HomeMy WebLinkAbout1990-01-23 - ORDINANCES - FRANCHISES (2)ORDINANCE NO. 89-28
A SUMMARY OF AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA CLARITA, CALIFORNIA,
AMENDING THE MUNICIPAL CODE TO ADD
TITLE 4 RELATING TO FRANCHISES
SECTION 1. The Municipal Code for the City of Santa Clarita is
amended to add Title 4, Franchises, to read as follows:
TITLE 4. FRANCHISES -
DIVISION 1 - Basic Franchises
Chapter 4.01 Scope of Division
Chapter 4.02 Definitions
Chapter 4.04 General Regulations and Conditions
Chapter 4.06 Compensation
Chapter 4.08 Construction
DIVISION 2 - Cable Television System Franchises
Chapter 4.10 Definitions
Chapter 4.12 General Requirements
Chapter 4.14 Application for Franchise
Chapter 4.16 Compensation
Chapter 4.18 Construction of Facilities
Chapter 4.20 Service, Rates and Consumer Protection
SECTION 2. The provisions of Section 1 of this Ordinance
specifically supercede Division 3, Division 3a, and Division 4 of Title 16 of
the Los Angeles County Code previously incorporated by reference into the
Santa Clarita Municipal Code.
SECTION 3. The City Clerk shall cause a summary of this Ordinance
to be published and a certified copy of the full text to be posted in the
office of the Clerk at least five days prior to the City Council meeting at
which the proposed Ordinance is to be adopted. Within fifteen (15) days
following the adoption of this Ordinance, the City Clerk shall again publish a
summary of the Ordinance with the names of those City Councilmembers voting
for an against the Ordinance and the City Clerk shall post in the office of
the City Clerk a certified copy of the full text of the adopted Ordinance
along with the names of those City Councilmembers voting for and against the
Ordinance.
PASSED AND APPROVED this 23rd day of January 1990.
Pte'+
J#IAnne Darcy, Mayor
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF SANTA CLARITA )
I, George Caravalho , City Clerk of the City of Santa Clarita, do
hereby certify that the foregoing Ordinance No. 89-28 was regularly introduced
and placed upon its first reading at a regular meeting of the City Council on
the 12th day of December 1989. That thereafter, said Ordinance was
duly adopted and passed at a regular meeting of the City Council on the 23rd
day of January , 1990, by the following vote, to wit:
AYES: COUNCILMEMBERS Boyer, Heidt, Koontz, McKeon, Darcy
NOES: COUNCILMEMBERS None
ABSENT: COUNCILMEMBERS None
IA
r e Carava ho, City Clerk
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ORDINANCE NO. 89-9R
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA CLARITA, CALIFORNIA,
AMENDING THE MUNICIPAL CODE TO ADD TITLE
4 RELATING TO FRANCHISES.
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. The Municipal Code for the City of
Santa Clarita is amended to add Title 4, Franchises, to read
as follows:
PDT/ORD96358
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TITLE 4
FRANCHISES
Division 1
BASIC FRANCHISES
Chapter 4.01
SCOPE OF DIVISION
4.01.010 Applicability of Statutory Law.
Nothing in this Division snail mocilzY or sunersede any
provision of the general law for the state of California
regarding the sale of franchises by the City, including
Division 3 of the Public Utilities Code.
4.01.020 Basic Franchises. All franchises
awarded by the City sha11 be awarded pursuant to this
Division 1 unless the award of franchise is explicitly
provided under some other provision of law.
Chapter 4.02
DEFINITIONS
4.02.005 Director. "Director" means the Public
Works Director of the City or assignee.
4.02.010 Facilities. "Facilities" :Weans all
property of the grantee, including service connections with
the grantee's facilities, whether installed by the grantee
or not, erected, constructed, laid, operated or maintained
in, upon, over, under, along or across any highway pursuant
to any right or privilege granted by the franchise.
4.02.020 Franchise pavment period. "Franchise
payment period" is:
A. If the franchise grants to a public utility or
to a mutual water company a right not theretofore in
existence, the fifth year after the effective date of the
ordinance granting the franchise; or, at the option of the
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grantee, any shorter period of time, and each year there-
after, during the life of the franchise.
B. In all other cases, including all franchises
granted to persons who are neither public utilities nor
mutual water companies, the first year after the effective
date of the ordinance granting the franchise; or, at the
option of the grantee, any shorter period of time
immediately following the effective date of the said ordi-
nance, and each year thereafter, during the life of the
franchise.
4.02.030 Franchise report period. "Franchise
report period" in all cases means the first year after the
effective date of the ordinance granting the franchise; or,
at the option of the grantee, any shorter period of time
immediately following the effective date of the said
ordinance, and each year thereafter, during the life of the
franchise.
4.02.040 Grantee. "Grantee" means the person to
whom the franchise is -granted, and any person to wnom it
lawfully may be assigned.
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defined in the Streets and Highways Code for the State of
California and over which the City has jurisdi
franchises. ction to grant
4.02.050 Main-. -":Main" means anv pipeline,
conduit, direct buriedd_ine or any distr_but_c::=acili-y
laid along or approximately parallel with and in any hichway
for the transmission or distribution of electricity or any
substance or commodity.
4.2.070
means the Director ofRFinanceCoflcheocity, r. goreassignee.
nue ector"
4.02.080' Service connection. "Service connec-
tion" means the wire, pipes or conduits connecting the
building or place where the service or commodity supplied by
the grantee is used or delivered, or is made available for
use or delivery, with the supply line -or supply main in the
highway or with such supply line or supply main on private
property.
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Chapter 4.04
GENERAL REGULATIONS AND CONDITIONS
04.04.010 Title for citation. The franchise
ordinance codified in this Division 1 shall be known as and
may be cited as "the basic franchise ordinance."
4.04.020 Rules, regulations, terms and
conditions applicable. Every francnise granted by the City
for the use of City highways for any purpose, except as
otherwise provided in the ordinance granting such franchise,
shall be granted upon and be subject to such of the
following rules, regulations, restrictions, terms and
conditions as are incorporated therein by reference, in
addition to the rules, regulations, restrictions, terms and
conditions set forth in the ordinance granting each such
franchise.
4.04.030 Franchise grant not exclusive. The
granting of a franchise or any or the terms or conditions
therein shall not be construed to prevent the City from
..- granting any identical or similar franchise to any person
r other than the grantee.
4.04.050 Anolication. The application for a
franchise shall be filed with the Director.
4.04.060 Term of franchise. Unless the
ordinance granting the=rancnise provides otherwise, the
term of the franchise shall be 25 years.
4.04.070 Acceptance of _franchise. The grantee,
shall within 60 days after the passage of the ordinance
granting the franchise, file with the City clerk a written
acceptance of the terms and conditions of said ordinance,
including such terms and conditions of this Division.
4.04.080 Surety bond recuired when -- Amount and
conditions. The notice of sale may require that the grantee
snail file, within the time specified therein, and at all
times during the life of the franchise, keep on file with
the Director a corporate surety bond running to the City in
the sum of S1,000.00, or such other sum as may be
specifically provided in the said notice of sale with surety
to be approved by the Director, conditioned that the grantee
snail well and truly observe, fulfill and perform eacn term
and condition of the franchise and that in case of any
breach of condition of the bond, the whole amount of the
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penal sum therein named shall be deemed to be liquidated
damages, and shall be recoverable from the principal and
sureties upon the bond. If the bond is not so filed within
the time aforesaid, the award of the franchise may be set
aside at any time prior to the filing thereof, and any money
paid therefor shall be forfeited; and if an ordinance has
been enacted granting the franchise, the Council may repeal
such ordinance. In the event that said bond, after it has
been so filed, shall at any time during the life of the
franchise become insufficient, the grantee, by accepting the
terms and conditions thereof, agrees to renew said bond with
sureties to be approved by the Director within 10 days after
written notice to do so from the Director.
4.04.100 Notice of sale -- Deposit to cover
costs. Prior to publication or the notice of saie, the
applicant for a franchise shall deposit with the City Clerk
a sum which the Clerk estimates to be ample to cover the
cost of such publication.
4.04.110 Notice of sale -- Costs -- Disposition
of extra :ands. The cost or Duplication or the notice of
sale of a franchise shall be paid from the monev deposited
by the applicant. If the cost of publication is 'ess than
the amount deposited the Clerk shall:
A. Refundthe difference to the applicant if the
franchise is not awarded to the applicant;
B. Apply the difference to other moneys due to
the City from the applicant ander the terms of the "ranchise
if the franchise is awarded to the applicant.
4.04.120 Mar) of fa
S -- Annual filing regu
es installed i
A. The grantee, except the grantee of a franchise
for a railroad track, shall file with the Director, within
90 days after the effective date of the ordinance granting
the franchise; and each year thereafter within 90 days after
the anniversary of the effective date of the ordinance, -a
map or set of maps, each drawn to a scale not smaller than
40O feet t -o one inch, showing in detail the exact location
and size of all facilities, except service connections used
by or under the control of the grantee, installed beneath
the surface of the highways described in and maintained
pursuant to the authority of the ordinance granting the
franchise.
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` E. The map or set of maps filed pursuant to the
provisions of this section shall show in detail the location
Of such facilities, excluding service connections, which
shall have been laid, constructed or abandoned subsequent to
the filing of the last preceding map or set of maps. Each
map or set of maps shall be accompanied by an affidavit
endorsed thereon and subscribed and sworn to by the grantee,
verifying the correctness thereof.
4.04.130 Public utility Franchises -- Value
agreement. The grantee of any franchise awarded to a public
utility, by accepting the terms and conditions thereof,
stipulates and agrees that in any proceeding for the purpose
of regulating the rates of the grantee, no greater value
shall be placed upon the franchise than the actual cash paid
therefor by the grantee, including the cost of advertising
paid by the grantee.
4.04.150 Pavments to City -- Service connections
excluded when. Whenever the iength cf any wire, pipe or
conduit is a factor in calculating any payment due under any
franchise granted by the City, all service connections snail
be excluded in determining such length.
4.04.160 Pavments to Citv -- Publishinc and
advertising costs. _he grantee snail pay :he— Ci:.; within
30 nays after receiving a statement therefor, all
advertising and publishing costs, including the cost of
publishing the ordinance, incurred in connection with the
granting of the franchise, minus the amount, if any, which
the grantee has deposited. The grantee snail not receive
credit for any deposit made by any other person.
4.04.190 Report of annual cross receipts --
Filing time.
A. The grantee of any franchise awarded to a
public utility or a mutual water company, except a franchise
for a railroad track, shall file with the Revenue Collector
for each franchise payment period, within 90 days after such
period, two copies of a report verified by the responsible
officer of the grantee (except where the grantee is an
individual, in which case the report shall be verified by
the oath of the grantee) showing the total gross receipts of
the grantee for the franchise payment period, received or
accrued in connection with the furnishing of the commodity
or service arising from the use or operation of the
franchise, together with such additicnai data as is
necessary in the discretion of the Revenue Collector to
calculate or verify the calculation of the annual payment
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(or the pro rata thereof for the first period if the first
period is less than one year) and which payment shall be
paid concurrently with the filing of the statement.
3. in the event the amount paid is incorrect in
the judgment of the Revenue Collector, it may order the
payment of such additional sum as it may find due.
4.04.200 Remort of annual cross receipts --
interest charted on late navments. Should any annual report
and accompany -ng payment be not made within the 90 -day
period therein mentioned, the grantee shall further pay
interest on the amount due under that section at the rate of
ten (10) percent per month from the last day of the
franchise payment period for which such payment was due.
4.04.210 Richt to examine records and
facilities. At all reasonapie times, the grantee shall
Dermic anv duly authorized representative of the City to
examine ail property of the grantee erected, constructed,
laid, operated or maintained pursuant to the franchise,
tcgether with anv appurtenant property of the grantee, and
to examine and copy any and all books, accounts, papers,
maps =-no --zner records kept or maintained by _he grantee or
r under _ts control regarding the operations, affairs,
transactions, property or financial condition of the
grantee.
4.04.220 Liabilitv for damages. The Grantee
shall indemnify, defena and hold the Ci_yr its officers,
agents, and emp_lovees harmless from and against anv_ and all
loss, damages, 'liability, claims, suits, costs and expenses,
including reasonable attornev's fees, defense costs and
legal fees, regardless of t:ze merit or outcome of any such
claim or suit, claimed, arising from or connected with the
grant, exercise or enjoyment of the franchise, the grantee's
franchise operations, and the use, operation or maintenance
of the facilities erected, constructed, laid, operated or
maintained under the franchise.
4.04.230 Sale, lease or transfer of Franchise --
Terms and conditions.
A. The grantee shall not sell, transfer, assign
or '_ease _he franchise, or anv part thereof, except with the
consent of the City Council. Such sale, transfer,
assignment or lease shall be made only by filing with the
City Council a copy of the duly executed instrument of such
sale, transfer, assignment or lease, and a written request
for the consent of the Council to such sale, transfer,
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assignment or lease. If such duly executed instrument and
such written request is not filed with the City Council
before the expiration of 60 days after the effective date of
such sale, transfer, assignment or lease then, upon the
expiration of said 60 days, the franchise shall be subject
to forfeiture and the City Council may, without notice, by
ordinance, repeal the franchise.
S. As a condition to the granting of consent to
such sale, transfer, assignment or lease, the Council may
impose such additional terms and conditions upon the
franchise and upon the grantee or assignee which the City
Council may deem to be in the public interest. Such
additional terms and conditions shall be expressed by
ordinance.
C. Nothing herein contained shall be construed to
grant to the grantee the right to sell, transfer, assign or
lease the franchise, or any part thereof except in the
manner aforesaid. This section applies to any assignment,
whether by operation of law, by voluntary act of the grantee
or otherwise. NO such consent shall be required to any
transfer of the franchise in trust or by way of mortgage or
hypotaecazion with all or a part of grantee's other property
for :he purpose of securing any indebtedness of grantee. A
mercer will not be deemed a sale, transfer, assignment or
lease of the franchise under this section.
4.04.240 Conditions of franchise .rant --
Suspension or forfeiture arounas ana oroceaure. =he
francnise is granted and shall be held and en-oyed upon each
and every condition contained in the ordinance granting the
franchise, including such conditions incorporated by
reference, and shall be strictly construed against the
grantee. Any neglect, failure or refusal to comply with any
of the conditions of the franchise shall constitute grounds
for the suspension or forfeiture thereof. The City Council,
prior to any suspension or forfeiture of the `rancnise,
shall give to the grantee not less than 30 days' notice in
writing of any default thereunder. If the grantee does not
within the noticed period begin the work of compliance, or
after such beginning does not prosecute the work with due
d'ilicence to completion, the City Council may hold a
hearing, at which the grantee shall have the right to appear
and be heard, and thereupon the Cita Council may determine
whether such conditions are material and essential to the
franchise and whether the grantee is in default and may
declare the franchise suspended or forfeited. Notice of the
hearing shall be given to the grantee not less than ten days
before the hearing.
