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HomeMy WebLinkAboutCC Ord 717 1967-05-01 ~ . .... 'fro ~ -"- - ~ C::i~':i:~.'\l.., 0= !~I.' I. .~?py I 1'.,)110 LE It,!.,:,) ).. ',Yv\ I,' LI'" ~ ~TY CLERi; '; O'::i:ICf:; I , c, AN ORDINANCE OF THE,CITY OF SEAL BEACH, A CHARTER CI~Y, PROVIDING FOR THE GRANTING OF FRANCHISES FOR COMMuNITY ANTENNA TELEVISION FACILITIES AND SERVICES. " ORDINANCE NO. 7/ 7 The City Council of the City of Seal Beach, a Charter City, does hereby ordain as follows: Section 1. For the purpose of this ordinance, the fo110wins terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number in- clude the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory, (a) CITY. The term "City" shall mean the City of Seal Beach in its present incorporated form or in any later recognized, consolidated, enlarged or reincorporated form. I (b) body body COUNCIL. The term "Council" shall mean the present governing of the City, or any future board constituting the legislative of the City. (c) PERSON. partnership, any kind. The term "person" shall mean any individual, firm, association, corporation', company or organization of (d) GRANTEE. The term "grantee" shall mean the person, firm, or corporation to whom or which a franchise under this chapter is granted by the Council, and the lawful successor or assignee of said person, firm or corporation. (e) COMMUNITY ANTENNA TELEVISION. The term "Community Antenna Tele- vision System" or "CATV" system shall mean a system of antennae, coaxial cables, wave guides, poles, wires, underground conduits, man- holes, and other conductors, equipment or facilities designed, con- structed or used for the purpose of providing television, radio, or other service by cable or through its facilities as herein contemplated. CATV shall not mean or include the transmission of any special program or event for which a separate and distinct charge is made to the sub- scriber in the manner'common1y known and referred to as pay television. I (f) SUBSCRIBERS. The term "subscribers" shall mean any person or entity receiving for any purpose the CATV service of the grantee herein. (g) GROSS ANNUAL RECEIPTS. The term "gross annual receipts" shall mean any and all compensation in the form of gross rental and/or ser- vice receipts, including initial installation charges, received directly or indirectly from subscribers or users in payment for CATV services received within the City. I I I Ordinance Number ,'" Gross annual receipts shall not include any taxes on, services fur- nished by the grantee imposed directly on any subscriber or used by any city, state or other governmental unit and co1~ected by the grantee for such governmental unit. (h) FRANCHISE AREA. tory within the city construct, maintain, enlargements thereof The term "franchise area"'sha11 mean the terri- throughout which grantee shall be authorized to and operate its system and shall include any and additions thereto. Section 2. Franchise to Operate. 'A franchise to construct, operate and maintain a community 'antenna television system within all or any portion of the incorporated area of the City of Seal Beach may be granted by the Council to any person, firm or corporation, whether operating under an existing franchise or not, offering to furnish and provide such system pursuant to the terms and provisions of this chapter. Such a franchise shall not be exclusive, and the city reserves the right to grant a similar franchise to any person at any time. No provision of this chapter may be construed as to require the granting of a franchise when in the opinion of the Council it is in the public interest to ,restrict the number of ' grantees to one or more or to refrain from granting any franchise at that time. Section 3. Uses Permitted. Any franchise granted pursuant to the provisions of this chapter sh~ll authorize and permit the grantee to engage in the business of operating and providing a CATV system in the City of Seal Beach and for that purpose to erect, install, construct, operate, repair, replace, reconstruct, maintain and retain in, on, over, under, upon, across and along any public highway, street, alley, public way or public place, such poles, wires, cable, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments and other property as may be necessary and appurtenant to the CATV system; and in addition, so to use, operate and provide similar faci- lities on properties rented or leased from other persons, firms or corporations including, but not limited to, a public utility or other grantee franchised or permitted to do business in the City of Seal Beach. The grantee shall have the authority to promulgate such rules, regula- tions, terms and conditions governing the conduct of its business as shall be reasonably necessary to enable it to exercise its rights and perform its obligations under the franchise, and to insure an uninter- rupted service to each and all of its customers; provided, however, that such rules, regulations, terms and conditions shall not be in conflict with the provisions hereof or of .the laws of the City of Seal Beach, the State of California, or the United States of America. The grantee shall have authority to trim trees upon and overhanging streets, alleys, sidewalks and public places of the city so as to prevent the braHches of such trees from, coming in contact with the wires and cables of grantee, all trimming to be done under the super- vision and direction of the City and at the expense of grantee. - 2- I I I ... Ordi~a'nce,Number" ".,." ,'c,'- ,:,," ; .~ . .....i' v .~. , .. "~.,', . :" '''. . .,. "., , , " , Section '4,. 'Regulation of ,Rates and Service,~ (a) The City Council' shall at all tiIh~s and fram tim~ "to,\time dUring the term of a'ny franchise grante'd 'her'eUl1der.'have the power' to anq shall adopt arid enfor~e, and. grant,ee ,shpll conform;: ta', .rules' and regulations of, the CouncIl' g6vernirig 'an,d ei?'tahlisning , 'reasonable rules, 'regulations,' and'-s~andardsof.'performance '; :pertaining to ,the system of gran):ee. , ' .~," ; ~ 't ';,; ..">",\?(;<":,.~~'.,:."