HomeMy WebLinkAboutOrdinances_1445_CCv0001.pdf Orli 3Al C:E NO . �.
AIN OF CITY OF
PL`,OV J,t,).l_NG R THE
"F\(a .I N -r\XC I - ra 11
AND CONDITIONS FOR THE Off' SU ix
ANTENNA TELEVISION SYSTEMS AND FEES THEREFOR.
The City Council of the City of Redlands door ordain
as follows :
Section 1. DEFINITIONS . For the purpose of this
t?rC:ip nce,F the followipg terms,r phrases r words , abbreviations,
:and 'their derivations shall have the meaning given herein.
When not. inconsistent with the context , words used in the prc--
sent tense i..ncl,udc the future tense, words in the plural number
incluGe the singular number. , and words in the singular nuijtb r
_ rc l�zdc> the plural numbor.
1. "City" shall mean the City of Redlands ,
Califo mi a, a municipal corporation of the State of California,
in its present incorporated form or in any later reorS ani..�ed,
consolidated, enl.argei or re-incorporated forret.
B. "Council." shall_ mean the present c overni_p
body of the City or any future board constituting they l o i_sl.a--
t.i.ve body of the city.
C. "Franchise shall mein and include any
author i tion c r�ttttecl hereunder in terms of a franchise,
privilpyol peri it, license or otherwise to construct, operate
and Icnnn a CATV systo1 � rthrCity. Any such rt
noti W o- ,
ill whatovE`'i" tern granted, shaal.l not mean and incl.ucle any
license or permit rexcjui rel for the "privilege of transacting
and Ccl7"a"ying Can a business within thy: Cl tv in :tr'*rnY'r1,-n -
c.zi i T
a hall Nwan toe person, Kra or corpora
2 tion to whom or which a franchise , as hopainabove Mined , is
granted by the Council under tAs Ordinance , and the lawful
4 successov, transferee or assignee of said person, firm or co'rpo-
ratlon.
E. "Street" shall mean the surface of and the s p ace
above a ad b e I ow .any public s t vQ o road, h 1,ghw ay , f r c cv:ay iane ,
path, alley , court , sidewalk, pqrkway , drive or way , now or
heroafter eXisting as such 'within the City .
10 F. "Property of grantee" shall mean all property
ownod, installed or used by a grantee in the conduct of a CATV
business in the City under then authority of a franchise granted
pursuant to this Ordinance,
Q G * "CATV" shall mean a co,1krtzarity antenna television
15, system as hereinafter defined.
16
F. "Community Antenna Teievi*ion System" S Ila 11, �i e�a n
17
a system of antenna, 7coaxial cables , wires , save guides , micro-
wave Unks , SICnal repeaters or other conductors , equipment or
19
facilities designed, constructed or used for the purpose of
26
providing; television or FM radio service by cable or through
21 -
Its facilities ashepein contemplated. CATV shall not mean I or
22 include the transmis ,ion of .any special prop ram or event for
which a separate and distinct char6e 'is made to the subscriber
. 24
in the manner, commonly known and referred to as "pay television. "
25
1 . "Subsiriber shall mean any person or entity re-
26 ceivInZ for any purpose the CATV service I of a gr<ajj.t c-,.0 .
27
J* "Gross, Annual Receipts" shall mean any arid all
28
r. and Other conslOoraMon in any form wha{:.evor an?
29
any Contributinn grant or subsidy received directly or indirectly
BO
by ' a grantec from subscribers OP users in payment for televisioll
or W radjo signals or service' ro rni yr4l i,r 1 4-},4 ., +-t, n4 4-
1 . or commcrcial mv6salov ovyr the CATV facilities . Included in
2 gross annual receipts shall be KMIlaWn and lino extenslon
3 charges levied by tho grantee to subscoMrs .
4 Groos annual roccipts shall not include any taxes
b or services furnished by the grantee iiiiposed directly on' any
6 subscriber or user by any city , state or other governx wntal
7 unit and collected by the grantee for such governmental unit .
8 K. "Franchise I Area" shall mean the territory within
9 the City throujout which grantee shall be authorized to con- ,
10 struct , maintain and operate its system and shall include any
11 enlargements thereof and additions thereto.
1Section 2. EXCLUSIVE USE OF TELEPHONE F., CILITIES.
13 When and in the event that the grantee of any franchise granted
14, hereunder constructs , operates and maintains a CATV system
15 exclusively through telephone company facilities constructed ,
16 operated and maintained pursuant to a state-granted telephone
IT franchise and offers satisfactory proof that in no event during
18 the life of such franchise shall the grantee make any use of
19 the streetsindependentlyof such telephone company facilities ,,
20 said grantee shall be required to comply With all of the pro- *
21 visions hereof as a "licensee" and in such event whenever the
22 term "grantee" is used herein it shall be deemed to meada'nd
23 include "licensee . "
24 Section 3. FRANCHISE TO OPERATE. A nAiclusioe ,
25 franchise to construct , operaK and maintain a CATV system
26' within all or any portion of the City may be granted by the
27
Council to any -person, firq or corporation) whether operating,,,
28 under an existing .franchise or not , who or which offers to fur-
29 nish and provide such system under and pursuant to the terms
30, and provisions of this Ordinance.
No provision of this Ordinance may be dee #ihci or' con-
B2
opinion of the Council It is in the public Interest to VQsUrIct
2 the of' grrant ees to oil,-, Or more .
3 Section h . USES PERNITTED B! GRANTEE. Any franchise
4 granted pursuant to the provisions of this Ordinance shall
J authorize and perwit the grantee to onoano in the business of
6 operating 'and prov1din; a CATV system in the City , and for that
7 purpose to install , construct , repair, replace , reconstrLict ,
8 maintain and retain in, on, over, under, upon, across and along
9 any public street , such w1res , cables , conductors , ducts , con-
10 duit , vaults , manholes , amplifiers , appliances , attachi-iicnts .
11and other property as may be necessary and appurtenant to the
12 CATV system. No new poles may be installed except where unusual
13 circLi'mstances exist and where express written permission is
14 provided by the Public Works Director.
15 No franchile granted hereunder shall be Construed a
16, franchise, permit or. license to transmit any special program or
17 event for which a separate and distinct charge is made to the
18 subscriber in the manner commonly known and referred to as "pay
19 telovisionA" and no grantee shall directly or indirectly install,
20 maintain or oper Mate on any television set a coin box or any
21 Other device or means for collection of money for individual
22 programs
23
'Phe grantee may make a charge to subscribers for in-,-
24 stallatio'n or connection to its CATV system and a fixed monthly
25 charge as filed and Approved as herein provided . No increase
26 in the rat' & and harges to' subscribers , as set forth in the
schedule filed and approved with grantee ' s application, may be
made without the prior approval of the Council expAssod by
on.
80 Section' 5. DURATION OF FRANCHTSE. No franchise
31 granted by the Council under this Ordinance shah be for a torsi
lon6or than fifteen (1 9) vears folInwin, tbn Anon nr
- ----- Of UIC 1:C111i2%%ta huruof
Any such franchise granted hereunder may be terminated
prior to its date of expiration by the Council in the event that
said Council s4all have found, at a public houriaj , afLer thyrty
(30) days ' notice of any proposed termination that:
A. The grantee has failed to comply with anyTovi-
p
sion of this Ordinance , or has , by act or omission, violated any
term or condition of any franchise or permit issued hereunder;
or
B. Any provision of this Ordinance has become invalid
or unenforceable and the Council further finds that such provi-
sion constitutes a consideration material to the grant of said
franchise; or
C. The City acquires the CATV system property of
the grantee.
