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ORD 581 (1973)
Z' ORDINANCE NO. 581 2' AN ORDINANCE OF THE CITY OF TUSTIN, STATE OF CALI- FORNIA, ADDING CHAPTER 25 TO THE TUSTIN CITY CODE, 3' RELATIVE TO CABLE TELEVISION SYSTEMS 4 The City of Tustin does ordain that Chapter 25 be added 5 to the Tustin City Code, to read as follows: 6 CHA PTER 25 CABLE TELEVISION SYSTEMS 7''25-0-10 Definitions 8',For the purposes of this ordinance, the following terms, phrases, .words, abbreviations, and their derivations shall have the meaning 9~given herein. [n~hen not inconsistent with the context, words used i in the present tense include the future tense, words in the plural j 10, number include the singular number, and words in the singular num- ber include the plural number: ' ~~ .___ (a) "Cable television system","CATC" and "CTV" for the purpose of ~!? this ordinance, are terms describing a system employing I antennae, micro-wave, wires, wave-guides, coaxial cables, or 13 other conductors, equipment or facilities, designed, con- ~' structed or used for the purpose of: ,I ~~ (1) collecting and amplifying local and distant broadcast J_.`~ television or radio signals and distributing and trans- mitting them; ~? 6 (2) transmitting original cablecast programming not received 17 through television broadcast signals; j ~.~3 (3) transmitting television pictures, film and video-tape programs, not received through broadcast television I 19' signals, whether or not encoded or processed to permit reception by only selected receivers; i 20 (4) transmitting and receiving all other signals: digital, j 2~ voice and audio-visual, ~, 22 provided, however, that any of the services permitted here- under to be performed, as described above, shall be those per- 23 formed by the Grantee for subscribers, as herein defined, in the operation of a cable television or CATV system fran- 24 chised by the City and not otherwise. 25 (b) "City" shall mean the City of Tustin, a municipal corporation of the State of California, in its present incorporated form 26' or in any later reorganized, consolidated, enlarged or reincor- porated form. 27 '(c) "City Administrator" shall mean the City Administrator of the 28' City of Tustin, or his duly authorized designee. 291!(d) "Council" shall mean the present governing body of the City of Tustin or any future board constituting the legislative 30 body of the City. 31 (e) "Franchise" shall mean and include any authorization granted hereunder in terms of a franchise, privilege, permit, license 3? or otherwise to construct, operate and maintain a cable tele- ~ ROURKC CI HOLEROOK ATTORNEYS AT LAW CROCKS R-CITIZENS RANK HUILOING BOO NORTH ttROAUWAY i, A NSA ANA I~A1.1 F. ' Z vision system within all or a specified area in the City. Tiny such authorization, in whatever form granted, small r.ot :wean and include any license or permit required for the privilege of transacting and carrying on a business within the City as 3 required by other ordinances and laws of the City. 4 (f) "Grantee" shall mean. the person, firm or corporation granted a franchise by the Council under this ordinance, and tl:e law- ~, 5 ful successor, transferee or assignee of said person, firm or corporation. 6 (g) "Gross Annual Advertising Receipts" shall mean any inco~;le, 7 compensation and other consideration. received by Grantee ' derived from any form of advertising. g (h) i "Gross Annual Basic Subscriber Receipts" shall mean any ai:d 9 all compensation and other consideration received directly or indirectly by the Grantee from, subscribers in payment of ~~ the regularly furnished service of tine cable television system; in the transmission of broadcast television, radio signals i1 and original cablecast program,ling of the Grantee. i~ (1) "Gross Annual Lease ReCelptS" Shall mean any fees Or 1riCOrne received by Grantee for the lease or rental, and corlr~~ensa- tion for any service in connection therewith, such as studio ~'`~ and equipment rental and production costs, of any channel ~~ permitted or designated by the Federal Communications Corrslis- sion to be so leased or rented. .La (j) "Gross Annual Non-basic Service Receipts" shall mean any and ~~ all compensation and other consideration received directly or indirectly by the Grantee from subscribers or users in pay- I7 ment for the receipt of signals other than broadcast tele- vision, radio, or original cablecast programming of file Gran- 1B tee, whether for "pay television", "facsimile" transmission, "return" or "response" communication, and whether or not 19 transmitted encoded or processed to permit -reception, by only selected subscribers. ~~ (k) "Gross receipts," as used in the following categories, stall 21 mean any and all compensation, in ~,~hatever form, grant, sub- sidy, exchange, or otherwise, directly or indirectly received 22 by a grantee, not including any taxes or services furnished by the Grantee imposed directly on any subscriber or user ;~~y 23 a city, county, state or other governmental unit, and collec- ted by the Grantee for such entity. 2~ (1) "Person" shall mean any natural person and all domestic and ~~ foreign corporations, association, syndicates, point stoc~,c corporations, partnerships of every kind, clubs, business 26 or common law trusts, and societies. ~. 27 (m) "Property of Grantee" shall mean all property owned, installed; or used within the City by a Grantee in the conduct of a 28 cable television system business under the aut.~ority of a franchise granted pursuant to this ordinance. 29 (n) "Street" shall mean the surface, the air space above the sun- JO face and the area below the surface of any public street, other public right-of-way or public place, including public 31 utility easements. i 32 (o) "Subscriber" or "User" shall mean any person or entity receiv- ing for any purpose any service of the Grantee's cable tele- ROIIRKE & HOLRROOK ATTORNEYS AT LAW '~ GROCKER-CITIZENS BANK BUIL i DING 900 NORTH BROAOW AY SANTA ANA, CALIF. i - 2- 1, 2 3 '. 4 I vision system including, but not limited to, the conventional cable television system service of retransmission of tele- ~ vision broadcast, radio signals, Grantee's original cable- casting, and the local government, education and public ~ access channels; and other services, such as leasing of channels, data and facsimile transmission, pay television, ', and police, fire and similar public service communication. '~ 5' 61, 25-0-20 - Franchise to install and operate 7 ~ (a) ~ non-e.{elusive franchise to install, construct-, oj~er_~~f-~~, ,1i~u 8 maintain a cable television system on streets within all ~~r a specific portion of the City may be granted by the Council 9 to any person, whether operating under an existing franchise, who or which offers to furnish and provide such system u;~<ier ' 10' and pursuant to the terms and provisions of this ordinance. ~I 11 No provision of this ordinance may be deemed or constru~~ci a.~> I to require the granting of a franchise ~ehen in the opinion of i 12' the Council it is the public interest to restrict the numi~er ~ of Grantees to one or more. ~, 13 (b) When and in the event that the Grantee of any franchise 14~ granted hereunder uses in his cable television system cis- tribution channels furnished to the Grantee by a tele~~hone 151, company pursuant to tariff or contract on file with a regu- latory body having jurisdiction and said Grantee makes no 10 use of the streets independent of such telephone comp~in~~- furnished facilities, said Grantee shall be required to 17~~ comply with all of the provisions hereof as a "Licensee" and in such event whenever the term "Grantee" is used herein it 18I shall be deemed to mean and include "Licensee." ~ I 19, 25-0-30 - Cable television service ' ~ ~ 20. (a) ~3asic Service. The cable television system permitted to he installed anti operated hereunder shall: 21 22 (1) be operationally capable of relaying to subscriber ter- . urinals those television and radio broadcast signals for i the carriage of which the Grantee is now or hereafter 23~ authorized by the Federal Communications Commission; ~, ~~ (2) be constructed with the potential of two-way digital I'i signal transmission; ~ 251 ' (3) distribute color television signals which it receives in~» 26 ', color; I 27i (4) provide at least one (1) channel, without charge, for exclusive use of the City; 28 (5) provide at least one (1) channel each for those ed~_ica- 29,~ tional and public acc ess uses as now or hereafter re- quired by the Federal Communicati ons Commission for 30, systems operating in the top 100 markets; ~, 31 (6) have a minimum capacity of 20 channels. 32 -3- 1' (b) Iron-basic services. The cable television syste,,~ per,,,itced to be installed and operate:: :,ereunder, may also engage t1,e 2 business of: 3 (1) transmitting original cablccasl programming r,ot received through television broadcast signals; 4 (2) transmitting television pictures, fil:i anti yic:eo-~apc 5 programs, not received t:~rough broadcast television. si~- nals, whether or not encoded or processed to per,~,it re- ~ ception by only selected receivers or subscribers; 7 (3) transmitting and receiving, all other sigr.ais: digital, voice and audio-visual. 