Loading...
HomeMy WebLinkAboutOrdinance #1266 ORDINANCE NO. I266 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH ADDING CHAPTER 29 TO THE HUNTINGTON BEACH ORDINANCE CODE PROVIDING FOR CITY REGULATION AND USE OF COMMUNITY ANTENNA TELEVISION SYSTEMS, AND SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE The City Council of the City of Huntington Beach does ordain as follows : Section 1. That . Chapter 29 is hereby added to the Huntington Beach Ordinance Code to read in words and figures as follows : CHAPTER 29 COMMUNITY ANTENNA TELEVISION Article 291 - General Article 292 - Franchise Article 293 - Rights Reserved to City Article 294 - Permits, Installation and. Service Article 295 Rules and Regulations Article 296 - Miscellaneous Article 297 - Application for Franchise Article 298 - Enforcement Section 2. That Article 291 is hereby added to Chapter 29 of the Huntington Beach Ordinance Code to read in words and figures as follows : ARTICLE 291 General Section 3 . That the following sections are here- by added to Article 291 of the Huntington Beach Ordinance Code to read in words and figures as follows : S . 2910. Definitions . For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural - 1 - 1266 number include the singular number, and words in the singu- lar number include the plural number. The word "shall" is always mandatory and not merely directory. S . 2910.1. "City" shall mean the City of Hunting- ton Beach, California, in its present incorporated form or in any later recognized, consolidated, enlarged or reincorporated form. S . 2910. 2. "Council" may mean the present govern- ing body`'of the City, or any future board constituting the legislative body of the City. S . 2910.3 . "Person" shall mean any individual, firm, partnership, association, corporation, company or organization of any kind. S . 2910.4. "Grantee" shall mean the person, firm or corporation to whom or which a franchise under this chapter is granted by the Council, and the lawful successor or assignee of said person, firm or corporation. S. 2910.5 . "Community Antenna Television System" or "CATV" shall mean a system of antennae, coaxial cables, `wave 'guides, poles, wires, under- ground conduits, manholes and other conductors, equipment or facilities designed, constructed or used for the purpose of providing television, radio or other service by cable or through its facilities as herein contemplated. "CATV" shall not mean or include the transmission of any special program or event for which a separate and distinct charge is made to the subscriber in the manner commonly known and referred to as "pay television. " S . 2910.6 . "Subscribers" shall mean any person or entity receiving for any purpose the CATV service of the grantee herein. S . 2910.7. "Gross annual receipts" shall mean any and all compensation in the form of gross rental and/or service receipts, including initial installation charges, received. directly or indirectly from subscribers or users in payment for CATV services received within the City. Gross annual receipts shall not in- clude any taxes on services furnished by the grantee imposed directly on any subscriber or user by any city, state or other governmental unit and collected by the grantee for such governmental unit. 2 - 1266 Section 4. That Article 292 is hereby added to Chapter 29 of the Huntington Beach Ordinance Code to read in words and figures as follows : ARTICLE 292 FRANCHISE Section 5. That the following sections are here- by added to Article 292 of the Huntington Beach Ordinance Code to read in words and figures as follows : S . 2921. Franchise to Operate . A franchise to construct, operate and maintain a community antenna television system within all or any por- tion of the incorporated area of the City of Huntington Beach may be granted by the Council to any person, firm or corporation, whether operating under an existing franchise or not, offering to furnish and provide such system pur- suant to the terms and provisions of this chapter. Such a franchise shall not be exclusive, and the City reserves the right to grant similar franchise to any person at any time. No provision of this chapter may be construed as to require the granting of a franchise when in the opinion- of the Council it is in the public interest to restrict the number of grantees to one or more or to refrain from grant- ing any franchise at that time . S . 2922. Uses Permitted. Any franchise granted pursuant to the provisions of this chapter shall authorize and permit the grantee to engage in the business of operating and providing a CATV system in the City of Huntington Beach and for that purpose to erect, install, construct, operate, repair, replace, reconstruct, maintain and retain in, on, over, under, upon, across and along any public highway, street, alley, public way or public place, such poles, wires, cable, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments and other property as may be necessary and appurtenant to the CATV system; and, in addition, so to use, operate and provide similar facilities on properties rented or leased from .other persons, firms or corporations including, but not limited to, a public utility or other grantee franchised or permitted to do business in the City of Huntington Beach. S . 