall
pay to the Grantor an annual amount equal to five
percent (5%) of the Grantee's Gross Annual Revenues.
(b) Payments due the Grantor under this
provision shall be computed quarterly, for the preceding
quarter, as of March 31, June 30, September 30 and
December, 31. Each quarterly payment shall be due and
payable no later than thirty (30) days after the dates
listed in the previous sentence. Each payment shall be
accompanied by a brief report showing the basis for the
computation and such other relevant facts as may be
required by the Grantor.
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(c) No acceptance of any payment shall be
construed as an accord that the amount paid is in fact
the correct amount, nor shall such acceptance of
payment be construed as a release of any claim the
Grantor may have for further or additional sums payable
under the provisions of the franchise. All amounts
paid shall be subject to audit and recomputation by the
Grantor.
(d) Unless otherwise provided by the franchise
agreement, the Grantee shall initiate franchise fee
payments to the Grantor upon the commencement of the
term of the franchise at the minimum rate of $15,000.00 I
per year. These payments are to be considered advances
of payments due in later years of the franchise'inasmuch
as they exceed the actual franchise payments due during
any year.
Ordinance Number
/1/4
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(2t Security Fund.
(a) within thirty (30) days after the
effective date of the franchise, the Grantee shall
deposit into a bank account established by the Grantor
and maintain on deposit throughout the term of the
franchise the sum of $75,000.00 as security for the
faithful performance by it of all the provisions of the
franchise, and compliance with all orders, permits and
directions of any public agency having jurisdiction
over its acts or defaults under the franchise, and the
payment by the Grantee of any fees, lawful claims,
charges, liens or taxes due the Grantor which arise by
reason of the construction, operation or maintenance of
the system.
(b) If the Grantee fails after ten (10) days
notice to pay to the Grantor any franchise fees, lawful
claims, charges, liens or taxes due and unpaid: or
fails to repay to the Grantor within such ten (IO)
days, any damages, costs or expenses which the Grantor
shall be compelled to pay by reason of any act or
default of the Grantee in connection with this franchise:
or fails, after thirty (30) days notice of such
failure by the Grantor to comply with any provision of
the franchise which the Grantor reasonably determines
can be remedied by an expenditure of the security, the
Grantor may immediately withdraw the amount thereof,
with interest and any penalities, from the security
fund. Upon such withdrawal, the Grantor shall notify
the Grantee of the amount and date thereof.
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(c) Within thirty (30) days after notice to
it that any amount has been withdrawn by the Grantor
from the security fund pursuant to subdivision (b) of
this subsection, the Grantee shall deposit a sum of
money sufficient to restore such security fund to the
original amount.
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(d) The security fund deposited pursuant to
this subsection shall become the property of the
Grantor in the event that the franchise is revoked and
terminated by the Grantor as provided by Section 23A-13
of this chapter. The Grantee, however, shall be
entitled to the return of such security fund, or
portion thereof, as remains on deposit at the expiration
of the term of the franchise, or upon the mutually
agreed upon termination of the franchise at an earlier
date, provided that there is then no outstanding
default on the part of the Grantee.
(e) The rights reserved to the Grantor with
respect to the security fund are in addition to all
other rights of the Grantor whether provided by this
chapter, the franchise agreement or otherwise authorized
by law, and no action, proceeding or exercise of a
right with respect to such security fund shall affect
any other right the Grantor may have.
Ordinance Number 111e/
(3) Faithful Performance Bond. upon the effective
date of the-franchise, the Grantee shall file a faithful
performance bond with the Grantor in the minimum sum of
$250,000.00 securing the construction of the system by
the Grantee in accordance with the provisions of the
franchise. The Grantee shall maintain such bond on
file with the Grantor until the Grantor provides written
notice to the Grantee that such bond is no longer
required. Said notice shall not be unreasonably
withheld or delayed after the completion of the construc-
tion of the system. Thereafter, during the term of the
franchise, the Grantee shall file additional bonds with
the Grantor in an amount and form approved by the
Grantor whenever the system is materially expanded or
modified.
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(4) Damages and Defense.
(a) The Grantee shall hold harmless and
indemnify the Grantor from any and all liabilities,
damages and penalties whatsoever arising directly or
indirectly from the exercise of the franchise. Such
liabilities, damages and penalties shall include, but
not be limited to, liabilities and damages arising out
of copyright infringement, defamation, and the construc-
tion, operation, maintenance or reconstruction of the
cable communications system, whether or not any act or
omission complained of is authorized, allowed or
prohibited by the franchise granted by the Grantor.
(b) The Grantee shall pay all expenses
incurred by the Grantor in defending itself with regard
to all liabilities, damages and penalties mentioned in
subdivision (a) above. These expenses shall include all
out-of-pOCket expenses, such as attorney fees, and
shall also include the reasonable value of any services
rendered by any employees of the Grantor.
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Section 11. Subsection (1) of Section 23A-ll of
Chapter 23A of the Code of the City of Seal Beach,
California, is hereby amended to read:
(a) Right to Purchase the System. The Grantor
may in any lawful manner purchase, condemn, acquire,
take over and hold the property and plant of the
Grantee in whole or in part: if such purchase or
taking over be upon revocation of the franchise or at
the expiration of the term of the franchise, the
valuation of the property shall not include any Bum for
the value of the franchise or grant under which such
property and plant is being operated.
