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Home My WebLink AboutORD 791 (1979) ORDINANCE NO. 791. AN ORDlNANCE OF THE CITY OF TUSTIN, CALIIFORNIA 1 AMENDING TUSTN CITY CODE CONCERNNG THE REGULATION OF CABLE TELEVISION SYSTEMS. 3 The City Council o~ the City of l'ustin~ C.--:lifo:nia, does ordain that Chapter mmmmmm ~. 4, Section 7z;1O through 7-/~}1, o[ tF'~-D Tustin City Codc~ be amended as follows: 1. Section 741lJ is hereby amended by the additi3n thereto of the tollcrying: 5 6 "F ' ' ran ,li Payment" means ti~e first yea;' after the effective date el= the -- cse ordinance granting the franc_hise, or, at the apt ion of the Franchisee, any shorter period of time immediately following the effective date of said 8 ordinance, and each year theraafter~ during ~he life of the franchise. 9 Z0 H 2. Section 7~1} is hereby sin ended to read os ~o![ows: Ii "741.} FRANCHISE PAYMENTS il 1~ ',~ (a) As conside~-at]an for thD franchise granted~ Fran.shisee shall pay to the ~ City, in !aw~ul roenay of in5 United States, d:~riag th~ li~e of the franchise, 14 .I ~f for each sad eve~'y yeez~ including the vea~ af granting the franchise, ' H according to the "frari:hij ~;~'.'~nant pcriocJ" as dc~fin3ci ~n this O~'din~nce, Z5 ~ three pe~cent ~}~o~ of its gross subscriber reverturns received by the Fran- ce chis~e '~- ?enulm- rn{}Rth[y cGb!e television services rendered to customef-s ...... --~ vz[thin the authofiza'j franchise sc~vic~ a~aa. t'9 (b) In addition to tha fo?ego;ng, the City ~-eserves the cigh~ to change its fees at five (~) yea~ intervals f~a-n the effective date or the ordinance g~anting ~0" ~he franchise, after a pub!is a~aring deten~ining good cause is found and such action is not in conflict with Federal Communication Commission Rules and Regulations or the laws of the State of California. (c) Upon request, the O~'ante~, shall ~iIe with the City within sixty (60) days (~ ~ after th~ expiration of each ca!erKlar year d,~ring the period [he franchise 85 shall be enforced , a Financla: Statement showing in detail the gross receipts of Grantee during tha precc,:~lng year. In addition, the City sha[t have the ~6 right, at. any time, to inspect tt~e Grantee's revenaa records under the franchise and the right of audit and recorn[~utation of any and a[[ amounts payable under this Chapter. (d) No acceptance of any payment shall be construed as a release or as an $0 accord and satisfaction of any claim the City may have for ~urtl~er or '51 additional sums payabla under' this Chapte~' or for the per~ormar~ce of any other obligation hereunder. 1 {(~ 5. Tustin City Code is hereby amended by the arnendn-,eJ~t of Section 7418(cl) by the change of the word "ordinance" in th~ second lin~ of the second pai-a~raph of said subparagraph to the word 1 a. The 'rustin city Code is hereby amencled by the amendment of Subsection ~ 'a' to Section 7~21 to read as follows: a Regu~akion of Operation 5 1. Prior to receiving any applicakions for franchises, the Council may adopL rules and regulations governing the operatioa of cable television systems in 6 the City. Such ru~es and regulations shall apply to and shaII govern the operations of the Grantee of any franchise hereunder, and are expressly 8 declared a part of any franchise t~ereunder. 9 2. Ruies anJ regallagOons not adopted prior ~o ~'eceiving aGv aop;~ca~ion for a 10 franchise shall be adapted ny ~he Council a[ the first regular m~ting of 11 Counc[~ next following ~hs e~fcctive date or this Cl~spter~ by Resolution ( 1~ whici~ shall become effective upon tt~e adoptio~ and shall be applicable [o ar~! appliea:ion for a fran?hise p:evlously received- l& ~. The rules and reg.~!ations ~':aoE~t:ed shall govern ~h{~ non-technica~ !5 of ~ha CATV sys;:?-n, excc2% as pro,.,id3d in 5ec~ion 7/~z~{J. Technical .~ ope;'attons shall incIL;de ati areas el: ope?at~oa for which Lechn~ca[ sta darJs 16 are set forth in ruZ{~s 2~'3mL:tg2~ed by the Federal Communication Serum[scion ~? ~[ and as chose star~darj~ me7 appi:.' or be extended from time to Lime. 18~ '4. Provided the same dc~ nat rnaterially alter the content of the 19 :~ without conseriE of d~e Grantee, the Counci~ rnay~ at any time, adopt ~ ~0 ru~es oc regu[atioas, or may amend, modify, delete or ott~erwise change its '~] ~1 respective rules or ~egu~ations previously adopted, in ti~B fo~iov/[ng rnanne~:. The Council shah pass its Resolution of Intention stating or describing the 22 rules or regulations to be adopted amended, modified, deleted, or otherwise ~5 changed, and fixing and se~tin9 forth a day, hour, and place certain when and 2~ where any persons having any interest therein or objection thereto may appea~ before the Council and be heard. Such Resolution shall direct the ~5 City Clerk to publish the same at least. once within ten (1O) days or [h~ 26 padage thereof in a newspaper of general circulation within the City, and to 27 mail a copy of the same to any Grantee or Applicant for a franchise, not more than thirty (30) days noc less titan fifteen (15) days prior to the ti,~e fixed for hearing thereon. 