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4.04.260 Extra communication circuits for Citv
use. The City council, in granting tr.e Franchise, does
expressly reserve at no cost to the City the right and
privilege of installing and maintaining communication
circuits upon any poles or in any communication conduit
erected or placed by virtue of the franchise. The City may
use the circuits for maintaining a communication, control
and fire—alarm service in the dispatch of City business; and
all such poles erected or conduits laid under the authority
of the franchise shall be erected and laid in such a manner
as to leave sufficient space for the proper accommodation of
the four circuits to be installed and maintained by the
City..
4.04.270 Franchise area -- All facilities
subject to franchise conditions. Ali facilities erected,
constructed, laid, operated or maintained by the grantee in
highways, including services connected with the grantee's
facilities, whether installed by the grantee or not, in the
area described in and by virtue of the authority provided by
the ordinance granting the franchise, prior to the effective
date of said ordinance, except those maintained under prior
right other than franchise, shall become subiect to all the
terms and conditions of such ordinance upon sucn effective
date.
4.04.280 Attachment of facilities to bridges or
other City structures. A Franchise coes not give _ne
grantee the right to attach any pipe, conduit or other
facility to anv bridge or cther City structure unless
specifically provided in the Ordinance granting the
franchise.
4.04.290 Authority to acquire grantee's works
orcoerty and rights.The City shall have the right at any
Tim; curing to term of the franchise to acquire the works,
property and rights of the grantee (if such grantee is not a
public utility under the Jurisdiction of the Public
Utilities Commission), or any portion thereof constructed,
acquired or operated under the franchise upon making
reasonable compensation.
4.04.320 Construction, operation and maintenance
regulations. All facilities erected, constructed, laid,
operated or maintained under the provisions of the franchise
shall be erected, constructed, laid, operated or maintained
in accordance with and conforming to all the ordinances,
codes, rules and regulations now or hereafter adopted or
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prescribed by the City_Council, and shall be of new, first
class and standard material and subject to the anproval of
any duly authorized representative of the City. _ _
4.04.340 Excavation permit -- Prerequisite to
commencement of work -- Exceptions. Where the provisions of
the highway permit ordinance require the issuance of an
excavation permit, the grantee shall not commence any
excavation work under the franchise until it shall have
obtained such permit, except in cases of emergency affecting
public health, safety or welfare, or the preservation of
life or property, in which case the grantee shall apply for
such permit not later than the next business day.
4.04.350 Excavation permit -- For oipeline
carrvinc flammable suostances -- issuance conditions.
Prior to the issuance of any excavation permit for
the construction or installation of anv Dipeline For the
transmission of flammable liquids or cases, which are
heavier than air, approval snail be obtained from the mire
Department. Such approval shall be based on the deter-
mination that no undue Eire hazard will be created to life
or property in tne areas ::.rcuch which the proposed pipeline
will be located.
.04.360 31chwav facilities and
repair procedures. The worK. of erecting, ccnstruct_ne,
1avina, repiacing, remalrinc or removine ac:__t_es in,
upon, over, under, alone or across anv nighwav snail be
conducted with as __ttle :narance as oracticable to the use
of ,he nigrway for purpose of travel; and as soon as !:.e
erecting, constructing, laving, repiacihe, repairine or
removing of` any of said facilities is completed, ail
portions of the hiahway which :nave been excavated or
otherwise injured tnereby snail be placed in as good
condition as the same was before erecting, constructinc,
laving, replaclnc, repairing or, removing of the facilities,
to the satisfaction of the Director; and the Grantee shall -
be responsible to the City and shall save the City, its
officers, emmlovees and acents, free and harmless from all
damages or liability arisirc from any damage or injury
suffered by anv person by reason of any excavation or
obstruction being -improperly guarded during said work, or
the failure cf the Grantee to properly perForm, maintain or
protect any phase of the worK.
4.04.370 Mains and other facilities -- Depth of
instal_ation. Unless spec.ai circumstances maze it
impossible or not feasible and the Director so finds:
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` A. All mains laid under the franchise, except
electrical conduits, shall be laid and maintained not less
than 30 inches below the gutter grade, or 38 inches below
grade if no gutter, unless the grantee files a written
statement that no service connection will be made to apy_
portion iof_,the _upper _half of such main, in which case the
main may be not less than 24 inches below the gutter grade
or 32 inchesbelowgrade if no gutter.
B. All other facilities, including electrical
conduits and service connections laid under the franchise,
shall be laid and maintained not less than 24 inches below
the gutter grade.
4.04.380 Improvement of hichwav surface --
Notice to grantee -- Time for installation of facilities.
A. The City reserves the right to improve the
surface or subgrade of any highway and construct or
reconstruct any other facilities over which the franchise is
granted, upon written notice that the grantor intends to
improve any such highway within the territory covered by the
franchise, and requests that the grantee erect, install, lav_
or construct beneath the surface of the highway the
facilities which at that time are known or believed by the
grantee to be necessary or convenient to serve its needs and
those of the oublic in the foreseeable future: the grantee
shall commence such work on or before the date specified in
such written notice and request, which date shall be not
less than 30 days from receipt of such written notice and
request, and diligently prosecute such work to completion.
3. After the completion of such highway
improvements by the grantor, the right of the grantee to lay
or construct facilities in, under or through the improved
surface of the highway or portion of the highway under the
franchise shall be subject to such additional terms and
conditions as the Director may impose to minimize any damage
to such improved surface.
4.04.390 Maintenance and protection of facili-
ties following other 'improvements.
A. If theCityconstructs or maintains any storm
drain, sewer structure or other facility or improvement
under or across any facility of the grantee, the grantee
shall provide, at no expense to the City, such support as
shall be reasonably required to support, maintain and
Protect grantee's facility.
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B. This section shall not relieve any contractor
of liability arising from violation of any law, ordinance or
regulation, or from negligence which may proximately cause
injuries to any of grantee's facilities.
4.04.400 Defective facilities in highways --
Repair requirements and costs. If anv portion of any
highway shall be eamaged by reason of defective facilities
laid or constructed under the franchise, the grantee shall,
at its own expense, repair any such defect and out such
hichway in as good condition as it was before such damace
was incurred, to the satisfaction of the Director. If the
grantee, within 10 days after receipt of written notice from
the Director instructing it to repair such damage, fails to
commence to comply with such instructions, or, thereafter,
fails diligently to prosecute such work to commietion, then
the Director immediately may do whatever work is necessary
to carry out the repair at the cost and expense of the
grantee, which cost and expense, by the acceptance of the
franchise, the grantee agrees cc pav upon demand, sucn
damage constitutes an immediate dancer to public health or
safety requiring the immediate repair thereo " t: director,
without notice, may repair such damage and cne grantee
A.., agrees to pav the reasonable costs therecf uoon demand.
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4.04.410 Citv's richt to cna.^.ce ghway. ,ae
City reserves the rignt to cnarce the c:aae, ^:c cnance -ne
width, or to alter or change the location of anv ..ignway
over which the franchise is granted.
4.04.420 Relocation cf fac?-'es. _f any of the
facilities erected, constructee, inscal-ea or maintained by
the grantee pursuant to t: ^.e `ranchise on, alone, open, over,
in, under or across any highway are located in'a manner
4 which prevents or interferes with the change of Grade,
traffic needs, operation, maintenance, improvement, repair,
construction,reconstruction, widening, alteration or
relocation of the highway, the grantee sral_ relocate
permanently or temporarily anv such facility at no expense
to the City upon receipt of a written request from the
Director to do so, and shall commence such work on or before
the date specified in such written request, which date shall
be not Less than 30 days from receipt of such written
request, and thereafter diligently prosecute such work to
comp 1 e t i c...
4.04.440 Relocation of facilities --
Conditions. 7he City reserves cne .gnt to lay, construct,
repair, alter, relocate and maintain subsurface or ocher
facilities or improvements of any type or description in a
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governmental but not proprietary capacity within the
highways over which the franchise is granted. If the City
finds that the location or relocation of such facilities or
improvements conflicts with the facilities laid, constructed
or maintained under the franchise, whether such facilities
were laid before or after the facilities of the Citv were
laid, the grantee of such franchise shall, at no expense to
the City, on or before the date specified in a written
recuest from the Director, which date shall be not less than
30 days after the receipt of such notice and request to do
so, commence work to change the location, either nermanenciv
or temporarily, of all facilities so conflicting with such
immrovements to a permanent or temporary location in said
highways to be approved by the Director, and thereafter
dilicently prosecute such work to completion.
4.04.450 Relocation of facilities
A. if the grantee, after reasonable notice, fails
or refuses to relocate permanently or temporarily _ts
facilities located in, on, upon, alonc, under, over, across
or above anv highway, or to pave, sur=ace, grade, repave,
resurface or regrade as required pursuant to anv provision
of the franchise, :he City may cause :he worK zo oe done,
and shall keep an itemized account of the entire cost, and
the crantee sna11 hold harmless :he C`_tj, its officers,
emp_cyees and ase.^.ts from any liability wn_ch may arise c.
be claimed to arise from t: ^.e moving, cutting or alteration
of any .,f the grantee's=aci__ties, or _-e t._.._.g on or off
of water, oil or other _ieuid, gas or electricity.
B. The crantee agrees to, and shall, reimburse
the City for such cost within 30 days after presentation to
the said crantee of an itemized account.
4.04.470 Abanconina fac" 44 ies -- Terms and
concit_ ns. The Director, upon any terms and cona_t_cns as
the Director may see fit to impose, may give the grantee of
the franchise pernission to abandon, without removing, any
facility laid, erected, constructed, operated or maintained
uncer the franchise. Unless su= o_ermission is granted, the
grantee shall remove ail abandoned facilities within 90 days
a*ter such abandonment, and shall restore the nighwav to its
former state at the cime such facilities were removed, as
near as ...ay be, so as not to _-pair its usefulness.
4.04.1180 Undergrour.dina of facilities. To -,he
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extent possible, the City shall re
Y quire that all facililes
wnich may ee installed underground be so installed and in
accordance with the provisions of this Title.
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Chapter 4.06
COMPENSATION
4.06.010
franchisecrrantted, the afranchisee oshall rDay otofthe or tCity in
lawful money of the United States the following:
A. In the case of an initial grant of franchise,
or on franchises which extend, renew or continue previously
granted franchises, the franchisee shall pay to the City a
granting fee of not less than $5,000.00 within 30 days after
the council adopts the ordinance cranting the franchise.
Such amount shall be established by the Revenue Collector;
S. Provided, however, that if the nice or
pipeline to be laid or constructed pursuant to the franchise
is one-fourth mile or less in ienctn, or the ancnise
extends, renews or continues a previousiv granted franchise
to lav or construct a p
less in ie.^.cth, the = ine or pipeline one-fourth .lie or
rancnisee snail _Dav to ::ne Ci- a
.. granting fee of not 'less than 5500.00 within 30 days after
the council adopts the ordinance crantinc the francnise.
Such amount shall be established by the Revenue Coil cto
and e
C. The franchisee of any=rancnise awarded to any
Others, including a public or Mutual water CO.T,Dany
granted or exercis i.^.0 a _ranc.^.152 a D rD 52 .^:Ot
1nVO1V1nQ the f1r.^.iSnInC Of any service _o --e public Or anv_
portion thereof, as=urtner consideration for -ne rar.cn:se
.._
nereoy granted, incl:udino he extens'on, renewal or
continuation of a previousv granted franchise, shall pav to
the City in lawful money of - the United States, during the
life of the franchise for each and every year, including the
year of granting the franchise, according to the "franchise
pavment period", a "base annual fee":
0. Initial Construction Charges and Other Fees.
In addition to the foregoing annual payments, the franchisee
snail:
-• ?ay City •within o0 days after the end
of ea calendar year, durinc the life of the franchise, an
lnitiai construction charce calculated at a rate of $100.00
per :Wile or fraction thereof for ail new mains laid during
the precedinc year,
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op.,
` 2. Pay City during the life of the fran-
chise, an annual fee of $50.00 per pole -mile or portion
thereof, and $50.00 per mile or portion thereof of under-
ground conduit for telephone or telegraph lines maintained
under the franchise. Said fee shall be due within 60 days
after the end of each calendar year.
e
4.06.020 Proration of Davments. in the event of
abandonment of facilities with the approval of the City as
elsewhere in the ordinance provided, or in the evert of
removal of such facilities by the franchisee, the payments
otherwise due the City for occupancy of the roads or
highways by such facilities shall be prorated for the
calendar year in which such removal or abandonment occurs as
of the end of the calendar month in which removed or
abandoned.
4.06.030 Prompt payment -- Delincuencv charce.
In the event franchisee rails cc maze the payments for tae
franchise or the payments on or before the dates due,
franchisee shall pay as additional consideration the
following amount: A sum of money equal to 10 percent per
month commencing from the due date of the total amount due.
! 4.06.040 Recerdkeeeine recuirements. =_..=ncnisee
` shall keep and preserve, for a period of rive :ears,
subsequent to the date of the most recent frar.cnl=_e fee
determination as ascertained by an audit .made by r -e ___y or
on its behalf, all records necessary to determine _::e amount
of such franchise fees or other payments nue. _'rancnisee
upon demand by City, shall make such records available for
inspection within the City.
Chapter 4.08
CONSTRUCTION
4.08.020 New or replacement installaticr.s. New
installations or replacements of pipelines ane appurtenances
and all other facilities necessary for the installation,
operation, :maintenance, and safety of pipelines and conduits
shall be laid and :maintained only pursuant to permit issued
by the public works department. All such installations or
repiacements shall be reviewed by the Director as to the
most desirable 'location in the roads or highways of the City
and the Director's decision shall be `inal and binding on
"-, -
the franchisee.
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4.08.030 Highway work -- Conditions and
recuirements. The worx of constructing, laying, replacing,
maintaining, repairing, abandoning or removing all pipelines
and appurtenances authorized under the provisions of this
Division l in, over, under, along or across any highway
shall be done to the satisfaction of the Director at the
expense of the franchisee and in accordance with the terms
and conditions of this Code.
4.08.040 Annual completion statement. The
franchisee shall submit an annual summary to the City
identifying the permit or permits issued during the
preceding calendar year, identifying the total length of
pipeline, conduit or other facility, the construction of
which was authorized under such permit or permits, the
nominal internal diameter or diagonal of the pipeline or
conduit, and the total length of pipeline, conduit or other
facility.
4.08.050 Emercencv ecuinment and oersonnei. At
all times during the term or this rrancnise, the franchisee
shall maintain or arrange for, on a 24 -hour -a -day basis
adequate emergency equipment and a properly trained
emergency crew within a reasonable distance from anv
facilities installed or maintained pursuant hereto for the
purpose of shutting off the pressure and the `low of
�. contents of such facuitiesin eventthe event of an emergency
resulting from an earthquake.
act or war, civil cisturnince,
fire, flood, or any other cause or .nature wnatsoever.
