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HomeMy WebLinkAboutCC Ord 1096 1981-05-26 .1 I I -. I . , , . " ORDINANCE NUMBER /09to AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING CHAPTER 23A OF THE SEAL BEACH MUNICIPAL CODE RELATING TO THE GRANTING OF FRANCHISES FOR CABLE TELEVISION SYSTEMS. THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 23A of the Seal Beach Municipal Code is hereby amended to read as follows: SECTION 23A-l SHORT TITLE This ordinance shall be known and may be cited as the "City of Seal Beach Cable Communications Franchise Ordinance." SECTION 23A-2 DEFINITIONS For the purposes of this ordinance, the following words, terms, phrases and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always manda- tory and not merely directory. (1) "City" means the City of Seal Beach, California, and all of the territory within its present and future corporate boundaries. (2) "City Council" means the Council of the City of Seal Beach, or such representative person or entity as may be designated initially or at some future date to act on cable communications matters. (3) "FCC" means the Federal Communications Commission, or a designated representative. "Cable Communications System" or "System," sometimes referred to as "Cable TV System," "CATV System," or "Broadband Communications Network," means a system of antennas, cables, amplifiers, towers, microwave links, cablecasting studios, and any other conductors, converters, equipment or facilities, designed and constructed for the primary purpose of distri- buting video programming to home subscribers, and the secondary purpose of producing, receiving, amplifying, storing, processing, or distributin9 audio, video, digital, or other forms of electronic or electrical signals. (5) "Grantee" means the person or entity to which a franchise henceforth is granted for the construction, operation, maintenance, and reconstruction of a Cable Communications System, and the lawful successors, transferees, or assignees of said corporation or entity. (4) .' (6) "Grantor" means the City of Seal Beach as represented by the City Council acting within the scope of its jurisdiction. (7) "Subscriber" means any person, firm, corporation, or other entity who or which elects to subscribe to, for any purpose, a service provided by the Grantee by means of or in connection with the cable communications system. (8) "Residential Subscriber" means a subscriber who received a service in an individual dwelling unit, where the service is not to be utilized in connection with a business, trade, or profession. (9) "Commercial Subscriber" means a subscriber who received a service in a place of business, where the service may be utilized in connection with a business, trade, or profession. r_' . . . - . ' " I , Ordinance Number , (10) "Agency Subscriber" means a subscriber who receives a service in a government or public agency, school, or non-profit corporation. (11) "Programmer" means any person or entity who or which produces or otherwise provides program material or information for transmission by video, audio, digital, or other signals, either live or from recorded tapes or other storage media, to subscribers by means of the cable communications system. (12) "Channel" means a six Megahertz (MHz) frequency band, which is capable of carrying either one standard video signal, a number of audio, digital or other non-video signals, or some combination of such signals. (13) "Local Origination Channel" means any channel where the Grantee is the only designated programmer, and provides video programs to subscribers. (14) "Public Access Channel", "Community Access Channel" or "Community Channel" means any channel where any member of the general public or any noncommercial organization may be a programmer., without charge on a first-come, first-served, non-discriminatory basis. (15) "Educational Channel" or "Educational Access Channel" means any channel where educational institutions are the only designated programmers. (16) "Government Channel" or "Government Access Channel" means any channel where local government agencies are the only designated programmers. (17) "Leased Channel" or "Leased Access Channel" means any channel available for lease and programming by persons or entities other than the Grantee including those portions of the other access channels not in use by their designated programmers. (18) "Open Channel" means any channel that can be received by all subscribers, without the necessity for special equipment. (19) "Private Channel" or "Closed-Circuit Channel" means any channel which is available only to subscribers who are provided with special converter or terminal equipment to receive signals on that channel. (20) "Converter" means an electronic device which converts signal carriers from one form to another. (21) "Broadcast Signal" means a television or radio signal that is transmitted over the air to a wide geographic audience and is received by a Cable Communications System off-the-air or by microwave link. (22) "Non-Broadcast Signals" means a signal that is transmitted by a Cable Communications System and that is not involved in an over-the-air broadcast transmission path. (23) "Cablecast Signal" means a non-broadcast signal that ori9inates ~Iithin the facilities of the Cable Communications System. (24) "Basic Subscriber Television Service" means the total of all the following: (a) The retransmission to all subscribers of all broadcast television channel si9nals authorized by the FCC and provided for in franchise agreement; (b) The provision to all subscribers of non-broadcast open channel signals, originating from sources outside the Cable Communications System; (c) The cablecastinQ to all subscribers of the Local Origination Channel, and the Public, Educational and Government Access channel signals; (d) The transmission to all subscribers of all other cablecast open-channel signals. 2 I I I L... . I Ordinance H/ Number Basic Subscriber Television Service may be offered to 'subscribers in one or more tiers or combination of programs. (25) "Basic Subscriber Radio Service" means the provision to all subscribers of such audio services as the retransmission of broadcast AM or FM radio signals, the retransmission of shortwave, weather, news, time and other similar audio broadcast channels, and the transmission of cablecast AM or FM radio signals, as permitted by the FCC. (26) "Closed Circuit" or "Institutional Service" means such video, audio, data and other services provided to institutional users on an individual application, private channel basis. These may include, but not be limited to, two-way video, audio or digital signals among institutions, or from institutions to residential subscribers. (27) "Additional Subscriber Service" means any service not included in "Basic Subscriber Television Service", or "Basic Subscriber Radio Service" or "Institutional Service", including, but not limited to, pay-cable. (28) "Pay-Cable" or "PaY-Television" means the delivery to subscribers, over the Cable Communications System, of television signals for a fee or charge to subscribers over and above the charge for Basic Subscriber Service, on a per program, per channel, or other subscription basis. (29) "Streets and Public Ways" means the surface of and the space above and below any public street, sidewalk, alley, or other public way of any type whatsoever, now or hereafter existing as such within the City. (30) "Resident" means any person residing in the City as otherwise defined by applicable law. (31) "Monitoring" means observing a one-way communications signal, or the absence of a signal, where the observer is neither the subscriber nor the programmer, whether the signal is observed by visual or electronic means, for any purpose whatsoever. (32) "Tapping" means observing a two-way communications signal exchange, where the observer is neither of the communicating parties, whether the exchange is observed by visual or electronic means, for any purpose wlfc!tsoever. "School" means any educational institution including primary and secondary schools, colleges and