! " '(b) At the time of the granting of any fraO:chise,hereunder,' the City Councilsha11' establish or, approve all rates,'and charges allowable ,to grantee'" including but nat limited,to all:such rates and charges for instatlation of equipment,: service. "charges for, all c1assifica,tions of s,ervice,' including additional comi.ection's: . at one location and any ather rates, or' charges of grantee' to' ' subscribers; and'no such rates or 'charge.s shall be 'changed 'at 'any'time after ,the granting .of a fran~hise,' except hy authority 'of the Council, and upon written request o( the' grantee;,pr.ovided; , , that prior to, authorizing the change' .of any 'rates' or ,charges of' grantee to subsc~iber$,' at any time ,after the granting,of such, . franchise, the Council shall first,pass its resoluti.on of intention to do so, describing and stating any rates or charges"to 'be changed, the reasons of the C;;ounci1 therefor,., fixing -a day, hour arid place ' certain when and' where any persons having ,any"interest theredn may appear before the', Council and be, heardanqdirectirig the City, Clerk to publish or post said resolution at, least once, within, fifteen (15) days, of the passage thereof. The city Clerk, shan cause' such resoluti,on to be published in a newspaper, of general circulation or posted, within the City; and a c.opy 'thereof shall ,be mailed to any grantee hereunder: at least'ten (1'0) days prior' to the date' specified for 'hearing thereon. 'At' the time set for such hea,ring, .or at any adjourmnent thereaf",the Council shall : 'proceed to hear and pass on all presentatians:made before it, and the decision ,of the Council thereon shall be final an~con- ',elusive. If the Council shall find",that the chahghlg of any rates 'or charges of grantee to subscribers will not be detrimental. .or. .. 1 . . ,. . _, , injurious ,to the best interests ahd welfare of the subscr~bers ,ani]' ,.of,: th'e',:Ci;ty;", then' the:Coug.cil"may,' by resolution, aut!:lOrize the change of any rates or charges of, granteeCto sub~crib,ers as shall be deemed reasanab1e by the Council' iri,thepremises;' and such resolution 'shall thereupon become and shall' be",a part of any fninchise granted' hereunder and affec ted 'thereby., " , , Section 5'. Duration of Franchis'e: ,Any franchise, granted by the": City Council pursuant ta this ~hapter,' shall be for a 'term of not more than twenty-five :(25) years: following' the date of ae,ceptance of such franchise by,the,'gr,mtee .or ' renewal thereof or'far an indeterminat'e 'periOd. , Any 'such fran- "chise may be terminated prior to its dafe'af expiration by the . City. Council in ,the event that 'said Council shall 'liave found, after thirty' (30) days ,'notice of pr6posed termination and pub1i'c hearing, that, '(a) the grantee has failed 'to comply with any .provision 'of this chapter, or has, by act or omission, violated . any term or condition of its franchise .or pepnit issued under. -3- .. t ,., i;." .," I I I' Ordinan~e Number ,: ',' ., 1- ," ,. , " :' ",(; !., , ,. this chapter; or (b) any prov~s~on of this' chapter has become invalid or unenforceable, and the Council further finds that ,. - ~ , such provision constitutes a consideration ma"cerial to "the grant of said franchise; or (c) the City ac~uires She CATV property of, grantee. :, , "" ''', ,";\ ". ' ~ l~ _ \ I: . "'r, Section 6. Franchise Payment. (a) ACCEPTANCE FEE. The grantee of ,any franchise gra,nted pursua1}t to ,t,his; chapter ,shall pay to the City upon acceptance oFsuch "'franchise', a fee certain in aI'!' amount to be determined or ,approved by 'the' City Council. (b) ANNUAL FRANCHISE FEE'. The grantee of any fran~hise under this chapter shall p'ay annu'ally to the City during the life of ,such ' franchise a fixed percentage of the gross receipts of the grantee derived from subscribers within the 'City. Such percent- age shall be at least three percent (3%) and, shall be..,establish,ed by the City Council .f~r the life of the, franchise by specifying such percentage in the ordinan~e granting the' ,franchise. , ' 'The grantee shall fil~ with the City, within thirty (30). days after the expiration of any calendar year during which such franchise is in force,. a financ~a1 statement prepared by a" certified public accountant showing in detail the' gross' annual receipts, as defined herein, .of grantee, its' successors, and assigns, during the preceeding calendar year. It shall be t:he , duty of grantee, to pay to the'City, within ten (10)' days after.. the time for fiLing such statement, any unpaid balance for the' calendar year covered by such statement. ,In the event, that ~he above payment is not received by the City within the specified time, grantee shall pay to'the City a pena1'ty of two percent (2%) per month on the unpaid, balance in ' addition thereto.' , .. , In any year or portion thereof commencing at the conclusion of the first' year that service is provided during which p'ayments to grantee for :i-nstallation and services ambu~t, to less' than Fifteen Hundred Dol1ars ,($1500) per month,gr-;';~tee' shall pay to the City ~,minimum amount of Twenty-five Dollars ($75) per month. " , " ' The'right is resetved to the City of audit 'and recomputat[on of any and all amounts paid under this chapter" and no acceptance of any payment 'shall be construed as a release or as ,an accord :, and satisfactiono[ any claim the City, may have for further or' additional sums :payab1e under, this 'chapter or for' the performa~ce of any obligation thereunder, ' In the event cf any holding over after expiration or other termif nation of, said franchise, without the consent of the City, the ,grantee shall 'pay to the City damages of not less than twenty percent (20%)' of it~ gross profits durins said period., ""4- i}' ,:' \' .l , , ' I I I Ordinance Number ., '!r ..: .