8 (c) Subscriber complaints. Ir. addition ~o other service rc~"~:la- 9 tions adopted by the Council, and excepting circul;isla:.ccs beyond GranteC' S COnlr01, SuC ; as E:CtS Gf GOQ, r10tS aI.C, C~V- 10 it disturbances, and in providing, the foregoing services, tiiu ' Grantee shall: 11 (1) llmlt System faliUreS t0 i'~,1r,1:,U:;~ tl:~1C G'uratiOr. b~7 1GCu~- 12' ing and correcting malfunctioning promptly, Lut ir. ::o event longer than twenty-four (24) i,ours after occ;:rrence, 13 irrespective of holidays or other non-business hours. 14 (2) upon complaint by a subscriber, make a demol:stralio: satisfactory to the chief administrative officer that a 15 signal is being delivered which is of sufficient s;~rcr.~:~, and quality to .Heel the standards set fort}~ in the re gu- 1G lations of the r ederal Corur,unications Co.;~-nissio.z, or in ' regulations hereafter adopted by the Council. 17 (3) render efficient service, ~;,a}:ing re~~airs L ro;,~,~tl~.~ u:~ci - - 18 terrupting service only for good cause and for t:.e s~.orlc- ' est time possible. Plal:r.ed interruptions, insofar as 19 possible, shall be preceded by notice ~; ivei~ to subsc-~ i:~- ers twenty-four (24) hours in advance and small occur 20 during periods of mini: iunl use of trle s1~stcm. 21 (4) maintain an office within Grange County, which office shall be open during all the usual business ho„rs, ~~~i:;; 22' toll-free telephone listed in directories of the tele- 23! phone company serving the city, and be so opera led ci<<<t complaints and regaests for repairs or adjustments .;,~~~~ be received at any time, day or nigtlt, seven days a weer.. 24 25 (5) maintain a written record ,or "log", listing dote of c,::;- tomer complaints, identifying the subscriber ar.~i c,e:;c._i:~- ~ inq the nature of the co.~;plaint, and when ar.d what ~:ctio.: 2G was taken by Grantee in response thereto; said rec~~-~c shall be }cept at Grant~:e's local office, `or a pe.-i~,c: o:- 27 ~ five (5) years from tl.e date ~•~r.en. the system is f~,-:;c energized, and shall be available for inspection d~urir. 28 regular business hours, ~•~ithout further notice or de.;,and, by the chief ad.-ninistrative officer. 29 (d) Municipal Service. 30 31 ' (1) With respect t0 tfiC iOCal gOVC'rru"ClE',1t ClariI7el, thF? ~?i"~iI'itt ~_ Shall prOV1CGe, at t,'1C rCC.UCSt Of T..iiC Ci11CL aC::;i1n::~1=;'%,t~ t'l, l 32 officer, and upon City reimbursement of Grantee's c.ct~;~.l cost, use of Grantee's studio, er,uip;nent and t~ci.:.ic~,~ services for production of live and video-tape munic~~~~~1 programs, subject to scheduling requirements of thi= GrUIi.~~ ; -4- jl li 6 7i 8, 9 10 11 12, 13~ 14 15~ 16 17 18'. 1911 20. i 21' 221 (2) PJith respect to the basic television services, the Grantel~~ shall provide all subscriber services, and a tie-in con- nection, without cost, when the system passes such facil- ities and as designated by the Council, to (i) public schools and community colleges serving the I City, and ~ I (ii) buildings owned and controlled by the City, used ford public purposes (e) Compatibility and connectibility. (1) It is the desire of the City that all cable television systems franchised hereunder shall, insofar as financial){~ and technically possible, be compatible one with anoti7er ~ and with systems adjacent to the City. i (2) Wherever it is financially and technically feasible, tine Grantee shall so construct, operate and modify the sys- tem so as to tie the same into all other systems with- ! in and adjacent to the City. (f) Uses permitted. Any franchise granted pursuant to the ;~r~wi_s-~ ions of this ordinance shall authorize and permit the Grantee to engage in the business of operating and providing a c,Ir~l~ television system in the City, and for that purpose to c,rc~ct, ~ install, construct, repair, replace, reconstruct, rnalntaln and retain ln, on, over, under, Upon, across and along piny ~ street, such poles, wires, cable, conductors, ducts, conduit, vaults, mani~oles, amplifiers, and appliances, attachments, and other property as may be necessary and appurtenant to i,ilc~ cable television system; and, in addition, so to use, ol~eratc~,~ and provide similar facilities or properties rented or leased j from other persons, firms or corporations, including but not I limited to any public utility or other Grantee franchised or permitted to do business in the City. ~ 25-0-40 - Franchise payments. I (a) 23 ~ 24~ 25 26' 27 ' 28' 29 ~,; (b) ~I 30'~ 31 ~' 32 ,~ ~i In consideration of the granting and exercise of a franchise I to use the streets, as herein defined, for the operation of a I cable television system, any Grantee shall pay to the City, during the life of the franchise the following: ~ (1) a percentage of its Gross Annual Basic Subscriber Receiptt~; (2) a percentage of its Gross Annual Non-basic Service Re- ceipts; (3) a percentage of its Gross Annual Advertising Receipts; (4) a percentage of its Gross Annual Lease Receipts. The percentage payments shall be made in the manner, amounts ~~ and~at times directed in said franchise or in a Council reso- i lution fixing franchise fees and adopting rules for service ~' and rate regulation. -5- 1 (c} The City shall havu `lu r~~ ;` ~o ~.-.s-~ec~ t:~~~ G--a.-.~~~_.`~ ,-, ; ~ ~ records under tine fr~,:.c ll.s~ u . ._ „c. ,.- ~ ~ - _ 1: r~c:~~ o~ ut.al~ :~~ c<, - _.. . 2 potation of an~,~ a.~c all ::.,o`.. _ ~`s : ~l~a:~ic u.-:c;cr ~:. ~s o ~~; , the cost of said audit saal;_ :mac :~ornc by Gra..te,~ .,..~~.. ''' ~~ res~~llts in incr - - ;; -- ca~Z.:c, , ,.~~ ;.~r ~ ~_ 1,:1Cii. 2 `o , tt.e Gra:~t~u s ~,.... .~. . payment to the tit<<~. it (d) No acceptance of an~~ pc,~~r„;~..~ s:~uii_ be co..strucd -:s ~. -~ 5 or as an accord a::d sa~~s~~.c~ _ ~o:_ c~ ~..-~~ uy,;, ~ ~- --- .. , . c~- ~ ~..~: ~..._~ ~ have f ~ or further or ,uc:it~or.~. , - -,.,_ _ ~ ,~u.,~,s :~~u~ ~ap_~~ a ~ - ~, _ ..c,cr :11 ~ ~~._ u ante or for the perfor„a .ce o ~ ~,::~~ ot::cr o;J~~_c;atio.: .-.~.~~~~,.:~~.._.-. 7 25-0-50 - r ranciz~sc tor:,, . clues u ~~c.: ~...u tcr;,,~..a ~~o., . B (a) The franchise rra:.te~. :~~~ ~- _~ ~l u.c~ , - - - - 1..1L' L, '~~ .l, .1 11 J OlI be for a tern-~ of fifteen (~~} ..~ ~ ~ A J_.. ~.,.~li 1~cars fro; t:_lc c:~.t~ o~ y;.:; , ~;~ - `J Lance by the Grantee. . ' 7.0 (~} 1'h C' Clty may tE'i,,iin~tL~_' ~...y ~~~1.:C:.-~.~e r.,--~=~:~i=~C. 'i'.~:~ .~... '~ ~ ~ - - provisions of this oruin~..c~ ~ c ~ v~~n~ o~ ~ ~ - 11 urc, refusal or r.c~; lec~ ~~ G_~, , ~ ~ _ ~ _~ .~ ~ . - IllatCrlal re~7ll1rG~1Ci1t Or ili~~,l~u~_~~.~ C077t~11:1~'C. li. t::i;, ti."~. .~: l~ or any material rulo or rc~-:~:r~,t;_or, of t:.~_ Co~~,.-.ci=~ o,- ~,. ,.~~ .% ~ administrative officer vaiid~~ adopted purse.-,r.t to ~..~., ,;-~.; 13 ante. - 14 (c) The Chief administrat~v~ o"i ~c~ - .;<<~~~ :,,a; ;- - '~ ~~ ~ ~ c _ __ ,~ , , __~ <.,_~ ~., . the Grantee do or co,~pi~~ ~,,i t ar.-~ suc:i r~~~ ~ ~ ~, .;-1 ~_ ~ , . ; _~~~ , . term, condition, rule or rc~;~ „~,~~,~_;;:. -;~~ ,~:;.~. ,,; -, ~ or ne~~lect of the G.i ntcr~ co ;- ~ ,- or ~~ -i 1G , . , , ; o~~ ~, ~ ~ , days f_ollowinq such ,rri ~~~~n ~,r_ ~~-: ~,c., t}:e c:,J_~_, uc,r,~ -., , - ~ officer may pl~:cc his r~~~ue_,~ .-,~,_ :.eL„ii..<<ti~~n o~ 17 u~~on the newt rcciula~ Co~~..:c~J_ .,~,~_~~tin~: a~ ~,...~.. ,-. ~~- ..~, ministrativc of~iccr _>:;~:ii c .:;~_ to ;,~~ sc~.~~~~.<, r,.o.. ~,~;~ ~ 18 , at least. ten (10'J da-~s .~r_ for ~o ~1.c date c ;" .~ :c;: r'~,u;. ,_ ._ ~ _- inch, a written notice of his 1.:'.tU.i~ ~o r~~~-~,ese :,~~:c: ~ - 19 , tion , and the t ~me anti pl~,cc: o ~ ~;,~~ r,~ ~ ~ ~ _ ~ -, ,~~ ~ .. s}Iall be publisi~ed b~~ t:,~~ c i~~~r cler;c ~t lez.; ~ c .c ~ ~~ . ~: , d~z~~s before suc:~ rnccL -, ~, . -_ - ~~ ~: , is .~;~. ?~~l;~cr o~ ~;~:. , «~ c c _ ,_. ~ „ . .. ,.. wi ti~in L-he ci L-y. 21 (d) The Council shah co:::sici~~r ,~.; , ~~~~:~U,_t o~ til~: c:~i~~~` : ; 22 ,.., trative officer and sh.~J l :~c,.,_ .,: ~~ ~ccso..:=, ~..tc~r_.~,~ ~~, ~.. . 2~ .., anti shall dc'terr,~inc, i:: ~;.:, c,isc~~~~~tior,, ~•r.,e~~,~ ~r nr ,<<„ ~ failure, refusal or n~.~glect ~-~,~ t::e Grantee w~ls ~:~iu ~ ~,s ~. ~~ : ~ . .~, :, _,. 24 (c} If such failure, re~usal or ..c~;lcct b~~ the Gr~l; tc~, ~ ~ : ; ~~ , . ,, , .._ , just cause , the Co~~i :cam L shy, 1 ~ u ir~_c ~. t,le Gr<.,. ~c~~ t~l c~, . %'~ ~ . ~ within such tiro; and r,,,~:nncr ~l:-.~, u~~or. such tcrr~:, ~..-,,_, c~,,. ~ _ ,.,.~ as are reasonable. ~~ ~ (f) If the Council shall dctcr~.~,i.~:c s~:ci. ~aiiure ~. ~u_~~.~ o; ~ c 2 l , by the Grantee was witi.out ~~us;~ cause, ti^,cn t:,c Co~,..~.~~,~.. - - by resolution, doclarc -~.~i,~,;. ,~:~~ -runc::ise of :~~ ic: G~. :- c~: 2f3 _ . , , be terminated and forfeit.~c; uni~~ss there b~~ co,_,~~iia:;cc ;,~~ ,.., 29 Grantee within such L~erioci as ~::~ Coui:ci~ ,;,~,~~ ~i::. (g) Tito termination and fGrieiturU o~ a:.y franc..isE~ ~1~1 i ~, - ~Z'0 . . effect any of tl-le ri,:zts of t:.e City under tip, irU :c:,ise ~~.- ,,,. provision of law. 31 3 ~: -6- 1 (h) In the event of any 'rloldi:.g over after expiration or oti~er termination of any franchise granted iereunder, witi.ou~. t.c 2 prior consent of the City, e:lpressed bl~ resolution, the Gra::~~.~ shall pay to the Cite reasor.a:~le cor.,,~~ensatior. and c;ar~,aJ-cs, of ' 3 not less than one hundred perce:.t (1G0%) of its gross reve.~.ue during said period. 