universities, both public and private. "Franchise Agreement" means a signed and notarized statement on the part of both Grantor-and Grantee accepting and a9reeing to all of the provisions of a franchise granted pursuant to this ordinance, including referenced specifications, franchise applications, and other related material. The franchise agreement may modify terms of this ordinance by mutual agreement, with any such modification requiring confirmation by appropriate ordinance amendment. "Community Access Corporation" means the non-profit, public corporation, hereinafter defined, whose duties shall include the financing, management and programming of the Community and public Access Channels. (38) "Gross Annual Revenues" means the annual gross revenues received by the Grantee from all sources of operations of the Cable Communications System, except that any sales, excise or other taxes collected for direct pass- through'to local, state or federal government shall not be included. (33) (34) (35) (36) (37) "Year" means the remaining portion of 1981. Thereafter, "year" means a full calendar year. "Section" means any section, subsection, or provision of this franchise ordinance. (39) "Person" means any corporation, partnership, proprietorship, individual or organization authorized to do business in the State of California, or any natural person. 3 I I I . , Ordinance Number SECTION 23A-3 GRANT OF FRANCHISE (1) Grant. In the event that Grantor shall grant to the Grantee a non-exclusive, revocable franchise to construct, operate, maintain, and resonstruct 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 ordinance and the franchise agreement. The franchise shall include those provisions of the Grantee's "Application for Franchise" that are finally negotiated and accepted by the Grantor and Grantee in writing. The franchise shall be granted under the terms and conditions contained herein, consistent with Grantor Charter and/or statutory requirements, which are incorporated by this reference as if fully set forth herein. In the event of conflict between the terms and conditions of the franchise, and the terms and conditions on which the Grantor can grant a franchise, the Charter and/or statutory requirements shall, without exception, control. The franchise shall be subject to the general ordinance provisions now in effect or hereafter made effective. Nothing in the franchise shall be deemed to waive the requirements of the various codes and ordinances of the City regarding permits, fees to be paid or manner of construction. (2) Use of Public Streets and Ways. For the purposes of operating and maintaining a Cable Communications System in the City, the Grantee may erect, install, construct, repair, replace, reconstruct, and retain in, on, over, under, upon, across, and along the public streets and ways within the City such wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, pedestals, attachments, and other property and equipment as are necessary and appurtenant to the operation of the Cable Communications System. Prior to construction or alternation, however, the Grantee shall in each case file plans with the appropriate City agencies and utility companies, and receive written approval before proceeding. (3) Duration. The term of the franchise and all rights, privileges, obligations and restrictions pertaining thereto shall be 15 years from the effective date of the franchise unless terminated sooner as hereinafter provided. The effective date of the franchise ordinance shall be 60 days after passage by the Council unless the Grantee fails to file by that time in the appropriate office of the City a written acceptance of the franchise, in which event it shall be null and void. (4) Franchise Non-exclusive. The franchise granted shall be non-exclusive. The Grantor specifically reserves the right to grant, at any time, such additional franchises for a Cable Communications System as it deems appropriate. Franchise Non-transferable. The franchise shall not be sublet or assigned, nor shall any of the rights or privileges therein granted or authorized, be leased, assigned, sold or transferred, either in whole or in part, nor shall title thereto, either legal or equitable, or any right, interest or property therein, pass to or vest in any person, except the Grantee, either by act of the Grantee or by operation of law, without the prior consent of the City expressed by ordinance. The granting of such consent shall not render unnecessary any subsequent consent. If the Grantee shall, in violation of this section, transfer the franchise prior to obtaining City consent, all of the profits of the Cable Communications System from the date of franchise transfer until the date of City consent shall be returned to the system's subscribers, on a pro rata basis. (5) The Grantee, upon transfer as heretofore described shall, within 60 days thereafter, file with the City a copy of the deed, agreement, mortgage, lease, or other written instrument evidencing such sale, transfer or lease, certified and sworn to as correct by the Grantee. Every such transfer as heretofore described, whether voluntary or involuntary, shall be deemed void and no effect unless Grantee shall within 60 days after the same shall have been made, file such certified copy as is required. 4 I I I Ordinance Number \ .' I (6) Change in Control. The Grantee shall promptly notify the Grantor of any proposed change in, or transfer of or acquisition by, any other party of control of the Grantee with respect to which the consent of the Grantor is required, pursuant to the section of this ordinance entitled "Franchise Non-transferable." Such change in control shall make the franchise subject to revocation unless and until the Grantor shall have consented thereto. For the purpose of determining whether it will consent to such change, transfer, or acquisition of control, the Grantor may inquire into the qualifications of the prospective controlling party, and the Grantee shall assist the Grantor in any such inquiry. The City may condition said transfer upon the terms and conditions as it deems appropriate, For the purpose of this section, a presumptive change in control will be established upon the sale or transfer of 10% or more of the Grantee's ownership stock. SECTION 23A-4 DESIGN AND CONSTRUCTION PROVISIONS (1) System Design Concept. The Cable Communications System shall be constructed in accordance with the provisions of the franchise agreement. (2) Initial Geographical Coverage. The Grantee shall design and construct the Cable Communications System in such a manner as to have the eventual capability to service by every single-family dwelling unit, multiple- family dwelling unit, agency, and business establishment within the area of the franchise. Service shall be provided to subscribers in accordance with the schedules and line extension policies specified in the franchise agreement. The initial route of cables serving institutional subscribers shall be approved by Grantor, and confirmed in the franchise agreement. (3) Cablecasting Facilities. The Grantee shall provide cablecasting facilities in accordance with the provisions of the franchise agreement. (4) Interconnection. The Grantee shall provide the interconnection capability specified in the franchise agreement. The Grantor may, in the future, require the Grantee to participate in interconnecting the Cable Communications System to other cable systems in the greater Los Angeles an~ Orange County metropolitan area. Such interconnection may be required whrn both the Grantor and the franchising authority for the other cable system(s) agree that such interconnection is desirable, and also on the number of channels to be transmitted and received by each system. When such interconnection is required, the cost shall be borne by both Grantees, in the proportion of number of channels received to total number of channels transmitted and received, under the assumption that benefits accrue primarily through receipt of additional channels. In the case of regional or state-wide interconnection, the same principle shall apply. (5) System Construction Schedule (a) The Grantee shall begin to offer Basic Subscriber Television and Radio Service in accordance with the schedule contained in the franchise agreement, or sooner. (b) Service need not be provided where power and telephone utilities are not available. (c) The Grantee shall provide a detailed construction plan indicating progress schedule, area construction maps, test plan, and projected dates for offering service. In addition, the Grantee shall update this information on a monthly basis, showing specifically whether schedules are being met and the reasons for any delay. (d) Failure to begin construction within one (1) year after award of the franchise will be grounds for franchise revocation, at option of the Grantor. 