~. Section 7. Limitation of Franchise. (a) No privilege or exemption shall be granted or' conferred by a 'franchise. granted pursuant to. this chapter except those s~ecifica11y.prescribed herein. ' I,.' (b) The grantee is subject to all requirements of the ordinances, rules, regulations, fees and specifications of the:City'heretofOre or hereafter enacted or established, including; but, not limited to, 'those concerning 'street work, street excavatioh, use,' 'r,emova1" and relocation 'of property within a street, and oth~r street work. . '(c) All transmission and, distrib'uticin':;structures, lines and equip- ment of the grantee within the City shall be so:located as to cause minimum interference with the proper use of streets, alleys and other public ways and places, and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin any of the said streets, alleys or other,pub1ic ways and ,places. (d) In case 'of any disturbance of pavement, sidewalk, driveway or other surfacing, the grantee shall, at its own cost and expense ,and in a manner approved by the Public Works Department of the City, replace and restore all paving, sidewalk, dri~eway or surface of any street or alley disturbed, in ~s good ~ondition as before said work was commenced and shall maintain the restoration in an approved condition for the duration of th~ franchise. (e) The grantee 'shall, at its expense, protect; support, temporarily disconnect, ):"e10cate or remove from any public street', alley or other public way, any property of the gr'antee when required by the Director' of Public Works of' the City by reas.on Of traffic conditions, 'public safety, str~et vacation, freewayand'street construction; chimge or establishment of street grade;'insta11ation of sewers,' drains, water p'ipes, power lines,: signal lines" and ' tracks or any other type of structures or improvements by govern~ rr~nta1 agencies when acting in a governmental or proprietary capacity, or any other structures or public improvem~nts; provided" however, the grantee shall in all cases have'the privileges and be subject'to the obligations to,abandon.anypiqperty of the grantee in place, as ,provided in Section 1:1, herein.I::,;'::;:,;;:::', , , (f) Whene~er'lt; is'necess~ry. to .~h~t off or interrupt service for the purpose of making repairs, adjustments, alterations or instal- lations, the grantee, shall do sO,at such time as will cause the least amount of fnc9.~'{enienc,e' to its, customers, and unless such interruption is unforeseen 'and 'imnlediately necessary, it shall give reasonable notice thereof to "its customers. . ~. ~ ',' J " ~. . ~ :.' '.' , " .t (g) Any such franchise shall be a privilege to be held in trust by the original grantee. It cannot In any event be sold, ,transferred", leased, assigned or disposed of, in whole or in 'part, either by forced or involuntary sale, merger, consolidation or otherwise, ,without prior consent of the Counci1.expressed by resolution, arid then only under such conditions as may, be therein prestribed'. The -5- I I I " Ordi~ance,Number ;" " ; c' , - , " ,. ',1 ." ~~ -, 'I : . '.- ,..:1,-" " " C,,, "" ., .. grantee shall file with ,the Council within 'thirty (30) days aft~r any sale,tr~nsfer, assignment, or lease of the franchise ,or any part the'reof" or any o{ the rights or, privileges granted thereby, written evidence-of the trans?ction certified 'to by;'the grantee or its duly authorized officers. The, proposed assignee must show' financial responsibility ,and must agree to comply with all pro- visions of this chapter. No such consent shall pe requ:i.red ,for' a' transfer in 'trust, mortgage or other, hypothecat;ion,' as a whole, to' secure an ,indebtedness. '>,' ,i', , "";'''' " (h) Time shall be of the essence of anysuch','fian~h'ise granted. . , '..' , . ~ The grantee shall not be relieved of hls obligation:tb comply promptly with any of the provisions of this prdinance by failure' of the 'City to enforce prompt comp1ianc'e., ',: -" ~;;, J t ~", ~.: " ;t'" , , (i), Any right' or',power in, or duty impressed up'on 'any officer, ,employee, department Dr board of the City shall be subject 'to transfer by the City to any, other .officer, employee;' department or board of the City. (j) The'grantee shall have no recourse whatsoever against the City for ,any loss, cost, expense or damage arising out of any provisions or, requirements of this cl:].apter or its enf()rcement. . . . . . (k)'Any such franchise granted shall not, relieve the grantee of any obligation involved in obtaining p'ole space from any depart- ment of the City, utility company:, or from others main,taining' poles in streets., (1) Any franchise.' granted hereunder shall be in lieu, of any and all other rights; privileges, powers, irnrnunities, 'and' authorities' , . ~ . . " owned, possessed, controlled, or exercisable by grantee, or by , any successor to any interest of, grantee, of or pertaining to the' construction;',ope;ration, or maintenance' of any CATV system in the City; and 'the acceptance,of any franchise hereunder- shall operate, as between gnintee and' the City, as an' abandonment' of any and all of such 'rights', p~ivi1eges, powers.. immunities; and authorities within the City, to the effect that, as between grantee and the City, any and all construction, operat:i.on and maintenance, by eny grantee of 'any CATV system in the City shall be, and shall be deemed and construed'in all instances and'respects to,be under and pursuant to s?id'franchise, and not under or pursuant to any other right, privilege, 'power, immunity, or' authority whatsoever, 'in lieu of all which is and shall be granted any 'franchise hereunder. Section 8. Rights Reserved to the ,City. (a) No franchise' granted under this ,ordinance in any way impairs or, affec tsthe right of the City to acquire the property of the ,grante~ ~y purchase or condemnation. ' , " (b) No franchise granted 'under this chap,ter shall 'ever be given" any value before any court or other public authority in any pro- ceeding of any' cha'racter in excess of. the cost,to the grantee of' the necessary publication and any other s~m paid by ,it to the City therefor at ,the time of acquisition. ' :;. -6- ' 'I "I ;1 t, :Cjr,dinance N~mber: , ~, " '-, ' ~ ~ .,,' ,. .: '1. ....:., '." -i " ., ',>;0,' . '" "'c ". (c)' rhere:is' hereby reserved to'the city every right and 'power which is required to be herein reserved or provided by any o'rdinance or resolution of the Cityj'and the gra'n'tee; by it,s 'ac:ceptance of any franchise, agrees to be bound' ih~~'eb'y and to compl,y with any action or requirement~ ',of the, City,':in .