Section 6 . FRANCHISE PAYMENTS
A. ACCEPTANCE FEE. The grantee of any franchise
granted pursuant to this Ordinance shall pay to the City
upon acceptance of such franchise, a fee certain of $2 , 500 . 60.
B. ANNUAL FRANCHISE FEE. The grantee of any franchise
shall pay annually to the City during the life of the, franchise
a sum equal to five percent (5%) of the gross annual receipts
of the grantee drived from subscriptions and users within
the City , and in addition thereto such other sums as may be
provided for in grantee' s franchise. Such payments will be
7
made to the City Treasurer.
The grantee shall file with the City , within thirty
(30) days after the expiration of any fiscal year or portion
thereof during which such franchise is in force, a financial
statement prepared by a certified public accountant , showing
in detail the gross annual receipts , as defined herein , of
grantee during the f)recediQ fiscal year or portion thereof . It
shall be the duty of the grantee to pay to the City, wi thin
low .
sum WIVInabove pi-escKbed or any unpaid balance thereof for the
calendar year or portion thereof covered, by such statemaM,:' -
In the event that the above paiment in not received
by the City within the sped fiod time , grantee shall pay to the
City lit uidatcd damases of two (2) perccat per month on the un-
paid balance In addition thereto . In any year during which pay--
? idents under this section a:,,iount to less than One Thousand Fight
Hundred Dollars ($1,800. 00) per year, grantee shall pay the
City as a minimum an amount equal to One Thousand Eight Hundred
10 Dollars ($1 ,800. 00 ) per year. For any portions of a year, such
11 ruin i-mum shall be prorated at the rate of $150- 00 monthly .
12 , The City shall have the right to inspect tie Zranteels,
13 records showing the gross receipts from which its franchise
14 payments are computed and the right of audit and recomputation
15 of any and all amounts paid under this Ordinance . No acceptance
IG of any payments shall be construed as a release or as an accord
and satisfaction of any claim the City may have for further Or
additional sums payable under thii0rdinanci or for the perfor-
mance of any other obligation hereunder, ,
, In the event of any holding over after expiration or
other temination of any franchise granted hereunder , without
the consent of the City, the grantee shall pay to the City a
reasonable compensation and damages , of not less than One Hundred
percent (100%) of its total gross profits before depreciation
and excluding any special charges during said period.
Section 7 . LIMITATIONS OF FRANCHISE .
A. Any franchise granted under this Ordinance shall
be nonexclusive.
B. No privilege or exemption shall be granted or
conferred by any franchise granted under this Ordinance except
those specifically prescribed herein.
C . Any privilege claimed under any such franchisp
subordinate to any Prior lalful OccupanGy of tho stracts on
2 other public property .
, and MM ,D. All 0 & V
4 and equipment of the grantee within the City shall be so 3ocnteJ
an to cause no interference with the proper use of streets ,
6 alleys and other public; ays and places and to cau3e no inter-
7 ference with the rights of reasonable convenience of property
8 owners who adjoin any of the said streets , alloys or other public-
9 ways and places .
10 B. In case of any disturbance of_ pave ment , sidewalk ,
11 driveway or other surfacing, the grantee shall, at it; own cost
12 and expense and in a Onner approved by the PublicVorks DOM-
tor of the City , replace and restore all paving, sidewalk, .drivc
1.1 way or surface of any street or alley disturbed in as good condi-
tion as before said work was commenced and shall maintain the
16 restoration in an approved condition for the duration of the
17 franchise.
F. Whenever it is necessary to shut off or interrupt
service for the purpose of making repairs , adjustments , alter-
20 ations or installations , the grantee Shall do so at such time
21 as will cause the least amount of inconvenience to its custo-
22 Mrs and unless such interruption is unforeseen and Immediatel.y
23
necessary , it shall give reasonable notice thereof to its cus-
24
25 V Any such franchise shall be a privile6e to be
26 hold in personal trust by the original grantee .' ' It cannot in
27 any evept be sold, transferred, leased, assigned or disposed
2 of In whole or in part either by foYced or involuntary s'ale ,
29 or by voluntary sale , merger, consolidation ; operatlon of l
or otherwise without the prior consent of the Council , after
81 a public hearInt, expressed by resolution ald then u ncx
assiollment shall be made only by an instraworX in writirlj., a
2 duly executed cupy of which shall be filed in the office of
3 the My Clerk within ten (10) days of any such trzuisfer
4 or assiEnmcnt . Said consent of the Council. i�iay not bo arbi--
5 trarily refused; provi ded , however, the propo3cd,
6 Show financial responsibility and must agree to co1q)ly with all
provisions of this Ordinance; and provided , further, that no
such consent shall be required for a transfer in trust , mortgage ,
or, other hypothecation as whole to secure an indebtedness .
IT H. Time shall be of the essence of any , such franchise
41 granted hereunder. The grantee shall not be relieved of his
12 oblinatibn to comply promptly with any of the provisions of this
is Ordinance by any failure of the City to enforce prompt core-
14 pliance.
15 1. Any right or power in, or duly i0pressed upon,
IG any officer, employee, department or board of the City shall
17 be subject to transfer by the City to any other officer , employee ,
is department or board of the City .
19 K The grantee shall have no recourse whatsoever
20 caCainst the City for any loss , cost, expense or damage arising
21 out of any provision or requirement of this Ordinance or of
22 any franchise issued hereunder or because of its enforcement .
K. The grantee shall be subject to all requirements
24 of City ordinances , rules, regulations and specifications
25 heretofore or hereafter enacted or established including but
W not limited to those concerning the underLrounding of utilities ,
27 street work, street excavation, use, removal and relocation of
28 property within a street and other street work.
29 L. Any such franchIso Crant& shall not re Never the
so grantee of any Ohl!Cation invY vcd in obtaininE pole space fork
any, Cepartment of the City , utility Compapy , or from others
S2 maIntainInq poles in qhnnn"
M Any frannhise granted houuunOr be, in lJOLU
o f ctny an'd al). ()that rights , ppivileses POWQVS innun! Lies )
and InOWritino ow"od , Pansc6awd , controllcd , on exerclsuble
by crantee , or any vucccssov to any inturesc of or&Kcy ' of or
pertainin; to tilt.' consty"Mon , operation, on maintenance of
any CATV system In the City ; and the acceptancle of any franchise
7 hereundvr shall operate as between grantee and the City , as an
abanlonment of any and all of such rights , privileLes , powers ,
immunities , and Authorities within the City , to the effect
10 that , as between grantee and the City, any and all construction,
11 operation and maintenance by any grantee of any CATV system in
12 the City shall be , and shall be deemed and construed in all
13 instances and respects to be , under and pursuant to said
14 franchise , and not under or pursuant to any other right , privi-
15 lege , power, immunity , or authority whatsoever.
N. The grantee shall at all times during the life
17 of this franchise comply with all provisions of existing and
future rules and regulations of the City-, the State of Califor-
19 nia, and the United States of America.