2922.1. The grantee shall have the authority to promulgate such rules, regulations, terms and conditions governing the conduct of its business as shall be reasonably necessary to enable it to exercise its rights and perform its obligations under the franchise, and to insure an uninterrupted service to each and all of its 1266 customers; provided, however, that such rules, regulations; terms and conditions shall not be in conflict with the provisions hereof or of the laws of the City of Huntington Beach, the State of California or the United States of America. S . 2922.2. The grantee shall have authority to trim trees upon and overhanging streets, alleys, sidewalks and public places of the City so as to prevent the branches of such trees from coming in contact with the wires and cables of grantee, all trimming to be done under the supervision and, direction of the City and, at the expense of grantee . S. 2922.3 . The grantee may make a charge to sub- scribers for connection to its CATV system and a fixed monthly charge, both as filed and approved as herein provided. Rates charged by the grantee for service hereunder shall be fair and reasonable and .de- signed. .to meet all necessary costs of the service, including a fair rate of return on the net valuation of its properties devoted thereto, under efficient and economical management. For unusual circumstances, such as underground cable .re- quired, or more' than 150 feet of distance from cable to connection of service to subscribers, an additional instal- lation charge over that normally charged for installation as specified in the applicant ' s proposal may be charged., with easements to be supplied by subscribers . For remote, relatively inaccessible subscribers within the City, service will be made available on the basis of cost of materials, labor, and easements if required. Rates to be charged by the grantee to subscribers for installation and services shall be approved by the City Council when the franchise is granted, and may not be changed without prior approval by the City Council. S . 2922.4. No franchise granted hereunder shall be construed as a franchise, permit or license to transmit any special program or event for which a separate and distinct charge is made to the subscri- ber in the manner commonly known andreferred to as "pay television" and no grantee shall directly or indirectly in- stall, maintain or operate on any television set a coin box or any other device or means for collection of money for individual programs . S . 2923. Duration of Franchise . Any franchise, granted by the City Council pursuant to this chapter, shall be for a term of ten (10) years follow- ing the date of acceptance of such franchise by the grantee or renewal thereof. Any such franchise may be terminated prior to its date of expiration by the City Council in the event that said Council shall have found, after thirty (30) days notice of proposed termination and public hearing, that - 4 - (a) the grantee has failed to comply with any provision of this chapter, or has, by act or omission, violated any term or condition of its franchise or permit issued under this chapter; or (b) any provision of this chapter has become invalid or unenforceable, and the Council, further finds that such provision constitutes a ,consideration material to the grant� of said franchise; or (c) the City acquires the CATV property of grantee. S . 2924. Franchise Payment . Any grantee granted a franchise under this chapter shall pay annually to the City, during the life of such franchise, and at times hereinafter specified, , a sum equal to six per cent (6%) of the gross annual receipts of the grantee. S . 2924.1. The grantee shall file with the City, within thirty (30) days after the expiration of any calendar year 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, its successors and assigns, during the preceding calendar year. It shall be the duty of grantee to pay to the City, within ten (10) days after the time for filing such statement, any unpaid balance for the calendar year covered by such statement . S . 2924. 2. In the event that the above payment is not received by the City within the specified time, grantee shall pay to the City a penalty of two per cent (2%) per month on the unpaid balance in addit- ion thereto. S . 2924.3 . In any year or portion thereof commen- cing at the conclusion of the first year that service is provided during which payments to grantee for installation and services amount to less than fifteen hundred dollars ($1500) per month, grantee shall pay to the City a minimum amount of fifty dollars ($50) per month. S . 2924.4. The right is reserved to the City of audit and recomputation of any and all amounts paid under this chapter, and no acceptance of any payment 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 this chapter or for the performance of any obligation thereunder. S . 