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Home My WebLink AboutOrdinance #3381 ORDINANCE NO. 3381 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 12.48 OF THE HUNTINGTON BEACH MUNICIPAL CODE REGARDING WIRELESS DIGITAL COMMUNICATIONS RADIO NETWORKS The City Council of the City of Huntington Beach does hereby ordain as follows: Section 1. Section 12.48.020(m) of the Huntington Beach Municipal Code is amended to read as follows: "(m) "Radio Month" means a calendar month during which a radio occupies space in the public right-of-way, even if such occupancy is less than the entire month." Section 2. Section 12.48.040 of the Huntington Beach Municipal code is hereby amended to read as follows: 12.48.040 Grant of the Franchise. (a) Any entity may apply for the grant of a new franchise. (b) The City may, by advertisement or any other means, solicit applications for new franchises pursuant to a request for proposals. (c) Upon receipt of an application,the City Administrator(or his designee) shall cause to be prepared a report, including his/her recommendations respecting such application, which shall be filed with the Council, each applicant, and any existing franchisees. Upon receipt of said report, a public hearing shall be noticed to consider the approval of the application. City shall give all existing franchisees notice of the public hearing. (d) The City may, at any time prior to the close of the public hearing, require the applicant to provide supplementary information reasonably necessary to determine whether the application should be approved. (e) Following the public hearing, the Council, at its discretion, shall determine whether to approve the application. In making its determination, the Council shall give due consideration to the quality of the service proposed, 1 SF/s:PCD:Ordinance:Rev-1248 12/19/97-41 income to the City, experience, character, technical and financial responsibility of the applicant, and any other considerations deemed pertinent by the Council for safeguarding the interests of the City and public." Section 3. Section 12.48.050 of the Huntington Beach Municipal code is amended to read as follows: 12.48.050 Franchise Processing. (a) Any application for a new franchise grant, a franchise renewal or a franchise transfer shall be made in a manner prescribed by the City Administrator, and shall include an application fee in the amount of $3,000.00, Said fee is to defray the administrative and consulting costs to adequately analyze the application. In addition,the applicant shall reimburse the City for all administrative, consulting and legal costs not recovered through the application fee. (b) These franchise processing costs are over and above any construction, inspection and permit fees, and the franchise fees specified in this Chapter or the franchise agreement." Section 4. Sections 12.48.040, 12.48.050 and 12.48.060 are hereby renumbered to be 12.48.060, 12.48.070 and 12.48.080, respectively, of the Huntington Beach Municipal Code. Section 5. Section 12.48.070 of the Huntington Beach Municipal Code is hereby renumbered to be Section 12.48.090 and subparagraph(b) of said section is hereby amended to read as follows: "(b) Upon the grant of a franchise by City Council,the franchisee is authorized and permitted to attach, install, operate, maintain,remove, reattach, reinstall,relocate, and replace radios in or on City street light poles, lighting fixtures, and electroliers, within the public right-of-way, or on other city property as designated in the franchise agreement for the purposes of providing services to persons located within or without the limits of the City. Any work performed pursuant to the rights granted under the franchise may, at the City's option, be subject to the prior review and approval of the City. During the term of this franchise,the location of each radio installed by franchisee or its designee shall be disclosed in writing to the City by franchisee within ten(10) days after its installation, removal, or relocation." 2 SF/s:PCD:Ordinance:Rev-1248 2/5/98-#1 Section 6. Section 12.48,080 of the Huntington Beach Municipal Code is renumbered to be Section 12.48.100, and subsection(b) of said section is hereby amended to read as follows: "(b) As compensation for the franchise,franchisee shall pay to the City on a quarterly basis a franchise fee in an amount as established in the franchise agreement. The franchise fee required by this section shall be due on or before the 45th day after the end of each calendar quarter or fraction thereof. Within forty-five (45) days after the termination of the franchise, compensation shall be paid for the period elapsing since the end of the last calendar quarter for which this compensation has been paid. Franchisee shall furnish to the City with each payment of compensation required by this section a statement executed by an authorized officer of franchisee or his or her designee showing the amount of gross revenues for the period covered by the payment. If the franchisee discovers that it has failed to pay the entire or correct amount of compensation due,the City shall be paid by franchisee within fifteen(15) days of discovery of the error or determination of the correct amount. Any overpayment to the City through error or otherwise shall be offset against the next.payment due from franchisee, provided that the franchisee shall file a claim for the overpayment within one year of making the overpayment. Acceptance by the City of any payment due under this section shall not be deemed to be waiver by the City of any breach of the franchise occurring prior thereto,nor shall the acceptance by the City of any such payments preclude the City from later establishing that a larger amount was actually due, or from collecting any balance due to the City." Section 7. Sections 12.48.090, 12.48.100, 12.48.110, 12.48.120, 12.48.130, 12,48.140, 12.48.150, and 12.48.160 are hereby renumbered to be 12.48.110, 12.48.120, 12.48.130, 12.48.140, 12.48.150, 12.48.160, 12.48.170, and 12.48.180, respectively, of the Huntington Beach Municipal Code. Section 8. This ordinance shall become effective 30 days after it is adopted. 3 SF/s TMOrdinance:Rev-1248 1/27/98-41 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 20th day of January , 1998. ayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: Acting Ci Administrator ire Chief Director of P is Wor 4 SF/s:PCD:0rdinance:Rev-1248 12/19/97-41 Ord.No.3381 STATE OF CALIFORNIA ) COUNTY OF ORANGE CITY OF HUNTINGTON BEACH } 1, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of 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 Sth of January, 1998, and was again read to said City Council at a regular meeting thereof held on the 20th of January, 1998, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Julien, Harman, Green,Dettloff,Bauer, Sullivan,Garofalo NOES: None ABSENT: None ABSTAIN: None I,Connie Brockway CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Independent on ytf 11999 In accordance with the City Charter of said City City Clerk and ex-officio Werk oonne Broekw—gy Ci1y Clerk of the City Council of the City Depu1y Ci1y Clerk of Huntington Beach, California t 4 G/ordinanc/ordhkpg 1/22/98