4.08.070 Removal or abandonment
facilities
Procedures
acs--_-=sProcedures --
A. At the expiration, revocation or termination
of this franchise or of the permanent discontinuance of the
use of all or a portion of its facilities, the franchisee
shall, within 30 days thereafter, make written application
to :he Director for authority either:
1 To abandon all or a portion of such
facilities in place; or
facilities. 2. To remove all or a portion of such
Such application shall describe the facilities
desired to be abandoned, their location, and shall describe
with reasonable accuracy the physical condition of such
facilities. The Director snail determine whether any
abandonment or removai which is thereby proposed may be
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effected without detriment to the public interest and under
what conditions such proposed abandonment or removal may be
effected.
B. Within 30 days of notice of the Director's
determination, the franchisee shall apply for a permit from
the City to abandon or remove the facility.
C. The franchisee shall, within 60 days after
obtaining such permit, commence and diligently prosecute to
completion the work authorized by the permit.
4.08.080 Removal or abandonment of facilities --
Failure to comply -- Remedies.
A. If any facilities to be abandoned "In place"
subject to prescribed conditions shall not be abandoned in
accordance with all such conditions, the Director may maze
additional appreo_riate orders, includin.a an order :^at the
franchisee shall remove any or ail suc. _-aciiic_es. The
franchisee shall comply with sucrn additional orders.
3. In the event that the franchisee sna__ Fail .o
.. comply with the terms and- of aoandcnme.^.t
removal as -nay be recuired by this Division, and wit• suc^
time as may be prescribed by -he Director, -hen -he Ci -v may
remove or cause to be removed such facilites a- --e
franchisee's expense. The franchisee shall pay - -ne
the cost of such wor'{ plus the current rate c overhead
beinc charged by t:^.e C:tv =or re_.^..oursao:e 'aor<.
C. If, at the expiration, revocation or
termination of this franchise, or of `_he permanent
discontinuance of the use of ail or acortion of is
facilities, the franchisee shall, within 30 days znereafter,
fail or refuse to make written aoniication for the acove-
mentioned authority, the Director shall ;Hake _he determina-
tion as to whether the facilities shall beapand-ned i;l
place or removed. The Director shall then notify -ae
franchisee of the determination. The franchisee shall
thereafter comply with the provisicns of subsect'_cns 3 and C
of this Section 4.08.070.
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r
` Division 2
CABLE TELEVISION SYSTEM FRANCHISES
Chapter 4.10
DEFINITIONS
4.10.010 Definitions ceneraliv -- internretation
of language. For the purpose or this Division 2, tine
following terms, phrases,._words and their derivations.s.hall
have the meaning given in this chapter.
4.10.020 Advertisina receipts. "A_dvertisinc
receipts" means any and all income, ccmpensation, fees and
other consideration received directly or ndirect_v by
franchisee, derived from any form of advertising, _eiat nc
directly or indirectly to Franchisee's franchise actio'_'_=s
and operations.
4. 1-0.030 3asic service. "3asic service" -eans
^^ the simultaneous deli,7ery ov franchisee to
receivers (cr any other suitable t-ine of aLa_i ..dec^
communication receivers) of
A. All signals of over -the -air television
broadcasters aut^:orized by the FCC to be carred by a cable
television system as defined by the =CC;
S. Local government access channeis;
C. =d L'cation access C.^.anneis;
D. Public access channels;
Lease channels; and
Additional service at _he option of the
co
: l- - ^ewever, pay or sunscr;Dtion television as defined
by the FCC shail not be considered Dart of the basic
service.
4.10.040 3asic subscriber receiots. "3asic
subscriber receipts" means any and all income, compensation,
_'ees and other consideration received directly or Indirectly
... by the franchisee frcm subscribers in payment fcr the basic
service of the cabie television system.
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4.10.060 Cable television system or system.
A. "Cable television system" or "system" means a
system of antennas, cables, wires, lines, towers,
waveguides, microwaves, microwave, laser beam, fiber optics,
master antenna system, multiple distribution system,
satellite, or any other conductors, converter, equipment or
facilities desired and constructed for the purpose of
producing receiving amplifying and distributing audio,
video, voice, data signals, digital signals, fiber optic
sicnals, and other forms of electronic or electrical
signals, located in the City, and constructed or used for
one -or more of the following purposes:
1. Collecting and amplifying local and
distant broadcast television or audio signals and
distributing and transmitting them;
2. Transmittina oricinal cablecast
pregrammine not received throuch television broadcast
sicnals;
3. Transmitting televisicn pictures, film
and video tape programs not received :".roach broadcast
television signals, whether or not encoded or processea -
permit reception by only selected receiver;
4. Transmittina and receiv'rc_ ail other
sicnals: digital, voice and audio-visual;
5. Anv other apolicat-ors
transmitting audio and/or visual sicnais.
S. "Cable television system'' or the system" also
means "community antenna televisicn system" (as _hat term is
used i. Section 53066 of the Government Code of the State of
CallfOr"ia), "CATV system," "cable system" Or "cable
communications system."
C. An exception to the above definition is any
state or interstate common carrier over which the Cit
has
no ]L'L1Sd1Cti0n.
10.100 Department. "Department" :Weans the
Public :7or.ks Department -
Ci.v.
4.10.110 Director. "Director" means Public
,aorks Director of the C'_ty cr assicnee.
i.
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4.10.120 FCC. _"FCC" means the Federal
Communications Commission, its designee or anv successor
thereto. -
4.10.130 Franchise. "Franchise" includes the
term "license."
4.10.140 Franchisee or grantee. "Franchisee" or
"grantee" means the person to wnom the franchise is granted,
and any person to whom it lawfully may be assigned.
4.10.150 Franchise payment period. "Francaise
payment period" means the period from the effective date of
the ordinance granting the franchise through December 31st
of the year granting the franchise, and each calendar year
thereafter, during the term of the franchise.
4.10.160 Franchise oronerty or facil;ties.
"Franchise property" or"facie-ties" means any and ail
property of the franchisee, including, but not .::iced tp,
service connections with _he franchisee's faci'_i-ies,
whether installed by the franchisee or not, erected,
constructed, installed, laid, operated or maintained in the
Citv pursuant to any right or privilege granted pv tae
ranchise.
-..10.170 Franchise re '
pert oericd. ""_-admire
report period" in ail cases :tears tae per -cd fromtae
effective date of _he ordinance granting the francnise
through december 31st of the year of anting the francnise
and each calendar year thereafter, during t^e ter- -he
franchise.
4.10.180 Bead -end. "Bead -end" means the
electronic processing center for distribution of the signals
received from the master antenna.
4.10.190 Lease receipts. "Lease receipts" means
anv and all income, comnensacion, fees and other
consideration received directly or indirectly by franchisee
for the lease or rental offranc propert7, and
compensation for any service in connection therewith
including but not limited to studio and equipment rental and
production costs of any channel permitted or designated by
the FCC to be so leased or rented.
4.10.200 Leased channel. "Leased channel" means
a channel cn the cable system on wnich the franchisee shall
provide omen, widespread, and reasonable access cc persons
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who desire to use said channel for commercial purposes, as
defined in Section 612 of the Cable Act.
4.10.210 Non -basic service. "Non -basic service"
means anv communication service other than basic service
provided over its system by franchisee directly or as a
carrier for its subsidiaries, affiliates or any other person
engaged in communications services including, by way of
example but not limited to, pay "or subscription television,
burglar alarm data or other electronic intelliaence
transmission, facsimile reproduction, meter reading and home
shopping.
4.10.220 Non -basic service receipts. "yon -basic
service receipts" means any and all income, compensation,
fees and other consideration received directly or rindirectly_
by the franchisee in payment for non -basic se -;vice provided
over its system by franchisee.
4. 1-0.230 Public easement. "Public easement"
includes, but is not limited to, anv easement created by
dedication to the public, the Citv, or any public entit�!,
for public -utility purposes or anv other purpose wnatsoever.
.1 10.240 Revenue Collector. "Revenue Collector"
means the Director of Finance of theCitv or assicnee.
4.10.250 Service area. "Service area" means
that area of the City in wnich the frar.cnisee is authorized
to construct and operate, and orovide service connections
for, a cable_te_evision system pursuant to the teras and
conditions of the franchise.
4.10.260 Subscriber or user. "Subscriber" or
°user" :!leans any person Or entity lawrL"ly receiving fOZ any
purpose any service of the franchisee's cable television
system, including the ultimate recipient of any distribution
of franchisee's service.
4.10.270 Subscriber revenues. "Subscriber
revenues" means any and all income, compensation, fees and
other consideration received directly or indirec-ly by
franchisee from the following sources:
A. installaticn fees, disconnect and reconnect
rees and fees _or regular Cao -le benefits, 1.^.Cludlnd the
transmission of broadcast signals and access and local
priginatioa charnels, if any, derived from its operations
within the authorized franchise area;
3. 3asic subscriber receipts;
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C. Non -basic service receipts;
D. Advertising receipts;
E. Lease receipts;
charges; F. Income derived from per -program or per -channel
G. Any other income from any source derived from
franchise operations.
_ Chapter 4.12
GENERAL REQUIREMENTS
4.12.010 Title For citation. The ordinance
codified in Divisicn 2 snail be known and may be cited as
the "*faster Cable Television Svstem Franchise Ordinance" or
"Master CATV Ordinance.
4.12.020 Purpcse of Division 2 orcv_=icns. It
is the gurnose of the oreinar.ce cod,- ec _.. _.._ yliv_sion 2
to standardize practices in ,.he cable __levis.cn industry,
to provide for the unified acministratic. caDie
television franchises, to reeuiace races -c the extent
allowable by federal, state and local laws when necessar-;
for the public good, and to regulate the operation of
franchises for t:ne purpose of nrotecc-nc and or ot_ng the
public health, safety and welfare in _he interests of the
subscriber, franchisee, and the public.
4.7 2.030 Continuation of orcvisior.s. The
provisi^ns of this Divis-lon 2, insofar as they are
substantially the same as existing orainance previsions
relatiac to the same subject matter, snail be construed as
restacemencs and continuations thereof and not as new
enactments.
4.12.040 Provisions incorporated bvreference. ln..
addition to the terms and ccne_t_ons set out .n ,s
Division 2, the franchise is granted under the same terms
and conditions contained in Di isio^ ^ ' "h, :t,
-
- - s __e, as
they were contained in tris Division 2.Tin theeventthe
terms and conditions hereof conflict with the terms and
conditionscf Division 2 of this title, the terms and
conditions hereof shall ccntrol.
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4.12.060 Statutory provisions applicable. All
Z
ranchises for a cable television system shall be granted
oursuant to Section 53066 of the Government Code of the
state of California.
4.12.080 Rights reserved to the City. A. The
riches reserved to the City uneer this Division 2 are in
addition to all other rights of the City, whether reserved
by this Division 2 or authorized by law, and no action,
proceeding or exercise of a right shall affect any other
rights which may be held by the City. Franchisee, by
acceptance of the franchise, agrees to be bound thereby and
to comply with any action or requirement of the City in its
exercise of any such right or power.
3. Citv shall have the right to waive any
Provision of the -franchise, except those required by federal
or state regulation, if the Director determines:
1. That it is in the public interest to do
so; or
2. That the enforcement of such oroiision
r.,
will imzose an undue hardship on the=rancr.isee or tae
subscribers.
C. The City shall :nave the power and _1ant at all
times for tae duration of the francnise -c require
f ra^.C`ee to conform to rules and recuizz:ons Cover.^._^g _-e
operatiOn of cable television systems now or hereafter
adGpted by the City Council.
4.12.090 Terms and ccndi__ ns ceneraliv. -very
__ancnise granted by t.e City artBr �ne 2rzeCt1"ve date Of
t.^.is ordinance, to construct from time t0 zime and, for the
Period covered by the francnise, tp maintain ails operate a
cable television and to maintain, overate, renew, repair and
remove 1_.^.es and cables for zne transmission of zelevision
and radio signals, together with all appurtenances and
service connections necessary or convenient for the
" provision or a cable television system In, under, along or
across anv and all service areas, Ciicnways, oublic
properties and public easements, except as otherwise
provided in the ordinance arant:nc the francnise, shall be
granted -,ocn and be sub-iect t0 the rules,
regulations,
restrictions and terms and conditions of this Division 2,
and the rules, regulations, restrictions, terms and
conditions set fcrth in the ordinance granting the
franchlse.
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4.12.100 Franchise Grant not exclusive. The
granting of the franchise snarl not be construed to prevent
the City from aranting any identical or similar franchise to
any person other than the franchisee.
4.12.110 Acceptance—of--franchise.- The
franchisee shall, within 30 days after the passage of the
ordinance granting the franchise, file with the City, an
express and unconditional written acceptance of the terms
and conditions of said ordinance.
4.12.120 Term of the franchise. Unless the
ordinance granting the francnise provides otherwise, the
term of the franchise shall be 15 vearc_
4.12.130 Insurance and indemnification
requirements.
A. 1. The franchisee shall, at its sole
expense, indemnify, defend and save harmless _he City, itsagents, officers and emplovees from and against anv and all
liability, expense, including defense costs and legal =ees,
and claims for damaees of any nature whatsoever, _ncludinc
l
y
w but not lim ted to, oodly 1I1]urv, death, personal _ 'ury,
or propertvdamage, including pLODeLt7 of ^e _r3hCn^See,
arisi.^.c from or connected with either direct') or
indirect'' -y, franchisee's activities, cperati0n5 3eL'J'_Ce5
hereunder, Including any Workers' Compensation suits,
liability or expense, arising from or connected witn
services performed on behalf of=rancnisee by an✓ person
pursuant to this franchise.
2. Nothina herein shall_ be deemed to
prevent the parties indemnified and held har^'less from
participating in t: ^.e defense of any-�tication by their own
counsel at the franchisee's sole expense. Such
participation shall not under any circumstances relieve the
franchisee from its duty of defense against 'iabilit.I or of
paying any Judgment entered aaainst such company.