20 0. If at any time during; the period of this franchise
21
the City shall lawfully elect to alter or chanSe the Grade; of
22 any strcet , ' sidewalk, alley or other publieway , the grantee ,
23 upon reasonable notice by the City , shall remyve, relay , and
24
relocate his wires , cables , un6erground conc','ults , rr,t,nholes arid
othev filtures "At its own expense .
26 P. Any fixtures placed In any publicway by the
27 grantce , shall be ply &d in such a I manner as not to interfere
28
with the usual travel on such publieway .
29 The grantee shall. on I the request of any person
hole i nqr-; a bull(lint; ir,-,)vanU permit issued, by the City , temporarily
raise or lower Its wirea to permit the movjnv of
32
of wires shall be paid by the person requesting the same and
the grantee shall have th, authority to require such payment
in advance . The grantee shall be given not less than forty-
eight (48) hours advance notice to arrange for such temporary
wire changes.
R. When tree trimming is required, the grantee shall.
request the City Park Superintendent to trim trees upon and
overhanging' stir cess , alloys , sidewalks and public ways and
places of the City so as to prevent the branches of such trees
from coming in contact with the wires and cables of the grantee .
Such requested tree trimming will be done by the City at the
sole expense of tae grantee.
S. In all sections of the City where the cables ,
wires, or other like feacilities pf one or more public utilities
engaged in providing electric or telephone service are placed
underground, the grantee shall place its cables , wires , or
other like facilities underground, unless microwave links or
wireless transmission is utilized, in which case prior approval,
shall be obtained by the Public Works Director of the City.
'Section 8 . RIGHTS RESERVED TO THE CITY.
A. Nothing herein shall be deemed or construed to
impair or affect, in any way, to any extent, the right of the
City to acquire the property of the grantee , either by purchase
or through the exercise of the right of eminent domain, at a
fair and just value,, which shall not includc ' any amount for the
franchise itself or for any of the rights or privileges granted,
and nothing herein contained shell be construed to contract
away or to modify or abridge, either for a term or in perpetuity ,
the City' s right of eminent domain.
B. � There is hereby reserved -to the City every right
and power which is required to be herein reserved or provAnd
I any franchise , aaroes to lie bound thereby and to coii�ply with
2 any action or vcquirannnus of the Qty in its exercise of such
3 rj,hts or popor, heretofore or hereafter enacted or e3tablIshod .
4 C. Neither the Granting of any franchlsC
5 nor any of the provisions contained herein shall be construed
6 to prcvcnt the City from ZrantinZ,; any identical , or similar,
7 franchise to any other person, firm or corporation; within all
or any portion of the City .
D. There is hereby reserved to the City the power
10 to amend any section or part of this* Ordinance so as to require
11 additional or greater` tandards of construction, operation,
12 maintcnanco or otherwise, on the part of the grant 000
E. Neither the grantinZ of any franchise nor any
14 provision hereof shall constitute a waiver or bar to the exer-
it cKe of any governmental right or power of the City .
16 F. The Council may do all things which are necessary
17 and convenient in the exercise of its jurisdiction under this
is Ordinance and may determine any question of fact which may arise
19 durino the existence of any franchise &ranted hereunder. The
20 City Manaler is hereby authorized and empowered to adjust ,
21• settle , or compromise any controversy or charge arising from
22 the operations of any grantee under this Ordinance , either on
23 behalf of the City, the grantee, or any subscriber, in the
24
be interest of the public . Either the grantee or any member
25 of the public who may be dissatisfied with the decision of
26 the City Maria Ser may appeal the matter to the Council for
27 hearing and determination . The Council may accept , reject
28 or modify the decision of the City ManaLer, and the Council
29 may adjust3 settle, or compromise any controversy or canecl
any charge arisingfrom the o paratIons of any grantee or from
any provision of this Ord1honne .
Within thlKy ( so) clays aft"� acc(_,ptance of any
2 f rahchisc the C,,*��ntce sh ,,Jl proccecl with duce dill,;encc to
obtain all nucessary permits and Whorhations which aro 170-
4 quired in the cw0uct of its businch , includino, but not
limited to, any utility joint use attachacni; a,eenicnts , micro
wavecarrier licenses , and any other permits , licenses and
authorizations to be granted by duly constituted re6ulatory
agencies havin; jurisdiction over the operation of CATV systems ,
or their associated microwave transmission facilities .
10 B. Within ninety (90) days after: obtainincr all
11 necessary perinits , licenses and authoninations , grantee shall
12 cora-mence I construction and installati on of the CATV system.
19 C. Within ninety (90) days after the commencement
of construction and installation of the system, grantee shall
15 proceed to render service to subscribers , and the completion
lea of the construction and installation shall be pursue(( with
reasonable diligence theroaftep, so that service to all areas
designated on the, map accompany1n; the applicatlon foil frau-
chise, a; provided in Section 22 hereof, shall be provided
20 to all grantee 's licensed subscribers . within such thle and u p C)11
2.1 such conditions as shall be determined by the City Council. .
22 D. Failure to do any of the foregoing shall be
23 grounds for a torkination of the franchise ,
24 F. Ke City Maier may entend the time for obtain-
25
Ing necessary permits and authorizations and for beginning
2G construction and installation for additional periodin the
event the grantee actin; In good faith experiences delays by
28
reason of circll;;,.stanccs beyond 'his control.
29
Section 10 . LOCATION OY YqZOPUTY OF 001111111i,"Fl.
A. Ahy wires , cable lines , confults or other
porties of the grantee to be constructed or in
streot,S4 shall be so constructed or installed only at such
and in sucil i.ianzn.r�r as shall be ap,,)rov(,�d 10 the 1,ul"11c.
2tr r.i 1)jvcctwr actlna in the exorcise of hi:3
.1 B. grrantee ,:)hail not insUall any facilities or
5 apparatus in or on other public property , places on KW5-00-
way , or within any privately-owned area within the City which
has not yet become a public street but is dculUnate6 -or delinnatecl
8 as a proposed public street on any tentative suUdiiso cin map
9 approved by the City , except those installed upon Public utility
10 facilities now existing, without Obtaining the prior written
11 approval of the Public Works Director,
12 C. In tho5e areas and portions of the City Where the
Is transmission ancon distribution facilities of one Or more
14 public utilities engaged in providingelectric or telePhOnO
15 service are underground or hereafter my be placed underground,
16 then the &antee shall likewise constrAt , operate and maintain
17 all. of its transmission and distribution facilities underground
1 '11T 07 'iM 0:71
Section 11. RE.1.10VAL AND ABANF)0',1N.,,!HN F PROP!,,
19' GRANTES.
20 A. In the event that the use of any part of the CATV
21 systew is di continued for any reason for a continuous period
22 of three (3) months , or In the event such system or property
2a has been installed in any street or public place without cram-
24 plying With the requirements Of prantec 's franch1s, or this
25 Ordinance , or the franchise has been termInated, cancelled or
2G has expired , the grantee shall promptly , upon being Qvon
27 thirty (3 0) days ' notice remove from the streets or public
28 places all such property of such systeq other than any Yhhh ,
29 the Director of Public Works may permit to be abandoned In
place: . In the event of such removal , the grantee shall, pro�il�f>tly
rc..C�tore the strAt or other area fro.-;j J,111CI-1 sUCh Property 1-1,-AS
Public Works .