4' 25-0-60 - Applications for frar.ci.ise. 5' (a) Each application for a franchise to construct, operate, cr n maintaiiz any cable television systems in this City sizall be filed with the City Clerk and s:.all contain. or be accor~~~~al~ied ~l by the following: 8 (1) The name, address, and telcp'rlone number of t:~c applicu..t;, 9, (2) A detailed state.aent of t:,e cor:~orate or other busi.:css entity Org and ZatlGn Of ti:e app ~l Cant, i.iCiUGl ng b'uti i:Gt 10 limited to, the following and to whatever extent rc- quired by the City: 11 '~ (i) The nar,„es, residence and business addresses of ~,1~ 12 officers, directors, and associates of tfie app1~- cant. 13 (ii) The names, residence ar.d business addressc ~ o~- «~1~ 14 ~ officers, persons a.:d entities raving, co.tro~yin~:~, ' or being entitled to have or control of ~`~ or ;aore~ r l~ of tho ownership of the applicant and tine res~;ec- t1Ve OWnerShlp Siiare Of each S'uCii perSG,i Or el7tltyl'. 16 (iii) The names and addresses of any parent or sui~sic~iar~~ 17 ~ of the applicant, namely, any oti~er business e.~- tity owning or con trolling applicant i:: ~~.~:.o~_e or l~' in part or owned or controlled in ~•~'ilolc or 1_., .rt~ 19 by the applicant, and a state<<,en~ descri:~~:~c~ ~.e ~~ nature of any s~:ci. ~~arent or subsidiar~~ bus, r.c~:~s entity, i:.cluding:,ut not lilr,ited to cable tclc- 20 vision systems owned ~ controlled by tine a-~pli- cant, its parent and subsidiary and the areas 21 served thereby. 22 (iv) A detailed description of all previous ex~~er~ence of the ap'licant in providing cable televi:~io:. 23 system service ar.d in related or similar ficlc.s. 2~ ~ (V) A detailed and co:;mi~te financial statcrnent o the applicant, prepared b1.~ a certified ~~ublic '~~ 25 accountant, for the fiscal year ner:t precec:i:.~~ the date of the application hereunder, or a~~t~cr~ 26 or other acceptable evidence in ~~~ritir.g frog, ~: recognized lending institution. or fundinc, so~,~c~~, 27 addressed to bot~. the applicant and ti,e Co~:::ci~, setting forth the basis for a s ~udy~ pe~~ for:,,c~, :may I 28 such lending institution or funding source, a..d a clear statement of its intent as a ~ycnd1:~ 29 ~ institution or fundinr, source to provide ~:~ha,~ev~r capital shall be required by ti.e at~plica:~t ~o co::-~ 30 ~ struct and operate the proposed syste.<< iI~ t:~~ C_~ ; ,,,, or a statement from a certified public accou:~~~:..t, 31 certifying that the applicant nas availa~ae s.; `.- j ~ ficient Lree, net unu uncornmi ~t~:u c~~~r~ r~.~,~~~~~,rcr~:-~ 32 to construct and operate the proposed sys~c~,~ in this City. ' -7- 1 (vi) A statement identifying, by place ar.d date, a::~~ other cable television franchise(s) a~•,arded to 2 the applicant, its parent or subsidiary; tine status of said franchise (s) witi7 respect to co:_.- 3 pletlon ti:creOT ~ t:1E total COSt Oi CO:'~'~1i_'t~0.7 G ~ SUCh SySte.;i(S) ~ ana thC' amollr.t Of appllCunt's ~ and its parent's or subsidiary's resources co::- mitted to the completion. thereof. 5 (b) A detailed description of the proposed plan of opera-lion of ~ the applicant which shall include, but not be lir~;itEd to, t:~E following: 7 (1) A detailed map indicating all areas proposed to bE 8~ served, and a proposed tine schedale for the instuil~.tio::~ of all equipment necessary to become operational ti~rouc,h- 9, out the entire area to be served. 10~' (2) A statement or schedule sorting forth all proposed class-; ifications of rates and c~arges to be ,,jade against sub- 11' scribers and all rates ar.d charges as to eac~. of s~.id classifications, including installation charges and 1N service charr,es. 13~ (3) A detailed, informative, and referenced state.~.~i~t d~~~scrib;- 14 ing the actual ec1uiprlent ar.d operational stand~~rds >>ro- , posed by the applicant. In no event shall s~.id opera- l~ tional and performance sta:,dards be less than those col;- ' tained in Title ~7, Subpart ~C (Sections 76.601 et sec:.), l Rules and Regulations, r ederal Communications Co~rumission, l6 adopted February 2, 1972, and as amended. 1'~ (4} . A copy of the forn-~ of an~~ agreement, ur.derta:;ing, or ot:.er instrument proposed to be entered into between ti:e uf~pli'- 18, cant and any subscriber. I 19~'~ (5) A detailed statement setting forth in its Entirety un,~ 20' and all agreements and ur.derta;cings, whether formal o~ ~ informal, written, oral, or implied, existing or rroposed~ 2l to exist between the a~nlicant and ar~y person, firr~~ of corporation which materially relate or pertain to c.~ de- 22 Pend upon the application: ar.d the granting of the frai.- chise. 23'' (d). A copy of any agreement covering the franchise area, i~ e,:ist- 24 ing between the applicant and any public utility subject to regulation by the California Pui~lic utilities Cor,~,-nission pre- ~ viding for the USE Of any faC111tlES Of tI'ie pUD11C Litlllt1/, ?~ including but not limited to poles, lines, or conduits. 20' (e) Any other details, statements, in~ormation or references ;~c.r- tinent to the subject matter of such application whit:. s::~.li '~~ be reduired or recuested by the Council, or by any ;~rovisior. 28 of any other Ordinance of the City (and of its Charter). 29 (f) An application fee in the sum of $500, which shall ;JE in -~.hc form of cash, certified or cashier's check, or money order, to pay the costs of studying, investigating, and otherwise :~~o- 30~ eessing such application, and which shall be in cor.sider~.tion 31 thereof and not returnable or refundable in whole or i.. ~~~~.~ t;, provided, that any applicant who shall deliver to the City Clerk a written withdrawal of or cancellation of any a~~~iica- `~~ I tion hereunder, not later than the scventn (7th) ~.~av n~~x;. ~c,i-' lOWing the day SL1Ch aOpllCatlOn iS reCelVE'G bV t~~i~: Cit'' C~t?L'r:, ~ shall be entitled to have returned anti rE~undcd the sura o $400, less any supplemental actual costs or Expenses incurred by the City by reason of sac:, application. -a- 1' (g) The Council may, by advertisement or any other :Weans, solicit and call for applications for cable television. s•1~ste:~~ fra~.- 2 ~ chises, and may determine ar.d ~ ix an~.~ date upon or of ;~cr wh1Ct1 the same S;lail be reCeiVCC: t711 tilE? Clt~/, Gr ttiC C. c::i=i= 1~~: - 3 fore which the san•~e :,,ust be received, or the date after •,.~:i_ic:. the Same Shall nOt ;7e reCe~Ved, and may make any O ~r'iC'r cl~?Lu~ - ¢ minations and specify ar.y othc,r times, terms, conditions, Or limiations reSpeCting ti7C sOliCiting, Caillr.g iOr, ma,ci:;g and receiving of such applications. o The Grantee shall pay to t,.e City a sum of ~.,oney su~fic:.e.~~ to reimburse it for ail publicatio n expe nses incurred i~1~ i~. 7 in connection with tale granti.lr, of a fra nchise pursuant to the provisions of this ordi nonce. Such uay.aent small 'i,~. :.,uuc 8 within thirty (30) days after the City f urnishes the Gr~.ntce with a written statement of such e xpense s. 9 (h) Upon receipt of any application for irar.c:~isc, the Cou:~cil 10 shall refer the sa,~le to the c::icf ad; ~inistrative o~ f ices ~•:~c, shall prepare a report and i;«~;:e i.is recor~,. ~endatior.s res~~ct- 11 inq such application, and cause the same to be corn~~ietec. ant, filed with the Council witrlir. 30 days. 12 (i) In making any determination hcreur.der as to any a;~ ~lic~. ~~ior. 13 tine Council may give due consideration to the q,~ality o-~ ti,u service proposed, rates to su;~scri~er, incc.,ic to t:.e Ci'~~- , 14 experlence, CnaraCter, i~aCYC;rOLinC:, anC: ~_1nal.Cla1 r~'S~~~OnS-~:~~~- lty Of any ap'.~11Cant, ant: 1tS .;«.r:<<cj~?',~:;;t a:.C. OCJr.erS, l.C'C.1;:1- 15 cal and performance quality o` ecluip:'~ent, willingness ar.d ability to meet construction ar.d ~~i.ysical recuire: ~er.ts , a:.d 16~ to abide by policy conditions, franchise li,,,itations any: re- quirements, and any other considerations doe,;,ec; ~~ertiner.'~ :~~; 17~~ the Council for safeguarding the interests of the Cite a:ci '~ the public. The Council, in its discretion, snail di=:t~r:,,~n~ 18 the award of any franchise on the basis of such considerations aid without competitive bidding. i9~ If the Council shall deterrlire to reject such applicatio:., ~~ SUCh deternllnatlOii Shall be flnc'+l Gild COnClUS1Ve, anC, t;.i_' ;;~,:.,~ shall be deemed rejected. 21 (j) If the Council shall determine to further consider ti:e appli- 22, cation, the following shall be done: 23 (1) The Council shall decide ar.d specify the ter,~,s and con- e ditions of any franchise to be granted hereunder ar.d as 24, herein provided. 25 (2) The Council s'rlall•pass its resolution of intention. -~o consider the granting of such a franchise, givi ,• ~.ocice 26 of receipt of the application., and describing file ch~.r- acter of the franchise desired, stating the r.~,.•~c of t:le 27 proposed Grantee, t~,e character of the franchise, t;~ terms and conditions upon which suc'rl fra.lci,:ise is -~-~o- 28 ~ posed to be granted, ti~at copies of the proposed fra.:- chise may be obtained at the office of the Cit~.~ Clcrr;, 29 fixing and setting fortis a day, ::our, and place cc~ ~.~.i.. when and where anv persons i~.aving any interest therci.. 