E. Without 'limiting franchisee's indemnification
of City, franchisee shall provide and maintain at its own
expense during the term of the franchise, the following
programs of insurance covering its operations hereunder such
insurance snail_ be provided by insur-
er(s) satisfactory to
Director and satisfactory evidence of such programs shall be
delivered to the City, on or before the effective date of
the franchise. Insurance policies and certificates
evidencing coverage shall_ game the City, its officers,
agents, and emplovees as additional insureds in respect tp
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franchisee's operations under the franchise. Such evidence
shall specifically identify the franchise and shall contain
express conditions that City is to be given written notice
by registered mail at least 60 days in advance of any
modification or termination of any program of insurance:
1. Liability. Such insurance shall be
primary to and not contributing with any other insurance
maintained by City, shall name the Citv, its officers,
agents, and employees as additional insureds, and shall
include, but not be limited to:
a "'Comprehens'ive General Liability
Insurance endorsed for Premises -Operations, Products/
Completed Operations, Contractual, Broad Form Property
Damace and Personal Injury with a combined single limit of
not less than 51,000,000.00 per occurrence. If the above
insurance is written on a Claims Made Form, sucn insurance
shall be endorsed to provide an extended reporting period of
not Less titan five years following termination of the
Policy.
b. Comprehensive Auto Liabilitv
,,, Insurance endorsed for all owned, non -owned, and h_red
vehlcies with a combined single limit of at least
$1,000,000.00 per occurrence.
C. Said amounts or coverage shall be
subject to review and adjustment by the City, at City's sole
option, at anv time during the term of the franchise. _n
t. ^.e event of such adjustment, _'rano.^.isee agrees to ;74 -
such amounts as are determined by Cite, within. 30^days after
written notice to do so from the City.
2. Workers' Compensation. A program of
Workers' Compensation Insurance in an amount and form to
meet all applicable requirements of t:^.e Tabor Code of the
State of California, including Zmplovers Liabilitv Insurance
with a 5150,000.00 limit, covering all persons providing
services on behalf of franchisee and all risks to such
persons under the franchise. _rancnisee may provide, if
applicable, a certificate of consent to self -insure, issued.
by the Director of Industrial Relations of the state of
California. Should franchisee utilize the self-insurance
provision of this section, and franchisee's certification of
consent to self -insure expire or be revoked, francnisee
shall be regained to provide a program of Worker'sCompensation Insurance prior to or upon said expiration or
revocation.
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C. Franchisee shall furnish the Director, prior
to commencement of any franchise operations, either
certified copies of said policies required by subsection 3
of this section, or a certificate of insurance for each of
the required policies executed by the company issuing the
policy, certifying that the policy is in force.
D. No franchise operations shall commence until
franchisee has complied with aforementioned provisions of
this section, and any such operations shall be suspended
during any period that franchisee fails to maintain said
policies in full force and effect.
E. It shall be the franchisee's obligation to
provide evidence of current insurance policies.
4.12.140 Performance bond requirements.
A. On or before the effective date of the
ordinance ;ranting the franchise, franchisee shall furnish
_he Director with a bond, payable to the City, in a form and
executed by a corporate surety acceptable to City_ and
licensed to transact business as a surety in the state of
California. Suca a bond shall be maintained in full force
and effect at ail times during the term of the franchise and
shall be in favor of the City in she penal sum of
' 550,000.00, or such other sum as may be specifically
provided f.,^_ in the ordinance granting the franchise. Said
bend to beconditionedupon faithful performance by
franchisee of the terms and conditions of she franchise and
shall provide them, in case of any breach of ccndition of
the bond, the whole amount of she penal sum snail be deemed
to be liquidated damages and shall be payable to the City by
the orincipai and sureties of she bond. _f said bond is not
fi_ee as aforesaid, the award or the franchise may be set
aside and she ordinance granting she franchise repealed and
any money paid in consideration for said award of franchise
shall be deemed forfeited. The performance bond may be
required in addition to a letter of credit or establishment
of a security fund. The rights reserved with respect to
said performance bond are in addition to all other rights of
the City.
3. The amounts of said 'bond shall be subject to
review and adjustment by the Cita, at City's sole
discretion, at any time during the term of the franchise.
in the event of such adjustment, franchisee agrees to renew
said bond, in an amount as determined by the City, with
sureties to be approved by the City, within 30 days after
written notice to do so from the City.
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C. Said performance bond shall continue to exist
for one year following the Director's approval of any sale,
transfer, assignment or other change o£ ownership of the
franchise, or of the expiration or termination of the
franchise, only for the purpose of assuring franchisee's
faithful performance under the terms and conditions of the
franchise prior to the date of approval of said change of
ownership, or of expiration or termination. The Director
may release said bond prior to the end of the one-year
period upon satisfaction by franchisee of all said
obligations under the franchise.
D. No franchise operations shall commence until
franchisee has complied with the aforementioned provisions
of this section, and any such operations shall be suspended
during anv period that franchisee fails to maintain said
bond in full force and effect.
4.12.160 Grant and forfeiture ccndit4ons.
A. Anv franchise is granted on the conditions and
shall be held and enjoyed upon each and every condition
contained in the ordinance granting the franchise and each
and every cendi.,,,
t_contained in this Divisic. 2, and snail
be strictly construed against thefranchisee.
3. .n addition to all other _ chts and powers
retained by the City under this Division ,,. otherwise, t.n.e
City reserves the _fight to suspend or revoke and terminate a
franchise and all richts and privileges of a francnisee
_he event of a material breach of itterms and
° editions.
_..terprezing this section, material provisions^shall
_nclude all labeled as such and ail others, which, under all
the facts and circumstances indicated, are a sig^if_cant
provision of the franchise agreement. A material breach by
franchisee s^all _nclude but shall not be limited to the
following:
1. Violation of any material provision of
the franchise or any material rule, order, regulation or
determination of the City made pursuant to _^:e franchise;
2. Attempt to evade any material provision
of the franchise or practice anv fraud or deceit upon the
City OL _tS SubSCr_oers or customers;
3. Failure to begin or complete system
construction, reconstruction or system extensions as
provided ander the franchise;
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4. Failure to provide the types of
facilities, eauipment or services promised;
5. Material misrepresentation of fact in
the application for or negotiation of the franchise.
C. The Revenue Collector, prior to any suspension
or revocation and determination of the franchise, shall sive
to the franchisee not less than ten days' notice in writing
of any default thereunder. If the franchisee aces not
within the noticed period begin the work of compliance or,
after such a becinning does not prosecute the work with due
diligence to completion, the City Council shall hol•? a
hearing at which the franchisee shall have the richt to
appear and be heard. Notice of said hearing shall be civen
to franc:^isee not less than ten days before said hearing.
D. upon the conclusion of the hearing, the Citv
Council may determine whether such conditions are material
and essential to the francmise ana whether the =ranchisee is
in default with respect thereto and may declaretn.e
franchise suspended or revoked and terminated. No revoca-
tion and termination shall become effective Less -han 30
days after the City Council's decision to revoKe and
terminate; and no lapse of time, expendi-ure or _nv
thine shall be deemed to cive the lranc"isee any vested
_rterest in ne cent_., ation o£ =ef_a.^.cn_se
granted.
_._2.i0 Costs of _ec.^. icai assistance.
Franchisee s: -all nav -ne ccscs _ncurrec o the _7 f^.r env
tecnnical assistance deemed necessary ov c.^.e Cit.✓ `or
obca1.^.i.^.c _-deoendent verification of teenn^ cal comp_ dance
with all francn.ise imoosed standards.
4.12.170 Sale. transfer, stcck ransfer, lease,
assicnmen- nvoct.
necazion or O^ance c^ fo -r
rancnise -- concitions.
A. i. rhe franchisee shall not sell,
transfer, assign, -ease, nVOOthecaLe, Olace in trust Or
change _he control of the francnise or anv part thereof,
except wit^ the prior consent Of the City Council, and after
payment of the fees recuired by Sect' -on 4.14.025. The City
Counc'__'s cc -sent s"all not oe unreasonabiv withheld. As
used 1., this section, "transfer" includes stock transfer and
"cchtrol" includes actual work (= control in whatever manner
exercised.
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2. Franchisee shall inform the City
Council of any pending sale, transfer, lease, assignment,
hypothecation, placing in trust or change in control, extent
as excluded in subsection S. Transferor and transferee must
file an application for City Council's consent to transfer
control of or assign the franchise as set forth in
subsections D and E. Such applications shall be accompanied
by the fees required by Section 4.14.025(A) and shall be
signed by duly authorized representative(s) and the
signature(s) acknowledged by -a notary.
3. Franchisee shall file with the Citv
Council a certified copy of the duly executed instrument of
such sale, transfer, assicnment, lease, hvpothecation, trust
or chance in control within 30 days of the effective date of
such sale, transfer, assicnment, lease, vnothecacion, _rust
or chance in control. If such duly executed instrument is
not filed with the Citv Council within 30 days after the
effective date of such sale, transfer, assicnment, lease,
hypothecation, trust or chance in control, tten upon the
expiration of said 30 days, the -rancnise shall- be subjecz
to forfeiture and the City Council may, wit.^.out .._..ice, by
ordinance reveal the franchise.
4. As a ccnditicn to t_ ^e zrant_n— o°
s.
consent to such sale, transfer, assicnment , :easy,
- - hVDO L,,^.eCatiOP., trust Or Cna.^.Ce in CO.^.trCl, _e
maV impose such additional terms and ccnd1L_,,.^.s 1pC. _ne
franchise and upon the grantee cr assignee wnicn _-e
deems to be in the public interest. Sucn addit_,hal terms
and conditions sna11 be expressed by c=ina-ce. 'Iethi^g
herein contained shall be ccnscr ed t.. -:an: to the
franchisee the right to Sell, transfer, assign, Lease,
nvpors.ecate, place i trust or chance control cf the
franchise or anv part thereof except in the -anner
aforesaid. This section anplies to any assignment, whether
by operation of law, by voluntary act Of t^:e franchisee, or
otherwise.
4,12.180 Renort recure-enzs.
A. The franchisee, durine the ter^ of the
franchise, within 60 days after the expiration of each
calendar year, shall file with the Revenue Collector, one
copy to each, of a report verifies by Lhe cath of the
franchisee, or by the oath of a duly autnorized
represenzacive of :he franchisee, setting forth in detail
the cemp_utation of the amount of the franchise payment due
for the immediately preceding calendar year For each
onvsically separate transmission and distribution system,
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any portion of which is located within the franchise area,
the renort shall contain:
1. A detailed profit and loss statement
showing all gross receipts and expenses derived from the
franchisee's franchise operations during the reporting
period.
2. The total number of service connections
in operation as of the last day of the calendar year.
3. Franchisee shall also provide on request such
additional data as is reasonably necessary in the opinion of
the Revenue Collector to calculate or verify the calculation
of tae annual payment required by Section 4.16.010.
C. File with the Revenue Collector a report in
duplicate showing:
I. The oerml,. .. tuber of each per.. -
obtained for the doing of any work under the franchise for
which a permit is required during the immediately preceding
franchise report period:
2. The 14neal length of _-nes and cables
installed pursuant to eac.^. permit during the _..-ediately
preceding franchise report period.
D. The City reserves the ower t., assess a
penalty of 5250.00 per day for each day beyond the reporting
period twat the franchise fails t file a-,.,, report required
by t:^.is Section 4.12.180.
4.12.90 Liability and _nc;em.._r_czt_on.
A. Franchisee shall indemnify and ^old Cita_
harmless from and acainst anv and all loss, damaces,
iiabiiity, claims, suits, costs and expenses, _ncludi.nq
reasonable attorneys' fees, recardless of -he merit orJ
outcome of any such claim or suit, claimed or arising from
anv negiicent or intentional act or omissionof frar:caisee,
its officers, employees, acents or subcontractors, arising
from activities or work conducted pursuant to the franchise.
3. Franchisee shall indemnify, defend and save
harmless the Cita, its officers, agents and employees, from
and acainst any and all claims and losses whatsoever,
including reasonable attorneys' fees, accruing or resulting
to any and all persons, firms or corporations furnishing or
supplying work, services, materials,
equipment or supplies
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` in connection with activities or work conducted or performed
pursuant to the franchise and arising out of such activities
or work, and from any and all claims and losses whatsoever,
including reasonable attorneys' fees, accruing or resulting
to any person, firm or corporation for damage, injury or
death arising out of franchisee's franchise operations.
4.12.200 Additional terms and conditions. In
addition to the provisions or Section 4.12.170, any time a
franchisee applies for a chance in territory, service area,
or bonding, the Council may impose such additional terms and
conditions upon the franchisee and upon the grantee or
assignee which the Council may deem to be in the public
interest. Such additional terms and conditions shall be
expressed by ordinance.
4.12.210 Permit recuired for certain work.
Notwithstanding the granting of a franchise, tn.e franchisee
shall not be authorized to do any work under the franchise
for which the issuance of a permit is required unless such a
permit is issued for such work.
4.12.230 Purchase of franchise orcnerty 'bv City.
A. The City upon termination or forfeiture of the
franchise, or at any time during the term of the franchise
or, atter five years from the effective date of the
ordinance granting the franchise, shall have the option to
ourcnase ail or part of the franchise property, upon malong
reasonable compensation therefor. City's right to purcnase
the franchise property hereunder shall not be construed as a
waiver of -nv ocher rignts City may nave. _n the event the
City elects to purchase the franchise property in accordance
herewith, the compensation shall be computed as provided in
Part 3, __-le 7, Chapter 9, Article 4 of the Code of Civil
Procedure of the state of California, provided further, that
such purchase shall be at an equitable price, which shall
not include compensation for 'loss of goodwill or any
valuation of the franchiseitself or of any of the rights or
privileges granted by the franchise. Other terms and condi-
zicns of the sale shall be mutually agreed upon by the
parties.
_f a renewal of said franchise is denied, any
acquisition of the cable system by the City snail be at fair
marxet value, determined on the basis of the cable system
valued as a going concern but with no value allocated to the
franchise itself.
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i■2
C. In the event the franchise is revoked and
terminated and the City elects not to purchase the franchise
property hereunder, franchisee agrees to waive all claims
for damages or compensation which it may have against the
City as a result of such revocation and termination;
provided, however, franchisee does not hereby waive its
rights to a judicial determination of the validity of such
revocation and termination.
4.12.240 Fair emplovment practices -- Statutory
provisions incorporatea by *ererence. Franchisee snail not
maxe any discrimination, distinction or restriction on
account of color, race, religion, sex, ancestry or national
origin contrary to the provisions of Section 51 of the Civil
Code of the state of California, which is incorporated
herein by reference. All applicable provisions of Sections
12900 through 12996 of the Government Code of the state of
California (California Fair Empioyment and Housing Act) are
hereby incorporated 'herein by reference. Franchisee further
agrees to comp_iy with applicable antidiscrimination
provisions of Section 634 of the Cable Act.
4.12.250 Access to trenc^es.
r A. In cases of new construction or property
development where utilities are to be placed cdercrcund,
franchisee(S) snail, if practical, install under7round cable
at the same time and in the same tren.cnes as the_uolic
lmmrovements (e.g., communications, electric, las, 'dater)
are installed.
3. If franchisee is notified of the date the
trenches are available and fails to install its cpnduit or
cable within five working days of the date the trencnes are
available, and the trenches are thereafter closed after ;he
five-day period, the cost of new zrencni.^.g is to be oorne by
the franchisee(s).