2924.5. In the event of any holding over after expiration or other termination of said franchise, without the consent of the City, the grantee shall pay to the City damages of not less than twenty per cent (20%) of its gross profits during said per- iod. S . 2925. Limitations of Franchise . 5 _ S . 2925.1. No privilege or exemption shall be granted or conferred by a franchise, granted pursuant to this chapter except those specifically prescribed herein. S . 2925.2. Any privilege claimed under such fran- chise by the grantee in any street, alley, public way or public place shall be subordinate to any prior lawful occupancy of same . S . 2925. 3 . All transmission and distribution structures, lines and equipment of. the grantee within the City shall be so located as to cause minimum interference with the proper use of streets, alleys and other public ways and places, and to cause minimum. interference with the rights or reasonable convenience of property owners who adjoin any of the said streets, alleys or other public ways and places . S . 2925.4. Incase of any disturbance of pave- ment, sidewalk, driveway or other surfacing, the grantee shall, at its own cost and expense and in a manner approved by the Public Works Department of the City, replace and restore all paving, sidewalk, drive- way or surface of any street or alley disturbed,, in as good condition as before said work was commenced and shall maintain the restoration in an approved condition for the duration of the franchise . S . 2925.5 . The grantee shall, at its expense, protect, support, temporarily dis- connect, relocate or remove from any public street, alley or other public way, and property of the grantee when re- quired by the Director of Public Works of the City by reason of traffic conditions, public safety, street vaca- tion, freeway and street construction, change or establish- ment of street grade, installation of sewers, drains, water pipes, power lines, signal lines and tracks or any other type of structures or improvements by governmental agencies when acting in a governmental or proprietary capacity, or any other structures or public improvements; provided, how- ever, the grantee shall in all cases have the privileges and be subject to the obligations to abandon any property of the grantee in place, as provided in Section 2952 hereof. S . 2925 .6. Whenever it is necessary to shut off or interrupt service for the purpose of making repairs, adjustments, alterations or installations, the grantee shall do so at such time as will cause the least amount of inconvenience to its customers, and unless such interruption is unforeseen and, immediately necessary, it ! shall give reasonable notice thereof to its customers . S . 2925.7 . Any such franchise shall be a privi- lege to be held in personal trust by - 6 - I the original grantee . It cannot in any event be sold, transferred, leased, assigned or disposed of, in whole or in part, either by forced or involuntary sale, merger, consolidation or otherwise, without prior consent of the Council expressed' by resolution, and then only under such conditions as may be therein prescribed. The grantee shall file with the Council within thirty (30) days after any sale, transfer, assignment, or lease of the franchise or any part thereof, or any of the rights or privileges granted thereby, written evidence of the transaction certified to by the grantee or its duly authorized officers . The proposed ,assignee must show financial responsibility and must agree to comply with all provis- ions of this chapter. No such consent shall be required for a transfer in trust, mortgage or other hypothecation as a whole, to secure an indebtedness . S . 2925.8. Time shall be of the essence of any such franchise granted. The grantee shall not be relieved of his obligation to comply promptly with any of the provisions of this chapter by failure of. , the City to enforce prompt compliance . S . 2925.9. Any right or power in, or duty im- pressed upon any officer, employee, department or board of the City shall be subject to transfer by the City to any other officer, employee, de- partment or board of the City. S . 2925.10. The grantee shall have no recourse whatsoever against the City for any loss, cost, expense or damage arising out of any provisions or requirements of this chapter or its enforcement . S . 2925 .11. The grantee is subject to all re- quirements of the ordinances, rules, regulations and specifications of the City heretofore or hereafter enacted or established., including, but not limited to, those concerning street work, street excavation, use, removal and relocation of property within a street, and other street work. S . 2925 .12 . Any such franchise granted shall not relieve the. grantee of any obligation involved in obtaining pole space from any department of the City, utility company, or from others maintaining poles in streets . S . 