B. Any property of the Cvanteo rem ajny"6 in place
a thirLy (30) days after the termination OP exp lyaVon of tile
,4 franchise shall be considered per;anwntly aba&vned . The City
b Mana,er may extend such time not to exceed an additional thirty
6 (30 ) days .
7, C. Any property of the grantee to be abandoned in
8 place shall be abandoned in such mannor A the Director of
9 Public Works shall prescribe. Upon permanent abandonment of
10 the property of the grantee in place , the property .:-,!,.all become
11 that of the City , and' the grantee shall submit to the City
12 Council an instrument in writing, to be approved by the City
is Attorney , transferring. to the 'City the ownership of such property .
Section 12 . CHANGES REQUIRED BY PRAM IMPROVEMENTS.
15 Thy grantee shall, at its expense , protect , support , to .,iiporarily
IT disconnect , relocate in the same street or other public place ,
17 or remove from the street or other public: place , any property
is of the grantee when required by the Director of Public Works
19 by reason of traffic conditions , public safety , str6ct vaca- .
K tion, freeway and street construction, chan6e or establishment
21 of street grade, instillation of sewers , drains , storm drains ,
22 water pipes , power lines, signal lines , and tracks or any other
• 23 type of structure; or improvements by public aZencies ; provided ,
24 however, that the grantee shall in all such cases have the
25privileCe and be subject to the~ obligations to abandon any
26 property of the grantee in place , as provided in Section 11,
27 hereof,
28 Scotto'' 13 . FAILURE TO PERI�ORN 1,101�'K. Upon
29' failure of the grantee to commence , pursue,, 02' complete ally
30 1"'Ork roquIred by law or' by the provisions of this Ordinance or il
31 . by its franchise to be done in any street or other publiIc
t
the Public Works Director, the City Manager may, at his opticn,
cause such work to be done and the grantee shall pay to the
City the cost thereof in the itemized amounts reported by the
City Manager to the grantee within ten (10) days after receipt
of such itemized report.
Section 1.4 . GUAPANTEE OF FAITHFUL PERFORI-LANCE
A. As a Guarantee of Faithful Performance the grantee
E shall, concurrently with the filing of and acceptance of award
of any franchise granted under this Ordinance, provide the City
Treasurer, City of Redlands, with one or more of the following
instruments , in a total amount of One Hundred Thousand Dollars
($100, 000. 00) :
1, Cash or .its equivalent.
Cormner-cial Bank Paper.
2. An irrevocaile Co,iTnerci.al Letter of Credit
in favor of the City of Redlands.
3. A Time Certificate of Deposit payable to
the City of Redlands.
4 . An assignment of account to the City of Redlands
demand or time, in approved form.
Savings & Loan Assn. Paper
5. An assTgnment of share account only to the
City of Redlands in approved form.
All instruments in lieu of cash or Certificate of
fi.
Deposit must be subject to sight drafts at par by the City of
}
Redlands . Such drafts will be accompanied by a statement
signed by the Treasurer of the City of Redlands that the monies
drawn shall be used solely for the purpose which the instrument
was required. Federally insured institutions only shall be
eligible to furnish in lieu paper_. Time account assignments
low
SAT remain the possession of the City
Ma*uryor durin; the QnSw period of the franchise, or any
rpoe- wail thorypf. Copaitionyd up
on the faithful perforkancC!
Of grantee, and Ppon the illi{ hcr condition that in the event
grontpp - phall fall to pvmply with any one or more of the
provisions of this Ordinance, or of any franchise issued to
the grantee hereunder_ , there shall be recoverable jointly arid
ppvyraTjy from the yuarpnopQ i4nKruments any damages or loss
Wforod by the City as a revolt thereof, including the full
Ampwnt -of any compensation, indemnification, or lost of re-
:vigy4l or yb4ndpwent of an
property of the grantee as pro--
OPPAY hereby WNIQ may to in Scfault, plus a reasonable
rMwanan for PQPrPPy 'P fees oncl costs, up to the full amount
Of too 90crayWo Astrymants; 50d condition to be a continuing
ON I 1JUKAw for the duration of such franchise and any Tencwal
thereof PY WroMar PQQ QQ. yrantee has liquidated all
of A* PbligatOxis with the City that may have arisen from the
acceptance of said franchise or rQnewal by the grantee or .froia
AS M9,790P cif any privilege therein granted.
B. Neither the provisions of the section, nor any
Wapgos recovered by the City therounJor; shall be construed
to excuse faithful performance by the grantee or Amit, the
liability of the grantee under any franchise issuad hereunder or
for damages , either to the full amount of the guaranLee in-
sLrumcnts or otherwise.
Section 15. INDEMNIFICATION OF CITY.
A. The grantee shall indemnify and hold harmless
the City, its officers, boards , commissions, agents and employees
against and from any and all claims, demands, actions, suits,
liabilities, and judgments of every And and nature and regard-
Jess of the merit of the same, arising out of or related to
the exercise or enjoyment of any CATV franchise granted pur-
suant to the provisions of this chapter, including claims, de-
mands, actions, suits, liabilities and judgments based upon
any infringement or violation or alleged violation of any copy-
right; and grantee shall reimburse the City for any costs and
expenses incurred by City in defending against any such claim
or demand or action, including any attorney fees, accountant,
fees , expert witness or consultant fees, court costs, per diem
expense , travel and living expense; and grantee shall upon
demand of the City appear in and defend any and all suits,
actions or other legal proceedings whether judicial, quasi-
judicial, administrative or otherwise, brought by third persons
or duly constituted authorities against or affecting the City,
As officers , boards , commissions , agents or employees and
arising out of or related to the exercise or enjoyment of such
franchise, or the granting thereof by the City ; the foregoing
obligation shall exist and continue without reference to or
limitatton by the amount of any bond, policy of insurance,
deposit, un(lertalJng or other security required hereunder;
p'L'Ovidud that noiLhor graiQ00 nor City shall mate or carter into
any cowVrowise or settlement of any claim, demand, acLion or
suit without first giving the other ten (10) d4ay6 ' prior written
notice of its intentions to do 'SO.
B. The grantee shall, concurrently with, the filing
of an acceptance of award of any franchise granted under this
ordinance, furnish to the City and file with the City Clerk, and
at all times during the existence of any franchise granted here-
under, maintain in full force and effect, at its own cost and
expense, a Comprehensive General Liability insurance policy,
in protection of the City, its officers, boards, commissions,
agents and employees, in a company approved by and in a form
acceptable to the City Attorney, protecting the City and all
persons against liability for loss or damage for personal in-
jury, death and property damage, occasioned by the operations
of grantee under such franchise, with minimum liability limits
of Two Hundred Fifty Thousand Dollars ($250 ,000 . 00) for per-
sonal injury or death of any one person, and Five Hundred
Thousand Dollars ($500, 000 . 00) for personal injury or death
of two or more persons in any one occurrence and One Hundred
Thousand Dollars ($100 , 000 . 00) for damage to property resulting
from any one occurrence.
C. The policy mentioned in the foregoing parqgraph
shall be primary insurance, shall name the City , its officers ,
boards , commissions, agents and employees , as addition al
insureA and shall contain a provision that a written notice of
cancellation, reduction, or other material change in coverag(�
be de
of
the City Clerk thirty (30)
Said policy sholl, livered to it
days in adv anco 'of the effoctivo date thereof. If said incur--
once is prov!Oed by a policy which also covers grantee err, any
Section 16 . INSPECTION OF PROVERTY AND RECOUS .