Section 12. Subsection (1) of Section 23A-12 of
Chapter 23A of the Code of the City of Seal Beach, California, I
is hereby amended to read:
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Ordinance Number ~
(1) Discriminatory Practices Prohibited. The
Grantee shall not deny service or access, or otherwise
discriminate against any person, including but not
limited to subscribers and programmers, on the basis of
race, color, religion, national origin, sex or age.
The Grantee shall strictly adhere to the equal employment
opportunity requirements of the Federal Government, as
expressed in Section S76.l3(a)(8) and 76.311 or Chapter
I of Title 47 of the Code of Federal Regulations. The
Grantee shall comply at all times with all other
applicable laws, regulations, and orders relating to
no~-discrimination.
Section 13. Subsection (1) of Section 23A-13 of
Chapter 23A of the Code of the City of Seal Beach, California
is hereby amended to read:
(1) Revocation. In addition to any and all other
rights and remedies provided to the Grantor, the
Grantor shall have the right to revoke the franchise,
and all rights and privileges pertaining thereto, in
the event that:
(a) The Grantee violates any material
provision of the franchisei or
(b) The Grantee's construction schedule is
delayed for over 18 months: or
(c) The Grantee becomes insolvent, unable or
unwilling to pay its debts, or is adjudged a bankrupti
or
(d) The Grantee is found to have practiced
any fraud or deceit upon the Grantor.
Such revocation shall be by resolution of the City
Council, after a duly noticed public hearing, whereupon
all rights of the Grantee shall immediately be terminated,
and the Grantee shall forthwith remove its structures
or property from the public streets and ways and
restore such streets and ways to such condition as the
Grantor may require and upon failure to do so, the
Grantor may perform the work and collect the cost
thereof from the Grantee. The cost thereof shall be a
lien upon all plant and property of the Grantee.
Section 14. Subsection 4 of Section 23A-14 of
Chapter 23A of the Code of the City of Seal Beach, California
is hereby amended to read:
(4) No Recourse Against the Grantor. The Grantee
shall have no rights or recourse whatsoever against the
Grantor or its officials, boards, commissions, agents,
or employees for any loss, costs, expense, or damage
arising out of any provision or requirement of the
franchise or because of the enforcement of the franchise.
Ordinance Number II'I~
of Seal
day 0
PASSEO, APPROVEO AND ADOPTED by the City Council of the City
e ch, California, at a meeting thereof held on the ~~~
982, by the following vote:
AYES:
NOES: Councilmembers
ABSENT: Councilmembers
ql.A. ~ 4~
ayor
ATTEST:
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
I, Joanne M. Yeo, City Clerk of the City of Seal Beac
ex-officio clerk of the City Council, do hereby cer f
ordinance was introduced at a meeting held on
1982 and was passed, approved and adopted by the
of Se ach at a meeting thereof held on the
1982, by the following vote:
California, and
that the foregoing
AYES:
NOES:
Councilmembers
ABSENT: Councilmembers
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Ordinance Number~
PROOF OF PUBLICA liON
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange
I am a citizen of the United States and a
resident of the County aforesaid; I am over
the age of eighteen years, and not a party to
or Interested in the above-entitled matter. I
am the principal clerk of the printer of the
......................................... .........
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a newspaper of general clrcu I n, printed
and published ....~..............
In the City of ...~....~...
County of Orange. and which news.
paper has been adjudged a newspaper
of general circulation by the Supel'lor
Court of the County of Ora"e. State of
California. underthedateof.~;. 191.1.
Case Number .#:f.l:J;1J.; thatthe notice.
of which the annexed is a printed copy (set
In type not 'smaller than nonpareil I, has
been published in each regular and entire
Issue of said newspaper and not in any
supplement thereof on the following dates.
~:~~~:.. d.d-::. ./1.. ........................
all In the year 19./,J..;.--
I certify (or declare.) under penalty of
perjury that the foregoing is true and
corred.
Dated at ...,~M:....~..........
California. thls..I~.day Of~19 .;:,.
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CALIFORNIA NEWSPAPER SERVICE
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120 West Second SP., Los Angeles. Calif. \'0012
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Qrdinance Number I'I'I'~
PROOF OF PUBLICA liON
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange.
I am a citizen of the United States and a
resident of the County aforesaid; I am over
the age of eighteen years, and not a party to
or interested in the above-entitled matter. I
am the principal clerk of the printer of the
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a newspaper of gen'eral clrcul
and published ...L
In the City of ...~d......~,
County of Orange, and which news,
paper has been adjudged a newspal'llr
of general circulation by the Superior
Court of the County of Orange, State of
California. under the dateot.A, 19.?2
Case Number ../f./1J:I.J..; that the notice,
of which the annexed is a printed copy (set
in type not 'smaller than nonpareil), has
been published in each regular and entire
Issue of said newspaper and not In any
supplement thereof on the following dates,
to-wit: L-'7."
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all in the year 19.J,k-
I certify (or declare,) under penalty of
perjury that the foregoing Is true and
correct .
Dated at ...~"'t..-...~..........
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Signature
Fr.. copln of 'hls blink 'arm m., 1M .Ieu,ed 'ram;
CALIFORNIA NEWSPAPER SERVICE
BUREAU, INC.
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120 Wesl Second Sh, Los Angeles, Calif. 90012
Telephone: (2131625-2541
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