2925 .13 . Any franchise granted hereunder shall be in lieu of any and all other rights, privileges, powers, immunities, and authorities owned, possessed, controlled, or exercisable by grantee, or by any successor to any interest of grantee, of or pertaining 7 - 12 G6 to the construction, operation, or maintenance of any CATV system in the City; and the acceptance of any franchise hereunder shall operate, as between grantee and the City, as an abandonment of any and all of such rights, privileges, powers, immunities and authorities within the City, to the effect that, as between grantee and.,the,, City, any and all construction, operation and maintenance ,by any grantee of any CATV system in the City shall be, and shall be deemed and construed in all instances and respects. to be under and pursuant to said franchise, and not under or -pursuant to any other right, privilege, power; immunity or . authority whatsoever, in lieu of all of which is and shall-, be granted any franchise hereunder. Section 6. ' That Article 293 is hereby added - to Chapter 29 of the Huntington Beach Ordinance Code to read t in words and figures as follows : ARTICLE 293 RIGHTS RESERVED TO CITY Section 7. That the following sections are here- by added to Article 293 of the Huntington Beach Ordinance Code to read in words and figures as follows : S . 2931. No franchise granted under this chap- ter in any way impairs or affects the right of the City to acquire the property of the grantee by purchase or condemnation. S . 2932. No franchise granted under this chapter shall ever be given any value before any court or other public authority in any proceeding of any character in excess of the cost to the grantee of the neces- sary publication and any other sum paid by it to the City therefor at -the time of acquisition. S . 2933 . There is hereby reserved to the City every right and power which is required to be herein reserved or provided by any ordinance or re- solution of the City, and the grantee, by its acceptance of any franchise, agrees to be bound thereby and to comply with any action or requirements of the City in its exercise of such rights or power, heretofore or hereafter enacted or established. S . 2934. Neither the granting of a franchise hereunder nor any of the provisions con- . - 8 - I 1266 tained herein shall be construed to prevent the City from granting any identical, or similar, franchise to any other person, firm or corporation, either within or without the designated area of the franchise . S . 2935. The City Council may do all things which are necessary and convenient in the exercise of its jurisdiction under this chapter and may determine any question of fact which may arise during the existence of any franchise issued under the provisions of this chapter. S . 2936. The City Administrator of the City of Huntington Beach is hereby authorized and empowered to adjust, settle, or compromise any contro- versy or charge arising from the operations of any grantee .under this chapter, either on behalf of the City, the grant- ee, or any subscriber, in the best interest of the public . Either the grantee or any member of the public who may be dissatisfied with the decision of the City Administrator may appeal the matter to the Council for hearing and. determination. The Council may accept, reject or modify the decision of the City Administrator, and the Council may adjust, settle or compromise any controversy or . cancel any charge arising from the operations of any grantee or from any provision of this chapter. Section 8. That Article 294 is hereby added to Chapter 29 of the Huntington Beach Ordinance Code to read in words and figures as follows : ARTICLE 294 PERMITS, INSTALLATION AND SERVICE Section. 9. That the following sections are here- by added to Article 294 of the Huntington Beach Ordinance Code to read in words and figures as follows : S . 2941. Within thirty (30) days after acceptance of any franchise the grantee shall pro- ceed with due diligence to obtain all necessary permits and authorizations which are required in the conduct of its business, including but not limited to any utility joint use attachment agreements, microwave carrier licenses, and any other permits, licenses, and authorizations to be granted .by duly constituted regulatory agencies having jurisdiction over the operation of CATV systems, or their microwave transmission facilities. - 9 - 1266 S . 2942 . Within ninety (90) days after obtaining all necessary permits, licenses and authorizations, grantee shall commence construction and installation of the CATV system. S . 2943. Within ninety (90) days after the commencement of construction and installation of the system; grantee shall proceed to render service to the subscribers, and the completion of the construction and installation shall be completed within one year from the date that service was first provided. S . 2944. Failure to do any of the foregoing shall. be grounds for termination of the franchise. S . 