2 A. At all roasonable Lives , the Crantc( shall pelvit
3 any duly authorined rupvusentative of the City to exanine all
. 4 property of the granLec , toochter with any appurtenant propepty
of the grantee situated within or without the City , , and to
6 examine and transcribe any and all maps and other records kept
7 or malntaJnod by the giontee or under its control which deal
fi
with the operations , affairs , transactions or property of the
grantee with respect to its franchise . If any such maps or
10 records are not kept in the City , or upon r6asonable request
fi
11 made available in the City , and if the City Manager shall
12 deternine that an examination thereof is necessary or appro-
13 priate , then all travie' l and maintenance expense necessarily
incurred in makin; such examinationshallbe paid by the grantee .
15 J. The grantee shall prepare and furnish to the City
16 Manager And/or Finance Director at the times and in t h e f c,r iii
. 17 prescribed by either of said officers , such reports with respect
to its operations , affairs , transAtions or pr operty I as may be
19 reasonably necessary or appropriate to the performance of any
of the rights , functions oi° duties of the City or, any of its
21 officers in connection with the franchise.
22
C. The grantee shall at all times make and keep in
23 the City full and complete plans and records showing the exact''
24
location of all CATV system equipment installed or in use in
25
streets and other public places in the City .
26 D. The grantee shall file with the Public Works
27
Director, on or before the last day in March of each year , four
(4 ) copies of a current map or set of maps drawn to scale )
29
showing all CATV system equIpment installed and in place in
ao VIM?I ts ani other public places of the City .
Section 17 . OPERATIONAL STANDARDS . The CATV
and t)ePt acQOpted sta"day6s of the industry to tho CUOU! thn''
2 subscribers shall receive the hi0hant poosible Service . In
A 1 ducrklninc the satisfactory extcn' of such stanlards the
4 followina akong others shall be CC ii:;'
5 A. That the system provide a m1r, -ui:: of twenly (20 ) _
G C channeI5 , capable of Kliveri.n.0 to subscribers the entire- VHF
7 t and YK spectrum and sclocted portions of the UH P spccjrum .
8 B. That the system, as installed, be capable of
9 passA3 stan6ard color TV KCnals without the introduction of
10 material degradation on color fidelity and intelliCone .
C. That the system and all equipment be designed
and rated for 24-hour per day continuous operation.
It That the system provides a nominal signal_ level
14 of 2000 microvolts across 75 ohms at the input terminals of
15 each TV receiver. A minimum signal of 1000 microvolts across
16 75 ohms shall be maintained for at least 95 per cent of the
17 operating time .
l F. The system signal.-to--noise ratio shall not be
19 less than 43 A . (decibels ) . Signal-to-noise is a figure of
20 merit , thus insur1n; distribution of picture without noticeable
21 degradation.
22 F. Hum modulation of a 100 percent modulated picture
23 signal shall not exceed 2 percent.
24 G . The system. shall not exceed a VSWR (Voltage
25 Standing Wave Ratio) of 1 . 2 at any point In the syste"a.
26 H. TA sound carrier level on each television chance l
27 distributed shall not be liss than 17 A &W'., the level of
28 either adjacent, picture carrier.
29 1. The carrier level of each FM channel- distributed
30 shall be not Ass than 17 db below the picture carrier level
in telcvlslon channNs adjacent to- the F1,11 band.
J .
Intenforance and othcp oxtvr "nuus hum,
WOUSUrod at the recoiv on input , stall be at least -110 do W101
re ;pvct to the peak car yiev level of cach danyred channel .
4 K. Isolation between any two subscribers shall be
at least 35 db .
6 L. Radiation from coa,,ial cables and electronic NOY-
7 went in the distributiok -systum including power supplies and
S associated power lines shall be less than 10 micyovolts per
moter at any point at a distance of ten feet . Each power supply
10 or its associated housing shall be equ1pi,,,ud with a suitable
11 RY power line filter which shall provide not less, than 36 db of
12 attenuation to all frequony kj.a171s_r!it'C'ed Over thl.s system.
13 11. Interfeyanoe from sources external to the system
14 t shall not be noticeable with a blank-screen test.
15 N. All eau.ipmant pust conform with any pertinent
16 City of Redlands and/or under wAter' s laboratopy stan6ard8
17 whichever shall be more stringent.
0. The system shall maintain ail of the above
19 specifications between ambient temperature limits frOm Onus
20 2V degrees fatycnhelt to plus 120 do,rres' lahrehhOlt, where
21 ambient tamperatur a is deflned as the offIcially recorded City
22:
alp tempepatuve , and also for AC power line variations between
23 105 and 130 volts , and between 55 and 65 Hz. The maximum
24 level chante at the input to any randomly selected receiver
25
shall be 3 db with a temperature chanEc of 50 dctrcos, fahren-
26
bait , with no adjustment and with the AC line voltaSe constant
27
within 5 peoi,cent of non�ilnal . The love! char"L;c Shall
2 8 be 3 db for a consQant * ambient tem parktuoe with a voltage varla-
tion frc)t,j 105 to &0 volts .
ao P. AN vQnal roccivcd by the c";t:! 11
01
I technical conditions over which the .system operatol, hay ; 110
control.
Section 18 . 11KOOY OS1,1"' :IThe
4 fraWine Cranteo shall submit at the of operation
I a proof of performance for each CATV system or. major operating,
6 portion thereof that the system is operat&I in conPo-,�,mancQ with
7 each of the standards and specifications listed above as of the
8 date of the statement. The statement shall be submitted in a
9 form al roved by the City Manager. Thereafter, at least once-
1
nce10 annually the City shall employ the services of a consultant,
expert in this field, who will determine that the system in
12 operating in conformance *with. each of the standardi and speciti-
13 cations listed above as of the date of the statement . This
14 statement, too, shall be submitted in the form approved by the
15 City Manager. Any such casts incurred by the City to determino '
16 Proof of Yerformanoe of the operational spoolpications shall be
17 paid by the grantee within ten (10) days of receipt of state-
18 anent of costs sent 'by the City . More frequent proof of perform-
19
ince of the operationall''pecifications may be required,
20 Section 19. MISCELLANEOUS PROVISIONS.
A. When not otherwise prescribed herein, 111 matters
22 ' herein required to be filed with the City shall be filed with
the City Clerk,
24 B. The rate- schedule for adverVisino and for any
25 connection fee or monthly service charge oV char, thereto to
26subso'ribers must have written approval 'of the City Council,
27 C. Froth the installation and monthly service changos
28 for CATIV service shall be specified in the aEreoment between
29
the grantbe - and the subscriber.
to
D. The grantee must paylo the City a sum of money
sufficient to reimburse it for expenses 1,11 curred 'b V It 5hi
Wit-14 1-)L U-'--1-1,t I I t L C) U110 L,)�"(_)V I :;I ons ok tlh j_s
Motor; such payment to be made in ton U days after tho City
shall furnish :such grantee With a writLeWsLaLODOnL of such
expense.