~ts exercise of such 'rights or power, "heretofore' or, hereafter', 'enacted or' established. ' : L ~ .:' - "-, " " ~ ... ,. ,,' (d) Neither 'the granting of a franch,ise hereunder nor:any of the provisions contained herein shall be tonstrued to prev,ent the City from grantin'g any identical, or similar, fr'l-nchise to 'any other' person, firm or corporation, either,within or without the desig~ 'nated area of the franchise. ' ~, ' (e) The C:i.ty'Counc'il may, do all things which are necessary and convenient in the exerciSe of its jurisdiction under this chapter and may determine any' question of fa~t which may arise during the ,existence of,any franchise issued under the provisions of ' this ordinance. " , The City Manager of the City o'f Seal Beach is hereby authorized and empowered to adjust, settle, or compromise any controversy , or charge arising ,from the "operations of any grantee under this cqapter, either on behalf of the City, the grantee, or any sub- scriber, in the best interest of the public. Either the grantee 'or any member of thepubl:Lc who may b~ dissatisfied with the ," dec,{sion of the City Manager may appeal the matter to the Cou.ncil 'for hearing and deteqnination. The Council may, accept, rej'ect' or'modify the decision of the ~ity Manager, and'the Council 'may adjust, settle or'comproinise arty controversy or .cance1J:,any charge arising from the operations of any grantee'or from any 'provisions of this oroinance. ',' , Section 9. Permits, Installation' and ~ervice;, :(a) Within thirty (30) days after acceptance 'o'f any franchise the, grantee shall, proceed with due diligence to obt;ain a1~' neces,sary permits and authorizations which are required in the, conduct of its business, including but not limited to' any utility'joint use attachment agreements', microwave carrier licenses" and, any other permits, licenses, and authorizations to be ,granted by duly con- stituted regulatory agencies having jurisdiction' over the operation of, CATV systerris, or' t;heir associated microwave transmission ' facilities. '.' " , " (b) Within ninety (90) days after obtaining all necessary permits,. licenses and authorizations, grantee shall, commence, ,constrU:~ tiop and installation of the CATV system; , . .... , , , (c) Within ope hundred eighty (180) days after 'the commencement: of constructi'on and installation of the system; grantee shall " , proceed to render 'service to subscrib'ers, an'd" th,e,tbmp1etion of ' ,the construction and' installation shall be pursued, with' reason~b'le, diligence to the end that service shall be' made available to, all, " " , , ,-7- " '" J-';v.~ :"..... ' .'./:,. "", ~,'." . , ,. ~ . '1'1 I' .''- 1 .' , Ordina'nce Number , " " '.' " , .t r; . r,r,. -,;" " , , potenti'a1 subscribers' throughout the entire such time and upon 'such' conditions as shall' ..' Cii:y Council; >.. . ..' . franchise'ar~a within be ,dete,rmined by the ,(d)' Fai1u~~ to d~ any o~ na ticm' 'of the 'fran,chise. }; the foregoing shall be g'J::9:unds, for termi-' '. . ',- , ",' (e), The City Mami'ger:may extend the time for' obt.aining necessary,' ....pemi ts and authoriz'ations and for' beginning 'construe tion ,and, , 'iri~tallatio,I? for additional periods in the event ,the gr;ntee; . ac ting 'in' gooa faith.. experierices tle'lays by' reason of c'ircuinstances ': beyond, his controL ' -, . , Section, 10; 'Location 0:[' Grantee's: Properties, (a) A~y p'CJles, wi'res, ,cable lines ..' conBuits', or other', properties of . the grantee t.o be eonstructed or ihsi::,al~ed"in ,streets" alleys or otherpublicp1ac'es" ~li.al1 be so co'rsttutte\i::or~insi:?-l).ed;,only at such locations and in such manner as 'shall be'app;roved by the Director of Public Works of the City' act:Lhg' ir(the exer~:j.se,'c.if :his, reasonable 'discretion. : \' ,~, ,,' \ , , (b) The grantee shall not install 'o~, 'erect ,any .facilitt'esor 'apparatus on public property or rights-of-way ~i'ti1ih t:he"'City, eXgept ,those installed or erected upon public utility facilities' now existing, without written apprbva1 of the pirector of Public Works of the City . ' " " (c) In those areas and 'portions' of the City where both the trans- ~. , . , . . mission and distril~u~ion facilities of the 'public, utility' providing telephone servi~e. and tho,se' of thel utility providing electric , , service, are :.underground or hereafter'may be,p1ace,d' underground, , , then the' grantee shalllikewi'se cobstruc)::, o'perate, and maintain' . - , I " ,_ , all of its transmission and distribution facilities underg~ourld. Amplifiers in' grantee'r, trai1smissibn ahdciistribution lines may' be in appropriate hOl,lsings upon thk surface~ of the ground as, ' approved by the Director ,of Public Works, of the City. Sectionl!., Removal or Abandonment of Pr'operty of Grantee. ,(a) In the,event that the use of any part of the CATV system is discontinued ,for any rea~on for a continuous period ot" , , ' J,' ' three (3) months, or in the event such system or property has been 'installed in any street, alley 'or public place wi,thout c,o,mp1yingwith ,the ,requirements ofl its franchise o~ ordinance, ,or the franchise l1as been teminated, cancelled or has expired; the grantee shall.promptly, upon bfing given thirty (30) days~ notice, remove .from the streets, aIlleys ,or public places all such property and poles of such' sy~tem other than any which the Director of Public, Works may pemit to be abandoned in such place. . - 1,_ In the event of any such removal, the, ,grantee shall promptly, ' ,restore the street, alley or other/area, fro~ whlch su~h property has been removed, to a condition satisfactory"to the Director of , Public Works. " , ,;,8- , . " ," .' -,' . Ordinance"'Number '.,." . .~. ,.. ,.r,_ ,;,- t' ,. 1, , ..' '.f .... ; ;:, ,.'. .~~ J , .... . , (B) ,Any property o'f the grantee remaining in place ninety' (90) 'days, after. the ter'mina'tion"oCthe, franchi:~e shall be considered permanently' ~" .. , ' I abandoned. , The City Manager may extend such t~me not to exceed .an ,: " additional ~~~r~:t: O~~, d?~. ; : , 1.