2945 . The Council may extend the time for beginning construction and installation for additional periods in the event the grantee, acting in good faith, experiences delays by reason of circumstances beyond, his control. Section 10. That Article 295 is hereby added to Chapter 29 of the Huntington Beach Ordinance Code to read in words and figures as follows: ARTICLE 295 RULES AND REGULATIONS Section 11. That the following sections are hereby added to Article 295 of the Huntington Beach Ordi- nance Code to read in words and figures as follows : S . 2951. Location of Grantee ' s Properties . S . 2951.1. Any poles, wires, cable lines, con- duits, or other properties of the grantee to be constructed or installed in streets, alleys or other public places shall be so constructed or installed only at such locations and in such manner as shall be approved by the Director of Public Works of the City acting in the exercise of his reasonable discretion. I S . 2951.2 . The grantee shall not install or erect any facilities or apparatus on public property or rights-of-way within the City, except those installed or erected upon public utility facilities now existing, without written approval of the Director of Public Works of the City. 10 - J 1266 S . 2951. 3 . In those areas and portions of the City where both the transmission and distribution facilities of the public utility provid- ing telephone service and those of the utility providing electric service are underground or hereafter may be placed underground, then the grantee shall likewise con- struct, operate and maintain all of its transmission and distribution facilities underground. Amplifiers in grantee ' s transmission and distribution lines may be in appropriate housings upon the surface of the ground as ap- proved by the Director of Public Works of the City. S . 2952. Removal or Abandonment of Property of, Grantee . S. 2952. 1: In the event that the use of any part of the CATV system is discontinued for any reason for a continuous period of three (3) months, or in the event such system or property has been installed in any street, alley or public place without complying with the requirements of its franchise or ordinance, or the fran- chise has been terminated, cancelled or has expired, the grantee shall promptly, upon being given thrity (30) days ' notice, remove from the streets, alleys or public places all such property and poles of such system other than any which the Director of Public Works may permit to be abandoned in such place . In the event of any: such re- moval, the grantee shall promptly restore the street, alley or other area from which such property has been removed, to ' a condition satisfactory to the Director of Public Works . S. 2952. 2. Any property of the grantee remaining in place ninety (90) days after the termination of the franchise shall be. considered permanently abandoned. The City Administrator may extend such time not to exceed an additional thirty (30) days . S . 2952 .3 . Any property of the grantee to be abandoned in place shall be abandoned in such manner as the Director of Public Works shall pre- scribe . Upon permanent abandonment of the property of the grantee in place, the property shall become that of the City, and the grantee shall submit to the City Council an instru- ment, to be approved by the City Attorney, transferring to the City the ownership of such property. S . 2953 . Failure to Perform Street Work. Upon failure of the grantee to commence, pur- sue, or complete any work required by law or by the provis- ions of this chapter or by its franchise to be done in any street, alley or other public places within the time pres- cribed, and to the satisfaction of the Director of Public Works, the City Administrator may at his option cause such - 11 - 1266 work to be done and the grantee shall pay to the City the cost thereof in the itemized amounts reported by the City Administrator to the grantee within ten (10) days after receipt of such itemized report. S . 2954. Faithful Performance Bond. S . 2954.1. The grantee shall, concurrently with the filing of an acceptance of award of the franchise granted under this chapter, file with the City Clerk and at all times thereafter maintain in full force and effect for the term of such franchise or renewal thereof, at grantee ' s sole expense, a corporate surety bond in a company approved by, and in a form to be approved by, the City Attorney, in the amount of one hundred thous- and dollars ($100,000) renewable annually, and conditioned upon the faithful performance of grantee, and upon the further condition that in the event grantee shall fail to comply with any one or more of the provisions of this chapter or of the franchise issued to the grantee here- under, there shall be recoverable jointly and severally from the principal and surety of such bond any damages or loss suffered by the City as a result thereof, including the full amount of any compensation, indemnification, or cost of removal or abandonment of any property of the grantee ,as prescribed hereby which may be in default, plus a reasonable allowance for attorney' s fees and costs, up to the full amount of the bond, said condition to be a continuing obli- gation for the duration of such franchise or any renewal thereof, and thereafter until the grantee has liquidated all of its obligations with the City that may have arisen from the acceptance of said franchise by the grantee or from its exercise of any privilege therein granted. The bond shall provide that thirty (30) days prior written notice of intention not to renew, cancellation, or mater- ial change, be given to the City. S . 