C. The requirements of subsections A and 3 shall
not apply unless the property owner offers franchisee the
same terms with respect to availability and cost of
trenching for undergrounding as are offered to other trench
users, if any.
D. In the event that a subdivider, property
developer or an entity owned by, associated with or under
the control of a subdivider or developer has a franchise to
provide cable services to an area including its property
development(s), the franchisee shall be required to mare
access to the utility trenches in the deveiopment(s)
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:9M/TI^L"Y
O^ r -
available to all franchisees authorized to provide cable
services to an area including the develop_mer.t(s). Access
s:^.all be orovided at the same terms with respect to
availability and cost of trenching for undercrcunaing as is
provided to other trench users, if anv.
4.12.260 Underaroundina of Cable. All Cable
and, to the extent possibie, all additicnai facilities shall
be installed underground and in accordance with this Title.
Chapter . 4.14
APPLICATION FOR FRANCHISE
4.14.010 Filing. Anv_ person desiring a
franchise t -r a cable television system snail `_:e an
criginal application and eleven c --pies wit.. the department.
4.14.015 Proorietary r^at. ;nfc - ee-enn
.._ - _ _
per-fittedlaw, oroprietary inzormac_cn may ce ;ept
f_dent_a_ ap_prooriate1v=eent_t_ec. _n -ne _'en!: ;n
app:icant believes chat the information _t .,.st >_ _t _
_-_=pol_caticn should be seated cenf_cent_,_ v�-ne
_t must so advise the deoartmen.t ov :ettec -- or
t
w:n its applicat. _'_
ionf __ _s aeterned7:n?__ na_
such _..t,._.^,.a=:or. is not confidential, -r.e = __a..t ..-__ ;e
sc -tied and the _.._ _mat_.,.. w___ oe ret_r ac - -ne
app_icanz at applicant's recuest.
4._Y - _
Cp r.tents of app:_
a_ ---cat_ for a franchise dor a caoleytele._s__.- system
_na_= be _.. ti:e 'crm as aporoved by the --_rectcr and which
include _..formaticn =ecarcing -he cesicnat_-n of .he
s e__fic area to be served by zne franchise, _cent._.cation
the applicant, =financial _..formation, f_nancinc pian for
the peracion, construction scneau'-e, orcposed onarges to
s --scribers, proposed system conficuraticn, '-recast number
of `omes in service area, describe technical standards of
-::e system, whether applicant is accuir_na czner -abie
s:stems, ability of aoolicant to meet ccnsu:ner needs, and
ether _..f-.maticn required by ^:e C_tv.
4.:x.025 -=nchise prccessinc =ee
A. Upon submission of an ap_piicatic.n., the
-pp:icant/franchisee snail pav to the Revenue Collector
rY+ -
nsnrefundable franchise processing fee as follcws:
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^_'SM/'_'I.LE4
1. Initial grant of franchise or renewal
of existing franchise:
a. Franchise area containing less than
1,000 homes: $ 1,000.00*;
b._ Franchise area containing 1,000 to
5,000 homes: $2,500.00;
C. Franchise area containing 5,001 to
10,000 homes: $5,000.00;
d. Franchise area containing 10,001 or
more homes: $7,500.00, plus 51.00 for each home over 7-0,000.
*If the franchise area contains Fewer than. 100 homes
_ranch' -se may receive credit for all or a Donlon of the
prccessina fee. Said credit snail be aeoiied to (rancnise
fee pavments required by Section 4.16.010. Granting the
crea-t snal_ oe at one sole discretion of the ccur.c._ and
shall be based upon economic or technoioaicai ccnsiderat_on.s
specific to t: ^e zrancnise area.
2.Consent to sale, transfer,-ransfer Df
stock, assianme.n.L, lease, hvocthecation o, trust Of
`ran.cnise, not requiring mcdificat_on cz t^e =rancnise ov
ad--ozior. of an amending Ordinance: S _,000.00.
3. Modif_cat_cn .,f '_fancY:_se req-ues-zd by
franchisee retaining t:^e adoption. of a.. arena'_. rdi ^ance:
52,500.00.
;. Consent -o sale, .._-nnsfer, _rans_fer of
stock, assicnment Or lease, or an:V tner a0 -:on reculr'.n.g
modificazIcn of franchise oy adept'-cn or an amending
orainance: 52,500.00.
5. Modification of `rancnise resulting
from nonconnliance wlt.n. One or more provisions of the
franchise which recuires the adoption of an amendinq
crainan.ce: 52,500.00.
B. applicant may be required to pay any
additional costs incurred by City in the processing of
a DD1_CdnC's request for 'rancnise, renewal, mods-ficatic.n.,
consent to sale, transfer, transfer of stock, assianment,
lease, hypothecation or trust of franchise. Such costs may
include the costs :.n.curred for hiring consultants to assist
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in evaluating the application. Such costs shall be paid by
the applicant prior to final consideration of the recues` w
the Director or the Council, as applicable.
4.14.040 Deposit of publication and notice
costs. Upon receipt or an application for francnise, the
Citv clerk shall estimate the cost of publication and
posting of the notice of hearing, as provided herein, and
shall notify the applicant of the amount thereof. No
further action will be taken on the application until the
estimated cost of publication and posting has been deposited
by the applicant.
4.14.050 Public hearing -- Scheduli.^.a
orereaui_ites. Unon receipt or cae reauirea denosit,the
Clerk snail set the application for a public .^.earing 'oefore
the Citv Council. Notaithstandina the foreacina, no
application for franchise snall be set _ near_na unlesszz
contains the information recuired by Secticn 4._4.020.
4.14.100 Posting and nublicaticn costs. the
cost or oublication aria nosci^:g or notice ..t nearing exceeds
the amount deposited by the aoo. ica.^.t, _^e S.^.3__
!r++ applicant for the deficiency. The aooiicant-.^.a__ Ca'7^.._ne
whole Cf Such pill within 30 days after reCeiz: -__-
tL1e amount of -.^.e deposit exceeds t^e CCS: _= l:Dl'_ca—
and posting the City shall refu^d
app -,-'cant.
Chanter 4.16
COMPENSATION
^.166.010 .-anchise fee oa = eats -
A. as consideration for t^:e franchise --ranted,
franchisee snall pay to ^:e Revenue Collector iawfui
money of the United States, curing t:"e life of z: -.e
franchise, for each: and every year, inclucinc -he year of
cranti.^.g the c
franc-ise, acccr_::c co t^e francnise taymer.t
period", five percent of its cross revenues cerived :-cm the
authorized francnise service area(s).
follows: ?. Said francnise fee snail be ccmouted as
Franchisee shall oav a minimum ,nonsh'_v
fee as provided t -e ordinance cranting the francnise;
L
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TBM/: ITLE4
v"+
2. Annually the franchisee shall pay the
percentage fee of five percent of its cross revenues less
the total minimum monthly fee(s) paid during the franchise
payment period.
C. Franchisee shall make the monthly fee required
herein payable on the first day of each month during the
life of the franchise. Franchisee shall make the annual
percentage oayment concurrently with the filing of the
reports required by Section 4.12.180.
D. Commencing January ist after the first
calendar ,year of operational service to subscribers, they
amount of the minimum monthly fee shall be subject to an
annual readjustment on each January 1st for the remainder of
the ter- of _he franchise. Franchisee snall recalculate _ne
montnly fee amount to provide tnat said monthly fee amount
snail oe in an amount no less than 90 percent the t -
aL
francaise fee payment due to the City for the orecediag
calendar year, said 90 percent amount to be prorated by .2
to deterr,_r.e the montnly fee amount to be paid durino -ne
current year.
Anv overpavment of francnise fees Laid during
- -ne previous annual payment period shall be crec_ted t -
future fran.cnise fees in succeeding francnise 'lee oaya:ent
yearf, and sna_- be deducted f -cm =.ne ....,..^..
-_y fee a:nc-n-
annual percenz-age amounts a5 reglllreCl p'I_.^.e ,.rG1na.^.Ce
rant_ t. ^.e =rant.^._se. At suc. __^e as 'as
been mage, franchisee shall notify the Of V francnisee's
_nt=_nticn -o deduct anv said cverpaymen-'s)
montnly fee amount(s) due and indicate _ne scnedu_i ^v
such deduction(s).
F. =n addition to the forecoing, the C'tv
reserves the right to change its fees If after a ouolic
hearing it determines rood cause is found and such action is
not in conflict with federal laws, FCC rules and regulations
or the laws of _ne State of California.
4.7-6. 020 _ni-ial cor=_tr ct on chards. 'n
addition to -he fcreeoinc francnise fee oavments, the
franchisee s:^ail pav the Revenue Collect -r, within 60 days
after tae end of eacn calendar year, during the rife of the
franchise an _._ oast. ct_ .. cnarce f a1_ new
ccnstruction during said calendar ^year, calculated at a rate
of 5100.00 per wile or fracticn .hereof for ail lines and
Caples _aid during tae preceding franchise 7avment period
within the auznori-ed franchise service area.
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ii
4.16.030 Incorrect aavments. In the event anv_
amount paid is incorrect in the judgment of the Revenue
Collector, it may order the payment of such additional sum
or sums as it may deem necessary.
4.16.040 Proration of aavments. In the event of
abandonment of facilities with the approval of the City or
in the event of removal of such facilities by the fran-
chisee, the payments otherwise due the City for occupancy of
the roads or hichways by such facilities shall be prorated
for the calendar year in which such removal or abandonment
occurs as of the end of the calendar month in which removed
or abandoned.
4.16.050 Additional chance for late oavment. Ir
the event franchisee fails to maze any oavments nor the
franchise on or before the dates due as hereinabove orc-
vided, franchisee snail pay as additional considerat=cn ane
following amount: a sum of money equal to 10 percent of the
amou-z Cite. :or eacr,, oerioa o� '_ate oavment or --nv fee
excendina beyond 30 days of the due date, in addition to the
10 percent _ate oavment charge, an assessment or _..serest
shall accrue at ten (10) percent ter mcnt:n.. 7.:e added
cnarce(s) fer late pavmenc snail oe addea co, and oe due and
payable with, the next sacceecing payment. The Cisy snail
nog be obligated to notify tae _z anc-isee e
acc.......__t-cn of _ate oavmen_ charges.
4.16. 060 Recc a4keeoi-g--
_xar.,ination autnorizec wne.n..
A. -Franchisee snail- keel+ and preserve, for a
period of rive years after the date of eacn francnise
payment period, al- records necessary to aetermine =he
amount of such .:rancnise fees or ot.^.er payments due under
Sections 4.16.010 and 4.16.020. __-anon'-see, upon aemand by
Citv, shall make such records available for inspection and
audit by City or its authorized representative, within one
Civ.
3. At all reasonable times, the `_rancnisee snail
permit City, or its duly autncrized represencacive, to
examine a1_ property or c: ^.e franchisee erected, constructed,
laid, Operated or maintai.n.ed pursuant to tae fran.cnise,
tcgetner '+litn any appurtenant _ rcperzv or ane ___n-n:seer
and to examine, audit, and transcribe any and all books,
accounts, pacers, maps and other records kepc or maintained
by the=ran.cnisee or unaer its control which relate to the
operations, affairs, transactions, property or financial
condition of the franchisee with respect to the -rancnise.
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Chaoter 4.18
CONSTRUCTION OF FACILITIES
4.18.010 General requirements.
A. 1. The cable television system and all
franchise property and appurtenances shall be constructed
and maintained in an excellent condition, in conformitv with
the terms and conditions of the Highway Permit Ordinance, or
anv other ordinance, rule or regulation now, or as hereafter
amended, adcgted or Drescribed by the C_tv, as may be
apolicable. All work involved in the construction, opera-
tion, maintenance, repair and removal of the system snall be
performed with due diiigence ana using first-class
materials.
2. a. The franc:n.isee ^all a- all
comniv with all current apolicabie laws includi^a but not
limited to the foilcwinc: National _lectrical Safety Code
(Naticnal 3ureau of Standards); California Public Jtil__ies
Commissicn Genera'- Order 95 and General Orcer _28; 7t2.nda_ra's
of Good ?ncineering Practices for :•teasurements = Cade
a
Television Systems (Naticnal Cable Televis:On Association),
and SCC standards.
b. :n add.-_.... f__nc^_see -eet
the standards subml'-ed by the francnlsee, wnlch shall be
nc-.:dem _n the crainance ran=ne=-=nc^_se.
3. :f at any ::_me, _t is determined by the
C'_tv or anv other agency or authcrity of competent
�urisdicticn that anv gars of -he system, _nciuding, without
-imitation, any means 'sea -7 Cls-rloute S_cnals Over or
within -ae system, is . armf,.i'_ -o t^e neat-. or safet7 Of anv
person, then franchisee shall, at its own cost and expense,
promDtly correct all such cc-dit_„ns.
3. ,rancr.isee shai'_ nOt =.'s-ruct or -.'stall anv
poles, conduits or other cable television system facilities
or. City ^ichways until franchisee -as secured the necessary
permits from the C_cv.
C. Franchisee shall provide for at least a
50 -channel mi.^.imum capability, wit.^, return capaoility on as
r.. many c.^.an.nels as possible based on the configuration or the
cabie system, but with zne requirement of a minimum oz
return cacability on =our channels.
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TBM/TrTLE4
4.18.020 New installations or replacements.
A. New installations or replacements of franchise
property and appurtenances and all other facilities neces-
sary for the installation, operation, maintenance and safety
of the cable television system shall be laid and maintained
only pursuant to permit issued by the department. All such
installations or replacements shall be reviewed by the
Director as to the most desirable location in the rcads,
hiahways or public easements of the City, and the decision
shall be final and binding on the franchisee.
a. The provisions of this Code shall apply to all
work performed in City rights-of-wav and City easements in
connection with the franchise. all transmission and
distribution lines and cables within Citv rights-of-wav and
Citv easements shall be laid and installed underground
except where franchisee produces written evicence of
permission to utilize existing pole systems, or wnere the
Director finds that the remoteness of -he area c: other
conditions ustify exceptions to the rule.
4.18.030 vighwav work -- Terms and conditions.
The work of constructing, laying, reoiacinc , .malnta_n:nq,
repairing, abandoning or removing all franchise property and
appurtenances in, over, uncer, aicna or across anv .._onway
shay- be done to the sat'-sfaction of tae Director at .he
expense of tae franchisee, and in accordance wit.. all -eras
anc conditions of this Code.
4.18.040 ?lar. t.fReperzs and
Mans. ;within 60 days from the errective-cafe of the
Ordinance granting the Francaise, 7e-rancnisee snail
submit to the Director a pian for desicnazed service wit -in
the authorized service area or t;:e franc^. ise _ncicatina the
date On wnicn franchisee expects the installation or t::e
SVStem Wlli be Completed and available for service to
subscribers in the various parts of said area. The olan
sna_1include a man which details the phases, if any -
of
construction. Fran.cnisee shall :-_nisn the Director with
:70nt2ly prOgreSS reports. thereafter, Fra.^.C.^._see snail
furnish maps indicating in detail the rogation of the
existing construction, and planned construction, if anv,
within 30 days of request by the Director.