-::" ',' . .' L, II (c) Any property of,the grantee to be abandoned ~n place shall be ,abandoned tn,~uch m~nne~ a~ the Dir~ftor of Public Works shall prescribe. " ,," Upon permanent abandonment. of"the property of the grantee in place, the ~.. property shall'become:that of the City, 'a,nd the grantee shall submit "'t,o' ,the City Council an instrument, to b~ approved by the City Attorney, " ,transferring, to', the 'City the ownership ,of, such property: :, Section 12.' . Failure to'. ,Perform' Street Work'. Upo~ failure of the grantee to, <;orririience, pursue" or ~omplet'e any 'wo,rk. required .by law or by the provisions'6f this chapter'or by.itsfranchiseto be done in any street, alley' or other public place's, with'in, the time , prescribed, and to the satisfaction of the Director 'of Public Works;" the' City Manager m;iy at' his option cause sucl1. work to be done anCl the grantee shall pay to the City the cost.thereof in the itemized amo.unts 'r,eported by the City Manager to the grantee within ten (10) days after receipt of such,itemized report.. , ",.,: " II Section 13. Surety Bonds. (a) BOND. FOR PROTEC,TION OF CITY. The grantee' sh<i'ir, 'concurrently with the filing of-an accepance of award of the franchise granted under this ,chapter; file with the City Clerk and at all times thereafter maintain in full force and effect for the term' of Sl,lCh, franchise or. renewal thereof, at 'grantee I s sole expense", a 'corporate su'rety bond in' a company approved by, and in a " form to ,be approved by ,_the City Attorney" in the amount determined , by the City' Couneil" ren'ew,able annually, and conditioned upon the , .'faithful performance ,of grantee, and upon the further condition that in the event grantee shall, fail to comply, with anyone or more of the. provisions of this ordinance or of the franchise issued to the grantee heieunder,there shall be recoverable joint1y'and severally from the principal'and surety of such bond ariy damages or loss . suffered by the City as a result thereof, including the full amount of any compensation, 'indemnification, or Co.st ,of remova10rabandpn-" , ment of any property of the grantee as prescribed hereby which may ,be in default, plus a reasonable allowance for 'attorney's fees and costs, up to the full amount of the bond, said co~dition to bea continuing obligation for the duration,of such franchise or any , . renewal thereof,..and'thereafter until the grantee has liquidated all of its obligations with'theCity that may have arisen from .the acceptance' of said franchise by' the grantee or from ,its exercise of .. any privilege iherein.granted. 'The bond shall proviqe th~t; thirty (30) days ' prior ,written not'ice of intention nqt to' 'fenew, canceb lation, or materiaL change, be given to' the' City; ',I - " " ~. ,'. ',' , ' -9;;' ...:'#. " . I I " I ~ -, ,0 " Ordinance, Number "',',. /." Nei'ther :,the provisions of this' section, nor any bond 'accepted by the City pursuant thereto, nor any damage recovered by the City thereunder,~:sha11 be 'construed to extuse faithfu~ performance by the grantee or limit the liability of the grantee under any franchise issued hereunder ,or for damii!:gl;ls, ,either to the full amount of the' bond or "otherwise. " (b) B9ND FOR PROTECTION OF SUBSCRIBERS. The grantee shall, con- curre~t1ywith the ,filing of an acceptance' of a franchise, granted under ,this ordinance, fi1e'with the City Clerk and shall thereafter during the entire term of such franchise maintain ,in' full force, 'and ~~fect a corporate surety bond or other adequate 'surety agree- ment in a ~orm approved by the 'City Attorney in an amou~t determined by the City Council, conditioned that in the event such grantee shall fail to,comply'wit~ any provision of this 'o~dinance, term or conditio~ of its franchise, or any provision of any agreement or undertaking made between grantee and any subscriber; ,then there shil11 'be recoverable jointly and severally from the principal and surety;and damages'or costs suffered or incurred by any'subscriber as a result ther'eof', including reasonable attorney's fees and costs of 'any action or proceeding; and said condition shall be a continuing obligation during the'entire term of, such francliise and thereafter und.l gra1it~ej:shal1,have satisfied in full any and all obligations to any,~ubscriber wn~ch,arise outof'or pertain to any such agree- ment or undertaking. . Section i4. Indemnification of'the City. '(il) ::the grantee shall; at all times during the existence of any franchise iss1.led hereunder, maintain in..full force and effect, fUl;nish'to the City, and file with, the City Cler~, at'its own cost and expense,' a gen~ra1 comprehensive liabi1ity'insurance policy, in protection of'the City, its officers, boards, commissions, agents and'emp10yees;'in a company approved by the CitY,Manager and,in a form 'satisfactory to the City Manager, protectin'g the' City and all persons against liability for' ,loss;'or damage ,for personal injury, ,death 11-nd.,;,property damage~ occasioned by the operation, of 'grantee under '~uch franchise, ,with ,minimum combined single 1imits:of liability coverage in the amount determined by the. CitY Council, for personal injury or death of any person, or damag'e ',to property resulting from any occ,urrence. ':' . .- , , , , ," (b) The policies mentioned in th~foregoing par~graph shall' n~me' the City, its ,officers, boards, commissions, agents ,and 'employees, 'as additional insure~'and shall contain a provision ,that a written notice'of any cancellation, modification or reduction in coverage of said, polic1f sh:itit':bedelive'red ",to 'the City Clerk thirty (30) days in advance of' the, effective dat:,E! thereof; if such insurance , is, provided in 'ei;tqer ,c;:~seby 11 po'1icy which also covers grantee or any other, entity or, person other than, those, above n.ilIDed, then such policy shall ,cqntain the standard c'ross-liabi1ityendorsement. .' ."'j".':':,~ 1-'~~.:~:;'! ~ "',~ ~ .,.,. .;' . - . t', ., .," ,', -10- , . .. " '. , , " , " I', , ' 'I r :.' . I ,,' ", . , , , , Ordinance .Number' ,", J ,. .;- , , , ' ,~ . :. ..~ , ;i. .,-, '. ~ '" 'e' .' '>', .~ .. ~ :',' l' " :.'I~ " "'p.-' -~. " . \.