2954.2. Neither the provisions of this sec- tion, nor any bond accepted by the City pursuant thereto, nor any damages are recovered by the City thereunder, shall be construed to excuse faithful performance by the grantee or limit the liability of the grantee under any franchise issued hereunder or for damages, either to the full amount of the bond or otherwise. S . 2955 . Indemnification of the City. S . 2955.1. The grantee shall, at all times dur- ing the existence of any franchise issued hereunder, maintain in full force and effect, furnish to the City, and file with the. City Clerk, at its own cost and expense, a general comprehensive liability insurance policy, in protection of the City, its officers, 12 - 1266 boards, commissions, agents and employees, in a company approved by the City Administrator and in a form satisfactory to the City Administrator, protecting the City and all per- sons against liability for loss or damage for personal injury, death and property damage, occasioned by the opera- tions of grantee under such franchise, with minimum liability limits of one million dollars ($1,000,000) for personal injury or death of any one person and two million dollars ($2,000,000) for personal injury or death of two or more persons in any one occurrence, and one million dollars ($1,000,000) for damage to property resulting from any one occurrence. S . 2955. 2 . The policies mentioned in the fore- going paragraph shall name the City, its officers, boards, commissions, agents and employees, as additional insured and .shall contain a provision that a written notice of any cancellation, modifi- cation or reduction in coverage of said policy shall be delivered to the City Clerk thirty (30) days in advance of the effective date thereof; if such insurance is provided in either case by a policy which also covers grantee or any other entity or person other than those above named, then such policy shall contain the standard cross-liability endorsement . S . 2955.3 . No franchise granted under this chapter shall be effective unless and until each of the foregoing policies of insurance as requir- ed. in this section has been delivered to the City Clerk. S . 2956. Inspection of Property and Records . S . 2956. 1. At all reasonable times, the grantee shall permit any duly authorized representative of the City to examine all property of the grantee, together with any appurtenant property of the grantee situated within or without the City, and to examine and transcribe any and all maps and other records kept or maintained by the grantee or under its control which deal with the operations, affairs, transactions or property of the grantee with respect thereto. If any of such maps or records are not kept in the City, or upon reasonable re- quest made available in the City, and if the City Administrator shall determined that an examination thereof is necessary or appropriate, then all travel and mainten- ance expense necessarily incurred in making such examina- tion shall be paid by the grantee . S . 2956.2. The grantee shall prepare and fur- nish to the City Administrator and/or the Director of Finance at the times and in the form pre- scribed by either of said officers, such reports with - 13 - 1266 respect to its operations, affairs, transactions or property, as may be reasonably necessary or appropriate to the per- formance of any of the rights, functions or duties of the ' City or any of its officers in connection with the franchise. S . 2956. 3. The grantee shall, at all times, make and keep in the City full and complete plans and records showing the exact location of all CATV system equipment installed or in use in streets, alleys and public places in the City. The grantee shall file with the Director of Pub- lic Works, on or before the last day in March of each year, a current set of maps drawn to scale showing all CATV system equipment installed and in place in streets, alleys and other public places of the City during the previous year. S . 2957. Operational Standards . The CATV system shall be installed and maintained in accordance with the highest and best accepted standards of the industry to the effect that subscribers shall receive the highest possible service . In determining the satis- factory extent of such standards, the following shall be considered: S . 2957 . 1. The system shall be installed using all band equipment capable of passing the entire VHF and FM spectrum, and it shall have the further capability of converting UHF for distribution to subscribers on the VHF band . S . 