5 I I I Ordinance Number (6) Penalties for Delay in Construction. The Grantor may at its sole option, apply any or all of the following penalties in connection with delays in system construction. (a) Reduction in the duration of the franchise on a month-for-month basis for each month of delay exceeding six months. (b) Forfeiture of performance bonds for delays exceeding one ypar. (c) Termination of the franchise for delays exceeding eighteen months. (7) Provision of Service. After service has been established by activating trunk cables for any area, the Grantee shall provide service to any requesting subscriber within that area within 60 days from the date of request. (8) Undergrounding of Cable. The undergrounding of cables is encouraged. In any event, cables shall be installed underground at Grantee's cost where existing utilities are already under9round. Previously installed aerial cable shall be undergrounded in concert with other utilities when such ot~er utilities may convert from aerial to underground construction. (9) Construction Components and Techniques. Construction components and techniques shall be in accordance with the franchise agreement. (10) Technical and Performance Standards. System technical and performance standards shall be in accordance with the franchise agreement. (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 tests for the residential services shall be performed periodically, at intervals no greater than every six months, on a minimum of 20 subscriber television receivers, located throu9hout the service area. At least 8 of these locations shall be at the far end of the distribution trunk cables. The test shall be witnessed by representatives of the Grantor, and written test reports shall be submitted to the Grantor. If more than 10% of the locations tested fail to meet the performance standards, the Grantee shall be required to indicate what corrective measures have been taken, and the entire test shall be repeated for at least 20 different locations. A second failure of more than 10% may result, at the Grantor's option, in an order to reduce subscriber rates due to degraded service. A third failure of more than 10% may result in the revocation of the franchise based on the Grantee's inability to deliver an acceptable product to the consumers. (12) Emergency Requirements. The Grantee shall design and construct the system to provide for a restricted audio override of the audio portion of all channels during emergencies. An emergency power source shall be provided by the Grantee. Equipment redundancy shall be provided as required to meet performance standards during periods of emergency or component failure. (13) Construction Codes. The Grantee shall strictly adhere to all buildin9 and zoning codes currently or hereafter in force. The grantee shall arrange its lines, cables, and other appurtenances, on both public and private property, in such a manner as to cause no unreasonable interference with the use of said public or private property by any person. In the event of such interference, the Grantor may require the removal of the Grantee's lines, cables, and appurtenances from the property in question. (14) Repair of Streets and Public Ways. Any and all streets and public ways which are disturbed or damaged during the construction, operation, maintenance, or reconstruction of the Cable Communications System, shall be promptly repaired by the Grantee, at its expense, and to the satisfaction of the Grantor. . 6 I I I , , Ordinance Number ,(15) Erection of Poles Prohibited. The Grantee shall not erect, for any reason, any pole on or along any street or public way in an existing aerial utility system. If additional poles in an existing aerial route are required, Grantee shall negotiate with the utility for the installation of the needed poles. Any such addition shall require the advance written approval of the Grantor. The Grantee shall negotiate the lease of poles space and facilities from the existing pole owners for all aerial construction, under mutually acceptable terms and conditions. The Grantor shall utilize its best offices to assist in arriving at equitable pole rental agreement. Restoration of Streets. Whenever the Grantee shall disturb the surface of any street, alley, public highway or ground for any purpose mentioned herein, it shall restore the same to the condition in which it was prior to the opening thereof, and when any opening is made by the Grantee in any hard surface pavement in any street, alley or public highway, the Grantee shall promptly refill the opening and restore the pavement. The Grantor may refill and/or repave in case of neglect of the Grantee. The cost thereof, including the cost of inspection and supervision, shall be paid by the Grantee. All excavations made by the Grantee in the streets, alleys and public highways shall be properly safeguarded for the prevention of accidents. The work hereby required shall be done in strict compliance with the rules, regulations and ordinances of the Grantor as now or hereafter provided. Reservations of Street Rights. Nothing in the franchise shall be construed to prevent the Grantor from constructing sewers, grading, paving, repairing and/or altering any street, alley, or public highway, or laying down, repairing or removing water mains or constructing, maintaining or establishing any other public work. All such work shall be done insofar as practicable, in such manner as not to unnecessarily obstruct, injure or prevent the free use and operation of the poles, wires, conduits, conductors, pipes or appurtenances of the Grantee. If any such property of the Grantee herein shall interfere with the construction or repair of any street or public improvement, whether it be construction, repair or removal of a sewer or water main, the improvement of a street or any other public improvement, all such poles wires, conduits or other appliances and facilities shall be removed or replaced in such manner as shall be directed by the Grantor so that the same shall not interfere with the said public work of the Grantor, and such removal or replacement shall be at the expense of the Grantee herein. (18) Trimming of Trees. Nothing contained in this franchise shall be deemed to empower or authorize Grantee to cut or trim any trees, ornamental or otherwise, in any of the streets, alleys or public highways, but Grantee may cut or trim trees as necessary only pursuant to a prior agreement with the property owner of property which is adjacent to the street area in which such tree stands. (16) (17) (19) Street Vacation or Abandonment. In the event any street, alley, public highway or portion thereof used by the Grantee shall be vacated by the Grantor, or the use thereof discontinued by the Grantee, during this franchise, the Grantee shall forthwith remove its facilities therefrom unless specifically permitted to continue the same, and on the removal thereof restore, repair or reconstruct the street area where such removal has occurred, and place the street area where such removal has occurred in such condition as may be required by the Grantor. In the event of failure, neglect or refusal of the Grantee, after thirty days' notice by the Grantor to repair, improve or maintain such street portion, the Grantor may do such work or cause it to be done, and at the cost thereof as found and declared by the Grantor shall be paid by the Grantee and collecti'on may be made by court action or otherwise. (20) Movement of Facilities. In the event it is necessary temporarily to move or remove any of the Grantee's wires, cables, poles or other facilities placed pursuant to the franchise, in order lawfully to move a large object, vehicle, building or other structure over the streets, alleys or highways of the Grantor, Grantee upon reasonable notice shall move at the expense of the person requesting the temporary removal such of his facilities as may be required to facilitate such movements. 