HomeMy WebLinkAboutORD 0970 (1986)1 ORDINANCE NO. 970
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING THE FRANCHISE FOR
3 A CABLE TELEVISION SYSTEM GRANTED TO COMMUNITY
CABLEVISION COMPANY
4
5 The City Council of the City of Tustin, California, hereby
ordains as follows:
6
WHEREAS, Ordinance No. 597 adopted by the City Council of
7 the City of Tustin on August 20, 1973, granted a non-exclusive
cable television franchise to Community Cablevision Company
8 (hereinafter "Community Cablevision" or "Franchisee"), a wholly-
owned subsidiary of The Irvine Company, a Michigan corporation; and
9
WHEREAS, the City Council wishes to grant a cable television
10 franchise in that area of the City described in Exhibit "A" hereto
(hereinafter the "East Tustin Area"); and
11
WHEREAS, pursuant to the provisions of Tustin City Code
12 Section 7415(c)(3), the City Council has determined, based on
quality of service proposed, experience, character, background and
13 financial responsibility, its management and owners, technical and
performance quality of equipment, and other considerations, that
14 the franchise for the East Tustin Area be granted to Community
Cablevision Company in accordance with the terms provided for
15 herein; and
16 WHEREAS, the City of Tustin and Franchisee agree that it is
in their mutual best interests to incorporate the existing
17 franchise granted to Community Cablevision with the franchise
herein granted for the East Tustin Area.
18
1. Authority for Franchise. This Agreement is enacted
19 pursuant to the authority~ provided in, and all of the provisions,
terms and conditions of Article 7, Chapter 4 of the Tustin City
20 Code, Sections 7410 et ~eq.
21 2. ~rant ..Qf Franchise. Pursuant to the provisions of
Article 7, Chapter 4 of the Tustin City Code, the City Council of
22 the City of Tustin hereby grants a non-exclusive franchise
("Franchise") to Franchisee to construct, operate and maintain a
23 cable television system within those portions of the incorporated
limits of the City of Tustin (sometimes referred to herein as
24 "City") described in said Ordinance No. 597 and described in
Exhibit "A" hereto, subject to the terms and conditions of (a) said
25 Article 7, Chapter 4; and (b) the terms and conditions provided
herein. As of the effective date hereof, this Franchise shall
26 supersede and cancel in its entirety the existing Franchise granted
pursuant to said Ordinance No. 597, it being the intent of the
27 parties that the parties' agreements respecting cable television
service to the City of Tustin be merged and consolidated in this
28 Franchise.
1
1
3. ...Term of Franchise. The term of this Franchise shall be
2 for a period of fifteen (15) years, commencing on the effective
date of this Ordinance, as provided in Section 31 hereof, subject
3 to termination of the Franchise granted by this Ordinance as
hereinafter provided.
4
4. .Assignment or Transfer of Franchise. The Franchise
5 granted herein shall be a privilege to be held in' personal trust by
Community Cablevision. It cannot, in any event, be sold,
6 transferred, leased, assigned or disposed of in whole or in part,
either by forced or involuntary sale, or by voluntary sale, merger,
7 consolidation or otherwise, without prior consent of the City
Council of the City of Tustin expressed by Resolution, and then
8 only under such conditions as may therein be prescribed. Any such
transfer or assignment shall be made only by an instrument in
9 writing, such as a bill of sale, or similar document, duly executed
copy of which shall be filed in the Office of the City Clerk within
10 thirty (30) days after any such transfer or assignment. Any
proposed assignee must show responsibility and capability as
11 determined by the City Council and must agree to comply with all
provisions of the Franchise and Tustin City Code, and, provided,
12 further, that no such consent shall be required for transfer in
trust, mortgage or other hypothecation, in whole or in part, to
13 secure an indebtedness. Such consent shall not be withheld
unreasonably.
14
5. Rates. Franchisee shall impose rates consistent with
15 the provisions of the Cable Communications Policy Act of 1984, and
pertinent provisions of the California Government Code, any
16 supplements or amendments thereto, any successor legislation, and
the regulations which are or will be promulgated under such
17 legislation.
18 Franchisee shall advise City of its rates and of any changes
thereto as soon as such rates or changes are established.
19
6. Definition .Qf ..GrOss Revenues. "Gross Revenues" shall
20 mean all cash, credits, property of any kind or nature or other
consideration derived directly or indirectly by the Franchisee, its
21 affiliates, subsidiaries, and any other person or entity in which
Franchisee has a financial interest or which has a financial
22 interest in the Franchisee, arising from or attributable to
operation of the cable television system in City, as its corporate
23 city limits now, and/or hereafter may be constituted, including,
but not limited to:
24
a. Revenue from the subscriber network and
25 institutional network (including Leased Access
fees paid to the Franchisee by the lessee of
26 channel space).
27 b. Adv er ti sing r ev enue s.
28 c. Revenue from the use of studio facilities,
1 production equipment and personnel.
2 d. Revenue from installation, connection and
reinstatement and the provision of subscriber and
3 other services.
4 e. The sale, exchange or cablecast of any programming
-developed for Community Use or institutional
5 users.
6 f. Payments to Community Cablevision for allowing
other cable operators to connect to the cable
system that Community Cablevision operates in
7 City.
8
"Gross Revenues" shall not include:
9
a. Any taxes on services furnished by the Franchisee
10 which are imposed directly upon any subscriber or
user by the United States, State of California or
11 local agency and collected by the Franchisee on
behalf of the government.
12
b. Revenue received directly from the Franchisee by
13 an affiliate, subsidiary or parent of the
Franchisee or any other person or entity in which
14 the Franchisee has a financial interest or which
has a financial interest in the Franchisee, when
15 the revenue received has already-been included and
reported Gross Revenue as received by the
16 Franchi see.
17 7. Franchise Fees. For the use of the City streets and
for the purposes of providing revenue with which to defray the cost
18 of regulation arising out of issuance of the Franchise and
promoting, assisting and financing Community Use Programming and
19 other cable services of a public character, Franchisee shall pay
franchise fees to City of five percent (5%) ~of Gross Revenues.
20
The streets and other public rights-of-way to be used by
21 Franchisee in the operation of its system within the boundaries of
the City are valuable public properties acquired and maintained by
22 the City at great expense to its taxpayers, and the grant to the
Franchisee of consent to use such streets and other public rights-
23 of-way is a valuable property right without which the Franchisee
would be required to invest substantial additional capital.
24 Furthermore, the City will incur costs in administering the
Franchise in the public interest. Thus, in consideration of the
25 granting and exercising of a Franchise to use the streets and other
public rights-of-way as herein defined, for the operation of a
26 cable television system, and to reimburse City for costs incurred
in administering this Franchise granted pursuant to this Ordinance,
27 the Franchisee shall pay the City the fees provided in this
0 r di na nce.
28
1 Said fees shall be paid quarterly not later than June 1,
September 1, December 1 and March 1 for the preceding three (3)
2 month period ending, respectively, March 31, June 30, September 30
and December 31. Not later than March 1, the Franchisee shall file
3 with the City Clerk of the City of Tustin an annual audit report by
a Certified Public Accountant approved by City, of the operations
4 of Franchisee which identifies in detail the sources and amounts of
all Gross Revenues received by the Franchisee from all sources,
5 both inside and outside City. On the date of payment other than
March 1, Franchisee shall file an unaudited report which identifies
6 all Gross Revenues during the period for which payment is made.
7 It is the intent of the City to utilize substantial
amounts or all of the franchise fees imposed hereunder to defray
8 the cost of local administration of the Franchise, to support the
development and maximum utilization of all community service and
9 government access channels and to generally encourage development
and use of the cable system to full utilization of its potential.
10
No acceptance of any payment shall be construed as an
11 accord that the amount paid is, in fact, the correct amount, nor
shall such acceptance of payment be construed as a release of any
12 claim which the City may have for further additional sums payable
under the provisions of the Franchise.
13
8. Reimbursement of City .EXpenses. The Franchisee shall
14 pay to City an amount equal to the legal expenses incurred by the
City in preparing, revising, negotiating and enacting this
15 Ordinance and matters directly related thereto. The City shall
prepare a statement aggregating such cost and send such statement
16 to the Franchisee. In no event, however, shall such aggregate
amount exceed One Thousand Five Hundred Dollars ($1,500.00). The
17 Franchisee shall pay the amount of such statement to the City
within thirty (30) days thereafter. The purpose of this Section is
18 to reimburse City for the expenses incurred by City in preparing
and enacting this Ordinance.
19
9. Future Laws. City does not have or expect in the
20 foreseeable future to receive sufficient funds with which to defray
the costs of administering and regulating the cable television
21 franchise within the City. The ability to finance such costs
through franchise fees, pursuant to the provisions of Section 7
22 above, constitutes a material inducement to initiate a cable
television program within the East Tustin Area and to extend the
23 existing Franchise, because City would not be willing to reduce or
eliminate other public programs in order to make public funds
24 available with which to defray the cost of administering and
regulating the cable television program.
25
Therefore, should any future law or regulation limit or
26 prevent City from imposing a franchise fee in the amount provided
for herein, the Franchisee shall make a good faith effort to obtain
27 any possible waiver or permission to pay the full amounts provided
for herein, and to the extent such future law or regulation permits
28 the Franchisee discretion to make the limitation or prohibition
4
1 applicable or inapplicable, the Franchisee shall elect to make the
limitation or prohibition inapplicable. If, as a result of any
2 acts of the Federal Communications Commission, the United States
Congress, any state or federal court, or any other entity lawfully
3 asserting jurisdiction for the regulation of cable communication
systems, any provision or provisions of this Franchise as is
4 modified, amended, revoked, redeemed, or changed to result in what
constitutes, in the view of either party to this Agreement,
5 material changes in the provisions and circumstances of the
Franchise, the parties shall diligently pursue, in good faith, a
6 reasonable means to preserve the intentions of the parties as
expressed in this Agreement. Should the parties be unable, within
7 a reasonable time, after conducting negotiations in good faith to
preserve said intentions, or, within a reasonable time, after
8 conducting negotiations in good faith, should the parties be unable
to agree on modifications to the language of this Agreement, if
9 any, City may elect to treat such failure as a cause for revocation
of the Franchise.
10
10. Limitation Qf .Uses. The cable television system
11 herein franchised shall be used exclusively for the purposes
expressly authorized by Article 7, Chapter 4 of the Tustin City
12 Code and no other purpose whatsoever.
13 11. Establishment and ExtenSion ~ ~. Upon the
effective date of this Ordinance, Franchisee shall diligently
14 proceed or continue to proceed to obtain all necessary permits and
authorizations necessary to construct and operate cable television
15 service and shall forthwith proceed or continue to proceed with
construction and installation of the cable television system within
16 the East Tustin Area, as specified and described in this Ordinance
and Article VII, Chapter 4 of the Tustin City Code and approved by
17 the City of Tustin. The parties agree that Franchisee shall be in
full compliance with this provision so long as all, or
18 substantially all, of the occupied residential units in the East
Tustin Area have access to the cable television system so
19 constructed and installed by Franchisee.
20 12. Acceptance of Franchise. Within thirty (30) days
after the effective date of this Ordinance, Franchisee shall file
21 with City its written, unconditional, non-contingent acceptance of
the Franchise granted by this Ordinance and its agreement to be
22 bound by and comply with all the requirements hereof. The
acceptance shall be signed by a person duly authorized to act on
23 behalf of the Franchisee, shall be notarized and shall have
attached thereto a certified copy of an order by the Board of
24 Directors of the Franchisee authorizing and directing execution and
filing of the acceptance. An acceptance which constitutes a
25 qualified acceptance or places other limits or conditions therein
shall be deemed to be a nullity. Upon the failure of the
26 Franchisee to file its unconditional, non-contingent acceptance of
the Franchise subject to all its terms and conditions within the
27 time period specified above, the Franchise shall be of no further
force or effect and there will not be issued an outstanding cable
28 television franchise in City to any of the companies or entities
5
1 named in this Ordinance. Franchisee shall furnish and maintain all
bonds and insurance policies required to be furnished pursuant to
2 the Tustin City Code and this Franchise.
3 13. Bonds. Upon the adoption of this Ordinance and the
Acceptance of the Franchise by Franchisee as hereinabove provided,
4 and in addition to satisfying all other requirements of the Tustin
City Code, Franchisee shall deposit in a bank or savings and loan
5 association in City the sum of One Hundred Thousand Dollars
($100,000.00) in a joint account in the names of Franchisee and
6 City or shall file with the City Clerk and maintain in full force
and effect a bond, approved by the City Attorney, in an equivalent
7 amount. The passbook, certificate of deposit or surety bond shall
be delivered to and held by City. The cash deposit sum, or the
8 corporate surety bond shall be maintained during the period of
construction of the cable television system within City as
9 prescribed by this Ordinance. Upon full and final completion of
the cable television system as prescribed in this Ordinance within
10 the times prescribed in the Franchise, City shall deliver the said
passbook, certificate of deposit or surety bond to Franchisee and
11 execute any appropriate document releasing City's interest and
rights therein to Franchisee. This release shall be contingent
12 upon the full and faithful performance of the Franchisee of its
obligations under this Ordinance. In the event that Franchisee
13 shall fail to comply with any one or more of the provisions of the
Franchise, there shall be recoverable from the aforesaid sum or
14 bond any and all damages or loss suffered by City as a result
thereof, including, but not limited to, the full amount of any
15 compensation, idemnification, cost of removal of abandoned
property, staff costs in attempting to secure compliance, plus a
16 reasonable allowance for attorneys' fees and costs, up to the full
amount of the aforesaid deposit. Relinquishment of City's
17 interests and rights in the aforesaid deposit shall also be
conditioned upon the deposit with City of a performance bond as
18 provided in the following paragraph.
19 Prior to relinquishment by City of any of its interests and
rights in the deposit described in the preceding paragraph,
20 Franchisee shall file with the City Clerk and shall thereafter,
annually, during the entire term of the Franchise, maintain in full
21 force and effect a corporate surety bond or other adequate surety
agreement approved by the City Attorney in the amount of Fifty
22 Thousand Dollars ($50,000.00). The bond or agreement shall be so
conditioned that in the event the Franchisee shall fail to comply
23 with any one or more of the provisions of the Tustin City Code or
of the Franchise granted to Franchisee, then there shall be
24 recoverable jointly and severally from the principal and surety,
any damages or loss, or costs suffered or incurred by the City as a
25 result thereof, including attorneys' fees and costs of any action
or proceeding, and including the full amount of any compensation,
26 indemnification, costs of removal or abandonment of any property or
other costs which may be in default, up to the full principal
27 amount of such bond. Said condition shall be a continuing
obligation during the entire term of the Franchise and thereafter
28 until Franchisee shall have satisfied in full any and all
1 obligations to City which shall arise out of or pertain to said
Fr an chi s e.
2
14. ~ommunit_v Use.
3
A. The Franchisee shall provide Community Use channels
4 and Community Use programming in order to permit the community to
design, produce and present programming of local interest and
5 promote the educational, recreational and character building
opportunities of the viewing public.
6
B. To meet its obligations under this Section 14, the
7 Franchisee's obligations shall include the following:
8 Franchisee shall initially provide three (3) channels for
municipal, educational, public access and local
9 origination purposes to be utilized on a time-shared
basis by the City and other Cities served by the cable
10 television system operated by the Franchisee. In order
that the City and others may utilize the educational and
11 municipal channels, the Franchisee will provide video and
such other equipment and personnel services as
12 Franchisee, in its sole discretion, deems necessary to
broadcast on said channels, at Franchisee's cost. The
13 sale of commercial time on said channels is allowed' to
offset Franchisee's costs of operation, and the
14 management of program scheduling, and unused channel
capacity shall be the responsibility of Franchisee;
15 provided, however, that neither such sale nor such
management shall unduly limit City's use of such
16 channel s.
17 Use of these channels will be governed by the rules
established in the community access programming and
18 production guide (Exhibit "B"), which are subject to
change at the sole discretion of Community Cablevision.
19
15. Level of ..Service. Franchisee shall use its best
20 efforts to maintain, operate, and, where feasible, modify the CATV
System towards the goal that its performance will be in accordance
21 with the highest and best accepted standards of the industry.
22 16. Bi-Directiona~ Interconnect Capability. The system to
be installed by Franchisee shall have bi-directional interconnect
23 capabilities within the East Tustin Area. New schools and City
facilities elsewhere in Franchisee's service area within City shall
24 be interconnected when it is technically and financially feasible
to do so at no cost to City, so long as said schools and facilities
25 are within fifty (50) feet of an existing access point. All
equipment and staff required to access the system from the
26 facilities will not be the responsibility of Community Cablevision.
27 17. Subscriber .Service a~d Complaint .procedures. The
Franchisee will maintain sufficient service personnel and equipment
28 for the Franchisee to be able to take action upon customer service
1 calls in the manner specified herein. Franchisee's service office
shall be open to receive inquiries or complaints for subscribers
2 during normal business hours, and in no case less than 9:00 a.m. to
5:00 p.m., Monday to Friday, excluding legal holidays, and shall
3 have local, non-toll telephone service for subscribers in the
Franchise area during such times; provided, however, that such
4 hours may be lessened upon the prior written consent of the City
Manager provided that local, non-toll telephone service continues
5 to be available during such times.
6 The Franchisee shall maintain a service repair force
sufficient to respond within a reasonable time to any individual
7 interruption of service and also a sufficient installation force to
minimize the delay for service installation. Any service complaint
8 from subscribers will be investigated and acted upon as soon as
possible.
9
The Franchisee shall provide a telephone answering system to
10 receive all construction and service complaints. The telephone
number of the local office shall be listed in the telephone
11 directories serving Tustin. The telephone service shall be
operable to accept complaints twenty-four (24) hours a day, seven
12 (7) days a week.
13 The Franchisee shall keep a maintenance service log a
running three (3) year period, which will indicate the nature of
14 each service complaint, its location, the date and time it was
received, the disposition of said complaint, and the time and date
15 thereof. This log shall be made available for periodic inspection
by the City.
16
18. Number of Channels. The cable television system to be
17 constructed in the East Tustin Area pursuant to the Franchise
granted herein shall consist of a one (1) cable subscriber network
18 with a capacity of not less than fifty-two (52) channels.
Franchisee shall maintain a capacity of not less than 35 channels
19 within the remaining portion of this Franchise.
20 19. Remedies. At the time of issuance of this Franchise,
it is impractical to reasonably ascertain the total extent of
21 monetary damages which may be incurred as a result of the breach by
Franchisee of its obligations under the Franchise.
22
Without the provisions of this Section, the actual monetary
23 damages for which the Franchisee would' be liable, could greatly
exceed the specified amount of liquidated damages. Therefore, the
24 parties have agreed, after good faith negotiations, to fix the
amount of liquidated damages, in lieu of any other monetary damages
25 recoverable by the City of Tustin, as provided in this Paragraph
19.
26
If the Franchisee is in material default under the terms of
27 the Franchise, the City shall give written notice of such default
to the Franchisee. The Franchisee shall have fourteen (14) days
28 from receipt of such notice to cure the default or to agree in
1 writing with the City upon a method and time that such default
shall be cured. If the default is not cured within fourteen (14)
2 days from the receipt of the notice, or, if such default is of a
nature that reasonably requires longer than fourteen (14) days to
3 cure, within such other reasonable time as is reasonably agreed to
between the parties, the City Council of the City of Tustin may
4 assess the Franchisee and the Franchisee shall be liable for
liquidated damages in the sum 'of Five Hundred Dollars ($500.00) for
5 each calendar day on which the Franchisee is in' such default, from
and after the date Franchisee fails to cure the default.
6 Notwithstanding anything to the contrary herein provided, such
liquidated damages shall in no event exceed the sum of Fifty
7 Thousand Dollars ($50,000.00) in the aggregate. Said liquidated
damage sum shall be severally applicable to each calendar day of
8 delay in compliance with the provisions of construction and
separately applicable for each calendar day of delay complying with
9 any other provisions of the Franchise.
10 20. Alternate ..Remedies. Neither a termination of the
Franchise nor liquidated damages shall be deemed to be the
11 exclusive remedy for breach of the Franchise. Neither the right to
assess liquidated damages nor the assessment of liquidated damages
12 shall be deemed to bar or otherwise limit the right of the City of
Tustin to obtain judicial enforcement of the Franchisee's
13 obligations by means at law or in equity. Notwithstanding the
foregoing, the City of Tustin shall be precluded from obtaining a
14 judgment for monetary damages against Franchisee other than in the
liquidated damages amount provided for in Paragraph 19 hereof.
15
21. Completion Qf Construction. The cable television
16 system constructed pursuant to this Ordinance shall be fully and
completely constructed as to each residential unit within the area
17 of service provided for in this Franchise no later than ninety (90)
days after occupancy of such residential unit, or such later date
18 as the City Council may by Resolution approve.
19 22. Termination .Q.f FranchiSe for ~ause. The following
material breaches of the obligations of the Franchisee under the
20 Franchise shall constitute grounds for termination of the Franchise
by the City Council of the City of Tustin:
21
a. The willful failure to make any payments required
22 under the Franchise and/or to provide City with
required information in a timely manner as
23 provided in the Franchise from and after ten (10)
days' written notice from the City of Tustin.
24
b. Any other act or omission by the Franchisee which
25 materially violates the terms, conditions or
requirements of the Franchise or any order,
26 directive, rule or regulation issued thereunder
and which is not cured within thirty (30) calendar
27 days following mailing to the Franchisee written
notice of the violation or within such period
28 beyond the thirty (30) calendar days as is
9
1 reasonable.
2 c. Should the Franchise be terminated under the
provisions of this Section 22, any resulting
3 transfer of ownership shall be conditional upon
payment of an equitable price for the Franchise
4 to Franchisee for the Franchise, as set forth in
Section 627 of the Cable Communications Act of
5 1984.
6 23. Termination .for Non-Renewal. If renewal of the
Franchise is denied under the provisions of this Agreement, or if
7 termination results from the operation of Paragraph 9 hereof, and
the City acquires ownership of the cable system or effects a
8 transfer of ownership to another party, any such acquisition or
transfer of ownership shall be conditional upon payment of the fair
9 market value of the Franchise, as set forth in Section 627 of the
Cable Communications Policy Act of 1984.
10
24. Limited Recourse. Franchisee shall have no recourse
11 whatsoever against officers, agents or employees of City Tustin for
any loss, cost, expense or damage arising out of or resulting from
12 actions, or omissions to act, undertaken by such officers, agents
or employees in good faith based upon the provisions of the
13 Franchise, including without limitation, the promulgation by such
officers, agents or employees of rules, regulations, requirements
14 or directives in furtherance of the provisions of this Franchise.
15 25. Non-Enforcement. The Franchisee shall not be relieved
of any obligation to comply with any of the provisions of the
16 Franchise or any rule, regulation, requirement or directive
promulgated thereunder by reason of any failure of City or its
17 officers, agents or employees to enforce prompt compliance.
18 26. FranchiSe as Contract. The Franchise shall be deemed
to constitute a contract between the Franchisee and City. The
19 Franchisee shall be deemed to have contractually committed itself
to comply with the terms, conditions and provisions of the
20 Franchise, and with all rules, orders, regulations and
determinations applicable to the Franchise which are issued,
21 promulgated or made pursuant to the provisions of this Franchise.
The Franchise shall not be construed to constitute a contract of
22 adhension.
23 All terms, conditions and provisions of the contract shall
be deemed to be embodied in the Franchise, and conflicts in terms,
24 conditions or provisions of the Franchise shall be resolved as
follows:
25
a. The express terms of this Franchise shall prevail
26 over conflicting or inconsistent provisions in
Article 7, Chapter 4 of the Tustin City Code;
27
b. The express terms of this Franchise shall prevail
28 over conflicting or inconsistent provisions in
10
1 either the application for the Franchise, if any,
or the certificate of acceptance of the Franchise.