E. The grantee shall maintain a toll-froa telephone
nu;ubor, with twenLy-four (2 4} hour--per-Gay answering or referral
service, within the City of Redlands so that CATV mainLenance
service shall be promptly available to subscribers , the cost of
said maintenance service of grantee' s system shall be borne
by grantee.
F. The grantee shall keep a maintenance service
log which will indicate the nature of each service complaint,
the date and, time it was received, the disposition of said
complaint and the time and date cleared. This log shall be made
available for periodic inspection by the City.
G. Grantee shall bear the prime responsibility for
appropriate corrective action whenever improper performance is
detected in any part of the system, regardless of whether public
utility distribution facilities are utilized.
H. Ito person, firm or corporation in the existing
service area of grantee shall- be arbitrarily refused service;
provijea, however, that grantee shall not be required to pro-
vide service to any subscriber who does not pay the applicable
connection fee or the applicable monthly service charge.
I . Grantee shall without charge provide in the
-franchise area all subscriber services of its system to all,
public schools, to any institution of general education, atten-
dance at which satisfies the State of California education code
and General Laws of the State of California, City police and fire
stations, City recreation Centers and other such buildings owned
or controlled by the City as the City Manager shall designate .
Such service shall consist of a connection to the exterior of
the building or property involved and a connection to the in-
�s
u
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• ti
J. In the case of an emergency or disaster, as deter-
mined by the City Manager, the grantee shall upon request of the
City Manager make available his facilities to the City for emer-
gency use during the emergency or disaster .
K, Neither the graptee hereun0er nor any shareholier
of the grantee shall engage in the business of selling , repair-
ing or installing television receivers , radio receivers , or
accessories for such receivers within the City of Redlands during
the term of this franchise, and the grantee shall not allow
any of its shareholders to so engage in any such business .
L. Any franchise granted pursuant to the provisions
of this ordinance authorizes only the operation of the CATV
system as provided herein and does not take the place of any
other franchise, lisense or permit which might be required by
law of the grantee.
M. The grantee shall at all times employ ordinary
care and shall install and maintain in use commonly accer)Lc-,,d
methods and devices for preventing failures and accidents which
are likely to cause damage, injuries or nuisances to the public .
N. The grantee shall install and maintain its wires ,
Cables , fixtures and other equipment in accordance with the
requiremonts of General Order No. 95 of the Public Utilities
Commission of the State of California and in such manner that
they will not interfere with any installation of the City of
Of a public utilities serving the City.
0. All structures and all lines, equipment and
connccoionp in , over, under, and upon the streets , sidewalks , '
alleys and Public ways or places of the City wherever situated
or located , shall at all times be kept -and maintained in a safe ,
suitable, suWantAl condition PT' V in an-0 --I--
or
P . Grancee shall establish anj maintain a studio and
a Mobile van capable of originating local color transmissions
via the CATV system. The stuAio shall to located in or adjacenL
to downtown RedlaMs . Approval of the location of thQ studio will,
be by the City Council.
Q. The grantee shall maintain a force of one or more
resident agents or employees at all times and shall have
I sufficient employees to proVIN WaK4 a6cquatc And pvoayf wervicc
2 for its facilities .
rili-lo f"ronte.c ";1IC113- limit failules to a minlinum by
4 Jocating ani correcting malfunctions proj,,ptly, but in no cvollt
5 Ions than 21: hours after notice .
S -1 copies of . . petAtipwJ applAcationAnd,
7 tions submitted VY the crantce to the Federal Coi[uaunication3 Com"10:
sion, Security and 3xohan3e or any other federal; statc
9 or local regulatory commission or agency having jurisdiction in
10 respect to any matters affecting CATV operations authorized, pur-
11 Wnt to this Ordinance, shall also' be submitted simultaneously
to the City Manager.
13 lf, ' durinS the term of any franchise, the grantee'
14 receives refunds or any payment made fop television or radio siSral;
15 it shall without delay notify thy City Manag
su2;gest a plan for
16 f1_ow-throu6h of the refunds to its subscribers and retain such re-
17 funds pending order of the City Council . After considering the
18 plan submitted by the grantee, the It Council shall order the flot,,
through of the refunds to the grantee subscribers in a fair and
.20 equitable manner,
21 Section 20. USE Ok UTILITY POLES AND FA 0 1-LV1'l'E S AGR,,,1,,-
22 MENT V,'hen any portion of the CATV system is to be instilled on
29 public utilities poles and facilities, certified copies of the
2.1 agreements for such joint use of poles and facilities shall be fl 3 ed
with the City Cleric .
26 Section 21 . ADOPTION Oil MGM! AND tit GULAI,'u-T01NIS BY TH1,"
27 CITY
2a A . The City Council is authorlsod to adopt rules and
29 e
.,o.latlons conslVent with the provWohs of this chapter Zoverning !
1,
the operation of CATV systems in the City and such rules and regula-
tions shkll apply to and shal)_ govcrn the of the
Of any fratlChl,`,() Lr,-PMtCd
GV 66
The City Council WZY ad udt rulus Or rva& 0 �10t'5
2 or amend: modify , dcictes or otherwise char such rulcs Oar (d1
3 hegulpti= previously aqcpted In the followinEq mannur:
1. The City Council shall pass a rcso2ution of
intention de*cribiwh the WID5 or to tic
6 alticndod> modified> deleted, or otherwise changed and c,>,t a day ,
7 hour and place for public hearing. Such rosolution shall direct
the City Clerk to publish the same at least once within fifteen
(15) days of passa3e thereof.
10 2. The City Clerk shall cause such resolution
11 to be published at least once in one newspaper of general
12 circulation in the City and shall cause a copy of same to be
13 mailed or delivered to any grantee not less than ten (10) days
14 prior to the time fixed for hearing thereon,
15 3. At the time for public hearinL-7 , or at any
adjouryment, thereof, the City Council shall procoed to hear,
17 and pass upon such evidence, comments and objections as may be
18 presented. Thereafter, the City Council Q its resolution may
19 adopt, amend, modify , delete, or otherwise change; said rules
20 and re�,ulations .
Section 22. APPLICATION FOR FRANCHISE.
A. Application for a franchise hereunder shall bell
in writing, shall be filed with the City Clerk, in a form
24 approved by the City Manager, and shall contain but not be
25 limited to the following information:
2 G I The name and address of the applicant . If
27 the applicant is a partnership, the name and address of each
2�
partner shall also be set forth. If the. applicant is a corpora-
29 tion, the application shall also state the namon and addresses
to
of its directors , mai'll officcVs. , mijor tockhoWcrs and asso-
7
Qates > the names and adArO55cs of- parontand subsidiAry com-
B2
nq"JPn VnA fun -1 -5-
A stvLemcnt and C rip C loll in detail of the
CATV system proposed to be constructed, insLalled , maintaincd.
or craLed by the applicant ; the propo bad location of such
4 system and its various components ; thulanncr and time in which
ajolicant propo3cs to constvuet , install , maintain and opvraQ-.
the same ; ans , particularly , the extent and maiiner in which
existin; poles or other facilities of other public utilities
will be used for such system.
3. A description, in Octal!, of the public
Urcets , public places and proposed public streets within which
11 applicant proposes or socks authority ' to construct , install or
12 maintain any CATV equipment or facilities; a detailed descrip-
13 ' tion of the equipment or 'facilities proposed to be constructed,
14 installed or maintained therein; and the proposed specific
15 location thereof.