30 or objection to the granting thereof play Pilo ~arit~e:: pro~- tests and appear before trle Council and be heard, ur,c 31 ~ directing the City Cler;; to publisrl said resolution a'~~ least once within ten (10) Gays of the ;passage ti~~~reoi i:; 32 a newspaper of general circulation within the City. -9- ~- (}C) At the tlme Set for the hearlnG , Or at anV ad j OUrnment t.iC'_rUO~ , the Council shall proceed to hear all written protests. ~~':-.ero- 2 after the Council shall r .iia~Ce one Of the fOllOWing Geter.,llr.a- tions: 3 (1) That such franchise be denied; or 4 ;(2) That such franchise be granted upon the terms and condi- 5' tions as specified in the resolution of ir.tentior, to grant the same; or 6 (3) That such franchise be granted, but upon the terms and 7' conditions different fro~;~ those specified in t:,e resolu- tion of intention to grant the same. 8 (1) If the Council shall determine that a franchise be denied suc:~ 9 determination shall be expressed by resolution ar.d shall be final and conclusive. 10' If the Council shall determine that a franchise be gra:.tec~ 11, upon the terms and conditions as specified in the resolu:~io.. of intention to consider granting the same, such cteterr,,,ir.~~.ticn 12. shall be expressed by ordinance granting a franchise to ti.e applicant. 13' If the Council shall determine upon. granting a franci~isc ur~on 14 terms and conditions different from those specified ir. t:.~-~ resolution of intention to consider granting the same, ~.~,. 15 such determination shall be expressed by resolution adopted prior to granting a franchise by ordinance. 16~ 25-0-70 - Bonds: Indemnifications; Insurance. 17 18 (a) Performance Bond to City. Upon being granted a franchise, and upon the filing of the acceptance required under Beetle.. 8 hereof, the Grantee shall file with t:.e City Clerk and s=.~,i~' 19 thereafter, annually, during t:ze entire term of suci. frar.ci:isc 20 maintain in full force and effect a corporate surety bone or other adequate surety agree,<<ent in such amount and kind ~.:; shall have been approved by t'r.e Council. The bond or a<;rce- 21, ment shall be so conditioned that in the event that Gra:.tee 22 shall fail to comply with ant one or more of t~:e provisio_.s of this ordinance or of such franchise, then there shall :~~ recoverable jointly and severally fra<< the principal a,-.d 23, surety a~~y damages or loss, or costs suffered or ir.currec: :~~~ 24 the City as a result thereof, ir.ciuding attornel.~s' fees and i costs of any action or proceeding, and including the f~_~l~ amount Of any COmpenSdtlOr~, lridemnlfiCatlOri, COSt Oi ri.:;,0'7u~ ~cJ or abandonment of any property or other costs whict. ;~,ay ;~~~ i.. 26 ' default, up to the lull principal amount of sue:. bone:. Sai~, condition shall be a continuinc obligation during, the e.:tirL 27; term of such franchise and thereafter until Grantee shad i.avc satisfied in full any and all obligations to the Cite w:,ic:: 28 arise out of or pertain to said franchise. neither the ~~ro- visions of this Section, nor any bond accepted by t.1e Ci.c,~ pursuant hereto, nor any damages recovered by t:.e Cit,.~ t:.~re- 29 under shall be construed to e:{cuse faithful performance ~~~ 30~ the Grantee, or limit the liability of the Grantee under any franchise issued pursuant to this ordinance or for damages 31~ either to the full amount of the bond, or otherwise. 32 -10- 1 (b) Performance Bond for Subscribers. upon being granted a fran- chise, and upon filing of tie acceptance required under Sec- 2 tion 8 hereof, the Grantee shall file, annually, with the City Clerk and shall thereafter during the entire tern of s•uc:. franchise maintain in full force and effect a corporate surety. ' bond, or other adecuate surety agreement, in the amount as 4 shall have been approved by the Council. The bond or ag:-ee- ment shall be so conditioned that ir. the event such Gran'~ec 5 shall fail to comply with any one or more of t..e provisions ' of any agreement or undertaking made between Grantee and an1~ 6 subscriber, then there shall be recoveraale ~ointiy and sev- erally from the principal and surety any damages or costs 7 suffered or incurred by any subscri:~er as a result t:.ereof, including reasonable attorneys' fees and costs of any actio: 8, or proceeding. Said condition. si:all be a continuing obli,u- tion during the entire term of such franchise and ti.erea~ter 9 until Grantee shall have satisfied in full any and all obli- gation~ to any subscriber whic.z arise out of or pertain to an~~ i0 such agreement or undertaking. 11 (c) Hold Harmless Agreement. Grantee shall indemnify and hold harmless the City, its officers, boards, com,~~issior.s, ar~,~: ts, 12 and employees , against and fror:~ any and all clai;.,s , de.:~ar:ds , causes of actions , actions , suits , proceedings , dar~,~ac; es (i.~- 1~, eluding but not limited to damages to City propertl.~ ~...c: ~:~::„- ages arising out of copyright infringe.<<ents, and dar,~ac;es ari.~- 14 ing out of any failure by Grantee to secure consents pro.,. .:.c owners, authorized distributors o-r licensees of progra.:~~s to 15, be delivered by Grantee's cable television syste:~li costs or liabilities (including costs or liabilities of the Cit<<~ ~~;ith 16, respect to its erployees) of every kind and nature ~~~atso- ever, including but not limited to damages for injury or 17 death or damage to person or property, and recardless of the. merit of any of the same, and against all liability to o;~'r.~rs, 18 and against any loss, cost, and expense resulting or ar~si::,; out of any of the sa.-ne, including any attorney fees, account- 19~ ant fees, expert witness or consultant fees, court costs, per diem expense, traveling ar.d trar.sportatior. expense, or ~~ other costs or expense arising out of or pertaiai :~ to t:.~ exercise or the enjo~,.nent of ar.y franchise iiereu.zder by 21, Grantee, or the granting thereof by the City. 22 ', (d) Defense of Litigation. Grantee shall at the sole risf: ar~d cx-' 23 pense of Grantee, upon de.~~ar.d of the City, made by ar.d tr:rouc,i:, the City Attorney, appear 1ri ar.d defend ar.y and alp suits, actions, or other legal proceedings, whether judicial, c_uasi- 24 judicial, administrative, legislative, or otherwise, i>rougi.t or instituted or had by third persons or duly cor.stitutee: I 25 rr; authorities, against or affecting the City, its o~~lccrs, boards, commissions, agents, or employees, and arisii:~ ou-~ cf 26 or pertaining to the exercise or the enjoy.~ent of such fran- chise, or the granting thereof by the City. 27 Grantee shall pay and satisfy and shall cause to be paid a::ci 28 satisfied any judgment, decree, order, directive, or de,~:ar.d rendered, made or issued against Grantee, the City, its 29 officers, boards, comr:lissions, agents, or employees in ~.: ~~ of these premises; and such indemnity shall exist aac. coati..- 30 ue without reference to or lir,~itation by the amount of ar.y bond, policy of insurance, deposit, undertaking or other assurance required hereunder, or otherwise; provided, ~L,«t neither Grantee nor City shall make or cater into an~~ co~~~;~ro- 34' mise or settlement of any claim, demand, cause of action, action, suit, or other proceeding, without first obtaining the written consent of the other. ], (e) Insurance Required. Upon being granted a franchise, and upon the filing of the acceptance required under Section 25-0-~:~0 2, hereof, the Grantee shall file with the City Clerk and shall thereafter during the entire term of such franchise maintain ~ 3 in full force and effect at its own cost and expense eaciz nr the following policies of insurance: 4 (1) General Comprehensive Liability Insurance in the amrnu~t ~' of $1,000,000.00, together with Bodily Injury Liahlit.y '~ Insurance in an amount not less than $500,000.00, for injuries including accidental death, to any one person, ', e and subject to the same limit for each person in an 7'amount not less than $1,000,000.00 on account of any one occurrence, and Property Damage Liability Insurance i_n 8~' an amount not less than $500,000.00, resulting from any one occurrence or combined minimum single limits of lia- 9 bility of $1,000,000.00; provided, however as follows: !~ (i) The City shall be named as an additional assured 10 in any of said insurance policies; and 11 (ii) ~•~here such insurance is provided by a policy whiciz I also covers Grantee or any other entity or person, 12 it shall contain the standard cr©ss-liability i endorsement. 13 25-0-80 - Acceptance of the Franchise. I' 14 (a) No franchise granted under this ordinance shall become effec- 15' tive for any purpose unless and until written acceptance tirere~ of shall have been filed with the City Clerk. Written accep- 16 tance, which shall be in the form and substance approved by ~ the City Attorney, shall also be and operate as an acceptance 17 of each and every term and condition and limitation contained in this ordinance, or in such franchise, or otherwise speci- l8, fled as herein provided. ~, 1g~ (b) The written acceptance shall be filed by the Grantee not later than 12:01 o'clock P.M. of the fortieth (40th) day next fol- 20 lowing the effective date of the ordinance granting such ' franchise. I 21 (c) In default of the filing of such written ace°ptance as herein 22~ required, the Grantee shall be deemed to have rejected and I repudiated the franchise. Thereafter, the acceptance of fire 23' Grantee sh all not be received nor filed by the Cit1,~ Cleric. The Grante e shall have no rights, remedies, or redress in the 24 premises, unless and until the Council, by resolution, shall determine that such acceptance be received or filed, and thcrr ti=1', upon such terms and conditions as the Council may impose. 