7 I I I . , Ordinance Number SECTION 23A-5 SERVICE PROVISIONS (17 Services to be Provided. The Cable Communications System shall provide, as a minimum, the services listed in the franchise agreement. Services shall not be reduced withoutprior approval of Grantor. (2) Basic Subscriber Television Services (BSTS). The "Basic Subscriber Television Service" shall include the FCC-required services, the distant television broadcast signals, the imported non-broadcast signals, and the provision of all other cablecast open-channel signals. This service shall be provided to all subscribers at the established BSTS monthly subscription rates. Tiers of service may be provided at different rates, to offer residents a broader choice. (3) Basic Subscriber Radio Service (BSRS). The "Basic Subscriber Radio Service" shall include the provision of all designated audio services, including broadcast FM and AM radio, and cablecast FM signals. This service shall be provided to all subscribers at the established BSRS monthly subscription rates. (4) Institutional Service (IS). The "Institutional Service" shall include the provision of transmission and/or reception services to institutional users, on a leased channel basis at established IS rates. Services may include the distribution of video or non-video signals. (5) Additional Subscriber Services. "Additional Subscriber Services", not included in the BSTS and BSRS services specified above, may be provided, either within the basic subscription rates, or on a premium basis. (6) Local Origination Channel(s). The Grantee shall operate the cablecasting studios on a high-quality, professional basis for the purpose of providing cablecast programming responsive to local needs and interest. The emphasis for the Local Origination Channel(s) shall be on providing pr09ramming that is unavailable to viewers on broadcast television channels. Government Access Channel. The Grantee shall provide one or more channels for the use of the Grantor at no charge to the Grantor. The Grantee shall make every effort to provide advice and technical expertise to aid in the utilization of the channel (s). (7) (8) Educational Access Channel. The Grantee shall provide one or more channels for the use of the local educational institutions at no charge. The Grantee shall make every effort to provide advice and technical expertise to aid in the utilization of the channel (s). (9) Public Access Channel. The Grantee shall make at least one channel availabl~ to the public at no charge. The public access channel(s) shall be managed and operated by an independent, non-profit public corporation, the "Community Access Corporation" as described later in this ordinance. The Grantee shall make available for programmers of the public access channel the facilities listed in the franchise agreement, under terms of a mutual agreement with the Community Access Corporation. (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. The Closed-Circuit Community Access Channel shall be managed and operated by an independent, non-profit public corporation, the "Community 1\ccess Corporation", as described later in this ordinance. The Grantee shall make available for programmers of the Community Access Corporation the facilities listed in the franchise agreement. under terms of a mutual agreement with the Community Access Corporation. SECTION 23A-6 OPERATION AND MAINTENANCE (1) Open Books and Records. The Grantee shall maintain an office within the franchise territory and manage all of its operations in accordance with a policy of totally open books and records. The Grantor shall have the right to inspect at any time during normal business hours, all books, records, maps, plans, income tax returns, financial statements, service complaint logs, performance test results and other like materials of the Grantee which relate to the operation of the franchise. Access to the aforementioned records shall not be denied by the Grantee on the basis that said records contain "!1roprietary" information. 8 I I I . , Ordinance Number (2) Communications with Regulatory Agencies. Copies of all petitions, applications, communications, and reports submitted by the Grantee to the Federal Communications Commission, Securities and Exchange Commission, or any other Federal or State regulatory commission or agency having jurisdiction in respect to any matters affecting cable communications operations authorized pursuant to this franchise, shall also be submitted simultaneously to the Grantor. Copies of responses from the regulatory agencies to the Grantee shall likewise be furnished simultaneously to the Grantor. (3) Reports. (a) Annual Report. No later than April 5 of each year, the Grantee shall present a written report to the Grantor which shall include: (1) A fully-audited and certified financial report for the previous calendar year, including gross revenues from all sources, 9ross subscriber revenues from each category of service, net income and end-of-year balance sheet. (2) A summary of the previous year's activities, including but not limited to subscriber totals and new services. (3) A summary of complaints received and handled; and, (4) Projected plans for the future. (b) Monitoring and Compliance Reports. No later than April 15 of each year, the Grantee shall provide a written report of the FCC performance tests for the Home Subscriber Network required in Part 76, Section 76.601 of FCC Rules and Regulations. In addition, the Grantee shall provide, in accordance with Section 5, reports of the Test and Compliance procedures established by the franchise agreement, no later than 30 days after the completion of each series of tests. Additional Reports. The Grantee shall prepare and furnish to the Grantor, at the times and in the form prescribed, such additional reports with respect to its operation, affairs, transactions, or property, as may be reasonably necessary and appropriate to the performance of any of the rights, functions or duties of the Grantor in connection with this franchise. (c) (4) Maintenance and Complaints. (a) The Grantee shall maintain an office in the franchise territory which shall be open durin9.all usual business hours, have a publicly listed toll-free telephone, and be so operated to receive subscriber complaints and requests for repairs or adjustments on a 24-hour basis. A written 109 shall be maintained listing all complaints and their disposition. (b) The Grantee shall render efficient service, make repairs promptly, and interrupt service only for good cause for the shortest time possible. Such interruptions, insofar as possible, shall be preceded by notice and shall occur during period of minimum use of the system. A written log shall be maintained for all service interruptions. (c) The Grantee shall maintain a repair force of technicians capable of respondin9 to subscriber complaints or requests for service within 24 hours after receipt of the complaint or request. No charge shall be made to the subscriber for this service. (d) The Grantor shall ensure that all subscribers, programmers, and members of the general public have recourse to a satisfactory hearin9 of any complaints, where there is evidence that the Grantee has not settled the complaint to the satisfaction of the person initiating the complaint. The Grantor shall establish procedures for handling and settling complaints. 9 I I I Ordinance Number (5) Safety. (a) The Grantee shall, at all times, employ the standard of care attendant to the risks involved and shall install and maintain in use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injury, or nuisance to the public or to employees of the Grantee. (b) The Grantee shall install and maintain its wires, cables, fixtures and other equipment in accordance with the requirements of the National Electric Safety Code, and in such manner that they will not interfere with any installations of the Grantor or any public utility. (c) All lines, equipment, and connections in, over, under, and upon the streets and public ways and private property in the City, wherever situated or located, shall at all times be kept and maintained in a safe and suitable condition, and in good order and repair. SECTION 23A-7 REGULATION OF RATES (1) Charges Permitted and Regulated. The Grantee may make such charges for services provided to subscribers as are permitted by the franchise agreement or by subsequent approval of the Grantor. The Grantor may delegate this approval power. The Grantee shall receive no renumeration whatsoever for its subscribers for or in connection with any service provided to subscribers without approval of the Grantor. New services are encouraged and reasonable charges for such new services shall not be unreasonably limited or denied. (2) Schedule of Rates. The initial schedule of rates to be utilized by the Grantee shall be those in the Grantee's franchise application, and shall be firm for a period of at least two years after commencement of service within the City. The schedule of rates shall include installation and monthly charges for providing Basic Service, Closed-Circuit Service, rates for Additional Services, any special rates for large institutions, motels, multiple family dwelling units, or any other type of special subscriber. No additional charge shall be made for the provision of any converter without prior approval of the Grantor. All rates shall be published and non-discriminatory, and be uniform to all persons and organizations of like classes, under similar circumstances and conditions. Nothing in this provision shall be construed to prohibit the reduction or waiving of charges in conjunction with promotional campaigns for the purpose of attracting subscribers, nor the granting of reduced rates to non-profit institutions, nor shall this provision be interpreted to prohibit the establishment of a graduated scale of charges and rate schedules which vary with volume of usage, to which any subscriber or programmer included within a particular classification shall be entitled. (3) Change 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 (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. One factor that the Grantor shall consider in reviewing applications for rate increases shall be Grantee's performance in support of the Community Access Corporation, established in Section 23A-9. (4) Advance Charges and Deposits. The Grantee may require subscribers to pay for each month of service in advance at the beginning of each month. Deposit or advance payment for special equipment required for Closed- Circuit or Additional Services shall not be charged without prior approval of the Grantor. Nothing in this provision shall be construed to prohibit charges for initial installation and reconnection. (5) Installation and Reconnection. Except as otherwise provided in the franchise agreement, the Grantee may make a charge to subscribers for the installation of service outlets and for the reconnection of service 10 I I I Ordinance Number (6) outlets. The rates for such connection or reconnection shall be authorized by the Grantor as provided in the section entitled "Schedule of Rates". The Grantee may waive all or a portion of such charges for connection or reconnection, as provided in the section entitled "Schedule of Rates". Disconnection. There shall be no charge for disconnection of any installation or outlet. If a~ subscriber fails to pay a properly due monthly subscriber fee, or any other proper~y due fee or charge, the Grantee may disconnect the subscriber's service outlet. Such disconnection shall not be effected until sixty (60) days after the due date of said delinquent fee or charge, or until ten (10) days after adequate written notice of the intent to disconnect, whichever is later. Upon payment of the delinquent fee or charge and the payment of a reconnection charge, the Grantee shall promptly reinstate the subscriber's cable service. (7) Refunds to Subscribers and Programmers. (a) If the Grantee fails to provide any service requested by a subscriber or programmer, the Grantee shall, after adequate notification and being afforded the opportunity to provide the service, promptly refund all deposits or advance charges paid for the service in question by said subscriber or programmer. (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 set forth in this permit, the Grantee shall refund to such subscniber an amount equal to the installation or reconnection 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 has made an annual payment in advance, a similar portion of said payment shall be refunded by the Grantee. (c) If any subscriber terminates, for personal reason, any monthly service prior to the end of a prepaid period, a pro rata portion of any prepaid subscriber service fee using the number of days as a basis, shall be refunded to the subscriber by the Grantee. SECTION 23A-8 REGULATION OF FRANCHISE (1) Intent. The Grantor at its sole option may provide for the day-to-day administration and enforcement of the provisions of this franchise on a joint basis with neighboring cities. This dele9ation may be to a joint powers agency, a joint regulatory commission, or by other means, at Grantor's sole option. Areas of Regulation. The Grantor shall have responsibility for regulation in the following areas: (a) Administering and enforcing the provisions of the Cable Communications System franchise(s). (b) Coordination of the operation of government and educational channe 1 s. (c) Providing technical, programming and operational support to public agency users, such as City departments, schools and health care institutions. (d) Establishing procedures and standards for institutional operations and services, use of dedicated channels, and sharing of public facilities. (e) Planning expansion and growth of cable services. (f) Analyzing the possibility of'integrating cable communications with other City, State or regional telecommunications networks. (g) Formulating and recommending long-range telecommunications policy for the City. (h) Collecting the designated franchise fees. (2) 11 I I I Ordinance Number SECTION 23A-9 COMMUNITY ACCESS CORPOPATION (1) Intent. At Grantor's sole option, Grantor may ensure that the Public Access and other community Channels are governed by an independent, non- profit corporation, termed the Community Access Corporation (CAC), such that these channels may be free of censorship, open to all residents of the City and available for all forms of public expression, community information, and debate on public issues. (2) Functions of the Community Access Corporation. The Community Access Corporation shall have the following functions: (a) Responsibility for program production for the management of the Public Access Channel, the Community Channels, and all other channels as may in the future be designated for community-based programming. (b) To assure that the Public Access and Community channels are made available to all residents of the City on a non- discriminatory, first-come, first-served basis. (3) (c) To assure that no censorship or control over program content of the Public Access and Community channel(s) exist, except as necessary to comply with FCC prohibition of material that is obscene, or contains commercial advertising, or conducts a lottery. (d) To devise, establish, and administer all rules, regulations, and procedures pertaining to the use and scheduling of the Public Access and Community channels. (e) To prepare, in conjunction with the Grantee, such regular or special reports as may be required or desirable. (f) To hire and supervise staff. (g) To make