16 4. A map specifically shoTainC and delincating
17 the proposed franchise area or areas within which applicant;
proposes to provide CATV services and for vlhich a franchise is
required.
20 5. A statement or schedule in a fora approved
21
by the City ManaCer of proposed rates and charges to subscrihers
22 for installation and services , and a copy of proposed Vrvicc
23
agreement between -the grantee and its subscribers shall accoi-%-
24
pany the application . Where under6round cable is required, or
25 where more thanone hinidred fifty (150) feet of distance froi I n
2 G cable to connection of service to subscribers an a d dl t 1,c)n a 1
2/
installation charge over that normally charged for installation
28 as specified in tyle applicant ' s proposal may be charL;ed , vSth
29
eye noments to be sr
supplied by subscribes . For
rcmotef relatively
ao
inaccessIble subscribers within the City , service may be made
available on the basis of cost of materials , labor, and case-
39
wents if requIped by the grantee ,
1 6 . A copy of any contract , if _exlbtino, between
2 the a)plicant alnJ any public utility pryvidint for the unn
3 of facilities of such public utility , 's'llcil as 01'
4 Conjuits .
7 . A statement setting; forth all s and
unders.tandings , whether written, oral or Implied , existing
between the applicant and any person, firm or corporation with
respect to the proposed franchise or the proposed CATV opera-
tion. If a franchise is Granted to a person, firm or corpora-
10 tion posing as a front or as the' representative of another
11 person) firm or- corporation, and such information is not dis-
12 closed in the original application, such franchise shall be
13 deemed void and of no, force and effect whatsoever.
14 8. A Tinancial statement prepared by a certified
15 public accountant showing applicant ' s financial status and his
IV financial ability to complete the construction and Installation
17 of the proposed CATV system.
9. A statement indicating where other CATV
19 franchises are hold and how many existing subscribers are ter-
20 viced.
21 10. The Council may , at any time , demand, and
22 applicant shall provide such supplementary , additional or other
23 information as the Council may deem reasonably necessary to
24 determine whether the requested franchise should be granted .
25 ll . A statement of intent witb 'reLard to program'
26 origination and acceptance of local advertifing shall be In-
-27 c luded
28
12. The nim-,ber and identification of cl-i,-innels
29 , proposed to be carried on the CATV system,
ao Ih A detailed listing; of openatlnE4 equlp;;ont
31 Including model numbers and types , .with an "equal or better" .
14 . A payapraphiby-ISGvaGrapo response to the
2 operational standards of Section 17 hereof . No doviations ov
3 waivers from these 3tanGards* aYo contw;platod unluss specifi-
4 cally requested.
5 15 . A proposed subscriber complaInt processing
6 and equipment repair procedure .
7 16. 'A proposed "proof of performance" description,
8 listins tests to be performed and equipment utilized .
B. Upon consideration of any such application, the
10 City Council may grant a franchise for CATV to such applicant
11 as may appear from said application to be in its opinion quali- _
12 pied to render proper and efficient CATV service to television
13 viewers and sulbscribers in the City . If favorably considered,
14 the application submitted shall constitute and form a part of
15 the franchise as granted.
16 C. Prior to the granting of the franchise pursuant
to this chapter, the Council shall pass a resolution declaring
is its intention to grant the. same, stating the name of the pro-
19' posed grantee, the character of the franchise and the terms
and conditions upon which it is proposed to be granted . Such
21 resolution shall fix and set forth the day, Our and place when
21 and where any "persons having any interest therein or any bbjcc-
23 tion to the granting thereof may appear before the Council and
24 be heard thereon. It shall direct the City Clerk to publish
said resolution at least once within fifteen (15) days of the
passalge thereof in one newspaper of general circulation in the
27 City . Said notice shall be published at least ten (10) days
28 prior to the date of hearing. At the time sot for hearing, the
29 Council shall proceed to bear and pass upon all protests and
BO Its decision Wercon shall be final and conclusive . Thereafter
31- Wway by ordinance grant the franchise on the terms and condi-
subjcct to the ritht, of rufurendum of the peoVlQ , or it may
2 My the same . If the Council shall Moraine that change-s
3 should be made in the terms and co&Mon5 wpon which the
4 franc htse In pyopobod to be Gvonted , a new resolution of inten-
5 tion shall be adopted and like proceo&nSs had thercon.
6 D. Any frannhi6o issued parsuant to MW chapteo shall
7 Include but not be limited to the following conlition5 :
8 1 . The CATV system franchise terein shall be
9 used and opera,ed solely and exclusively for the purpose ex-
10 pressly authorized, by ordinance of the City of Realands. and
11 jio other purpose whatsoever.
12 2. The inclusion of the foregoing statement and
13 any such franchise shR!l not be deemed to limit the authority
14 of the City to Include any other reasonable condition, llmltal- 1
15 tion, or restriction which it may deem necessary to impose in
16 connection with such franchise pursuant to the authority con-
17 feared by Lnis o,,,dlnanoe.
Section 23 . APPLICATION M. Each application shall
19 be accompanied by an application fee in the sum Of One 'Voqsand
20 L)onars (81 , 000 . 00) which shall be used by the City to cover the
21 costs of reviewing, investigating and processing such an appli -
22 cation. This fee Is not refundable .
23' Section 24 . EFFECT OF ANNEXATIONS.
24 A. In the event any now territory shall become
25 annexed to the City , the City Council shall detorm,.,ne which
26 grantee or Irantees shall serve such new territory .
27 B. In the event any portion of the unincorporated
territory covered by an existing franchise or licen e i:vanted
F(l 1110 annexed to the City pr1or to the
29 byt
' hCo
e unty ol s
30 time that the 'Er antee of such County franchise or licen.ve has;
3i
ccuninenced Installation of a CATV system within said territory ,
all richts acqqlred by said Crantee under it.., Count%, fl"Et ,r=K t ,
I or, &Onse shall terminat 0 by operation of law as of tho late
2 o" which the annexation to the City effQ('-tiv0_ .
3 C. In the cvent any portion of UnInconpora0>1 01,14-
4 tory covered by an existing fpanchiso or license GyanUcd by
San Bernardino
5 the County of 111w,pinivinK 15 annexed to thoCity after thn grunt ee
6 therqoYhas commenced .or completed construction and in3talla-
7 Kon of a CATV system within said territory , the rights reserved
San Bernardino
8 under such franchise or license to the County cif RkmaysKs or
9 to any officer thereof, shall inure to the benefit of the City
rZedlan(js
f
10 and all regulatory provisions of this oldinance
11 and any other rules and regulations applicable to CATV systems
12 operating within the City , whether then in effect or subsequently
13 adopted , shall be applicable to and binding upon said grantee.
14 In addition , the grantee shall be obligated to pay annually to
15 the City , five (5) percent of the gross receipts derived from
16 its operations within the annexed territory or Eighteen Hundred
17 Dollars (.11, 800 . 0-0) whichever sum is grogter.
Section 25 . FRANCHISE RENEWAL. Any franchise granted
under this Ordinance is renewable at the application of the
grantee , in the sate manner and upon the sallile terms and condi-.
21 tions as required herein for obtaining the original franchise ,
22 except those which are by their terms expressly Inapplicable;
23 provided, however4 that the Council may at its option waive
24 compliance with any orallof the requirements of Section 22
25 hereof.