'i ~0~ (d) In any case, and in any instance, all rights, remedies anal re-~~~ dress in these prem ises which may or shall be available to 27, the City, shall at all times be available to the City, and shall be preserved and maintained and shall continzrous ly c::ist~ ~g in and to the City, and shall not be in any manner or means ~~ modified, abridged, altered, restricted, or impaired by rea- I 29 son of an y of these premises, or otherwise. 301~,(e) Any franchise granted and accepted under this ordinance sh~~rll be in lieu of any and all other rights, privileges, powers, 31 immunities, and authorities owned, possessed, controlled, o.r exercisable by the Grantee, of or pertaining to the construc- 32' tion, operation, or maintenance of any cable television sys- terns in the City. -12- 1' 25-0-90 - Limitations of franchise. 2 (a) Every franchise granted under this chapter shall be non- ! exclusive. 3 (b) ido privilege or exemption shall be granted or conferred by anv 4 franchise granted under this c•r:after except those specificall1/, prescribed herein. 5 (c) Any privilege claimed under any such franchise by the Gra.:tee 6 in any street or other public property shall be subordina-ce to any prior lawful occupancy of the streets or other public 7 property. g (d) Any such franchise shall be a privilege to be held i.: ferso::u~ trust by the original Grantee. It cannot in any event be 9~ sold, transferred, leased, assigned or disposed of, in whole or in part, either by forced or involuntary sale, or by ~~~ol~,;~.-~ 10 tart' sale, merger, consolidation or ot::erwise, wit;:ou;. ~~ric-r COnSent Of the COllnCll eXprc?SSed bV reSOlutlOn, anC: ti:e:: O:iL`I 11 under Such COndltlOnS aS %1ay therelr. bC freSCribE'_G. fi:i'! Sufi: transfer or assignment shall be made on11I icy an instru~r:e.:tin 12 wiitin such as a 1 r g b~ 11 0~ sale or si:,ilar docu,lent, a c:~aly executed copy of which shah be filed in t:~e office o~ t:.e 13 City Clerk within t.~irty (30) days after any such transfer or assignment. The said consort o` the Council may not be ~,::- 14 reasonably refused; provided, however, the proposed assic;r.ec must show financial responsiblit~~ as determined icy the Cuuncil 15 and must agree to co.r,ply with all provisions of this orci~::- anee; and provided, further, that no such consent s:.al~ ire '~ 16 required for a transfer in trust, r,~ortgage, or other i:•~~~ct:;~- cation, in whole or in part, to secure an indebtedness, e,ti- 17 cept that when such hypothecatio:~ shall exceed 50~ of the - ket value of the property used by ti7c franchisee in the conduci_ 18 of the cable television system, prior consent of the Council shall be required for such a transfer. Such consent shall note 191' be withheld unreasonably. 20, In the event that Grantee is a corporation, prior approval of the City Council, expressed by ordinance, shall be rer•~,ired 21 where there is an actual change in control or ~~~here o'>I,.er- ship of more than 500 of the voting stock of Grantee is 22 acquired by a person of group of persons acting in concert, none of whom already own 50 0 of ;,ore of tare voting stoc;~, 23', singly or collectively. Anv such accuisition occurri.,g with- .. out prior approval of the City Council shall constitute a 24' failure to comply with a provision of this ordinance wit::in t:,~~ meaning of Section 25-0-50 of this ordinance. 25 (e) Time shall be of the essence of any such franchise grar.tcd 261 hereunder. The Grantee shall not be relieved of his oblic;a- tion to comply promptly with any of the provisions of t:,is 27' ordinance by any failure of the City to enforce prompt com- pliance. 28 ~, (f) Any right or power in, or duty/ i~,~pressed upon, any officer, 29~, employee, department, or board of the City shall be subject to transfer by the City to any other officer, employee, depart- 30 ment, or board of the City. ~1~ (g) The Grantee shall have no recourse whatsoever against tine City for any loss, cost, exponse, oL claraa~~e arising out or any pro-~ 32 vision or requirement of this ordinance or of any franchise issued hereunder or because of its enforcement. -13- 1! (h) The Grantee shall be subject to all requirements of City laws, j rules, regulations, and specifications heretofore or here- ', 2' after enacted or established. i 3! (i) Any such franchise granted shall not relieve the Grantee of ' any obligations involved in obtaining pole or conduit space 4~ from any department of the City, utility company, or from others maintaining utilities in streetg- 5 i' (j) Any franchise granted hereunder, shall be in lieu of any and 6I all other rights, privileges, powers, immunities, and author- ' ities owned, possessed, controlled, or exercisable by Grantee,, 7, or any successor to any interest of Grantee, of or pertaining I to the construction, operation, or maintenance of any cable ~ $' television system in the City; and the acceptance of any i franchise hereunder shall operate, as between Grantee and the 9 City, as an abandonment of any and all of such rights, privi- i leges, powers, immunities, and authorities within the City, 10!' to the effect that, as between Grantee and the City, and all i construction, operation and maintenance by any Grantee of any ~ 11~ cable television system in the City shall be, and shall be ~ deemed and construed in all instances and respects to be, 121 under and pursuant to said franchise, and not under or pur- j i, suant to any other right, privilege, power, immunity, or j 13' authority whatsoever. ~' 14'25-0-100 - Rights reserved to the City. ~~ 15 (a) Nothing herein shall be deemed or construed to impair or affect, in any way, to any extent, the right of the City to 16', acquire the property of the Grantee, either by purchase or ~ through the exercise of the right of eminent domain, at a fair~i 17~ and just value, which shall not include any amount for the franchise itself or for an_y of the rights or privileges 18~ granted, and nothing herein contained shall be construed to contract away or to modify or abridge, whether for a term or 19~~ in perpetuity, the City's right of eminent domain. I 201 (b) There is hereby reserved to the City every right and power ', which is required to be her_cin reserved or_ provided by any 21' law, and the Grantee, by its acceptance of the franchise, i agrees to be bound thereby and to comply with any action or 22 requirements of the City in its exercise of such rights or power, heretofore or hereafter enacted or established. 23', ,~ (c) There is hereby reserved to the City the power to amend any 24' section of this ordinance so as to require additional or greater standards of construction, operation, maintenance or ~ 25 otherwise, on the part of the Grantee to reflect technical. ~ and economic changes occuring during the franchise term, and 26, to enable the City and the Grantee to take advantage of nr.+w developments in the cable television industry so as to more ', 27 effectively, efficiently and economically serve the public. I~ 28 (d) Neither the granting of any franchise nor any provision here- ~, of shall constitute a waiver or bar to the exercise of any j 29 government right or power of the City. ~ I 3 0 ', i 31' 32 ~ -14- 1 (e) The Council ~-'~' _ ._ o all ~~~1 ~: Ilia 7 U ~~ ~' :iyC;i c.~ C' :000_;Sa1_ _~ u,.~_: CG._"~,'~ ..- ient in the exercise of ~;~s j~~.ric:~c~ior. unc:er this o-~.~.:<<..;.,, 2 and may determine any cuesti0:. G~ ~aC~ ~;L1iCi: :,,~,~~ a;"~:,,~ <__::-.,-' the eX1StCI7Ce Of any ~ra'.:C :1 se C~Ci::~GU :iCrE'u:.~,C'". ~:ii C.:} J~ aC.minlStratlVe Oif1CC, ~.~;li=:: L::C ~i~;rOVuL G~ ~~1.G' C~~"~ ~.; ,G~~- ney, is hereb~,~ authorized anc; e:;, ~o~.~~er~~ci ~o ucz_; us ~ , .~~~ c ~~ ,~~ 4 eom:~romise any controve-isy Gr ch~.rc;e arising ~~~~::, ~c~:e ~~•,,, ~.- t10nS Of ally Grc-1:1tC'e l:;:C1CL' -~'.":yS G~Cii:ia:;CL', elt::C~r G;: :~i'..:~_~ 5 Of the Clty, the Grantee, Or ~ ~.n`,' SLi;.)SCr-~.~Cr, l~: ~:i~~~ .~~_~:~'~ interest of tine i~ublic. Litr.er ;.:.e Grar.~~:~e cr ~. n~~ ::.,..,,;~~~ c;~ G file j~Uh 11C WilO :,la~~ hC C1SS~1 t1SL1C?C~ `,lit h i=i:C' C: i:C~saG:. G~ ~i.L7 chief administrative o~fice~ _r,a~~ ~.•.~,~eal ,~:,~ :,a;~~.e~ ~o -_ 7 Council for hearing a:.c, deter.,,,:<<t~~:.. ~,._ CG~_:.:c~~ ~.,, - aCCC'pt, re] eCt Or :.,Gdl~~r "~.:%' G~'C151G:, Oi ti7C' Clt1 ii(,:,, ._: ., `. <".- B for and the Cou.ci.~ :..`~~~ ~.d~ust, se~.~~l~ Gr co:. - ,._..,~. .1 any COntrOVerSy Or Ca:.CC_1 a. C:.a~~'e ~:~ 1S1nCj ~rGl.1 ~:,C G~ ~ _:~ ~.- 9 tions of the Grantee of frG.,, a::y ~`~rovision Gf this o:-uir._..:c~. 10 25-0-110 - Council to adopt rules and rec~ulatio..s. 11 (a) Standards of Ol~eratio:~ 12 (1) Prior to receiving any a;,_~lications for ~rr_.nc::~~~_:;, ~.. COUnCll may aClOt~t talc's , ~ CCj uL~~t1Gi:S ~i~iU 5-~~::^.G~ii: ~:S ~.~'~ - 13 erning the operation Gf cai~le televisio : s-~st~....s ~_,-. :. . Clty. SuCll talcs, 1"egi 1iiL1G::$ anG SLai.C.~irC:_i Sf.Ci:~ ~~ ~~"~ 14 t0 and Shall gOVern the O'~eratlGnS Of t:1C GraL~C~~ G_ ~,. franchise hereunder, alld ~.re expressly dcclarec: ,a „-,. 1J of any franchise ilereu:~der. 16 (2) Rules, regulatiol:s and s"~andards not ado~~tec,. ~~~~ iGr ~_ _, ~ - Ce1V1nC~ any at~;~ilCat10I7 ~Gr C, ~ranCalse .,i:~.