4.1-8.050
franc.^.isee, during
semiannually to the
service connections
ca: e .car months.
Semi-annual completion statement. The
the period of construction snail submit,
Cita a summary of the total number of
in operation during the preceding six
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4.18.060 Relocation of franchise property and
appurtenances.
A. The City reserves the right to change the
grade, to change the width or to alter or chance the
location of any highway over which the franchise is
granted. if anv of the franchise prcperty or appurtenances
heretofore or hereafter constructea, installed or maintained
by the franchisee pursuant to the franchise on, alone,
under, over, in, upon or across any highway are located in a
manner which prevents or interferes with the change of
grade, traffic needs, operacion, maintenance, improvement,
repair, construction, reconstruction, widening, alteration
or relocation of the highwav, or anv worx or improvement
upon the hichwav, the franchisee shall relocate permanently
or temporarily anv such franchise proper:•_! or appurtenances
at no expense to the City upon rece-JD: cf a wr't=en request
from :he Director to do so, and snail commence sucn worx on
or before _he date specified in such written recuest, wnicn
date sP.all be not less ala P. .30 Says receipt of su C.^.
written :ecuest. Franc'.'.^.isee snail t-ereaf:er ciL Qentiv
prOseCute s:c wOrk t0 c0mplet:3n; snouid _'_3.^.cn:see reciecc
or tai_ to relocate _its facilities a =_ -e -'J 7arner==er
receipt of any such notice, franchisee 3e __spcnsibie
f„_ and na_l reimburse _"e Cita =or anv s..n_ sl_ add'_=_ r.31
costs or expenses _nc:._red by count-! cue
__om sucz: delay in :elocacion o= _aces.
3. _ne Cit_ reserves _ne __, t t_ _=y, cCnst__,._,
..
:epairr al=err, relocate and maitain subs:::=ace _.r -
:.�ner
faci_-=les _Lpr Jemer.cs f any _pe ,: cesc: _ :on in a
government -a_ but ...,t :Dropri=ta-y -n. -
.,__^.ways over wnicn _re __a.^.c.^._se _n zrant?C. the city
__nds _..c- _ne _Ccat_,,.. „_ reioca=_,.. .,r=mCi
c
h _izies or
...._se ,^,p_erry or
appurtenances -aid, constructed or Mala aimed under z:e
f:=nc"se, whet-er suc. ancnise p-czert7 -was laid,
constructed or maintained befere cr after the facilities of
:-e Cita were laid, :-e franc" see _f such-_ancbise shall
a: no expense to --e City on cr befere the date specified in
a written recuest =__.., the __re a r, wnicn _ate s^all not be
less than 30 days after t -e receipt of such'notice and
request :o co so, ccma,ence ".:orK :o cnance :ne -ccat'on
eiz-er permanen:ly or temperar_1v of al_ '_ancn'_se property_
ane=ppu:te^ances sc with sucn _mprovements to a
per^anent or temporary _pcacicn�_.. sa_d^ways, to be
approved by the cirectcr; and t-ereafterciiigently
proseci:te su C.^. WorK CC CO^„pleCiOn. S!"!CUid _:3 P.C.^.Ls2e
necleCt Cr =ail to :eloCate .:s=aCi14es in a timely
manner after :ecei^t 3f any _ucn notice, frznchisee shall be
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T3MjTITL 4
responsible for and
acaitional costs or
resulting from such
4.18.070
shall reimburse the Citv for any and all
expenses incurred by the Citv due tc or
delav in relocation of facilities.
Removal or abandonment of facilities.
A. At the expiration, revocation or termination
of the franchise or of the permanent discontinuance of the
use of all or a portion of its franchise nronerty, the
franchisee shall, within 30 days thereafter, make written
application to the Director for authority either to abanaon
ail or a nortion of such franchise nrooert•v in place; or to
remove all or a portion of such franchise property. Such
anniicat;cn shall describe the franchise property desired to
I abandoned and its location with reference to City
hichways, and shall describe with reasonable accuracy the
phvsicai condition of sucn franchise property. he Director
shall determine wnether anv abandonment or removal wnach is
thereby proposed may be effected without detriment to the
public 'interest and under wnat cenditiens such o-oocsed
abandonment or removal may be effected. The Director snal1
then notify the franchisee of ..is deter .r.ac_cr.s.
S. Within 30 days after recei^- of sucn notice,
the=r=ncr._see _hal'_ apply for a permit from t e denartme.^.c
to abandon, or remove rranchise Prcnertv.
_ . , - -
' The
he =ranchisee snag_, wit_._.. 50 days
obtair._ne such perms z, commerce and d___-11' OseCu'e t0
Cmmr)letivn the work authorized by the permit.
4.18.080 Costs of 3emcva_ ?_'ov
A. If anv facilities to be abandoned ?lace"
subect to nrescribed conditions shal_ of ce abanccred is
accordance wit- ail sucn co:^.cit'_e.^.s, t^e director Fav make
additional appropriate orders, _ncludiae an oder tnat the
:ranchisee =hal'_ remove anv or ail sucn facilities. Tne
'ranchisee shall ccmpiv wit.- such additional. orders.
B. in the event that the franchisee fails to
comply with the terms and corditicrsof abarconment or
removal as may be .ecuired by _..is Division 2, and within
such time as may be prescribed by :he Director, iter. the
City may remove, or cr=use to be removed, such fads__ les at
_he franchisee's exnense. Tae fra.n.cnisee shall pay to the
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City the cost of such work plus the current rate of overhead
being charged by the City for reimbursable work.
C. If at the expiration, revocation or termina-
tion of the franchise, or of the permanent discontinuance of
the use of all or a portion of its franchise property, the
franchisee, within 30 days thereafter, fails or refuses to
make written application for the above-mentioned authority,
the Director shall make the determination as to whether the
franchise property shall be abandoned in place or removed.
The Cirector shall then not -,=v the franchisee of the
determination. The franchisee shall thereafter comply with
the provisions of subsections 8 and C of Section 4.18.070.
Chapter 4.20
SERVICE, RATES AND CONSUMER PROTECTION
4.20.01 0 Establishment and f nishinc cz
ser 'ice -- oced -es and ccszs.
A. Franchisee snail, within one year after
acceptance Or _franchise, Obtain ail .^. ecessar7 ner:ni: s,
ce:t_f:cat-0.^.S and aut.^.0r4zaC_C,^.S as may oE! :=C;:1: eC _ ^E
conduct Of _Ls business. nc.^.'Se6 S^a_L _-o�
Director and =evenue Collector wnen a__ such^ - zs,
authoL_zaticns
and cert_:_caticns ^ave teen -z-- red
S.^.Ovid f__=ncnisee ze urap'e ^C0.^..p i_/ 'd'=.. :n?_-_.. '-^ant5
Of zhis subseczica within the^__me spec_f_�d -ereJ - -
fr _ _n _..
ancn_se :serer.. granted shai_fbeccme and ;c
a� � rd and
f:ancnrsee ::hal_ ^ave nc __ zs zhe: _ vicea,
however, zhat C_ty CCU.^.Ci ^av f _Jccdy .cause _ own by
-ranchisee .rant extensi ns t __mez �p-- y-
:ec_remenz. -
_._is
�'
3. :within 90 days afze: obtaining zhe necessary
per^its, certifications and auzhorizazicns, franchisee shay_
corrence construction and _nszalla-ion .,f zhecaoie-e_evi-
sicn system. Franchisee sha__ no-rf z
-ne C.rec-or and
Revenue Ccileczor, in wriz_nc wiz.ini0 days tnereof of the
date Of commencement Cf cOnstrUcti0n and _...-sta1'_ata0A work.
C. The f:ar.cr.rsee shall extend and cOrip_ fete -he
cable television system '.._oucnouz the Ces:Cnated service
area :iz.^. r?asonab:e C__'Conce. ,'11 t�": -.,JC 'less after
ccmpl_ying wltn the recut:ements Of Suosect_on A, franchisee
shat_ be capable of prev-ding basic service to every
residence within _he C:anc-ise service area ❑OLW1tC15td P.dinQ
/�•
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T9M/: TT.r..it.4
the provisions of subsection D; provided, however, that the
City Council may for rood cause shown by franchisee grant
extensions of time to comply with this requirement.
D. Upon a reasonable request for basic service to
any residence within franchisee's service area, franchisee
shall promptly furnish the requested service to such
residence; service shall be provided to a residence passed
by franchisee's cable plant within 30 days of request for
service. Notwithstanding the above, if the franchisee can
show that permits or other authorizations must be obtained
or that the provision of such service is impractical,
technically unfeasible, economically nonccmpensatcry or will
impose an undue hardship, the Director :nay waive or defer
franchisee's obligation to provide service to such
residence.
_. 1. For nurpcses of determininc compliance
with the provisicns of this section, and to orovide for a
reasonable and nondiscriminatory oolicv eoverninc =Ovisicn
of cable service to franchise service areas, francnisee
shall oreviae service to new subscribers at the .n.crmai
installation charce and ncnthly rate for custc-ers ._ hat
classif'icat'ion -, der -_Jne=oi_cwing teras ar.d ccr.dic_ ns:
a. (1) where the new sob=_cr_ er, _s
�
_ccatea wit --_n 100 feet ..f exi-unc aerial or _naer _nd
J.,_
_run..K or distribuzion feeder cable or _ crcuo o: IOmere
new subscribers =re within 1320 feet, or a crou_o .,f _00 .-
more new subscribers are :pit:^in 3280 feet; and
(2) where the number .,^ Z -c.-nes to be
passed by such new extension cable t bears
plan the same or
proportional __t_ to tr.e total amount of new ca ---e plant as
the averace number of hcmes passed per mile of exlstinc
Caoie plant; Or
b. n the alternative, the ordinance
crantinc the fr_=ncni-se 7.av sneCif7 ':^.e number of `:cores t. be
oassed ter ..,_le (for aerial and undercrtund construction)
l
which sal_ require mandatory provision of service.
2. _.. ..he event the requirements Of
subdivision are not Tet, franchisee shall provide
ser-; ice t., new s....,scri':,ers at the normai ..aonthiv rate for
cusz--niers of t:^at classification and :he instai'_aticn cost
oer subscriber shall be determined as fcllows:
a. Within 10 days of request from a
potentia'_ subscriber, franchisee sha'_iprovide a written
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TEM/TITL-74
cost estimate to potential subscribers whose residence or
commercial place of business is located in excess of 100
feet from the closest trunk or feeder cable. This estimate
is to indicate franchisee's cost for labor and material _plus
10 percent for overhead costs for excessive footace from
energized trunk source and/or concealed wiring and/or
nonstandard underground drops. In addition, the estimate
may include the costs of use of utility poles for aerial
cable, if applicable.
b. In the event there are less than
the average number of homes per mile cc be passed by cable
than are at present in the total plant, cable service will
be supplied at a cost based on tae following formula for
both aerial and underground construction:
_. *Cost per mile to cons-r.:ct
average acmes per mile _.
plant for overread or under-
crcund as may be aoplicaole
__. Cost per mile to tens -root
subscribers recuestinc
ser,,"
ice
Cost per subscriber less
franchisee's cost
_ •rancaisee's snare
_ ___-ger _.:cscr_cer
_Oscr_ce-'s cost
".'�..p5- ter mile -o construc-" ".ea.^:s -ne-__n-cey - :ce as
supplied by ,he cable manufacturer of the ne:Jesz:version of
tne__ en' _ ment ^*e=_en_ 7 --e_ . aSsd _ ..,...
:ra_see in the
system.VySucn cost to construct wi'_l include tae -Ouse
crops.
The franca -`see snall not be responsible for
providing service in taose areas :-eetinc tae density
recuirements nerein or in tne ordinanceVranting_ the
franchise __ the francaisee is precludedbv _ae orcper*v
owner, instrument of record, or contract from providing
cable services __nstructinc _nc _ns-a_rac41_t4es and
ec'uioment. `
4.20.020 Ser -,Ice to cublic facilities. -Franchisee
shall, upon. written. request '__cm =e Cit.;, provide and
^alntaln, at no cost 'O C:tf, at least one caole television
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`V/T.ITLE4
drop and free basic service to each City facility, whether
an owned or a leased facility, facilities utilized by public
agencies with which the City contracts for services, each
law enforcement facility, fire station, public school or
other public facility located within the authorized
franchise service area.
4.20.030 Service to private nonprofit schools.
A. Franchisee shall provide and maintain, at no
cost to City or school, at least one cable television drop_
and free basic service to each private, nonprofit school
site within the authorized franchise service area.
B. As used in this section, "private, non profit
schools" means schools that satisfy the requirements of
Section 12154 of the Education Code of the State cf
California, and ankh are exempt _rpm taxat'on under Section
214 of the Revenue and Taxation Code of _he State o=
California.
4.20.035 Emercencv override. The franchisee snail
inCCTpCrate _t5 Cd61e telev:51O: s7stem -e
to permit the Cita in times of emergency cverr:ce -he
audio f _ rti_.. _ al- channels simultaneous_ add'-
. _ ^
== _easible, the zrancnisee may be recuired zo ce_i^nate^a
channe_, which may be a ?EG channel, tybe 'a ed r
emercencv brcadcasts of bet audio andv:coo.-he
s;.a it CCCDerate with Z"e l.:' _.. :"e _se Ana
cperazit. Cr he emergencv audio Cverrice = s'e'l. ^e
__=nChisee s..-_- cCcoer.'_t? wit.. t -:e r•' -_ _.J z:—de ,
necess=__ ec'"pme.n.t n times or em
e_ -encu.
±.20.040 _ to n _ _
rccn ect v'n wi-- •her .ivsz_2ms.
A. The C'_tv reserves the rithecht =o ec ire the
_rang^'_see to interconnect its cable~ television system with
a..^.v Ot.^.er cable television system Operating with"::heCity.
For coed cause shown, City may waive or de=er this
requirement to interconnect, Or grant reasonable ex-enslons
Of time tc corply with ....is recuzrement.
For the ourpcse of this section,
"interconnection" shall be defined as reception of or
ccnnection to those electronic signals wn.icn are delivered
to the franchised cable television system by any foreign
source for distr4bution. via the cable television system.
Suc: e_ectron_4c signals shall be in a format acceptab_e
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TSIM/TITLE4
(within the state-of-the-art technolocy) for unattended
processinc into radio frequency enemy for :etransmzss-on
into the cable television system.