2G section 26 . ACCEPTANCE AND EFFECTIVE DATF,,, 01," FRANCHISE,
27 A: No franchise gra need pursuant to the provisions
28 of this Ordinance hall become effectiire ' unless anduntilthe
29 ordInance arantlnS same has become effective and , in addition,
30 unless and until all things required in this Section and
Sections 14 and 15 hereof are done -and completed , all of such
12 thlnr5 heIny herobv or�olnr(,ri i-n i-,
I effectivQnWas of any such franchise graptos hCrCunjor . In the
2 event any of such thln6s arc not done and ponplot'ed in ishe tlnt'�
3 and wannew roquired, the Council may declave tlio
and vold.
B. Within fifteen (15) days after the effecOvo date
of the ordinance awardin; a franchl so , or witIvIn such extei i I c,d
7 pepiod of time as the City Council in its discretion may author--
8 Jze ) the Zrantee shall file with the City Clerk his written
9 acceptance , in form satisfactory to the City Attorney , of the
16. franchise , together with the acceptance fee , bond and insurance
ll policies roquir& by Sections 6, ' 14 and 15 hiroof, respectively ,
12 and his aGrooment to be bound by and Q comply with and to do
13 all thinGs roquired of him by the provisions of this Ordinance
14 and the franchise . Such acceptance and agreement shall be
15 acknowledged by the grantee before a notary public and shall
16 in form and. content be satisfactory to and approved by the
17 City Attorney .
Section 27 . VIOLATIONS .
19 A. From 'and after the effective date of this Min-
20 ance, it shall be unlawful for any person to establish , operate
or to carry on the business of distributing to any persons In
22 the City any television signals or radio siZnals by means of
23 a CATV system unless a franchise therefor has first been obtained
24 purs'I'l"--tilt to the provisions of this Ordinance , and unless such
25 franchise in in full force and effoct .
26 B. From and after the of date of this Ordin-
27 anco , It shall be unlawful for any person to cotastruct , install
28 or maintain within any public stroot In the City , oil within any,
29 Other Public Property of the City', or within any privately-own0d
30
al'c'cl V,'Ithln the City which has not yet bocowo a public strcet
11Out is Migrate d' or delineated as proposed public street
!Z9
I 0(JU1,JW',Cnt Or 00>003 for WAYAKIna any telOVIAWO Withall
2 op rodio VAGnals a CATV system, unless a franch!30
A Whorilino such u5c of such stroot, or properly oy Lrea has
4 fjr5t been obtalnod pur3uant to the provision,-, of thi,':, Ord inanc, '
5 and unless such franchise is in full force and effect .
6 C. It shall be u!1l."_'v:fu1 for any person , Qrm or-
7 corporation to make any unauthorized connection, whether
8 physically , electrically , acoustically , inductively or other-
9 Wise , with any part of a franchised CATV system within this
10 City for the purpose of taking or receiving television signals ,
11 radio 06nali , plcturcs ,'� pro"rams , or sound.
12 D. It shall be unlawful for any person, firm or
13 corporation to make any unauthorized connection, whether
14 phys i C ally , electrically , acoustically , indActively or otherwise ,
15 with any part of a franchised CATV system within this City for
16 the purpose of, enabling himself or others to receive any tele-
17 vision siEnal , radio signal, picture , program or sound , without
payment to the owner of said system,
19 E. It shall be unlawful for any person , w1ithout tile
20 consent oftheowner: to wilfully tamper* with ,' remove or injure
21 any cables , wlrwor equipment used for distribution of tele-
22 vision signals , radio signals , pictures , programs or sound .
23 Section - 28. ' EFFECT OF PRE-EMPTION. In the event
24 the Federal Communications Commission or the Public Utilities
25 Commission of the State of California or any other federal or
26
state body or agency shall now or her
eafter exercise any para-
27 r1lount, jurisdiction over the subject matter of any franchise
28 herounder, then to the extent such jurisdiction shall pro-
29
erupt Or preclude the exercise of like jurisdiction by the City )
Cl the jurisdicti6h of the City shall to the extent so pr o-empted
ry or pnocluM, cease and no longer exist ; provided , however,
I of any of Itsw-,Cc power shall not dimolklk impair , alb
2 or affect any contractural benefit to the City not any contraco-
5 Ural oblination , of the avantee under any 0annhise Issuco here--
4 unday; an! In this vespect , any and all minimum standards
5 governing the operation of grantee and any and all me' xi'lilulii
6 rates > ratios and char 6os spepifiod herein on in any franchis(,-
7 issued herounier existing now and at any time in the future
8 including such time as such paramount jurisdiction shall pre-
9 empL or preclude that of the City in any and all powers , rlEhts ,
10 privile6es. and authorities of the City to determine ) establish
II on fix any of the same are each and all hereby declared• by the
12 City and by any grantee accepting any franchise kercunden to
13 be contractural in natyre and to be for the bonefib of the City
14 and all subscribers situated therein, and the agreement of
15 grantee to accept and conform to such standards , rates , ratios
16 and I charges is hereby declared by the City and by any grantee
17 accepting the franchise hereunder to be the most material
and essekial consideration for the granting Of such franchise,
19 the absence of which, in i,;hole or in part, would cause the City
.20 not to have granted such. franchise .
21 Section 29 . SEVERABILITO If any section , 'subwec-
22 titin, sentence , clause on phrase of this ordinance is for .:n I y
2 3 rcall;on held illegal , invalid or unconstitutional by the deci-
A sion 'of any court of competent jurisdiction, such decision
25
.,hall not affect the validity of the remaining portions hereof.
26 The Council hereby declares that it would have passed this
27 Ordinance and each section, subsection, sentence , clause-And
23 phrase hereof, irrespective of the fact that any one or i; care
29
sectins
o > subsections , sentences , clauses or phra5es be declared
illegal , invalid Or unconstitutional . The Invalidity of 'any
Portion of thIs Ordinance shall not abate > reduce ) or otherwise
52
OT1 COMMOPation Or other obllp,<Mcrn requknA ofthe
Soc HOW . EFFECTIVE DATE. ThAlkilpinanc-0 shall become
effective on the 30th day after the date of its , ado ption.
Section 31 . The City Clerk shall certify to the adoption
lhe J�4,jy
of this ordinance and Cause it to be published once in Thw=Rrnsy.
ADOPTED by the City Council and signed by the Mayor and
attested by the City Clerk this first day of 'June 1971 .
A
yor of-llhe _cTE-j-61
Attest:
k of the City Redlandii
I , Peggy A. Moseley, City Clerk of the City of Redlands,
California, hereby certify that the foregoing ordinance was
duly and regularly introduced at a meeting of the City Council
on the l8th— day of May 1971, and that thereafter the
said ordinance was duly and regularly adopted at a meeting of
the City Council on the first day of June -, 1971 , by the
following vote to wit:
AYES : Councilmen Knudsen, Miller, Mayor Cummings
NOES: None
ABSTAIN: Vice Mayor DeMirjyn
ABSENT: Councilman Sewall
IN WITNESS WHEREOF I have hereunto set my hand and affixed
the official seal of the City of Redlands , California, this
Of __ June, _1971-
y
All f t. --it V
k Z,
(SEAL) x9