~l ;~t, 17 by the COUnCll at LIiC ~1rst ;"CC;uiar I:~~,eC,l:~.:~r Oi ,.., ~ ~~ ~~~...- C11 ne}:t TOilOPllncj the C~ ~eCti VC_ da'~C' O:. t:7~:_, Gi ~. i ., ,..<; _ , 13 by re SOlutlOn Wh1Cn s:iall :.ii3CO;;,C' Ci.TCCt:i"Ve L;'~Gii C.::_~ ~_.,_~'~.. and shall hC? a'~~~i1CaJle ~O a.iy aL~pliCatlOn iGr a ~~.,:C;.,1.;~ 19, previously received. ~~~ (3) ThC StanClarC1S ac,O;~C~'.C, Sii:..~;~. jUVC'~_n ~~.~,C .. ;i:, - ~ ~ , ~ - ~iLr_ UCtiOIi, 1I1:~ uii ~: ~-LCi.: i "iCU ~...(. ~ `'1 Cah1C tC1CV1S10:. S"~~ ~C-:,,~. 1.. ~:.e L ~ _~~, 1:.~~~l~C. ~.:~~ .. Ili limited to stan~.ards cover: 1., carrier icvc_~s , - - ~,- ~~' noise ratios, :.u~;~ ~~,oc;l.la~~~o: distortion level: `,~yc;, ,.... :_ interactions anci iIi per-~ e,_.ctions . 2 ;~ (4) Provided ~_• .__ _ _ - , ~f1C' sa.,,C d0 ..G~ :,u~C:rluil`I ai~er t~.~' CG.It' ~ ~~ 2~ the franchise WltiiOllt COI:SeIlt Gi the Gru2:,~".CE', ~i~::C L~(~~.:.-,C';_.,.. P,1ay at anV t1: C adopt .:C'c.' rii:"C:~ O-~ iCC~uLUi=iG:-. ~ ~~:- - :~ ~.. , ardS, Or I~~~ay al;lC,'I'iC:, IiiOC:1:V , C:C ieLC, O~ Cil=:i<'~ ~•;_L:;~ _„ _ lt5 reSpeCt1VC'_ ~ U1C's ~~~ ~ ~~; ulC, ~1G1.S Gr ., ~~Ci~.~, "ice: - t~U ~ ViOUSly aC10ptCG, 1:1 t:ie ~Gl~LG~:ln<~ :;1Ctnn[',. ~,lU CG~~... , . _. shall pass its 1"e SOlu"C'~G~. G~ li:tE_'Ii LiGi7 s Ca'~~.v:" e.= :._,~'- `~ ~ ing the rules O1 reCiui~.~~~G~:S Gr S ~a,idarCUS t0 ii _ C: a (, - _. C-` i amended, mOdlflCd, C:CiC'~CC:, O~ Oi.nC~~CJiSE Ci.ui:~;~C,, ..C. ~cg f1X1nCJ and Settl; g iOrt17 a C.ay, ilOUi , a:.d ~~i~,CO C'_':: ~~,.~.: When and Wh ere a:.V perSOnS .:c-.VliiG` ~, n`,~ 1;, ~Cr GS ~. _ :~~'_"~_ ~'~ Or Oh]eCtlOn tnCretO :i,aV c.~~~~:~~C'al IJ~?iOre ~:iC_' CCi~:::C ~... , ,~~_ heard. Slick re SOlutiO.. S:ial i d1rCCt t[:C C -:. ~'' C~~;".': ~~ 30 ublish the sarr,e a,. lest once ~•:it:.in ten ~ - h (~G) d~ -~ ~,,_ the passage thereG~ in a ne~•~s~~a~~er of c;E~.:er~.~ circ~~,~~.,~iG.. `~1' Wlthin ti"1C' Cit,/, a,1 C: ~O :;~a1i a CO'~V Of ~:;C Sc::.,t? ~C~ ~.:.1~ J~ Grantee Or a~~11Ca;it ~Oi" a fr aI:C:~1SC , :~O ~ ~ ,G:: f-'- ::1~:;. thirty (30) days nor less t:.ur. ~i~teen (i5) c~Uys `,r~or to the time fixed for hearir.c; thereon. -15- 1 At the tide set for s~:ci :.earir.g, thereof, the Council si:a~~i proceed 2 such comments as ;i~a1~ be ~r~s~~ntcd. cil, by its resolution, :,ay adopt, 3' or otherwise change its res~cctive ' and standards. Sue:: determination ~ be final and conclusive. sr a'c. any a~,~o~.~:.:,, .. ,_ to hear and ~~;<,., ~~~.. ~hcreaf;:u~ , t:,c, Co~..:- a:~,,e:,c., r~odi~ _~, ~. ,1~~~~, rules, rec;ulatio~.s by the Council s:.~.il 5 AnV rule Or regulatlOri Or Stanuard aS aC;O.~teG, a~<<~,i:~..~'C:, modified, deleted, or o~c.ei~-~ise c;.angec bl~ ti;c Cot::c:~~ Fj Shall beCOIae eLfeCtlVe ~por: L:tC,' tenth (1~L:.) C:~t~/ i 0_-iGw- ing the adoption, of suci: resolution, unless a lo..g~r 7', period shall be otherwise provided in sue:: resol~atio... g (b) Rates g (1) Prior to granting any ~ra nchise hereunder t..~ Cou..cl-~, '~~ by reSOlUtlOn, Shall eStabl1S'fl aril f1X all. rc.tt'_S c.: C: 10 charges for the Basic Service, herein def~.ned, allo-~;u~l~ to Grantee, such as: 11 (i) charges for installation; 12 (ii) subscriber rates; 13 (iii) service charges for se~~arate classifications of 1~~ service (e.g., additional connections, enc.) 15~ ~nCe eStabllS heG, Si:Ch rates Or Char~.GS Snu.ii Welt ::~, changed at any ti~,~e after r,ranting of a fra::ci,.is~., e::- 16 cept after due notice and t.earir.g as provided :.~;rui:.. 17 (2) Rates anti charges for serv~ce~, other t:~a.. t:,~ .,~.:,lc :~c~- vice, shall also be approved by the Counci~ i~•1, r~,s~>-~~.- 18 tlOn, after dUe r:Ot1CE' and :ic'aring aS proV~C1~~: .~C~% ~::. 19 (3) In connection with ar:~~ ,ro~~osed- ch~.nc~ e of uny ~ u ~.~ ~:~ ~~_- Charges Of Grantee t0 S'~.DSCr1;~CrS 1;11i=1atCQ ;71~ c~i"u:.~=t'~', ~O Or the apprOVal Gf ratCS f Or aCiC::tlO:iay s~~-iVyC~ , ~.~ ..~~~ time after the grantinc; of a frai,chise, tine Cca,.c:~ ;_ ... 21 direct the chief adrlinistrative officer of t:: c. ~:~ _ ~ -moo COndUCt a 7~re11iuinarV .ricarlrg ~fit0 tCie sac-1ttE'~'. ~~ SG 22 directed by the Council, the City E~ciministrato-r Shall 1SSUe naS wrltteri nCt1CC ilr:ing cu::Cl ~~'~'~_1i:'; ~ ~~:":_.. 23 ' the day, hollr , aril place CCr~c:~:: w:: C:: u:iC. ~:';.o~ C ~.. _."- sons having any interes ~. therein may a?~pear ar.c, i~c ~.~,~~~ c:. ti4' The City Cleric shall cause sue:: notice to ire ,,.i~~,_.,,. ~. ~~ -~ in a newspaper o:_ ~;e..er_a~ cir_culatio:: ~~~i;~i~i:: ti.,~ C., ~, The Clty C1Cri: alSO Snail C~.USe c. CO'~~`j OT .,,, ~,.~ ,.~l i_~ tib to be mailed to ar.~1~ Gr~.ntee at ~'- - leas ~ ten ~ i0; ~.~.-- ~. ~~,_ t0 the datC SpCC1L1Cd ~Or t:1e :iC~tring. lit ~::~, tl:~.C ~L~ ~~ 7 - for such hearing, or at any ad~ournr„e :~ t:.e.~co~, .. City Administrator s:,al l ~~rocce~. ~~ o :.~ ~<<r ~.. _, 28 matter . Follo~~~inc~ t:.e close of s~uci; ~;c~~~ ing; , ~.._ City Administrator small prepare a :d fil~ ,,, ._.. ..~_. 29 City Council his rE;~or~, of t:.e hearin, , i,is :_~:.<<i. ~.:.c~ an opinion cor.tairing his rcco:~~:~enc;ations and ~,.~ .- - 30 sons therefore. ~'~f~.er the e:~piration of tc, (--~; c,:. ~., following receipt of tt~e City Administrators ~~- report and opinion, arci iL no objectio.~ hats ~c:c.. : ~~..~, thereto, the Council shall c:~:terr<<ine wh~.ther to u~"o ,~: -.-. 32 opinion or to hold a fur'~:i:er hearing, and si,ai.~ ~~~,:,.. :-~., resolution of intention Lo do so, describir.c; anti :~~~.~i.:~; -16- 1 any rates or charges to be ch~:n,ed, ti,e reasons oi_ ~.:. Council therefor, fi:~i;,g ~~rd setting for_t:z a duty, i.oL,~ , and place certain wi-ien and w:~e:-e any persons :.avi,_; ~,..1~ interest therein may ~,~ ~~cu-~ before the Co~:ncil U~~c~ :~c 3 ~ heard. Such resolutio : s.all direct L e City Clcr;. to publish the same resoluLio.. at least once wit:ti_n tc~:. (lu) ~~ days o~ tf.e passage L:ierco_ in a ne~~s~~a:~cr of c~cnc~~~;_ circulation wit'rlin the City. The City Cierr also .~:.al~ 5 cause a copy of such resol~ution to be I„ailed to t:.~ Grantee at least ten (l~) days prior to the date s~oci- 6 fled for hearing thereon. 7 At the time set for any furt:.er ':tearing, or at ar.y ad- journment thereof, the Council shall proceed to :e«~ ~.~.~~ 8 matter. 9 If Upon reCE?l~~t O1 YC3pO1"tc.nQ O`i1:.1O :, unQ t:.i' C~:{: ._y~.C~G.. Of Sald ten (10) dcty5 Wlt:i~iOi.;t Ot~]eCtlOn, Or fOi~G`:;1:.' ~..~ 10~ holding of a further hcar~. ,, if t:.c Council d~`,~~~~.:~_..~:~ tO d0 SO, the COUi:Cll S:~all f1nU that t.7C Ci:~::~~-1~:c C~._ ~."~ 11 rates or charges of Gra:~-tee to subscrir~e.-rs ~•~i:~~ i~~~ -,_«L tO the System ODeratOr cP.C: IDOL clC:~rl:'.t'ntal Or 1.~~.-..-..<~., :: 12 tO the IJeSt lnterCStS anC; WCl~are OT t:.C S~~.USC:":~,~ _,-.~ <..,_. USerS , and Of the Clty , L:.c':'', taE' COUrtCl l , .'~`! rC':_~r~~_~„--~~... ~ 13 shall authorize the chance of rates or c::ar~~•s o:. ~~~~~..~~.~_ to subscribers a;.d users as determined. Suc:. r~so~~ ~.~i~,:. 14 shall thereupon beco~~le acrd shall be a n<,r. t o~ al~~~ ~ ,_ ~.,.- chise grantee; thereunder a:.d a~~ected ti.c~reb1~. 1J (4) Neither the COUncll nor t.iC Gra .tC_e Snail, u5 tO r~-.~~:~, lu charges, SerV1Ce, SCI"V1Ce ~aC11.1tieS, r'uleS, regul~t~~G:".:~, or in any other res~~ect, ;,a;ce or grant any ~-~re~e~~el:e~~ or 17~, advantage to any person, nor subject any person to ~~re- judice or disadvantage. 18 25-0-120 - Permits and const-ructiort. i9 (a) Within thirty (30) days after acceptance of any francizis~~, ~~,._- 20 Grantee shall proceed witi,t due dilire.tce to oi~t~_tir. ~.~_ _ .,~ ~~_:~_.~- Sary permits anG a'utri O'`.Li~lOli3 Wi.~0:7 cite ~ C~"~_Ii~Cd ~:i ~ Cv.,- 21 dUCt Of 1tS bUSirieSS, lI.C1LQln<j, but nGt ltl;l~.ed tG, «;:'' utility ]Olnt USC attaC:U~:Cnt aCrGe;~lentS, i~~1C1"OWaVC CUrJ"~; ~._ 22 11CenSeS, and ally Othe'L' '~Gr:~l1tS, 11CGnSC3 anCl au~:iOriL~a~~.C):"_:; tO be granted by d'u'ly CGnSLlt'~,~GC. rC~f'ulutOr'~ ac~ellCle:, ii~,'/1.,.~: 2d~ jurisdiction over the operation of cable television sys~,~~.;,,s, Or aSSOClated m1CrO-Wave tra:.S: ~iSS1Gii faCllltle5. 2.4 In COnneCtlOn thE'reWlti7, CODleS Of all ?~Gl.]_'~lO;iS , a'~ii~~ ~C~.- r ~~ tlOnS and COiiiIlluniCatlOIiS SUi~:'litL~.U by tiiC? Gr~7ni=CC ~;C~ ~:~:~~ Federal Communications Co:~uni:_~sl_ol;, Sec~~.rities «I,d ,,;:c:;,~.;~;~:~ '' G ~- Commission, Or any OthCr fC'dC_'rai Or Sta~C. rCC;ulatGl'.~ C~~:.,;~, .~- SlOn Or agency haVing ~ UriShcCtlG:i In reS ~eC'~ LO u~i`,' ;~~~i ~. ~~~:::~ ~7 -, - affecting Grantee's cable television operations, s:ta~~ also be submitted simultaneously to t::e chief aa.<<inistrativ~ 28 officer. 29 (b) Within ninety (90) days after o~taining all necessarLL~ pc~:;,its, licenses and aut~;orizations, including right of access to 3~ poles and conduits, Grantee shall commence constructioi: ai.ci installation of the cable television syste~. ~]_ 32 -17- 1 - ~_ (c) Within ono year after the cGr:.:.;ence~i,ent o~ co.;s ~ruc~~or. ~...,. 1nStallatlOn Of the syste ~'~, Grun tC'e Silali ~ ~ GCe2C, LO ~ C_.C.~_'~~ SerV1Ce t0 SUbSCrl}i~iE3~"S, anCi ~.:i? CG::~~1C?t1O:7 G~ ~.~C i:~Si:~ ~_ ,_ _,.=yG,. and construction. shall be pursued with reasoner:plc dil ~~c.:cam 3 thereafter, SO that Sc'_tV1CE' tO ail Of i-:iE) arEaS GC'S~C.Z~,~~;~, and scheduled on the .ma-~ ar.d ~~an of construction. .:.~:.~.