~ " . ';- ~;'- ,,' " . " ,.,' " " , , " .' under this' ordinance sha11be effec tive'" the foregoing policies' of insurance as has been dellvered to the City Clerk:', (c) No:fra:richtse granted unless and until'each of required in 'this section , .'cy ,,< - , , . ". ,Section 15., Inspection of Property' and 'Records. '(a), At <all reasonable ,.time~, the grantee shall p'ermit any duly authorized'representative of the City to examine all property 'of the grantee, together'with any appurtenant proper,tyof the' "grantee situated ,within or without the City,' ,and to .'examine and transcribe any and' all maps :,and other'l?ecords kept o'r, maintained, by the grantee ,or under its control which deal with the operations, affairs, transactions or p~operty of the grantee with respect' " thereto. ,If any of such maps or records are not,kept. in the City, or upon reasonable reques~ mad~ avai~a~te, ifr,the;~~ty; apd'if the , " : City Manager shall determine that an ,examination' thereof is , 'necessary or appropriate, .then all travel and mainte~ance expense "'necessarlly incurred ,in' making such"examination shaLl b:e",p!lid by' , hi. , ,,,'\ ". , . t e g;ante~. ,,' ,I ..1, 1.;"., 1~ .' I: ....,.. ....:.,.)" ',' , ' (0) The grant:e~ shall p~epare ap.d, fin:~ni"\lq: tqt:4e,:C;i.ty;.~anager , and/or his aut40rized agent at the times and in, the'form prescribed . .by either, of sai!i officers, such reports with respect to its ,operations, affairs, transactions or property~ as may be reason~ 'ably'uecessary or appropriate 'to the performance of any,of the rights, fun6tions or duties of the City or any of;its'officers in connec tiqn' wi th,. the, franchis e; " , , (c), The grantee shall; ,at 'all times,' make and, keep .in the City full and 'comp1et~,plans and records showing the exact location' of !ill CATV system equipment installed orin,usein streets, , alleys and public places in, the City. The grantee .shall file with 'the Director of Public Works, on or b~fore the last day in Mar~h, of each year, a current set of maps drawn to, scale,showing all, CATV ,system equipment installed and in place::in,str~'ets', alleys"and other public places of the City during the previous year. " Section 16. Operatioria1'Standards. The CATV system shall be'installed and maintained' in :accordance with the highest' and best ac'cepted standards of the industry to the~ffect that,;. ,'.subscribers shall receive the highest possible service. ,'Th'e:,\:, following minimum standards shall be required: ~ ' ' , (ci) The system'shal~be installed using, all bandeq~ipment' ~apab1e of passing the entire VHF and FMspectrUm, and it 'shall have the fur'ther capability ,of'converting UHF' for distribution to subscribers on the VHF band.' '. . ." (b) The system~ as install~d, shall be.:capab1e'~f:~assing<:stai:J.d~rd color TV' signa:1s wii:h~ut;the introduction of material' degradation , on color fidelity and intelligence., ' ' . , . " . , " . , " -11- " , " ' ,~ ,; , , ,I, " I I, ,'': , Ordinance ',Number ..' '....:' ,.' ..' ~ "~-'. . , " ';If .;<< .. .'! ,-, ~, ~. :'i.' -::. ,~ v; . "',- ': . , . ,':,. i ~'. '; : j ";" ~ ...,. ;:0.. ,. '" ", ',- (6), The systein'andall equipment shall be designed and, rated for 24-hour per day continuous operation. (d)' The systemshall,p:r;ovide a signa1'levei,~f 2000~,microv'01ts at the input termiria1s of each TV receiver. (e) The systemsigna1~to-noise rate shall be not less than 46 decibles. o ,,' ,(f) Hum modu1a,tion of 'perc,en~ (5/;). , ~ .., " the picture signal sha:J.l be less' than 'five, (g) The system shall use .components' having' a VSWR of,,1.4 or less. .', ' , , Section herein provided to City Clerk. , .. 17. Miscellaneous Provisions. be: 'filed with the City shall be (a)' All matters filed with the , , ' (b) The rate s~~edule for any connection fee or monthly service , ',' charge,' or, change thereto, to subscribers mu'st have written , 'approval of ,the City Council. " ,,(c) The grant~e' must :pay to the City a sum of mOl';'ey sufficient to reimburse it,for exp~nses incurred by it in pubiishing legal notice and'ordinances in cpnnection with the, granting of a franchise purs)lant to the provisions 'of ,this ordinance; such payment to be made within thirty (30) days after the City shall furnish such grantee with a written statement of :such expense. '(d) The grantee 'shall maintain a toU'free t~l~phone'number within the City of Seal Beach' so that CATV main~enance service :shall be promptly available to' subscribers.' . , ',~. " ' . ' . - , ,'(e) No person" 'firm or 'corporation in the existing, serVice area of grantee shall be arbitrarily refused service;pro~ided, however, that grantee, shall not be required to provide service to, any subscriber who does not, pay the applicable connection fee or the . ,,' applicable monthly service charge. (f)rheCity'Cciun~il'may, up~n findi~g that extraordinary circum- ,stances applyfngto the land, buildings or' CATV system do exist, waive any or 'all of the requirements of this chapter. (g) Any CATV system existing in the City prior to' ~he adoption of this ordinance shall~ within sixty (60)' days after the effective date of this ordiriance make application 'for a franchise. Said system may continue its existing operations, but may not enlarge or expand same without firs~ securing a franchise from the City. , , (h) Grantee shall, without charge, provide all substriber services of its system to ,all public school buildings, City police and fire stations, City recreation,centers and suc~ other~ui1dings owned' or controlled by the City as the City Manager shall designate. Such service shall consist of a drop connection to the exterior of the building 9rproperty involved, and a co~necticin',to t,)1.~' ~ii~erior of the building or property to a, television set if desired; ,', , ; :,1. ., " .. .t ';..12"- ./, . '. ~ I I I Ordinance Number ".\ " . -: " . ' ~. '.., ,> 't. I: "' :. ....,; C,' , , -j. ~, ,'.;. H (b) PROCEDURE FOR ADOPTING RULES AND REGULATIONS. The City ,CclUncil may adopt rules or regulations or ame1;ld, 'modify,. delete or otherwise change such rules and regulations previously adopted; , in the following ,manner: ,'1. 'the City C01,1ncil shall pass a resolution of intention describing the' rules or regulations to be adopted, a,mended, modified, deleted or otherwise changed and set a day, hour and'place ~or public hearing. Such resolution shall direct the City Clerk to publish the same at' least once within fiftee~ (15) days of the passage thereof. '. , 2. The City Clerk shall cause such resolution to be posted or published' at least once in the official newspaper of the City 'and shall cause a ,copy of 'same to be 'mailed 'or, delivered to any , grantee not l~ss than ten (10) days prior to'the ,time fixed for hearing thereon. ' ' ' 3. At the time for'pub1ic hearing or at any adjournment thereof, the City Council' shall proc'eed to hear and pass upon such evidence, :comments and qbjecti~ns'as maybe presented.' Thereafter, the City Council, by its resolution, may adopt,~mend"modify,delete, or otherwise change said rUtes and :regulations. ,. Section 19. 'Application ,for Franchise. ':Application for franchise hereunder shall be filed with the City Clerk in a 'form approved by the City and shall'contain~he following information: (a) The name , and address of applica~t. (b) A general' description of, applicant I s 'prop'o~ed' CATV 9peration,;, including a t~ntative map of' areas to be served.' ' . . . ",',,1,.:. ',' ~". . _ (c) A statement or schedule in a fo'rm 'a:PPl!o~edfhY 't~~ City of ,proposed rates and charges to'subscribers for ,installation and services, and a ,'copy of propo,sed ,service 'agreement 'b'etwe,en the grantee and its' substribers shall accompany,the':'application. . . - .'. . ..[ . . - ,~ . . .... '. . (d) Acopy,of any contract 'or permit, if existing", ',between the applicant and any public utility providing'for the use of facilities qf such publ~c ut::ility, such,as poles, J,ines,or conduits. -13- " '-', I I, I ':. .,1.',' ,.,\: . 'Ordinance' Number: ,'c.-(._",.' ',' . ~ ,~:\ .i:>,- ,. .' " , ',~ .' . ~ "-'. (.. , , , -." ." .. , , .' '" " , . '" , (e) A statement :of the organization of applicant, ',including ,the' ,sames and addresses of its officers, directors and associates,,' and also including the , names of supsidiary compa~ies with a 1isting,of other areas being served by CATV.qr similar systems. , If a franchise is granted to a person, 'firm;' group or corporation' .posing as a front or representative for'anotlier person, firm; 'group, or corporation, and such information is'notdisc10sed in the original ,application, such franchise maybe revoked by the City'Council.' ';, <. , , (f) Applicant shall also furnish a financial. sta'tement as to .the company's or corporation's financial ability to complete insta1- .lation and operation of the CATV system.' ' .. (g) Upo~ consideration of any such application, the City. Council may grant a franchise for CATV to'such applicant as, may appear from said application to be in its opinion qualifi~d,to tender 'proper and efficient CATV service to', television , viewers and ,'" subscribers in the City. If favorably considered, 'the application, . submitted ,shall constitute and forma part of 'the franchise as " granted. " .' (h) 'Prior to the', gr~nting of a franchise pursuant to this' chapter, the Council shall'pass a resolution declaring its intention to grant the same, stating the name of the proposed'grantee, th~ character of the franchise and the terms and conditions upon which .it, is proposed to be granted. Such resolution shall fix an4 set ,'forth the day, hour and place when and where any persons having any interest therein or any object.:i!on to the granting thereof may' , appear before the Council and ,be heard. thereon. It shall direct ' , the City Clerk to post orpublish(;said resolution at 'le,ast ohce v,'," ,within fifteen (15) days of the passage thereof.in the official newspaper. 'Said notice shall be. posted .or published at least ,ten (Hi) days prior to the 'date of, hearing.> At the"tfmeset for' the hearing the Council shall proceed to hear and pass upon all prptests 'and its decision thereon shall oe'final ahd conclusive.' Thereafter it may by ordinanCe grant the francp.ise oil ,the > 'teinis ~nd conditions specified in the resolution of' intention'to grant same, subject to the right 'of referendum of the people, 'or: 'it may "d!,!nythe same. If the Council shall determine that changes should be' made' in the, terms and conditions upon which. the franchise is' proposed to be granted, a new resolution 'of intention shall be adopted and like proceedings, had thereon. ','(i) Any franchise issued pursuant to this chapter pha11'inc1ude the following conditions: The CATV sys~em franchise herein shall be USed and operated solely and exclusively for the purpose expressly authorized by ordinance of the City of,'Seai Beach" 'and no other purpos~ whatsoever.., The inclusion of the' foregoing statement in any such franchise shall not be deemed to limit the. authority of the " City ,to inc,lude any other reasonable condition, limitation or restriction which it may ,deem necessary to impose in connection with suchfra~chise'pursuant "to the ,authority. conferreq by' this ordinance., -14- ". Ordinance Number ." " "j ~ . ..' I I, I " '-'.' ",,;l 'c. , ~, , .. ',' "' ~" .. I. .. " I i ; " ' , ,,'; . ~. .-t. "~" .'J ,.- . ,.~ '~\"J ;;1 ,- " ~ . .1 , Section 20. APp1i~ltion Fee.' Each application shall be accompanied ,by an applicati9n fee in the sum of one Thousa~d Dollars ($1;000.00), which shall be used by the City to cover: the costs of studying, investigating and processing such,appli- . cation., ' ' Section 21., Effect! of Amlexations. '(a) In the event ,any new territory shall be ann~xed to' the City,whi,"h is .contiguous ,to only one franchise ,area in the City, such new' territo;,y, shall, become, by operation of law, ai part of said franchise area immediately upon the completion of such annexation; , I , (b) In the event' any new territory shall become annexed to'the . , City'which is contiguous to more than one franchise area in the City or is' not contiguous to any franchise, area; then 'the-:"City, Council shaJ,l determine which grantee or grantees' shall serve' . such new territory. ! ' " .. I . (c) Whenever any portion of un~ncorp'orated terri,tory, which is, covered by an existing franchise granted by the County of Orange, is ,annexed to 'the City, the rights reserved under: said franchise to the County of Orange or to ~ny o~ficer thereo~sha11,inure to the benefit of the City ,of Seat Beach. '" " - Section 22. Effectiof Preemption. In the event the' Federal Communications Commission or the Public Utilities Commission of the State of California or 1ny other federai or state body or agency s~al1now or hereafter ~xercise any paramount Jurisdiction' over t,he subj ect matter of any i fral}chise here~nder, t,hen to the extent such jurisdiction shall':preempt'or preclude ;the'exercise of. like jurisdiction by the City, i the jurisdiction of the City shalt, . - ',"to' the extent so, preempted or precluded"cease':'8;ud me;', lpriger exist; provided, however:, that the' pr~emptiori.orpretlus;ion.'.'1.Of the exercise by ,the City of, any, of its polite power shall not diminish, impair; alter, or affect 'any contractu?l ,b,enefit"to the',CitY'rlor>any con- ~. - j ,-, '. . tractual obligation of the grantee under any: franchise issued " hereunder; arid in'this respecq any and all minimum standards' . governing the operation of grantee and any and all maximum rates, , ratios, and charges specified herein or in any franchise issued hereunder, existing now and at:any,tiIl!e in t;he', future, including 'such time as any, paramount jurisdiction shall preempt or preclude' that of the City; and any and all rights, power~, privileges, and authorities of the City to det~rmine,:,establish,- or fix any of, I " - . "0' . the same, are each and all her~by declared by the, City and by any grantee, accepting any franchise hereunder'to be'contractua1 in ' nature and to be "for the benefit 'of the City and all subscribers situated therein, and the agre~ment ,of grantee.'to accept and' , conform to such standards, ,rat~s, ratios, .and charges is 'hereby "., declared by the City'and by any grantee ,atcepting any franchise ' " hereunder to be of the most material arid essential c'onsideration for the granting of such franchise, in the absence of'which'- in .,whole or' in part; the' City would not ,grant s~ch ,franchise. :', , " " , , , " , , i I 1-15- " " " ; 'I" I I " ':,,- ..... I;' Ordinance' Number .' ,.'", I. I V I I I , .. ' , 4:" " ' I,,' ". .,,\:,' u~ 01 1 ~:'". -~., . ')i< ~ ~l , ~) , '. ' '. " 'Section 23. Franchise Renewal. Any fran~hise gr~nted under this chapter is renewabl~ at the app1ication,of the grantee, its lawful successors or, assignee for such period,of time,as the Council and the applicant may agree upon by negotiation. , i I I Section 24. Violations. (a) It shall be urilawfu1 for any ,person" firm or ~orporation to make any unauthorized connection in physical contact with any pltrt of a franchised CATV system within this City for the purpose of taking or receiving or enabling himself or others to receive a:6Y'television signals, rad:Lo,)signa1s, pictures, programs,: or sound. i ' (b) It shall be unlawful for a~y person,' without the consent of .the, ,owner, to wilfully tamper with) remove'orinj~re any cables, ,wires or equipment used' for distribution, of 'television signals" radio signals, pictures, programs ,or i sound. .. (c) From arid after the effecti~~ date of'this ordinance,' it sha1i be unlawful for anY,person to consi:ruct,:~,insta11 or maintain 'within any public ,street in th~ City or within any other public property of the City or within [any privately ,owned area within the City which has ,not yet become a public street but is designated or de1ineated"as a proposed pU*lic street. on any, tentat,ive subdivision map'approved by the City any equ:lpment or facilities for distributing any television signals or radio s,igna1s through a CATV system unless a franchise authorizing such uJe of such street or'property or area ,I has ,first been obtainedpursuarit to the provisions of this ordinance and unless such franchise is irt full force and effect. 'I ' " i, ." . Section 25. SEVERA~lLITY.. .If any'section, subsection, sentence, clause, phrase, or pqrtion o~ the'ordinance, or the, applica'tion thereof tb any person, firm, corporation or, circumstance, is for'any reason held to be i~va1id or unconstitutional by the decision bf any court of compe~ent jurisdiction, such decision shall not affect 'the validity of, the remaining portions of this ordinance. The Council of theiCity of Seal Beach hereby declares , that it would haye adopted this ordinance and each section, subsection, sentence, clause, phrase, or po~tion, ther~ofirrespective of the fact that anyone or more section~,;, 'subsecti9nS,: sentences, clauses, phrase;"or portions ,b~ decla~ed invalid. or unconstitutional. -. ,1', '\. '\ ",. ,. . ,t" \' ~" ~ , Section 26. The Ci~yC1~rk shaH cer't:Lfy' to th~ passage 'and adoption of this ordinance land shall cause the same to be posted. I, ,', ,: " , ", I,," :' I ", ';,' l' .:f" ~ PASSED, APPROVED, Am; ADOPTkDT~I~ /51-' day of /#Pk;I , 'I I~rcr:' (/ " ' , o{t~6 '~,.;.;..dA~~ i ' Mayor ' 1967. ATTEST: ~c); ~;k~ City Clerk I I I 'I , , , , ." ,r " '. ,r.' . "r .~, ,: ..'-': ~. , I -16- , :' I, I . 1 ,I ,I' ,Ordina~ce Number '.' '. ~.-~: ' ~" .~, f 'r;. -.:-, ~.. ;,..'''' ~... (f.-; -,:'J '. '~;' ,., ~~ " , , ' ~: ~.: : '~",.~f:" : /l",. . ',. ....... .. .,' ,,~' -f>. " ~. ," (~, ,-, STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SEAL BEACH ) ) SE; ) ", '. .' I, F. W. Hickman, City Clerk of the:City of Seal Beach 'and ' ex-officio clerk of the 'City Council, do, her'eby 'cer.tif'y to the': passage' and adoption .of' the foregoing ordinanc,e'of the 'City Council at a, regular meeting thereof held on the" jS' day , ",:6f '1"1.-~' ", ': ,,1967, by the following vote: ',', ,',",' "AYES:' ,(i councilmen;;hlk-uL~~~~tfl!:ctjt~~ '~tt!/, . . ~ -" . ," , , '. .,. , Councilmen ~~. ~"I':,':' " , '4",: 'i.~' \ /;;' ///',.\,/.:<;,' ,,' , , ",.,. ~c;/~t-U~ " City, Clerk " NOES: ' ABSENT: Councilmen, .. ~f ',;~ \ ", '. , ~~- , . ',. ~"' , , ..' . '. ",,- , " , . ~ '. " ;' ',. '-,. ',- " . ";',', .:~,~,". . ~";'-' ,I <~':'. r , , .;' ., - '~''- -~ < ~. I " _~ , .,' I "'! , . ~~ ..'. z. .,,' ",' " " '. ~ 'I, . " , . :1 ..... " , , " 'J, . , , " ',' ;.. " ' ,.:\': " \ ~. >:. , -17- .....::...., .."