2957.2 . The system, as installed, shall be capable of passing standard color TV signals without the introduction of material degradation on color fidelity and intelligence. S . 2957.3 . The system and all equipment shall be designed and rated for 24-hour per day continuous operation. I S . 2957 .4. The system shall provide a signal level of 2000 microvolts at the input terminals of each TV receiver. S . 2957. 5. The system signal-to-noise rate shall j be not less than 46 decibels . S . 2957.6 . Hum modulation of the picture signal shall be less than 5%. S . 2957.7. The system shall use components having a VSWR of 1.4 or less . Section 12 . That Article 296 is hereby added to Chapter 29 of the .Huntirg ton Beach Ordinance Code to read in words and figures as follows : - 14 - I 1266 ARTICLE 296 MISCELLANEOUS PROVISIONS Section 13 . That the following sections are hereby added to Article 296 of the Huntington Beach Ordi- nance Code to read in words and figures as follows : S . 2961. All matters herein provided to be filed with the City shall be filed with the City Clerk. S . 2962. The rate schedule for any connection fee or monthly service charge, or change thereto, to subscribers must have written approval of the City Council. S . 2963 . The grantee must pay to the City a sum of money sufficient to reimburse it for expenses incurred by it in publishing legal notice and ordinances and for attorney' s fees in connection with the granting of a franchise pursuant to the provisions of this chapter; such payment to be made within thi%ty (30) days after the City shall furnish such grantee with a written statement of such expense. S . 2964. The grantee shall maintain an office within the City limits so that CATV maintenance service shall be promptly available to subscribers. S . 2965. No person, firm or corporation in the existing service area of grantee shall be arbitrarily refused service; provided, however, that grantee shall not be required to provide service to any subscriber who does not pay the applicable connection fee or the applicable monthly service charge. Section 14. ThatklArticle 297 is hereby added to Chapter 29 of the Huntington Beach Ordinance Code to read in words and figures as follows : ARTICLE 297 APPLICATION FOR FRANCHISE Section 15. That the following sections are hereby added to Article 297 of the Huntington Beach Ordi- nance Code to read in words and figures as follows : 15 - 1266 S . 2971. Application for a franchise hereunder shall be filed with the City Clerk in a form approved by the City and shall contain the following information: (A) The name and address of applicant . (B) A general description of applicant ' s pro- posed CATV operation, including a tentative map of areas to be served. (C) A statement or schedule in a form approved by the City of proposed rates and charges to subscribers for installation and services, and a copy of proposed service agreement between the grantee and its subscribers shall accompany the application. (D) A copy of any contract or permit, if exist- ing, between the applicant and any public utility providing for the use of facilities of such public utility, such as poles, lines, or conduits . (E) A statement of the corporate organization of applicant, including the names and addresses of its officers, directors and associates, and also includ- ing the names of subsidiary companies with a listing of other areas being served by CATV or similar systems . If a franchise is granted to a person, firm, group or corpora- tion posing as a front or representative for another person, firm, group, or corporation, and such information is not disclosed in the original application, such franchise may be revoked by the City Council. (F) Applicant shall also furnish a financial . statement as to the company' s or corporation' s financial ability to complete installation and operation of the CATV system. (G) Upon consideration of any such application, the Council may refuse to grant the requested franchise or the Council may by ordinance grant a franchise for a CATV system to any such applicant as may appear from said application to be in its opinion best qualified to render proper .and efficient CATV service to television viewers and subscribers in the City. The Council ' s decis- ion in the matter shall be final. If favorably considered, the application submitted shall constitute and form part of the franchise as granted. (H) Prior to the granting of a franchise pursuant to this chapter, the Council shall pass a resolution declaring its intention to grant the same, stating - 16 - 1266 the name of the proposed grantee, the character of the fran- chise and the terms and conditions upon which it is proposed to be granted. Such resolution shall fix and set forth the day, hour and place when and where any persons having any interest therein or any objection to the granting thereof may appear before the Council and be heard thereon. It shall direct the City Clerk