~ ~~art 4 of the franchise shall be provic:ed as set forth therein. J ~ - (d) FallUre bn the part O tnG- hru;.i.EC' t0 CO;iu~~QT-'iCC UnC~ C:ili~~~_':Z~._-,, pursue each of the foregoin , ~ ecuirer:~ents and to co:-,~~lc ~.._ _~.cr. 6 of the IllatterS SC_'t LOrtI'i fiL'.i'.C'~.., Si7uil ire ~~rOL:i.C15 ~Or i~C~.~;..- ation. of such franchise. 8~:~ resolution, t:.e Co~~:rci~, ~.: L-,~.~ 7 discretion, ma~~ extend the ti:;;c fGr the co-,,:<<cr.ce: <<~ :~ ~._:,;: ~:,~,:..- pletlon Of 1nStallatlOn. and CG::S~ruCtlOn fOr aC:G~t:O;:~~~: ~~.:-- lOdS In the eve.;t the GranteE;, actync~ i:; gGOC. malt.:, ~:::~_~- lenCeS delays tJ~l reaSO:. O~ Cl~ Cup:,StanCCS i~~:~1O:~G h~S CG:i ~~ O~ . j By acceptance of t.1e fra nch~se c;ru:~ted .;c~reu .dcL , G~~:..,~~„ 1~ agrees that failure to cG.:,pi~~ wit.: a.;y ti~r,c~oquirc-.:~~n~:: referred to in subsections (a, , ~~) and (c) of t:;is sec~~~c,n LJ' W111 reSUlt In Ca:'i~agC tO the Ci ~~~ , ai;G ti.a% i'~ is u:;C: W:~ . _ ,~C. lmpraCtlCable tO dCtCr:~liiZC lr:iC° aCi.~Ual arho~~:nt Oi SL.Cii C.~-.:_,. 12 In the event Of delay/~ ~.:.C: Gran~,;Ce tn.erC'fOre aCj~~tes a:~a-:, ~ ,.. aCldltlOn tO any OtiiE3r da::,uge S'u~~CreG b;7 Clt~?, ;;C 4.'l~.- ~:- '~ ~_:~ 13 City the sum of $25.00 ~cr da•~ for each ar.c: ovcr1 ~:~.•; '.~ .~ ;~ beyond the time prescribed, plus authorized cxtci;sior. ~..c,~~-- 14 of, for completion of any of t:;e acts re;uircd to :~o c~G..c~ :~1~ this section. 15 (e) Grantee shall utilize existing ~~oles, conduits, a:;d Gt~_;~~r 16 faC111tleS WlieneVCr pOSS1U1e, unG Snc:i~. n:G~ CG:,c~`~~~.C~. ~~~ ~.-.- stall any new, different, or additional poles, cond~~~.:;, o~ r .Lr Other faC111t1eS WhetnCr On p1::~11C ;~rO:~i_:-~t~' Gr G.; ~~~1V~,~~_~_;~- owned property unless erne. until first sccurin~ the ~•~ri~.~.:; 18 approval of the City Adn,~ir.istrator 1~ ~'~l;eneVer Gr"aI"'itCC,' Si7a11 nGt '~:ti~l'Lt' C,;:~:~~i::Cj i~GiC;:,, CO:;~.~.-~~_:> and other facilities, or wi,:e.;wcr existing condui~s ~,:;~:. ~~ Other faCllltles Shall ire iGC~aCC: benE>'a~i; t,C SLi~~~.C~ lJ. ~.~,~_' Streets, Or WheneVCr tnC C1ty S:;ayl Undertui~e a '~rG';~ ~_u .- ~l signed to cause all ccr.duits ~.nd ot:.er facilities ~,_ :~~. ,_ ,_ .- ?2 ted beneath the Surface of tr.c streets In any area Gr ~.:. ~ . ..- Out the City, in ti.e ehc~ else o~ ~ Ls 'Jolicc ;~GwU~ G. ,,_ .. ,.. 23 to the terms hereof, upon. re«:~on.ai~~c~ z;Gtice to Gr~L:-.,_~.,•, , such conduits or other' facilities of Gr~.n~~ce s:;~.l ~ ,~~ _ ..- StrUCted, Installed, piaCeCi, Or replaced :fie:;eat:: ~~C o..~._~,cC. ~'4 Of the Streets. Any COnS~t1'L1Ct1O n, 1nStaliat~O::, ~~~.C~'~:~~_'.-.~, replacement, or chan,;es w:.ic., r:«,y ire so rec;uired sl;~~ ~i :.~, :..~.c.~_,~ ~~ at the CXnenSC Of Gra..tCC, W hGSC COStS SiZuli '1:iC: C;C:t~~:~:°«.:~.~. as in the case of public utilities. ~', b ,~~ (f) The City shall have the right, free of charge, to :.«.r:~ ~,c:,:~- ,, ~ ~_ tional use, for any public or :nunlcipal pur~~ose, ~•~,.~~~.~~~~ ~;ov- ernmental or proprietary, of ~.r.y poles , conduits , or G,.:.~ ~_- 2~3 similar facilities erected, controlled, or :;aintai.~d ::Gl ,l- ively by or for Grantee in a,.y street, provic:ed suc:z use ~1, ~g City does not interfere with the use by Gra;.tee. 30 JL ~4 -18- 1 (g) In those areas of the City w~i.ere the transmission or dis~:-~- bution facilities of the respec~ive public utilities provic~- 2 ing telephone, COi,li ~'~UnlCatl O:: a:i Cl elC Ctr1C SCrV1CCS are i...l.c.r- ground, Or hereafter arC plaCCQ u:.C;ergrOu:"_C. , ti1C G~ u:1tCC 11kCW1Se Shall COnStrl,Ct, O:~Crc."~~? a: d r,,,alntal:: ail GL :il:~ transmission and distributio : Facilities unciergroui~d. ~ho ~_,- _. ~~ ~~ ` 4 underground small i:.clucie a partia~ underground systc:,_; ~~~-o- V1ded, that Ui~On Ob tali,lnG ~i1C P;ritt Cn aj7prOVai O~ ~.:.1, 5 City Administrator c.,l;; ~li~ lets in the Gra..tec' s ;~r~._s.,.i.;- SlOn and dlStrii~lltlG:7 i1nCS :,la':~ ;;C pic~CG'C: lii a~~prG`~rict'~L' .i0'~::~- 6 ings upon the surface of the ground. r l h) - _ The Grantee at his e::pez.se snali ,~roter_~, su:~:~ort, ~c:.,~~G.-,_.~ . disconnect, relocate, or re::.ove a:~y :~ro:~ort~,~ of Gra .~~o ....~,., 8 in the opinion of the City Administrator t:~~, ._,,.:. _ is required by reaso:, o~ t~e~~c con~~ition_s, ~;~~~biic :~.-:,:~,~•~, 9 street vacation, freeway or street co:~struceon, c~_,a:.~~~ c, :. ~~ establishment of street grade, instal~atio:l o~ ~~~::,~~ :~ , c:.-~.-~:..; , 10~ waterpipes, power line, sig,.al ~~ne, t~a:~sportutio:: ~~.ci,_i,:~~.:,, tracks, or any other ty yes cf structu.~c or i:.,°~rov~::,c::ts 11 governmental agencies ~~~.ether ~.c'~.i:.c; in ~: covey~.,,:~en~~~.1 ~,.~ ~, proprietary capacity, or any c'~:.er structure or p~.:~lyc -.:.- 12 p.rovement, including but not li._~ited to movc:,~cnt ol: i~~~l ;_~, u:._:~~ "; , urban renewal and redeveiot~.,,e..t, and a :y c;c;,.~~ al ;~rc~ ; -~.. , ,,..~. _~ 13~ which the City shall unde-rtar:e to cause ail such pro~er,__;_~~:s to be located beneath the sur~ace of the ;rouna. ~.,_ i;r~,..,_~_~. 14 shall in all cases have the ~~rivilege, subs ect to ~~.~~~_~ cc~,-~ ~~:,- ponding obligations, to abar.do.~ a:.<<~ :~ro~~~~~~~ ~y o~ Gr~_...~~~~~_: ~.. 15 place, as herein provided. .:othing hereunder shall ;,c ~:~,e:.;~.c. a taking of the property of Gra:.tce, ar.d G~~.:.;~ec s:1~::Li. i~~. c.„- 1G titled to no surcharge by rcaso:, of anything herour.der. 17 ~ (i) Upon the failure, refusal, or ::eglect of Graf:-tee to c<:~.:,~_, ...~~~ r~;,,~_..~~1~ work or other act required by yaw or hercu:.er to be 1~3 _ completed in, on, over , or candor any street wit'iliii ~...•- ~..~~~ prescribed therefor, or ego:: notice riven, where :-.~; ~.i.~,~; ~., 191 prescribed, the City Acuninistrator r,~ay cz.t;:.c. .~._..~:~ work or other act to be ecm-Meted ~n whole or in ~~~.r~, .:.~. . 20 upon so doing shall sub::,,it ~~o e-~...tc:c «., itc:~~~_zc~: .;,~;.,_ .. Of the COS"tS thereol ~.,C G1"~.:.ti~C :.~,lali, ~•;~t:.l:. _..-,_.- 21 days after receipt of such state:,ent, pay to the Cite ,.:.~~~ ~..- tine amount thereof. 22~ (j) In the event that, 23. (1) the use of an~~ part of the systen,~ of Grantee is c:i:;~c:.- 24 tinued for any reason for a continuous period o~ t:". ~.-,. (30) days, witi.out prior written notice to and ~~"~;~ ov~.~ 2:~ by the City; or ~~ tib (2) any part of such syste::~~ has been installed in ~,r.y ~.-ec.,. or other area without complying with the rec,-~,ire:,,cnts ~7 hereof; or 2B (3) any franc:.ise shall be tcr:,'.inated, canceilCd, or :~:,~_.i,~ expire, thou the Grantee s:lail, at file o~~tioi: o~: -.. _ 29 Clty, and at tnC CxpCnSC O~ Grantee ai.d at i:0 CX~~t~:.:,~: ~G the City, and u;~on e: ~a:~d of tiie City, pror,~ptly ~ ._, ,:,~: 30 from any streets or other area e_1 ;~re,erty e ~:-a.. ~ _ ~ ~, and Grantee shall prorl,~tly restore ti~_e scree- or r,~~:,,~:- 31 area from which such y~roperty ..as been realoved ~o ~L.C,1 condition as the City Administrator shall 32 approve. -19- 1 The COUnCil iilal~, u:~On wrl;.~C:. appilCatlO:: t.lcii~LO~ .~-' ~~ Grantee, apprOVe t:.e uUu:1C;O:u"1-~ent Oi any Of Sl:C.: ~0',~~:",~'ll 2 in place by Grantee and under sue.. ter.:,s a..d con~.~t~:-~:-.s as the Council may prescribe, tipon aba:zdon~<<cnt G~ ~...•~ such property ir, place Grantee s.al~ ~ .. ' cause c.G .,c ~..~.- cuted, acknowlcdgod, ar.c: delivered to the Cit~,~ suci~ i..- ~~ struments as the Cit1~ '~t~crr.e~l~ shall ~~resc~~i:~e a.:~i approve, transferring a:~ci conveyi:,g the ownership G 5 such property to the City. ~' 25-0-130 - Miscellaneous provisiG:~s. l (a) A franchise granted to ~~rovic;c service wi;~';i;~ the Cit°~ .,,, ,~~ aUthorlZe and permlt ti.e Gra:.tCC tG SOliClt, Sell ~ C.l:~ ~~ ~.~~~ ~ and make a charge to sub~~cri:~crs e~iti:in t::e Cit1~ ~cn~ co:.:-.~,c~~-c .. to the cable television syste~.,. of Grantee, anci shell a1:~~~ 9 authorize and permit t:.e Gran~ee to traverse an-~ -,o,-'_ic.: c;= the Clty In Order t0 ;~rGV1C;c, Sc'_rV1Ce G'u~SidC the Cit';'. 10 (b) ~ francnlse, eaSe::lerit, 11GenSe Gr Gi=.nCr ~Cr;'".1L Cj~u:i~('C: ~~~ ~- 11 one other than the Grantee to traverse a :~~ ~ortic.~ c1: 'c:.~~ ~.~•~, In Order t0 prOV1C.C sCrV1Ce O'utS1C.C i~:'le Clty Saa i~i nG~. uu~..G._- 12 1Ze nOr permit Sald perSOn t0 SOl1Clt, sell, C.i:~t1"1','iutc~, ~~," make any charge to subscribers wit in the Cit1~, nGr Lo rc...~_.~_~ 13 any service or connect any supscriber wit::in the Ci.~1, tG ~.:.~: cable television service syste;~ of Grantee. 14 (C) i~0 franchise granted unC.er ti:iS G C:l:".unCC Siail c~VC~~ 1~~. :'~~•;: 15~ any value by any Court or oti~er auti~ority, publ-ic or p~-iv-,~e, In any prOCeedlrig OZ anV nat~.:rC Or Ceaeafter , C•7.ierC'i7i Gr ...,~=;i-C- 16 by the City shall be a party or affected therein or ti~cr<_;~~~. 17 (d) Grantee shall be su':~jec~ to ail provisions of ti;e oti.cr or,;..- ances, rules, regulations, ar.d s~~ecificatio..s of t.,c Ci~:•; :.~r~.- 13 tofore or hereafter adorted, ir.cludinr, but not li:~,•,i ted t~~ thOSe pertaining t0 WOr~CS ana aCtlVitieS iYl, On, GVe~ , ~.::~.e~ i9 and about greets. `' 0 `-' 11nV pr 1V11Cge Clal;~,iCG undCr ~;.i<<~ ~ranCiilSC ~Jru:.'~CC. ~"~',.]":~~: .-. ,_ ~;, th1S OrdlnanCe iIi ally StrCe~i. Or Gtiici ~'u1~liC irGpi' ~~ 21 ~ _ _._ .,., ., ,_ ., subordinate to any prior iaw~ul occupancy o~ the scr~~.~s o~ oti-Ier public property. 22 Grantee alSO Shall ;~C S'uU~CCt t0 "~:~C ?~rOVlSlO:.S G~ ~~(,..