all purchases of material and equipment that may be required. (h) To develop additional sources of funding, such as foundation or Federal or State grants, to further community programming. (i) To perform such other functions relevant to the Public and Community channel(s) as may be appropriate. Public Access Rules. Within sixty (60) days after the incorporation of CAC the Board of Directors shall complete a set of rules for the use of the Public Access and Community channels which shall be promptly forwarded to the Grantor and to the FCC. The rules shall be prepared in cooperation with the Grantee, and confirmed by a contractual agreement between CAC and the Grantee. The rules shall, at a minimum, provide for: (a) Access on a first-come, first-served, non-discriminatory basis for all residents of the City; (b) Prohibition of advertising for commercial or political purposes, as defined by the FCC; (c) Prohibition of any presentation of lottery information, or obscene or indecent material; (d) Public inspection of the log of producers, which shall be retained by the Grantee for a period of two years; (e) Procedures by which individuals or groups who violate any rule may be prevented from further access to the channel; and (f) Free use of such reasonable amounts of channel time, cablecastin9 facilities, and technical support as are provided for in the agreement between CAC and the Grantee. 12 I I I , . Ordinance Number Establishment of the CAC. Thp initial Board of Directors of the CAC shall be appointed by the Grantor, with the intent of including as broad a spectrum of representation of the franchise area as practicable. The initial Board of Directors shall establish the by-laws of the CAC, and operate as a non-profit, independent public corporation. Funding for the CAC. It is the intent of the Grantor that the CAC obtain partial funding from the Grantee, to the extent of two percent (2%) of the Grantee's Gross Annual Receipts, as indicated in Section 23A.l (a). (6) Grantee Support for the CAC. It is the intent of the Grantor that the Grantee shall provide ongoing cooperation with and support to the CAC, with the detailed requirements to be specified in the franchise agreement. As a minimum, the following shall be provided: (4) (5) (a) The Grantee shall provide a high-quality cablecasting studio facility for the use of the CAC. This studio shall be separate from the facilities used by the Grantee for local origination, althou9h it may be housed in the same buildin9. Equipment in this studio shall be comparable to that used by the Grantee for local origination. (b) The Grantee shall provide operational and technical personnel to support CAC in their cablecasting activities, with the minimum level of support as specified in the franchsie agreement. (7) CAC Reports. The CAC shall provide a report to the Grantor, at least annually, indicating CAC achievements in community-based programming and services. The CAC also shall provide a special report to the Grantor each time the Grantee requests an increase in rates, indicating the level and quality of Grantee's support to CAC, during the period elapsed since any previous rate increase was implemented. SECTION 23A-10 GENERAL FINANCIAL AND INSURANCE PROVISIONS (1) Payment to the 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 a 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 three percent (3%) of the Grantee's Gross Annual Revenues. In addition, the Grantee shall pay to the Grantor or its delegated regulatory agency, an amount equal to two percent (2%) of the Grantee's Gross Annual Revenues for support of Community Programming, which amount shall be turned over to the Community Access Corporation, as indicated in Section 23A-9.5. (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 thp computation and such other relevant facts as may be required by the Grantor. (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 this permit. All amounts paid shall be subject to audit and recomputation by the Grantor. (d) Following the issuance and acceptance of the franchise, the Grantee shall initiate franchise fee payments to the Grantor at the minimum rate of $15,000.00 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. 13 I I I Ordinance Number (~) 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 City and maintain on deposit through the term of the franchise the sum of $10,000.00 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 agency of the Grantor having jurisdiction over its acts or defaults under this contract, and the payment by the Grantee of any claims, liens and taxes due the Grantor which arise by reason of the construction, operation or maintenance of the system. (b) Within thirty (30) days after notice to it that any amount has been withdrawn by the City from the security fund pursuant to subdivision (a) of this Section, the Grantee shall deposit a sum of money sufficient to restore such security fund to the original amount. (c) If the Grantee fails after ten (10) days notice to pay to the City any taxes due and unpaid; or fails to repay to the City, within such ten (10) days, any damages, costs or expenses which the City shall be compelled to pay by reason of any act or default of the Company in connection with this franchise; or fails, after thirty (30) days notice of such failure by the City to comply with any provision of the franchise which the City reasonably determines can be remedied by an expenditure of the security, the City may immediately withdraw the amount thereof, with interest and any penalties. from the security fund. Upon such withdrawal, the Grantor shall notify the Grantee of the amount and date thereof. (d) The security fund deposited pursuant to this Section shall become the property of the Grantor in the event that the franchise is cancelled by reason of the default of the Grantee or revoked for cause. 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 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 reserved by this contract or authorized by law, and no action proceedings or exercise of a right with respect to such security fund shall affect any other right the Grantor may have. (3) Faithful Performance Bond. Upon the effective date of the franchise. the Grantee shall furnish proof of the posting of a faithful performance bond running to the Grantor, with good and sufficient surety approved by the Grantor, in the penal sum of two hundred fifty thousand dollars ($250,000) conditioned that the Grantee shall well and truly observe. fulfill, and perform each term and condition of the franchise. Such bond shall be maintained by the Grantee throughout the term of this franchise. Written evidence of payment required premiums shall be filed and maintained with the Grantor. (4) Damages and Defense. (a) the Grantee shall hold harmless the Grantor for all damages and penalties arising directly or indirectly as a result of the exercise of the franchise. These damages and penalties shall include, but shall not be limited to, damages arising out of copyright infringement, defamation, and all other damages arising out of the construction, operation, maintenance or reconstruction of the Cable Communications System authorized herein, whether or not any act or omfssion complained of is authorized, allowed, or prohibited by this franchise. The Grantee shall pay all expenses incurred by the Grantor in defending itself with regard to all damages and penalt~es mentioned in section (a) above. These expenses shall lnclude (b) 14 I I I , Ordinance Number 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. (5) Liability Insurance and'Indemnification. (a) The Grantee shall maintain, throughout the term of the franchise, liability insurance expressly insuring both the Grantee and the Grantor with regard to all damages mentioned in subsection (a) of the Section entitled "Damages and Defense" above, in the minimum amounts of: - $1,000,000 for bodily injury or death to anyone person; $3,000,000 for bodily injury or death resulting from any one accident; $500,000 for all other types of liability. (b) Upon the effective date of the