4.20.050 Signal duality responsibilitv.
Franchisee shall retain ru11 responsibility for the quality
of cable television service to all recipients of
redistributed service (i.e., through microwave, master
antennae or satellite redistribution). Franchisee shall be
presumed to have retained such responsibility tocether with
all obiications arising from the franchise, including but
not limited to charges to the ultimate recipient for
service.
4.20.060 Compliance with FCC Rules and
Reculation.s. Franc'' s.^,al� at a_ - mes comply with the
rules and reculations covernina community antenna television
system (CATV) operations promu_cated by _te zCC.
4.20.070 Exclusive City use cnann
e' . -r ar.c^_see
shall dedicate one cnanne_ for excius_ve Ise ov the City.
4.20.071 Use of Facilities and -dui=en- :n
addition to excl,:sive City use cnanne: as _cec
Section ".20.070, Franchisee snail providevC' -altn t^e^
facil_ les -no equipment as necessary for _ rttra:-
.m:. n
4,20.080 Public, ecucazicnal and cove- -- se
A. :n addition to exclusive C:` -se Cannel as
^-o Zed;--- Secticn 4.20.070, =ranch_see snai' -=J:cate
a m_4-Lnum .,f Six cta.n..n.els for public, edilcat:dnal and
_cvern::'entai 1ses. Use .._ 2acn type�_' said cnanneis s.
^.a1_
be in accordance wit_. Cita policies arc procedures. City
reserves tte r.cr.t to dance, delete or amend such poi:cies
and procedures curing the term of the franchise.
B :f =ewer than six ?EG channels are to be
activated initial__;, activation of cnannels beyond those
recuired fcr initial activation, shall be accorcinc to a
_orcu_a wtict stall be expressed In tte ordinanceranting
the franctise.
C• _. Channels act -4 azed fcr public or
educational access uses shall contain daily notice of the
name, address and telephone number of the oarty to contact
for :..formation retarding access uses, and advisement -tat
ctker^ctannel_f
s, any, are available 'or PEG uses. :he
_anc;:ate cf to e notices s.^.ail oe approved by t^e ReVe.^. ;; e
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TBM/TITLE4
t .
Collector, prior to carriage, and the notices shall- be
provided on a scheduled 'oasis as determined by the Revenue
Collector.
2. In addition, in the event that not all
PEG channels are activated and utilized for PEG uses, the
franchisee shall issue periodic written notice (at least
once a year) to subscribers informing them that additional
c:annels are dedicated for public, educational and
governmental uses and are temporarily being used for other
programming _purposes until needed for community and
governmental uses. information shall also be provided
regarding whom to contact regarding PEG uses.
D. Franchisee may utilize PEG channels dedicated
C but not yet utilized for, ?EG uses, for prcgrarmlac of
their choice until such z_ae as utilized for ?EG uses;
provided, however, that prior to francnisee's use - ariy
such PEG chanr.el(S), franchisee cive 60 days wriztea notice
by cert_fiee mail to zne Revenue _ectcr zf such ':se. The
Revenue collector shall cive 'ranchisee 60 days orir
written :_ ^o^ 0 .se :,:cCnanne_(s) -Jr ?EG
use(s). notice
cviced, nowever, should _ra.^.C.^. '_52e _t_ _Ze suc...
c-annel(s) with prccramning wnlc. prcyides fc. _cca:
adverzisi^c, ___mnchisee final_ be req^ir=d z., onovi�e ?EG
informational notices as required in suosecziZn (C)(l) -..
any such cha-ne_.
_. nder..z___zeo rEG cnanne_2 act_Iated _EG
uses may also be ..,.__'_zed by franchisee for compatible Jvoe
prcaraniming sub"ect to _..1 es and _OceCCres cStabi_sned and
as may be modified by the City t..rcuchcut -he -erm y -tee
fra.ncn.ise. -
:ranchisee shall not be permizzed to use a
ded'_ca=ed ?EG channe-_ czheranel capacizv or, the
hl -r.
syszem as not been urocrammed.
G. The Reve-ue Ccector m:av for good cause waive
or modify the requirements :.f --nis section.
4.20.085 ?EG orcv'sio.n.s -- Not 'ee sr oav+^e^ts in .
kind. Franchisee shall agree zhaz _he provision ,f -EG
c..^.annels, free cable Crop, free basic ser74Ce, equ'pment and
emergency services, as speced _n Sections .20.020,
4.20.030, 4.20.035, ;.20.070, .20.071, and 4.20.080, shall
net be considered as wizhin the meaning of -he term
... "`ranchise fee" or "payments _- :kind" as 4sed in Sect'on
622(c) of the Cable act.
L
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TBM/TITLE4
4.20.090 Return capability for exclusive Citv use
channel and PEG channels. Then reauirea ov t.^.e Revenue
Collector, trancnisee snail provide return. capability
channei(s) for use in connection with the exclusive City use
channel and/or PEG channel(s). Said return caD_abilit_v ma_v
be provided on PEG channels.
4.20.095 Leased access channels. Franchisee shall
provide leased access channels as recuired pursuant to
Section 6612 of the Cable Act. Total system capacity shall
be calculated inclusive of PEG channels. Franchisee shall_
submit information regarding leased access channel rates to
Citv when requested. Leased access channel rates shall be
available for public inspection.
4.20.097 Local public broadcastinc cn.annel
recuirements. To the extent aut:norizea by law, ever_:
franchisee snail carry a puoiiC broadcast station s) on a
cable channel within channels 2 through 13, inciusive, or on
its current broadcast channel _dent-ficatic.. .. ger, or :n u
cable c.^.an%el number as otherwise aareea zo bv'tne Pevenue
Collector and zn e _ranc.^.lsee. :rancnisee may not chance _-e
cable cnan-el placement or the public broadcast stat:.-n(s)
without -he Revenue Collectors written =oor77a:.
recuirement snali apply to all franchises zra.n.ted, renewed,
ass_-nea :,_ modified after _he effective _ate =_ -ne
oral-ance ccdified in this section.
0.100 Sta
r ecurernenzs
The City ma
sub=scriber terminals co
cablecast c -pals whica
car:iace by zne FCC. The
snarl be _f ._ a-,aty
difference percectible to
to the `head -end or at the
ne.
ds for ser -,ice -- .._.. _... _...
y recul:e _rar.c:^'_see delver :c
^.ose-elevision brcadcasts and
re now or hereafter au:-crized f.,,
signals produced by the system
t..rcuchcut the system witn no
viewers whether in erose proximity
'art^est extension. of -he -rusk
S. Fra.^.c:^.'_see snail distribute in co'_or these
televisica signals which it receives in color. The system,
as installed, shall be capable of passing standard black and
white and color video channels wick associated audio signals
without material degradation and with no prase shift and no
effect on cclor fidelity and intelligence.
C. ^rar.chisee shall render such. service to
subscriber as will meet technical and performance
:eCII:: e'^e.^.-s of _.^.e :ranca'_se. At a ml.n.imum,=ranchisee
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TBM/TITLE4
n
r
shall provide the broad categories of services and mix,
-
quality, and level of programming represented to the Citv in
the application and ma -'e a part of the franchise agreement.
2. As an aid to City in monitoring signal
strength and quality, franchisee shall provide City with
copies of all FCC Signal Performance Reports. Should the
FCC no longer require signal performance reports, franchisee
shall make and submit such performance tests and reports in
response to written request by the City. Anv time the
signal does not meet FCC standards or the standards of
franchisee's ampiication as incorporated in the ordinance
granting the franchise, franchisee shall make a pro rata
rebate, in money or in services, to each subscriber based
upon the percentage by which the signal fails below standard
and upon the length of time that such condition nas
existed. Such rebate shall be made to the satisfaction of
each subscriber, or of City _=
cannot be reached. agreement with _1e subscriber
D. Fra nc:^.'_see shall prcvide procram or`_ nat;on
if so reeuired by the FCC or tine ordinance crantinc the
franchise.
E. Franchisee shall render et__,.__..t service
making repairs rcmpt_•J and _nterr.:pt_nc se'. e =
or
coed cause and the s:n.ortest possible t_aeo an'; scheduled
nscfar as pOSSible, .nal_ te crecede,4 by
notice riven to subscriber at least 24 _n advance and
shall occur dur_^c periods of minimum .:se .f :---System.
m.
Z. _rain::c.^.isee must retain and ^ave available
emergency perscnnel capable of perf-retina emercenc•J repairs
and maintenance 24 hours a day, every day, _ncludirg
weekends and holidays. The Revenue Collectcr map waive or
mcdify th^.is requirement if fran=1see can demonstrate that
it is .not economically feasible to provide such emergency
personnel.
G. Franclisee shall notify the Revenue Collector
within 4$ 1Gur5 of when the cable television system
,wis ,when the system i 1
5 avi.^.0 tec-n.ical diff" down,
u'_ties nils may
ar_'eCt services to the suoscriber, or when-rancnisee's
telephone lines are out of service, in order that the
evenue Cc1_'ectcr i5 able to advise ^:ose subscriber wno
contact _he Cite due to inability to reach _he cable
operation in addition, franchisee shall advise the Revenue
Cc_'_ectcr, by telep^one and _.. writing of all scheduled
maintenance whicnwill cause disruptions to service, and of
any outaces _f more :-an `cur ours duration.
TBM/TITrZ4
` H. A line item on each bill to the subscriber
shat= de= -scribe anv credits for interruptions, and credit(s)
shall automatically be given on a pro -rata basis to any sub-
scriber(s) affected by interruption(s) of service for more
than two hour due to actions or outages under the control of
the franchisee, exclusive of scheduled repairs or
maintenance that franchisee has provided advance notice of
to subscriber; for such interruption(s) of service not.under
the control of the franchisee, credit(s) shall be civen on a
pro -rata basis upon the request of the subscriber(s).
I. Franchisee shall maintain and ucarade the
system and services to reflect feasible technical and
economic developments cccurr_na during the term of -he
franchise which will benefit the public in terms of new and
more effective and efficient service and to provide a
state -of -t. ^.e -art cable television system which meets :.^.e
ir.tereBZS and needs Cf ..he community Curing the Cert❑ or the
4ranc.^ise.
Franchisee shall Orovice and ma_.^.tain
continuous service to subscribers unless al coved :znerwiSe
by the =CC. _anchisee may pet___o.n. zne CC auzn,Crize
the sus=e.^.s_Cn or abandonment of service -,=on SL:Cn
rea30.^.aD 12 t^..Br.S and CO:1d1t:Cn5 a5 :',8v De cr ?SCr '__-eC b7 ="o
?CC. ] coov cf anv suc.n. OeCiz'_on Small Ce ___ec w_zn =he
county en^_neer Co.n.cl:_re. _,v wizn ^.e __-_. _r =_._
wit.. the -CC.
K. '.;bon recuest of-ubscriber or
subscr_ber, franchisee snal_ prcvice _ ... _.._. oe=-ne l2
.ncoi.) or afternoon (after 12 neon) service ca__ or _nszal-
laz'_On. acoci.n.tment. Should fran.c.n._see --e -:-.ac-'e z.. {eeo the
appoi.n...menz, subscriber Sha be noz___ed ..t zne -___lies`
possible oppert,_—_Jcy, and shall be rescnec'ulec cna priority
basis.
4.20._10-nstallati -- -ecnnical
document--tic-n. rra:n.c.nlsee shall provide _..ne 3e7e.^.u2
CollectCr wit: Ccmnleze techni Cal dccumentazion of_he cable
television syste-m as nstalled. Said documentation.shall
include, but -s not limited fo, head -end eq -:ment and
iodation, satellite location and zech-n.ica_ parameters, and
the bacKbone Cable routine but need not inc-1--de earn
suoScriJer ercb. SuC. c�Cu:::e .^.Cat- .. Snail 'be sen: -=z„ the
Revenue CollectCr :Jit^in 60 days otninitiation of subscriber
Service and S^all be updated as necessary.
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TSM/' T_LZ4
4.20.120 Subscriber complaints -- Investigation
resolution and record:<eepina.
A. Response to subscriber complaints shall be
initiated within one business day of receipt and the
resolution of subscriber complaints shall be effected by the
franchisee not later than three business days after receipt
of the complaint. Should a supervisor not be available when
reQuested by a subscriber, a supervisor shall return the
subscribers telephone call at tae earliest possible time and
in no event later than the end of the nest business day. If
a subscriber has notified frar.cnisee in writing that a bi11
is in dispute, franchisee shall not terminate service
Bending resolution of the dispute, nor shall the account be
turned over or reported to a collection agency, provided
that the remaining balance of the bill is current. A 0111
shall not be considered to be in dispute solely by reason of
nonpayment by subscriber.
H. ;;con complaint by anv subscrioer, franchisee
Sha_"_' "ave the burden to satisfy tie Revenue Col_ector -hat
d S1C.^.a: is Del.^.g delivered which _s Of s�l___C-ens strenatn
d P.d Quality to meet standards contained _n _ne FCC :- e=_ and
as 'del'_ as tr.e City standards _n er=ect aur ng
tneyter.., of tae 'rangnise. The Reye^tie- eO-
- =v, -z-on
c0^s_,^_erat:On Of the coriolai-t and evidence
Icn_<_ee order :'-at -ne f_ancnisee awar_ the - tcc_ate
c_ed__ _C t. ^,e ccmr)lai.^.1 .^.0 Su^SCr:DEr.
C. Franchisee shall maintain a written .,,mo_iain_
recc__ cc..tainina _'-e
_. Cate and time of subscriber cdap_a17'
2. :densification of _ne complainant by
name, address and telepnone number;
3. Description, of tae ^attire ^^ t_f he
complaint:
4. A record of when and ;gnat action was
taken by franchisee to resolve sae ccmplaint.
D. The complaint record shall be :teot at
francaisee's local ..f_`ice for a pericd of two year after
receipt of any such complaint. A copy or said cemp_air.t
record shall be submitted by franchisee to tae Revenue
r—�
Collector upon franchisee's appiication for extension of
THM/T1TLE4
.. , .
i
service area(s), modification, transfer or renewal of
franchise and within 10 days fol'_owina receipt of a written
recuest therefor from the Revenue Collection.
1. If required by the Revenue Collector,
said complaint record shall contain a semi-annual (through
June 30th and throueh December 31st) breakdown indicating'
the total number of complaints received for the preceding
reporting period, and shall indicate the major
classifications of complaints as follows: construction,
billing customer relations/service, miscellaneous.
E. Throughout the term of the franchise,
franchisee shall maintain an outace log showing the date,
approximate time and duration, tvpe and probable cause of
all head -end, trunk or aistrioution line service fail res.
The -roe shall also include information relating to routine
testing'or sched— ea maintenance outaees. cop_i of said
outace log shall be submizzed by franchisee to the Revenue
Collector wi' i.n. 10 days fcllowing receipt of a wr: =zen
request therefor from the City.