2
27. Utility PoLes. This Franchise shall not be deemed to
3 expressly or impliedly authorize the Franchisee to utilize poles
owned by the Southern California Edison Company, Pacific Bell or
4 any other public or private utility which are located within the
streets, without the express consent of such utility.
5
28. Indemnification: ~ InSUranCe. In accordance
6 with the provisions of California Public Utilities Code Section
6296, Franchisee agrees to and shall hold ~City and its officers,
7 employees, agents and representatives free and harmless and shall
indemnify and defend them against and from any and all claims,
8 demands, costs, liability to other kind or nature whatsoever
arising out of or from the Franchise, any extension of any time
9 limits contained in the Franchise, the failure to extend any time
limit in the Franchise, out of the construction, operation,
10 maintenance, program content, royalties or removal or abandonment
of the CATV System by Franchisee.
11
Franchisee shall procure, and thereafter during the life of
12 the Franchise, shall maintain in full force and effect at
Franchisee's sole cost and expense, general comprehensive liability
13 insurance in an amount not less than One Million Dollars
($1,000,000.00) for injuries, including accidental-death, to two
14 (2) or more persons; and in an amount not less than Five Hundred
Thousand Dollars ($500,000.00) for injuries, including accidental
15 death to any person; and property damage liability insurance in an
amount not less than Five Hundred Thousand Dollars ($500,000.00)
16 resulting from any one (1) occurren'ce, and City shall be named as an
additional named insured in said insurance policy, with coverages
17 to be included in the public liability and property damage policies
of broad form contractual and broad form property damage with the
18 further provision that said policies shall contain a provision that
written notice of cancellation or material alteration of said
19 policies shall be delivered to City sixty (60) days in advance of
the effective date of any such cancellation or material alteration.
20
During the period of construction, and at all times
21 thereafter, Franchisee shall keep all improvements installed by it
insured against loss or damage by fire, with extended coverage
22 endorsement or its equivalent in amounts not less than ninety
percent (90%) of the insurable value of the buildings, equipment
23 and other improvements insured, with loss payable to Franchisee,
any lenders of Franchisee which may have a security interest in the
24 property comprised of the cable television system and City, in
accordance with their respective interests therein.
25
29. Severability. The provisions of Section 1115 of the
26 Tustin City Code shall not be applicable to the provisions of the
Franchise.
27
30. Renewal. This Agreement may be renewed for an
28 additional period not to exceed fifteen (15) years if Franchisee
11
1 has substantially complied with its obligation under this Agreement
and upon the mutual agreement of the parties. Upon the request of
2 either party, the renewal process outlined in Section 626 of the
Cable Communications Act of 1984 shall be invoked.
3
31. Force Majeure. Any time limits provided for either
4 party's performance hereunder shall be extended for and throughout
such additional period of time as such performance is prevented or
5 delayed due to strikes, lockouts, acts of government beyond the
party's reasonable control, acts of God, wars, riots, insurrection
6 or abnormal force of elements or other causes beyond the party's
reasonable control; provided, however, that in no event shall any
7 such extension be deemed to have occurred unless (a) the party
whose performance is delayed shall have given prompt notice to the
8 other party of the occurrence of the event of delay; and (b) the
applicable period or periods of time within which such other party
9 may exercise its rights hereunder shall be commensurately extended.
10 32. Effective .Date of Ordinance. This Ordinance shall
become effective thirty (30) days after its passage.
11
PASSED AND ADOPTED at a regular meeting of the City Council
12 of the City of Tustin, California, held on the 2nd day of
June , 1986.
ATTEST:
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EXHIBIT "A"
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF TUSTIN )
MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, does hereby certify that the whole number of the members of
the City Council of the City of Tustin is five; that the above and foregoing
Ordinance No. 970 was duly and regularly introduced and read at a regular meeting
of the City Council held on the 19th day of MaN, 1986, and was given its second
reading and duly passed and adopted at a regular meeting held on the 2rid day of
June, 1986, by the following vote:
AYES : COUNCILPERSONS: Edgar, Hoesterey, Kelly, Kennedy, Saltarelli
NOES : COUNCILPERSONS: None
ABSENT: COUNCILPERSONS: None
City of Tustin, California
Published Ordinance: May 29, 1986
June 12, 1986