29 At the time set for such heating or at any adjournment thereof, the Counc~ shall proceed t~ hear and pass upon such comments as may be presented- Thereafter, the Council, by its Resolution, may adopt, amend, modify, delete, o~' oLherwise c|~3nge its respective ru!es and regulations. Such determination by the Council shall be final and conclusivu. I Any rule or reJd~ation as aclc~pLed~ amended, modified, deleted, or otherwise chancJed by the Council shall become effective upon the tenth (lUSh) day o foliowing the adoption of such Resok~tian, unless a longer period shall be - Ii gti~rwise provideFJ in such Resolution. 5,~ 5. The Tustin City Code is hereby amencbd b,/[~e amendment or Subsection 6 'f' to 5a:ztlan 742~ Lo read as fallows: ~'j {f) If the Federal Communications Cornmissisn or the Public Utilities 8 Co:nmission of th3 StaLe of California or any other F'edo:al or S~ate body or 9 a~,ongy shall n.a.v or hereafter exercise any paramount jurisdiction over the !0 s,j~j:~c:t matter cf any franchise granteg u~cbr this Chapter, that exercise such paramour~t j.jrisdicLion shall in no way dirninish, impair, alter or affect ( any o~her portion, farm or provision of any fr~nchis~ no~ dbec[b·affected by the exercise of s:jch paramount jurlsctictisn and to the extent that any Z3" ex~ rc:ise of such pararnaur~L judsdicL~9;~ shaft affect any obligation of a "'~', "Lee Delleft '!~% ~ ...... or t Lc', tn~ [:'itv under t.i~a terms of this franchise, it is th~ t intonation of th~ pa:ties h-~r~'tt9 ~.hat the r,.;i~G ant: regulations of the entity or !5 ~ i a~ency havinU e:,,.:rclsed suc:h paramo:_m~ jarlsdicLion shall control a~J that ' !6 d n.3;t:'~er the City r'~2~ ths Grantee shall ne obliaated [o carry out any provision l~f ~i of or' ae subject to an;.' oSI~c~:iLlcn term oz' condition of this franchise which ji in coqfUc~ with L!'~ rules and regulation:; of the entity or agency exercising ~i sdcn paramount juzisd~cfion. The preemption or preclusion of [he exercise by Lf~e City of its police power shah nat diminish,, impair, alter, or affect any contractual benefit or Grantee nor any contracLual obligaLion of the Grantee under any ~ranchise issued hereunder. 6. The Tus[in City Code is hereby amended by Li~e amendment of See[ion (- ~ 74]0 to read as follows: ~5 ~6 ~. All distribution lines anti individual service lines for Cable Television Systems shall be required to 90 installed underOround, except upon express 27 waive~ by the Planning Agency. The PlannirK3 Agency shall no~ grant any ~ ~8 suc:h waiver except for those areas where othor utilities are installed above ~9 ground. 30 (b) All new dovclopmen~ residential~ cr~m:nercial and industrial~ shall be required to install underground CATV conduit facilities in accordance with the provisions o[ Lhis Section except upon express waiver by the Planning Commission a~ the time o~ approval of a tentative tract map or Patcol Map- 7. Tne Tustin City Code is hereby amended by the deletion of Section 7431. 1 8. The Tustin City Code is hereby amended by the addition thereto of PART 2 IV TECHNICAL STANDARDS and Section 74z~0 to read as follows: Section 7440 TECHNICAL STANDARDS 5 a The performance of Grantee's cable television system shall meet the tecnnical standards as set forth in Section 76.605 or any successor Section of 6 the Federal Communication Commissions and Rules, as those standards may ~ apply or be extended from time to time. 8 a Grantee shall conduct performance tests in accordance with the re- 9 quirements of Section 76.60i or any successor section of the Federal ~O Comn~unication Commissions Rules, as these requirements may apply or be 1! exEended from time to time. 12 PASSED AND ADOPTED at a regular' meeting of the City Council of the City · -TA., of ]-$ of Tust~n held on the 5th day of February , 1979, · 14 .~ ' ,..- ? f ..// ~' , z 5 ..... / Mayor ."' 16 i'-/ .ATTFSY: -I 20 City Clerkk 22 jim:D:9/7/78 3GR:se:R:iOIZS178 JGR,:se:R:12/14/78 3GR:se :R: 12/27/78 3GR:se:R:I2/29/78 Ord/lustin D:li ~6 28 30 31 STATE OF CALIFORNIA) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) RU~"H C. POE, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of members of the City Council of the City of Tustin is five; that the ~c. bove and foregoing Ordinance Mo. 791 was duly and regularly introduced and read at a regular meeting of the City Council held on the 15th day of January 1979 and was given its second reading and duly passed and adopted at a regular meeting held on the 5th day of February , 1979, by the follo;~ing vote: AYES: COD~.,;.Cii2,~N: WELSH, SCHUSTER, SHARP, SALTARELLI, KENNEDY NOES: COUNCIL..'..TR.N: NONE ABSENT: COL~CIL~',S~: NONE City Clerk',~C~ty of Tustin, Califo~' Publish Tustin News February 15, ] 9 79