franchise, the Grantee shall furnish proof to the Grantor that a satisfactory insurance policy has been obtained. Said insurance policy shall be approved by the Grantor and such insurance policy, along with written evidence of payment of required premiums, shall be filed and maintained with the Grantor. (c) The Grantee shall name the Grantor as additional insured on all liability policies. All policies cannot be cancelled unless thirty (30) days written prior notice is given the Grantor. (d) Proof of insurance must be received by the Grantor prior to the start of any construction by the Grantee. (6) Costs of Publication of Franchise. The Grantee shall pay the costs of publication of the franchise, as such publication is required by law. SECTION 23A-ll RIGHTS RESERVED TO THE GRANTOR (1) Right to Purchase the System. The Grantor may in any lawful manner and upon the payment of a fair valuation lawfully ascertain, 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 such valuation shall not include any sum for the value of the franchise or grant under which such plant and property is being operated. The Grantee shall make it a condition of each contract entered into by it that the Grantor shall have the right to succeed to all privileges and obligations pertaining thereto. (2) Right of Inspection of Records. There shall be kept in the Grantor's offices a separate record for the franchise, which record shall show the things hereafter set forth. The Grantee shall provide such information in such form as may be required by the Grantor for said records. (a) The true and entire cost of construction of equipment, of maintenance and of the administration and operation thereof; the amount of stock issued, if any; the amount of cash paid in, the number and par value of shares, the amount and character of indebtedness, if any; the rate of taxes, the dividends declared; the character and amount of all fixed charges; the allowance, if any, for interest, for wear and tear or depreciation; all amounts and sources of income. (b) The amount collected annually from the City treasury and the character and extent of the service rendered therefor to them. (c) The amount collected annually from other users of service and the character and extent of the service rendered therefor to them. The books of records kept by the Grantor shall be open to public examination at any time during the business hours of the Grantor's office. The information, in addition to any further data which may be required by the Grantor, shall be furnished by the Grantee to the Grantor upon request, and at the Grantee's own cost and expense. 15 I I I Ordinance Number . The Grantor shall have the right to inspect all books~ records, maps, plans, income tax returns, financial statements, and other like material of the Grantee at any time durin9 normal business hours. (3) Right of Inspection of Construction. The Grantor shall have the right to inspect all construction or installation work performed subject to the provisions of the franchise and to make such tests as it shall find necessar~ to ensure compliance with the terms of this franchise and other pertinent provisions of law. (4) Right of Intervention. The Grantor shall have the right of intervention in any suit or proceedings to which the Grantee is party, and the Grantee shall not oppose such intervention by the Grantor. (5) Right to Require Removal of Property. At the expiration of the term for which the franchise is granted, or upon its revocation or expiration, as provided for herein, the Grantor shall have the right to require the Grantee to remove, at its own expense, all portions of the Cable Communications System from all streets and public ways within the City. SECTION 23A-12 RIGHTS OF INDIVIDUALS PROTECTED (1) Discriminatory Practices Prohibited. The Grantee shall not deny service, deny access, or otherwise discriminate against subscribers, programmers, or general citizens 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 76.13 (a) (8) and 76.311 or Chapter 1 of Title 47 of the Code of Federal Regulations. The Grantee shall comply at all times with all other applicable Federal, State, City, Parish laws, and all executive and administrative orders relating to non-discrimination. (2) Cable Tapping Prohibited. Neither the Grantee, nor any other person, agency, or entity shall tap, or arrange for the tapping of any cable, line, signal input device, or subscriber outlet or receiver for any purpose whatsoever. (3) Privacy and Other Human Rights. The Grantee and the Grantor shall maintain constant vigilance with regard to possible abuses of the right of privacy or other human rights of any subscriber, programmer, or general citizen resulting from any device or signal associated with the Cable Communications System. The Grantee shall not place in any private residence any equipment capable of two-way communications without the written consent of the residents, and will not utilize the two-way communications capability of the System for unauthorized subscriber surveillance of any kind. (4) Permission of Property Owner Required. No cable, line, wire, amplifier, converter, or other piece of equipment owned by the Grantee shall be installed by the Grantee without first securing the written permission of the owner of any property involved. If such permission is later revoked, whether by the original or a subsequent owner, the Grantee shall remove forthwith any of its equipment which is both visible and movable and promptly restore the property to its original condition. (5) Sale of Subscriber Lists Prohibited. The Grantee shall not sell, or otherwise make available, lists of the names and addresses of its subscribers, or any list which identifies, by name, subscriber viewing habits, to any person, agency, or entity, for any purpose whatsoever, without the specific authorization of the Grantor, expressed by resolution, after a 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. SECTION 23A-13 TERMINATION AND RENEWAL (1) Revocation. In addition to any rights set out elsewhere in this document, the Grantor reserves the right to revoke the franchise, and all rights and privileges pertaining thereto, in the event that: 16 I I I , , . Ordinance Number . L (a) The Grantee violates any provision of the franchise; or (b) The Grantee's construction schedule is delayed for over 18 months; or (2) (c) the Grantee becomes insolvent, unable or unwilling to pay its debts; or is adjudged a bankrupt; or, (d) The Grantee is found to have practiced any fraud or deceit upon the Grantor. Upon failure of the Grantee to comply with the terms of the franchise, the City Council may by resolution, after a duly notified public hearing, declare a forfeiture, whereupon all rights of the holders of the franchise shall immediately be divested without a further act upon the part of the Grantor, and the Grantee shall forthwith remove its structures or property from the streets and restore the streets 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. Receivership. The Grantor shall have the right to revoke the franchise one hundred and twenty (120) days after the appointment of a receiver, or trustee, to take over and conduct the business of the Grantee, whether in receivership, reorganization, bankruptcy, or other action or proceeding, unless such receivership or trusteeship shall have been vacated prior to the expiration of said one hundred and twenty (120) days, or unless: (a) within one hundred and twenty (120) days after his election or appointment such receiver or trustee shall have fully complied with all of the provisions of the franchise and remedied all defaults thereunder; and, (b) (3) such receiver or trustee, within said one hundred and twenty (120) days, shall have executed an agreement, duly approved by the court having jurisdiction in the premises, whereby such receiver or trustee assumes and agrees to be bound by each and every provision of the franchise. Expiration. Upon expiration of the initial term of the franchise, the Grantor shall have the right, at its election, to: (a) renew or extend the franchise (b) invite additional franchise applications or proposals; or (c) terminate the franchise without further action. The Grantee shall make it a condition of each contract entered into by it that the Grantor shall have the right to exercise these options. (4) Renewal or Extension. The franchise may be renewed or extended by the Grantor, upon application of the Grantee. Nothing in this provision shall be construed to require such renewal or extension. (5) Continuity of Service Mandatory. It shall be the right of all subscribers to receive all available services insofar as their financial and other obligations to the Grantee are honored. In the event that the Grantee elects to overbuild, rebuild, modify, or sell the System, or the Grantor revokes or fails to renew the franchise, the Grantee shall do everything in its power to ensure that all subscribers receive continuous, uninterrupted service regardless of the circumstances during the lifetime of the franchise. In the event of purchase by the Grantor, or a change of Grantee, the current Grantee shall cooperate with the Grantor to operate the System for a temporary period, in maintaining continuity of service to all subscribers. SECTION 23A-14 MISCELLANEOUS PROVISIONS (1) Compliance of Laws. The Grantee shall comply with all Federal and State of California laws, as well as all City ordinances, resolutions, rules, and regulations heretofore or hereafter adopted or established during the entire term of the franchise. 17 " I I I .. '," Ordinance Number iI II> ') . " (2) Separability. If any section of the franchise is held to be invalid or pre-empted by Federal or State regulations or laws, such finding or pre- emption shall not affect the remaining sections of the franchise except as provided in Section 23A-14.6. (3) Captions. The captions to sections throu9hout this ordinance are intended solely to facilitate reading and reference to the sections and provisions of this ordinance. Such captions shall not affect the meaning or interpretation of this ordinance. No Recourse Against the Grantor. The Grantee shall have no 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. (4) (5) Non-enforcement by the Grantor. The Grantee shall not be relieved of its obligation to comply with any of the provisions of this permit by reason of any failure of the Grantor to enforce prompt compliance. Subsequent Action by State or Federal Agencies. This ordinance shall be construed in a manner consistent with all applicable Federal and State laws. Whenever the Federal Communications Commission (FCC) or Public Utilities Commission of the State of California or any other federal or state body or agency shall now or hereafter exercise any paramount jurisdiction over any specific provisions of the franchise, such paramount jurisdiction shall pre-empt or preclude the exercise of like jurisdiction by City. Any modification of such applicable regulations or law shall to the extent appl icable be consi,dered as a part of the franchise as of the effective date of such modification. (6) ~ECTION 23A-15 FRANCHISE APPLICATIONS (1) Franchise Applications. Applicants for a franchise shall submit to the Grantor, or to a designated agency, written application utilizing the Standardized format provided by the Grantor, at the time and place designated by the Grantor for accepting applications, and including the designated application fee of $2,000.00 for each application. (2) The City Council may award a franchise under the provisions of this ordinance only after a duly notified public hearing has been held on the matter. (3) Franchise Processing Fee. The Grantee shall be required to reimburse the Grantor for costs expended in soliciting and evaluating applications, and processing the franchise award, to the extent that such costs are not recovered from application fees. SECTION 23A-16 REPEALING ORDINANCE NO. 717 Ordinance No. 717 of the City of Seal Beach providing for the granting of franchises for Cable Television Systems adopted on June 1967 is repealed. Beach, AYES: NOES: ABSENT: i 1 members Council members Councilmembers -.f/2.... L clt r 18 1.1' .. I I PROOF OF PUBLICA liON (2015.5 C.C.P.l STATE OF CALIFORNIA. County of Orange I am a citizen of the United States and a re.ldent of the County afore.ald; I am over the age of elght"n year.. and not a party 10 or Interested In the above.entltled matter, I am the principal clerk of the printer of the ..~..~~...., ,........................11.11.'.........11...11.... a newspaper of gen'eral circulation, printed, and published .....~..........., In the City of ..~~.~~"'..~~."".., County of Orange. and which news. paper has been adludged a newspaper of general circulation by the Superlor Court of the County of Orange, State of California. underthedateof~., 19 ~l, , A (;'1 S-I' .3 Case Number.a',f,P.'; .........; 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, to-wit: , ....~~...~~~...,..................... all In the year 19...... I certify (or declare,l under penalty of per(ury that the foregoing is true and correct. / Dated at~.~............. California, this..-?I.....day o;~, 19.tf.. .".......O:fsig~uj'~........... F,... copies of 'hls blink form may be Ileur.. from: CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House 120 WeB! Second St., Los Angeles, Calif. 90012 Telephone: (2131625.2541 PII... reQu..t GENeRAL Jltaaf.f PubllCltlon whln ord.rln. this form. Ordinance Number This space Is for the County Clerk's Filing Stamp Proof of Publication of .....11....11........11..........,.....................I'" ".,~.~,~,4..~~~..". SUMMARY- ORDINANCE NUMBER 1018 CABLE COMMUNICATIONS FRANCHISE ORDINANCE Ordinance Number 1096 of the ::ity of Seal Be&ch relating to Cable Communications Franchises, was considered by the City CounCil at their regular meeting :JI May 1" 1981 First reeding 01 Ordinance Number 1098 was approved by the following vote: AYE$.: Kredell, Luzlo~ Seltz, Supple NOES: None ABSENT. Va~ \ Motion carried Ordinance Number 1096 will be COnsidered for second reading and adoption at the regular City. CounCil meeting, Tuesday, May 26, 1981. Copies of Ordinance' Number 1096 are available In the office of the City Clerk, 211 . 8th, Street, Seal Beach, telephone 12'3)43'-2527_ DATED THIS 12th day of May, 1981 ' .10.... M. V_, CIt, Ctertl: C1ly 0111oo1 _ M~2.0,1181 ,.1' I I PROOF OF PUBLICA liON (2015.5 C.C.P.l 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.entltled matter. I am the principal clerk of the printer of the ...... 'iJ........................................... , .~~ . ......... ....... a newspaper of general and published ......~......... In the City of .~~......t..~~.,~tI........ County of Orange, and which news, paper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California. under the date Of#.., 19 ~l, Case Number t11P!~.r.-?....; 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: ~1'1.;~..;~~.r:i.t.... ....... ...... ... .... I certify (or declare,l under penalty of perjury that the foregoing is true and correct, f). Dated at.... .~.~~ ..-;~........... Califor~thls...7......:yO~' 19!:-I.. .......(/r.~~7................. Free copies of this blink form may be .ecured from: CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House 120 Wesi Second SI., Los Angeles, Calif. 90012 Telephone: (213) 625-2541 Plea.1 r,qullt GENERAL Pl'oa'of Publication when orderlnq this form. Ordinance Number This space Is for the County Clerk's Filing Stamp Proof of Publication of ... _. g........ .;;:. ..;~.~: :::::; ............. ..~~..... ..--.................. SUMM ORDINANCE NUMBER '088 CABLE COMMUNICATIONS FRANCHISE ORDINANCE Ordinance Number 1096 of the Clly of Seal Beach relating to Cable Communication Fran- chises. received second and was adopted by the City CounCil at thel, regular meeting of May 26, 1981 by the following vote' AYES Kredell, Laszlo, Seltz, Supple, Vanderstaay NOES' None ABSENT: None Coptee of Ordinance Number 1096 are available In the office of the City Clerk, 211 - 8th Street, ; Seal Beach. telephone (213)431- I 2527_ - DATED THIS 27th day of May. 1981. Janne M. Veo, City Clerk C1lyof_ _ June 3, 1181 <