to publish said resolution at least once within fifteen (15) days of the passage thereof in the official newspaper. Said notice shall be published at least ten (10) days prior to the date of hearing. At the time set for the hearing the Council shall proceed to hear and pass upon all protests and its decision thereon shall be final and conclusive. Thereafter it may by ordinance grant the franchise on the terms and conditions specified in the resolution of intention to grant same, subject to the right of referendum of the people, or it may deny the same . If the Council shall determine that changes should be made in the terms and conditions upon which the franchise is proposed to be granted, a new resolution of intention shall be adopted and like proceedings had thereon. (I) Any franchise issued pursuant to this chapter shall include the following conditions : "The CATV system herein franchised shall be used and operated solely and exclusively for the purpose expressly authorized by ordinance of the City of Huntington Beach and no other purpose whatsoever. " The inclusion of the foregoing statement in any such franchise shall not be deemed to limit the author- ity of the City to include any other reasonable condition, limitation or restriction which it may deem necessary to impose in connection with such franchise pursuant to the authority conferred by this chapter. S . 2972. Franchise Renewal. Any franchise granted under this chapter is renewable at the application of the grantee, its lawful successors or assignee for such period of time as the Council and the applicant may agree upon by negotiation. Section 16. That the following Article 298 is hereby added to Chapter 29 of the Huntington Beach Ordinance I Code to read in words and figures as follows : ARTICLE 298 ENFORCEMENT - 17 - 1266 Section 17 . That the following sections are hereby added to Article 298 of the Huntington Beach Ordi- nance Code to read in words and figures as follows : S . 2981.1. It shall be unlawful for any person, firm or corporation to make any un- authorized connection in physical contact with any part of a franchised CATV system within this City for the purpose of taking or receiving or enabling himself or others to receive any television signals, radio signals, pictures, programs or sound. S . 2981.2. It shall be unlawful for any person, without the consent of the owner, to wilfully tamper with, remove or injure any cables, wires or equipment used for distribution of television signals, radio signals, pictures, programs or sound. S . 2981. 3 . From and after the effective date of this chapter, it shall be unlawful for any person, firm, or corporation to construct, maintain, or operate a CATV system in all or any portion of the City without complying with the provisions of this chapter. S . 2982. SEVERABILITY. If any section, subsec- tion, sentence, clause or phrase of this ordinance is for any reason held illegal, invalid or unconstitutional by thb decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. The Council hereby de- clares that it would have passed this ordinance and each section, subsection, sentence, clause and phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared illegal, invalid or unconstitutional. The invalidity of any portion of this ordinance shall not abate, reduce or otherwise affect any consideration or other obligation re- quired of the grantee of any franchise granted hereunder. Section 18. The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published by one insertion in the Huntington Beach News, a weekly newspaper, printed, published and cir- culated in the City of Huntington Beach, California, and thirty (30) days after the adoption thereof, the same shall take effect and be in force. - 18 - 1266 PASSED AND ADOPTED by the City Council of the City of Huntington Beach, California, this 21st day of November 1966 . Mayor ATTEST: City Clerk APPROVED AS TO FORM: 'Cit Attorney v SI 19 _ i Ord. No . 1266 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss : CITY OF HUNTINGTON BEACH ) I , PAUL C . JONES, the duly elected, qualified, and acting City Clerk of the City of Huntington Beach and ex officio Clerk of the- City Council of .the said City, do hereby certify that the whole number of members of the `City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on. the 7h day of November 19 66 . E and was again read to said City Council at a regular meeting thereof held on the 21st day of November , . 19 CC , and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council . AYES : Councilmen: Coen, Bartlett , Gisler , Kaufman, Shipley, Green, Stewart NOES: Councilmen: None ABSENT : Councilmen: None [i, �I�LC .Jtlw' Y CLERK , ...__. "OeCit-yoOfHUntington Bead adde ;offii�C;�'a ;, of the City City Clerk a ex-officio Clerk C)'UUCU, ddohbWby;certify.,thc1 b of the City Council of the City ftsordinan his. been phlished' of Huntington Beach, California irirrtiteztik€c; .fit DeachNews•bn ' rinaetord"ds:c6. -vVji h -he City;.Claafter _ Crfy Cie ak t �� any c€t "C i