~_, ~_i.L `~' `"J Of tale State O~ CallfOrnla, Or aS ;1CrCaftCr a;;,CnC.e~~, `~:.~:',, appllCable t0 i.~i:~ OXC~ C1SC O~ al:`7 '~~ iVile ~ e CGnLai:~.C~. ~.. a:.'~ 2~2 f.ranchise granted under this ordinance, i:.cludinc; ;~~„~ nc llnllted t0 t:10SC pertalnin~; tG ~•IGrr,s arld uCtlVltles lI1 ~..'.c, =~' about State higizways. 2 b .= (e) Grantee shall be prohibited ~roa,, directly or indirectly dol:~~ any of the following: J 27 (1) engaging In the OuSlneSS O~ selll;.g at re~~ail, l.ca~~~nC, 28 renting, rep~rir.g or servicing of television sets or radios; 29 (2) imposing a fee or charc;e for a n~~ service or rc~~air to 30 subscriber-owned receivir.c~ devices except for ~.he cc:::.ec- tlOn Of 1tS SerV1Ce Or fOr ti7e detCr:llnatlOri by Gr<;.::tC(: `'1 of the quality of its signal to the recipients ~nereo~; 3~ -20- 1 (3) soliciting, referring, or causing or per:,ittir.c; t;,e so~i- 2 citation or referral of i any subscrib er to persons er.gagcd n any business herein pro:,ibited to be engaged in by Grantee. 3 4 (4) providing information c oncerning the viewing patter..s o identifiable individual subscribers to ar.y person, grcu-~ or organization for any purpose. ` 5 6~ 7 8 9 10' 11 12 131 14 15 16 17 (f ) If the Federal Co.< < unications Co: ~~ission or the P,~i~lic ~ ~i~i- ties Commission of the State of California or ar.~.~ ot'..~:- r cd- eral or State body or agency s::all now or hereafter exe:~c~se any paramount jurisdiction. over the subject r~~atter of u:.y franchise granted under this ordinance, then to the e:;~cn.t such jurisdiction shall pree:~pt or preclude the exercise of llke ]Ur1ShcCtlon by ti.e Glty tn.e ]urlSdiCtlon Oi tn.e G1tV shall cease and no longer exist. 18 (g) 19 20 The preemption or preclusion. of the exercise by t~::e Cit,.~ of any of its police power shall not diminish, im,~air, alter, c~ affect any contractual benefit to the City or Gra :tee i.or an1~ contractual obligation of the Grantee under any franchise issued hereunder. Any and all minimum standards governing the operation of Gr~.r.;~- ee and any and all rnaxin,um rates, ratios, and c:.arges s ~cci- fied herein or in any franchise issued hereunder, e:;ist~..c; r.o~-~ and at any time in the future, including such ti~,~e as ~.,,1, paramount jurisdiction, shall preerlpt or precluue that of t::c City, and any and all rights, powers, privileges, and a,.~i,o.-- ities of the City to determine, establish, or fix any of ~:~e same, are each and all ~creby declared by file City and :~;~ any Grantee accepting any franchise hereunder to be contract- ual in nature and to be for the benefit of the Cit~i. When not otherwise prescribed herein., all r,~atters hcrei re- quired to be filed with the City shall be filed with t:.e City Clerk. 21 (h) No person, firm or corporation within the service area o~- ~:,c~ Grantee, and where trunk linos are in dace, shall be refuse: service; provided, however, that the Grantee shall not :~e r~- 22, quired to provide service to any subscriber who does not pa1~ the applicable connection fee or service charge. 23, 24 (i) Before providing cable television. service to any subscriber, the Grantee shall provide a written. notice to the subscriber substantially as follows: 25 "Subscriber is hereby notified that in providing ca:~lc ,~el~- 26 vision service the Grantee is making use of public rich;~s-of- Way Wlthln the City Of TUStln c'a:.d tiZat the COntii'1L:E.G L:S~~ Oi ~7, such rights-of-way is in no way guaranteed. In the eve.: 28 the continued use of such rig: is-of-way is denied to Grua:~ee for any reason, Grantee will .;sake every reasonable effort to 29 provide service over alternate routes. By acc~ptinc c~:ble television service, subscriber agrees he will make no cyai:,,~ nor undertake any action against the City of Tustin., its SO officers, or its employees if the service to be provided :.or~:- 31 under is interrupted or discontinued." (j) The form of the Grantee's contract with the subscriber shall 32~ also be subject to approval of the City. -21- i 11 25-0-140 - Equal opportunity employment and affirmative action plan. 2, In the carrying out of the construction, maintenance and operation 3~ of the cable television system, the Grantee shall not discriminate against any employee or applicant for employement because of race, 4i, creed, color, sex, or national origin. 5' The Grantee shall take affirmative action to ensure that appli- cants are employed, and that employees are treated during employ- 6' meet, without regard to their race, creed, colon sex, or national origin3 Such action shall include, but not be lirllited to, the 7~ following: employment, upgrading, demotion or transfer, recruit- , meet or recruitment advertsing, layoff or termination, rates of 8' pay or other forms of compensation, and selection for training, including apprenticeship. 9 ~, The Grantee shall post in conspicuous places, available to employ- l0l ees and applicants for employment, notices setting forth the pro- visions of this non-discrimination clause. 11, The Grantee shall, in all solicitations or advertisements for 12 employees placed by or on behalf of the Grantee, state that all qualified applicants will receive consideration for emplo~rnlent 13~'i without regard to race, creed, color, sex, or national origin. 14~ The Grantee shall incorporate the foregoing requirements in a]-1 of its contracts for work relative to construction, maintenance and 15' operation of the cable television system, other than contracts for standard commercial supplies or raw materials, and shall require 16 all of its contractors for such work to incorporate such require- ~ meets in all subcontracts for such work. 17. ~'~ 25-0-150 - Violations. 18' ~a) From and after the effective date of this ordinance, it shall 19 !; be unlawful for any person to construct, install or maintain i within any public street in the City, or within any otYier 20' public property of the City, or within any privatel~~-ownccl ~' area within the City which has not yet become a public street 21' but is designated or delineated as a proposed public street 22j on any tentative subdivision map approved by the City, any equipment or facilities for distributing any television sig- nals or radio signals through a cable television system, un- 23~ less a franchise authorizing such use of such street or ~, property or area has first been obtained pursuant to the hr_o- 24~ visions of this ordinance, and unless such franchise is in 25 full force end effect, or approval for the installation of such conduct has been given by the City Council prior to the 26 ', effective date of this Chapter. 27'.~ (b) It shall be unlawful for any person, firm or corporation to make or use any unauthorized connection, whether physically, 28 electrically, acoustically, inductively or otherwise, with ', any part of a franchised cable television system within this 29 City for the purpose of enabling himself or others to receive !' or use any television signal, radio signal, picture, program 30~ or sound, without payment to the owner of said system. 3], I,' It shall be unlawful for any person, without the consent of the owner, to wil£ul.ly tamper with, remove or injux'e any 321; cables, wires or equipment used for distribution of televa.- ~' sion signals, radio signals, pictures, programs or sound. ROURKE & HOLBROOK ATTORNEYS AT LAW I (:ROCK~R-CITIZENS BANK BUILOINO Y00 NORTH BROADWAY SANTA ANA. CALIF. TfiL~RrHONE D47-8191 ~' - 2 2- l 25-0-160 - Severapility. If any section, subsection, sentence, clause or `~hr<<se o.. ti~_s 2 OrdlnanCe 1S for any reaSOn. iie~C: 11~CCjFil, 1nValiC1 Or L1I:CO;:S~i=~_tLl- ~ tlOnal bV trle C~eC1SlOn Oi= a21V CGtir~ Of CO:;I'~CtCn~~ ~iiilSC;~C~~lc~::, SllCn deClSlOn Silall I10t affCCt ~.le Vu~iQlt~t7 O~ t,'1C rCi(~c~lin~~;~j '~C-i1"- 4 tions hereof . The Council erei~y ~ieclares teat it ~•~oulc: :r_,v:~ j7aSSE,'d thls OrdlnanCe anc: eciC:7 SC'CtlOn, SUb-SCC~lOn, SCi7tC'::~:(', ClaUSe, and ~rlraSe hereof , 1rreS'~eCt~Ve Of t:ie fact t:7ut u..'.' G::C or more sections, subsectio.:s, sentences, clause:, or ~~~.r~,:;~,:; ;;~~ 6 declared illegal, invalid or unconstitutional, l:.e inv<.li,~~,~~~ o any portlOn Of th1S OrC.lnc~nCe ShaL~ .,Ot al~~ite, reC:UCe OY' Gt::~~- 7 wise affect any consideration or other obligation. rer.uirec~ o~ -i.o Grantee of any franchise granted ::ereunder. 8 25-0-170 - Effective Date. 9 This ordinance shall beco„e effec~ivc t..irty (3u) days pro.;, u.:c, 10 after its passage. 11 12 PASSED APJD ADOPTED at a regular meeting of the City Council 13 of the City of Tustin, California, held on the 16th day of 14 __ April 1973. 15 16 17 18. 19 ATTEST: 20 21 __ -~- ~~ czT cLEr~~ -i. u~ 24 ~'5 ~6 ?7 23 ?9 30 ~~ 1 32 ~., ~ ; NIA~~ R -23- STATE OF CALIFOP.IVIA) COUNTY OF ORANGE )ss CITY OF TUSTIN ) RUTii C. POE, Cite Cler}: 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 above and fore- going Ordinance No. 581 was duly and regularly introduced and read at a regular meeting of the City Council held on the 2nd day of April 1973 and was given its second reading and duly passed and adopted at a regular meeting held on the 16th day of April 1973, by the following vote AYES : COUNCIL'-1E?J SALTARELLI , LANGLEY , MILLER, ~~OODRUFF NOES : COUNCILP~IEN NONE. ABSENT: COUNCILMEN WELSH .~--- _ ~: _ ~ --~~~_ ~_ City Clerk, 'ty of Tustin, Ca_lifornl