4.20.122 Special rests and reports. :ihen
como_aints have been. .mace, evlcence _nalcates a.n. _:nresclvea
centroversv or significant ncnco—p1_a.n.ce with ___.ncni_ze
standares, or when circumstances exist wn:cn, in --e
tudamnent of _:^.e Revenue Ccllector, cast ccuDts p n =e
reliaoi_:ry or cualit_y of cable service, -::e �eve.n.'.:e
Collector may require -rant^isee, az __=ncn__?e -_ .int, tc
test, analyze and provide a written reccr- = the
per' _mance of _ne system. Said :en=: s.._ll to '_el -'erect
to the -Revenue Collector, no 'later tsar. 14 days after
franchisee is notified, in writ- -ne rb_ -reg r=per-
and shall-ncl.:de the followi. _..fcr-at__... .at..re of the
cc—plaints whit:^. precipitated ..he spec-- rests; what system
cc-1pcnent :Jas tested, the ecuipme.n.t _sed, anc _OrOced,,res
emuloved in said testing; the results of sucn test; and the
methcc which said ccmplaints were resclyea. _"e Revenue
Collector may require that tests ant analyses be supervised
by an lncepe^dent professionai e.n.cineer acceptable to the
Cit7. .he cost of suc. tests snarl be bo-ne by z -e
franchisee. The tests snail be forwarded to theRevenue
Collector with a report _ntenpreti^.g the resu-ts of the
te=sts and recon-mendi.nc actions to be faxen.
4.20.124 Subscriber ler-final test -ecuests.
_rancni_=ee s^all, upon reasonaoie recuest .._-^r-noiaint by a
r� subscriber, per' r.,, such tests as necessary atz ::.-e sub-
scriber's terminal to establish whether a signal of
requisite ,uality is Being delivered to the subscribers
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TBM/TIT17F,4
., , •
premises. The results of such test(s) shall be given to the
subscriber as soon as the test is completed and evaluated,
and in no event later than 10 days after the test is
conducted. Results of such tests will be submitted to the
Revenue Collector, upon request.
4.20.126 Periodic review of system auality. The
Revenue Collector shall have the richt to conduct periodic
reviews of the performance and quality of the system during
the term of the franchise. The record of subscriber
complaints, the record of performance tests and other tests
or surveys conducted shall be included in the review.
4.20.130 Notice and infcrmation to subscribers.
A. Prior to or at the time of installation,
franchisee shall provide each new subscriber wit:: written
information regarding:
1. A listine of all services, Pac:taoes and
rates available at the time, including billing opti ns a -d
dispute procedures, refund _procedures, and ccapanv policies
regarding disconnection and reconnection services ana
charges;
a. franchisee -as .iectea t., .tze
__he _ter, charges f,._ lrancn_se :ees, cc.-_ t _ne^..t er
fees as peraitted nder Sect_.. ^ 634 .f the able Ac- an.-
such __sting_, whetner writtenor .._a_, _nal_ _sclose -
the prospecti•re subscriber :ne t.,ta_ _tsts asspcia-ed w _..
recelvina cable sery:Ces. ?_ _-? _35:a7C9 .,r 3-
-S,
nOt1C-S, a cCpy shall be submitted t., t_ ^.e leven,_,e^..,,�^ecz:;r
for review and aporcval of :.a notices.
notices.
2. The avallabl:.lt_J or anv devices required
by federal, state or ictal law, such as, but -ct limited to,
parental 'lock box device and a switching device ("A/B"
SW1tc.^:), and any fees or cnarces associated with reCel'71.^.g
the devices;
3. The address, telemncne n,:Mber and hours
of business of franchisee's 'local office for service and
resolution of complaints for the franchise area;
4. :dent ificaticn the Cit:, inc,,:d-ng
address and telephone number, as the referral agency, _., a
fora of 'language to be Provided by t; ^e Revenue Collector;
r- 5. '• separate, written notice containing
_::formation recarGing PrCteczicn cf subscriber Crlvacv
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TSM/Tr rLZ4
• , -
r
rights as specified under Section 631 of the Cable Act.
Said notice to subscribers regarding protection of pri;aC';
rights shall be issuea in a separate, written notice at
least once a year thereafter;
6. Other appropriate information reaardinc
franchisee's system as req ir_ed.bv the Revenue Collector.
B. Franchisee shall also provide a separate,
written notice to all subscribers every six months or as
required by the :Revenue Collector, which identifies the
department as required in subsection (A)(4).
1. Semi-annually, the _Revenue Collector
shall provide the languace of the notice to be issued to new
and current subscribers. Failure to circulate the notice
every six months as required in t..is suosect'cn 3 steal'
resat in the franchisee being assessed ane cf
one dollar
per subscriber oer month until sucn time as notif-cation is
made to subscrirers as required.
C. I. The notices -equired in subsecticns
(A)(5) and (3) cf Section 4.20.''30 may be z.-. ne
r— mailing .,f the subscriber's bill_^tt
satemen, t t SnaI -
be acc=,t)a..^:-ed by any orcmotionalmateria-3.
2. Frar.cnisee stem - pill_
-ne Revenue
Ccllect.,- on a mailing list for the notices rec•_red
subsect_cns (A)(5) and (3) of this Secticn-
4.20.'40-
oda: ousi^ess ort-ce •-_�...-�m=^-s.
A• Franchisee shall miaintdin a _--Cal business
office. wiz -in .._ the City and prcvide the Revenue Col-
Wit'- te name, address and telep:^one nu-ner „f erson•(s)
wno wi-- act as the francr.isee's agent(s) f__ general
manacement of the system and to eceive comp^:ocarcinc
ua'ity service, equipment ma -functions, andsimi -dr
matters. cranenisee shall advise Ci` o a ha.^.ce Gf
r3.^.cn4see's agent(s) :ai -..in five worzinc days o: any such
Chance. _'he local office shall' be open to receive i^quirie5
or complaints from subscribers curing normal business
::ours. A toll-free zncne -umber snall be available to all
subscribers located within the franchised area for the
reccrtin of
se:✓ice problems on a21' :our-
s ver day, seven
cat's per week, 365 days per year basis.
B. cranchisee shall provide sufficient teieo_:^.one
-_nes, eit^.ec adequately staffed or with answering
capaoil_ty, providino, at one minimum, emergency referral
i.
-53-
informaticn. Franc:,isee s,nai1 return calls for services or
comniaints received during normal business hours within four
business hours of receipt, and shall o_rcmntly investigate
and resolve all cans for service and complaints. During
periods when answering service or machine is used,
franchisee snail provide on-call personnel who shall contact
the answering service/machine, at a minimum, every four
hours to check on reeuests for service and complaints.
C. In order to determine wnecher sufficient
telephone __nes are provided, the Revenue Collector may
recuire chat a busy study, traffic stucv or other study be
conducted, at franchisee's expense, if any, by the local
telephone company. Should franchisee have its own telephone
eculoment which can report On telephone llne(S) usage, t::^.2
franchisee may submit such report from its own system.
D. Should dhe Revenue Collector determine - '-ad
insuffl__ent-elor _nadeczpnone lines '.-ace st :-____ exis--
s,
srai'_ ca<e necessarvi ceps ens::re _^at
adecuate-elepncne 'nes Cr Std___ng are d'idi_dJ_? :or
normal,
-
normai, daily activities. Cons_cerat_en snail ce given
periods of prcmetic.n.al act_._c_es or cudaces. -he d..iv^
per_cc Snail ce ccnslcer as a 71C771 -n-, tai
activi-y _ purposes ...
ceder_.._ acecade -e_'- _ne
es and/cr staff_ .
= raze=nces. =;c�oc -o =ne
extent preemn-ec py=ecer�_ sd d=y_a and -_- _� _ ns
_he procedures and sz-ancares set sec -len sna__
prevail except as -edified Jv dne crcinance- ran -_ng -ne
d.accn_sz. -
A. _.,_ new and newiv renewed _`_ancc:_ses, curing
the first year ..r opeLational service orfered -„ suoscrlD2L,
d__.^.c.^._see _nail cherge a subscricer no more for -
services -pan the rates and charges initially approved bV
d.^.2 City CCunc_1 "d Cen cranzinc d: ^.e frar.cr.ise.=:ancr._se=
shall not chance rates Or charges :finless sucn c:n.ances are
approved Or authorized in _ne manner pLGViC2C _..
section.
3. 1.For existing franchises and after the
first year of operative service to subscriber, for new and
newiy renewed franchises, f-ancr.isee snal' --f•; .•-e
Revenue Collector of any proposed on.ance in rates or
chaLces. ..`.e notification snail include a wridcen list
snowing =he rates anc cnarces current'_?y. effect and _:^e
prcoosed dna^des. ..".e notice snail also inc_uce -he
ustification(s) fcr _he proposed c-ange(s).
-54-
T9M/T:TLL4
2. Within 30 days after submission of
franchisee's proposed changes, the Revenue Collector, in his
or her sole discretion, shall either approve or disapprove
Of the proposed chances, or any of them, and shall notify
franchisee of the decision. To the extent that any proposed
chance is disapproved, the Revenue Collector shall set forthin writing findings of _act for disaoproval.
3. Franchisee shall not take any action to
change rates or charges until authorized to do so by the
Revenue Collector, or as a result of an appeal taken as
indicated in this section.
C. Franchisee may, within 10 days after mailinc
of the notification of decision, appeal such cec_sicr. to the
City Council. Coon receipt of the appeal, tae Councvl may
take any one of the following actions:
1. Approve the decision;
2. Refer the matter back to the Revenue
Collector with or without instruction;
3. Set the matter formc_r_.
public tear ce
itself; such i.^. '
_ g shall be held ce ..ovo as no
hear_.ng previously had been -e-,a.
4.20-160 Notice to subscribe -
r = - - .ance cf
service =c_Y:.
r ncnpavmen. ncr.isee =_-a-- -przvlze --
mas
60 _t
says wri-_ten notice to a subscriper _.._
discontinuance cf service for nonpayment. =:-:e no -ice shall
contain t'. -e date, time and oiace by wn_cn pavment must be
made _n order to prevent disccnnecticn or service.
4.20.165 Restorazicn o' =er•,ice ;isccn^=c-Ad <z
error -- No caarce 5�bs __per. _n the event rrancn�see
has _mproperiy or iaadvertentiy disconnected cable services
to a subscriber, _ranchisee shall oro -vide -or restoration
without c^arae to subscriber within two business days of
discovery of disconnection.
4.20.170 Designation. of `ranc^isee fees and other
line items on subscribers' Statements -- Reaui-ed nc-ices.
Franchisee shall "cz!:y suoscribers at least 30 days prior
to the firs- :nc_csion ct=randhise `ees anc,'or other ins
items on their statements, as permitted in Section 622(0)
and (g) of the Cable Act. Said x
notice snail e.
p_ain the
election tc use line -tem designat'ons and the effects such
designations snail nave cn the totai costs associated with
receiving Cable services. NO such notice shall be issued tp
-55-
TBM/T'T 4
subscribers until the City has reviewed and approved the
notice. Any designation of franchise fees as a separate
line item on the statement shall use the term "franchise
fee."
4.20.180 Requirements of notice of proposed
chances in rates, charces, -ierina or carriage. Whether or
not the rancaise is subject to rate reouiation by the Cita,
franchisee shall provide notice to subscribers and the City
of changes in rates, charces,
provided herein: tiering or carriage as
A. Franchisee shall notify all subscriber, in
writing, of any proposed chances in subscriber rates,
charces, tiering or carriage at least o`0 days in advance of
the effective date of such proposed c^antes. in no event
shall a subscriber be billed for Service at the increased
rate or charge prior to -he delivery o=-
the subscriber.
-he hot. a cation cc
B. _rancnisee snail ncci -_ e pe•
.. 7E.^.Ce C; 1�C_or,
1n WritihCr Of anv prODOSed chances _h suOSCr_ber rates and
charces, tiering or damace a- 'ea ?
.. _ 'east 0 ays advance
h
te effective date .,f such prcpesed cna^ces.
per-+ " -
not___cation tp the Revenge Co vector sna=- �.. de - -
-,.
shew_r.a the rates and cnarces Curren-' a===c_ d
proposed chances. Cn17 t_.cse _a_es -os_
file with the depart-zr.t -ay be charces :- y- t
5ubscr.cer_.
C If it is impractical Or '_-Dossible
rran.cnisee to provide above ct ==cations- .o c^nd'_-'ors
beyond franchisee's con::-!, __an:cnisee snaih cavereason-
able notice to subscribers and:"eRevenue C31-ector.
D. in the evert or a rate increase, ret er:ha or
other cnance(s) in service bV f_a.^.c^_see, SgDSCr:Ders may
t dowr.crade or disconnect service -fait^cut cnarce; provided,
however, that charges may be iMposed f _ f __•.re to return
converter boxes, remote ccntro_s _r cher ec_,_re to caned by
the franchisee. -
4.20.190 Preference to ^e -t= ^subscr'be-s
prohibited. Franchisee srail nctV-rantanv Preterence or
advantage to anv person or grOUD, nor subject an" DerSOR or
group to pre;udice or disadvantage as to rates, cnarces,
services, service ?acuities, rules and re
auiaticns orJn
any of:^.er respect relative co the ricnts granted under the
franchise. Nothing in this section snail prohibit the
franchisee from offering limited, promotional specials, nor
from cfferina bulk or discount billinas.
-56-
SECTION 2. The provisions of Section 1 of this
Ordinance specifically supercede Division 3, Division 3a,
and Division 4 of Title 16 of the Los Angeles County Code
previously incorporated by reference into the Santa Clarita
Municipal Code.
SECTION 3. The City Clerk shall cause a summary of
this Ordinance to be published and a certified copy of the
full text to be posted in the office of the Clerk at least
five days prior to the City Council meeting at which the
proposed Ordinance is to be adopted. Within fifteen (15)
days following the adoption of this Ordinance, the City
Clerk shall again publish a summary of the Ordinance with
the names of those City Councilmembers voting for and
against the Ordinance and the City Clerk shall post in the
office of the City Clerk a certified copy of the full text
of the adopted Ordinance along with the names of those City
Councilmembers voting for and against the Ordinance.
1990_
PASSED AND APPROVED this _iL day of January
I
MAYOR
ATTEXTYC
cRK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF SANTA CLARITA
ss.
I, gem Caravalho , City Clerk of the City of
Santa Clarita, do Hereby certiry that the foregoing
Ordinance No. 89-28 was regularly introduced and placed
upon its first reaa'inq at a regular meeting of the City
Council on the i2th day of December1989 . That
thereafter, said Ordinance was duly adopted and passed at
regular meeting of the City Council on the 23rd day of
Januar', 1990 by the following vote, to wit:
„-K
AYES:
NOES:
ASSENT:
COUNCILMEMBERS: Boyer, Heidt, Koontz, McKeon, Darcy
COUNCILMEMSERS: None
COUNCILMEMBERS: