HomeMy WebLinkAboutCommunity Antenna Television System - Ordinance 1266 - Chapt OFFICE MEMORANL.., JM
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INGrp�y®
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Caty ®f Huntington Beach K DALE BUSH
CITY ATTORNEY
PAUL C JONES
17 ISO% tt�@ P.0 BOX 190 CALIFORNIA 92648 CITY CLERK
FCO,IN C BETTY DIEKOFF
4j
YIU 1 Y` TREASURER
DOYLE MILLER
COUNCILMEN October 28 , 1966 Z>1 ADMINISTRATIVE
OFFICER
JAKE R STEWART, MAYOR
TED W BARTLETT BRANDER D CASTLE
ALVIN M COEN ASSISTANT
ADMINISTRATOR
ERNEST H GISLER
N JOHN V V GREEN
DR HENRY S KAUFMAN f
DR DONALD D SHIPLEY / 7*
Mr. Doyle Miller,
City Administrator,
City Hall,
Huntington Beach, Calif.
RE: PROPOSED COMMUNITY ANTENNA
TELEVISION SYSTEM ORDINANCE
Deer Mr. Miller:
This is the proposed Community Antenna Tele-
vision System Ordinance. I would assume that this
matter will be referred to the City Council for study
and that later a meeting will be held for discussion
and if the Council approves , it will be set for pub-
lic hearing.
r"!
Very truly yours,
K. DALE BUSH
City Attorney
KDB:h
Encl.
JAMES R WHEELER DELBERT G HIGGINS
DIRECTOR OF PUBLIC WORKS FIRE CHIEF
KENNETH A REYNOLDS
FRANK B ARGUELLO PLANNING DIRECTOR VINCENT G MOORHOUSE
FINANCE DIRECTOR LIFEGUARD CHIEF
JOHN SELTZER ROECCREATIION &Y OLLIN C CLEVELAND
POLICE CHIEF PARKS DIRECTOR BUILDING DIRECTOR
� 7
70
2 ORDINANCE NO. ^
'�JBLIC HEARIN SET EACHAN DINANCE OF THE ADDING CHAPTER C29 TOITY FTHE
TINGTON
DRa UNTINGTON BEACH ORDINANCE CODE PROVIDING
OR CITY REGULATION AND USE OF COMMUNITY
ANTENNA TELEVISION SYSTEMS, AND SETTING
......... . FORTH CONDITIONS ACCOMPANYING THE GRANT
OF FRANCHISE
7 The City Council of the City of Huntington Beach s
does ordain as follows:
8 '
9 Section 1. That Chapter 29 is hereby added to
10 the Huntington Beach Ordinance Code to read in words and
11 figures- as follows:
12 CHAPTER 29
13 COMMUNITY ANTENNA TELEVISION
14 Article 291 - General
Article 292 - Franchise
15 Article 29 - Rights Reserved to City
Article 294 - Permits, Installation and Servica
16 Article 295 - Rules and Regulations
Article 296 - Miscellaneous
17 Article 297 - Application for Franchise
- Article 298 - Enforcement
18
Section 2. That Article 291 is hereby added to
19
Chapter 29 of the Huntington Beach Ordinance Code to 'read
20
in words and figures as follows:
- 21 ,
ARTICLE 291
22
General
23
Section 3. That the following sections are here-
24
by added to Article 291 of the Huntington Beach Ordinance
25
Code to read in words and figures as follows:
26
S. 2910. Definitions. For the purpose of this
27 chapter; thF following terms,, phrases,
words and their derivations shall have the meaning given
28 herein. When not inconsistent with the context, -words used
29 in the present tense include the future, words in the plural
30
number include the singular number., and words in the singu-
lar number include the plural numbe'r. ' The word "shall" is
2 always mandatory and not merely directory.
S . 2910.1. "City" shall mean the City of Hunting-
4 ton Beach., California..' in its present
- incorporated form or in any later recognized, consolidated,
5 enlarged or 'reincorpo,,ated form.- ,
6 S . 2910.2: "Council" may mean the present govern-
ing body of the City, or any future
7 board constituting the legislative body of the City.
8 S. 2910.3. "Person" shall mean any individual,
firm, partnership, association,
9 corporation, company or organization of any kind.
10 S. 2910.4. "Grantee" shall mean the person., firm
or corporation- to whom or which a
11 franchise under this chapter ,is granted by the Council, and
the lawful successor or assignee of said person, firm or
12 corporation.
13 S. 2910-5. "Community Antenna Television System','
or "CATV shall mean a system of
14 antennae., coaxial cables, wave guides., poles., wires., under-
ground conduits., manholes and other conductors., equipment
15 or facilities designed, constructed or- used for the purpose
of providing television, radio or other service by cable or
16 through its facilities as herein contemplated. "CATV shall
not mean or include the transmission of any special program
17 or event for which a separate and distinct charge is made to
the subscriber in the manner commonly known and referred to
18 as , pay television. "
19 S. 2910.6. "Subscribers" shall mean any person
or entity receiving for any purpose
20 the CATV service of the grantee herein.
21 S. 2910.7. "Gross annual receipts" shall mean any
22 and all compensation in the form of
gross rental and/or service receipts,, including initial
installation charges, received directly or indirectly from
23 subscribers or users in payment for CATV services received
24 within the City.
25 Gross annual receipts shall not in-
clude any taxes on services furnished by the grantee imposed
26 directly on any subscriber or user by any city, state or
other governmental unit and collected by the grantee for
27 such governmental unit.
28
29 2
30 .
1
Section 4. That Article 292 is hereby added to
2
Chapter 29 of the Huntington Beach Ordinance Code to read
3
in words and figures as follows:
4
ARTICLE 292
. 5
FRANCHISE
6
Section 5. That the following sections are nere-
7
8 by added to Article 292 of the Huntington Beach Ordinance
9 Code to read in words and figures as Follows:
10 S . 2921. Franchise to Operate. A franchise to
construct, operate and maintain a
community antenna television system within ali or any por-
tion of the incorporated area of the City of Huntington
12 Beach may be granted by the Council to any person, firm or
corporation, whether operating under an existing franchise
13 or not, offering to fuxnish 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
14 right to grant similar franchise to any person at any time.
15 No provision of this chapter may be construed as to require
the granting of a franchise when in the opinion of the
16 Council it is in the public interest to restrict the
number of grantees to one or more or to refrain from grant-
17 ing any franchise at that time.
18 S. 2922. Uses Permitted. Any franchise granted
pursuant to the provisions of this
19 chapter shall authorize and permit the grantee to engage
in the business of operatin,; and providing a CATV system in
20 the City of Huntington Beach and for that purpose to erect,
install, construct, operate, repair, replace, reconstruct,
21 maintain and retain in, on, over, under, upon, across and a10 g
any public highway, street, alley, public way or public place,
22 such poles, wires, cable, conductors, ducts, conduits, vaults,
manholes, amplifiers, appliances, attachments and other
23 property as may be necessary and appurtenant to the CATV
system, and, in addition. so to use, operate and provide
24 I similar facilities on properties .rented or leased from other
persons, firms or corporations including, but not limited to,
25 a public utility or other grantee franchised or permitted to
do business in the City of Huntington Beach.
26
S . 2922.1. The grantee shall have the authority to
27 promulgate such rules, regulations,
terms and conditions governing the conduct of its business as
28 shall be reasonably necessary to enable it to exercise its
rights and perform its obligations under the franchise, and
29 to insure an uninterrupted service to each and all of its
30 - 3 �
customers; 'provided, however, that such rules, regulations,
2 terms and conditions shall not be in conflict with the
3 provisions hereof or of the laws of the City of Huntington
Beach, the° State of California or the United' States of
4 America.
5 S. 2922.2. The grantee shall have authority to
trim trees upon and overhanging
6 streets,_ alleys, sidewalks and public places of the City
so as to prevent the branches of such trees from coming in ,
7 contact with the wires and cables of grantee, all trimming
to be done under the supervision and direction of the City
8 and. at 'the expense of grantee.
9 S. 2922.3. The grantee may make a charge to sub-
scribers for connection to its CATV
10 system and' a fixed monthly charge, both as filed and
approved as herein provided. Rates charged by the grantee
11 for service hereunder shall be fair and reasonable and de-
signed to Meet all necessary costs of the service, Including
12 a fair rate of return on the net valuation of its properties
devoted thereto, under efficient and economical management.
13 For unusual circumstances, such as underground cable re-
quired, or more than 150 feet of distance from cable to
14 connection of service to subscribers; an additional instal-
lation charge over that normally charged for installation as
15 specified in the applicant' s proposal may be charged, with ,
easements to be supplied by subscribers. For remote,
16 relatively inaccessible subscribers within the City, service
will be made available on the basis of cost of materials,
17 labor, and easements if required. Rates to be charged by
the grantee to subscribers for installation and services
18 shall be approved by the City Council when the franchise is
granted, and may not be changed without prior approval by
19 the City Council.
20 S'• 2922.4. No franchise granted hereunder shall
be construed as a franchise, permit
21 or license to transmit any special program or event for
which a -separate and distinct charge is made to the subscri-
22 - ber in the manner commonly known andreferred to as "pay
television" and no grantee shall directly or indirectly in-
23 stall, maintain or operate on any television set a coin box
or any other device or means for collection of money for
24 individual programs.
25 S. 2923. Duration of Franchise. Any franchise,
granted by the City Council pursuant to
26 this chapter, shall be for a term of ten' (10) years follow-
ing the date of acceptance' of such, franchise by the grantee
27 or renewal thereof. Any such franchise may be terminated
prior to its date of expiration by the City Council in the
28 event that said Council shall have found, after thirty (30)
days notice of proposed termination and public hearing, that
29
30 - 4 -
1 (a) the grantee has failed to comply with any provision of
2 this chapter, or has, by act or omission, violated any term
or condition of its franchise or permit issued under this
3 chapter; or (b) any provision of this chapter has become
invalid or unenforceable, and the Council further finds
4 that such provision constitutes a consideration material. to
the grant of said franchise; or (c) the City acquires the
5 CATV property of grantee.
6- S. 2924. Franchise Payment. Any grantee granted
a franchise ,under this chapter shall
7 pay annually to the City., during the life of such franchise.,
and at times hereinafter specified., a sum equal to six per,
8 cent (6%) of the gross annual receipts of the grantee. ,
9 S. 2924.1. The grantee shall file with the City,
within thirty (30) days after ' the
10 expiration of any calendar year during which such franchise
is in force, a financial statement prepared by a certified
11 public accountant showing in detail the gross annual receipts,
as defined herein, of grantee, its successors and assigns,'
12 during the preceding calendar year. It shall be the duty
of grantee to pay to the City, within ten (10) days after
13 the time for filing such statement., any unpaid balance for th(
calendar year covered by such statement.
14 S. 2224.2. In the event that the above payment is
15 not received by the City within the
specified time., grantee shall pay to the City a penalty of
16 two per cent (2%) per month on the unpaid balance in addit-
ion thereto.
17
S. 2924-3. In any year or portion thereof commen-
18 cing at the cone us on of the first year that service is
provided during which payments to grantee for installation -
19 and services amount to less than fifteen hundred dollars
($1500) per month, grantee shall pay to the City a minimum
20 amount of fifty dollars ($50) per month.
21 S. 2924.4. The right is reserved to the City of
audit and recomputation of any and
22 -all amounts paid under this chapter, and no acceptance of
any payment shall 'be construed as a release or as an accord
23 and satisfaction of any claim the City may have for further
or additional sums payable under this chapter or for the
24 performance of any obligation thereunder.
25 S. 2924.2. ' In the' event of any holding over
26 after expiration or other termination,
of said franchise,, without the consent of the City, the
27 grantee shall pay to the City damages of not less than
twenty per cent (20%) of its gross profits during said per-
28 iod.
29 S. 2925. 'Limitations of Franchise.
,301 5
1 _
S. 2925.1. No privilege or exemption shall be
2 granted or conferred by a franchise ,
granted pursuant to this chapter except those specifically
3 prescribed herein.
4 S. 2925.2. Any privilege claimed- under such fran-
chise by the grantee in any street,
5 alley, public way or public place shall be subordinate to
6 any prior lawful occupancy of same.
S. 2925.3. All transmission and distribution
7 structures, lines and equipment of the
grantee within the City shall be so located as to cause
8 minimum interference with the proper use of streets, alleys
and other public ways and places, and to cause minimum
9 interference with the rights or reasonable convenience of
property owners who adjoin any of the said streets, alleys
10, or other public ways and places.
11 S. 2925.4. In ease of any disturbance of pave-
12 ment, sidewalk, driveway or other
surfacing, the grantee shall, at its own cost and expense
13 and in a manner approved by the Public Works Department of
the City, replace and restore all paving, sidewalk, drive-
14 way or surface of any street or alley disturbed, in as
good condition as before said work was commenced and shall
15 maintain the restoration in an approved condition for the
duration of the franchise.
16 S. 2925.5. The grantee shall, at its expense,
17 protect, support, temporarily dis-
connect, relocate or remove from any public street, alley -
18 or other public way, and property of the grantee when re-
quired by the Director of Public Works of the City by
19 reason of traffic conditions, public safety, street vaca-
tion, freeway and street construction, change or establish-
20 ment of street grade, installation of sewers, drains, water
pipes,- power lines, signal lines and tracks or any other
21 type of structures or improvements by governmental agencies
when acting in a governmental or proprietary capacity, or
22 any other structures or public improvements; provided, how-
ever, the grantee shall in all cases have the privileges
23 and be subject to the obligations to abandon any property
of the grantee in place, as provided in Section 2952 hereof.
24 S. 2925.6• Whenever it is necessary to shut off
25 or interrupt service for the purpose
of making repairs, adjustments, alterations or installations,
26 the grantee shall do so at such time as will cause the least
amount of inconvenience to its customers, and unless such
27 interruption is unforeseen and immediately necessary, it
shall give reasonable notice thereof to its customers.
28
S. 2925.7. Any such franchise shall be a privi-
29 lege to be held in personal trust by
30 - 6 -
2 the original grantee. It cannot in any event be sold,
transferred., leased., assigned or disposed of., in whole or
3 in part, either by forced or involuntary sale, merger,
consolidation or otherwise, without prior consent of the
4 Council expressed by resolution, and then only under such
conditions as may be therein prescribed The grantee
5 shall file with the Council within thirty (30) days after
any sale,, 'transfer, assignment, or lease of the franchise
6 or any part thereof, or any of the rights or privileges
granted thereby, written evidence of the transaction
7 certified to by the grantee or its duly authorized
officers . The proposed assignee must show financial
8 responsibility and must agree to comply with all provis-
ions of this chapter. No such consent shall be required for
9 a transfer in trust., mortgage or other hypothecation as a
whole, to secure an indebtedness.
10 S. 2225.8. Time shall be of the essence of any
i'l such franchise granted. The grantee ,
shall not be relieved of his obligation to comply promptly
i2 with any of the provisions of-this chapter by failure of
the -City to enforce prompt compliance .
13
S. 292.5.9. Any right or power in,, or duty im-
14 pressed upon any officer, employee.,
department or board of the City shall be subject to
15 transfer by the City to any other officer, employee, de-
partment or board of the City.
16 S. 2925.10. -The grantee shall have no recourse
17 whatsoever against the City for any
loss, cost, expense or' damage arising out of any provisions
18 or requirements of this chapter or its enforcement.
19 S. 2925-11. 'The grantee is subject to all re-
quirements of the ordinances., rules_,
20, regulations and specifications ' of the City heretofore or
hereafter enacted or established, including, but not limited
21 to, those concerning street work, street excavation, use,
removal and relocation of property within a street, and
22 other street work.
23 S. 2925.12. Any such franchise granted shall not
relieve the grantee of any obligation
24 involved in obtaining pole space from any department of the
City., utility company, or from others maintainling' poles in
25 streets.
26 S. 2925.12. Any franchise granted hereunder
shall be in lieu of any and all other
27 rights, privileges, powers., immunities, and authorities -
owned., possessed, controlled, or exercisable- by grantee, or
28 by any successor to any interest of grantee, of or pertaining
29 7
30
1 '
to the construction, operation, , orl{Imaintenance of any CATV
2 system in the City; and the acceptance of any franchise
hereunder shall operate, as between grantee and the City,
3 as an abandonment of any and all of such rights, privileges,
powers, immunities and authorities within the City, to the
4 effect that, as between grantee and the City, any and all
construction, operation and maintenance by any grantee of
5 any CATV system in the City shall be, and shall be deemed '
and construed in all instances and respects to be under and
6 pursuant to said franchise, and no under or pursuant to
any other right, privilege, power, limmunity or authority
7 whatsoever, in lieu of all of which is and shall be granted
8 any franchise hereunder.
9 Section 6. That Article I293 is hereby added to
10 Chapter 29 of the Huntington Beach Ordinance Code to read
11
in words and figures as follows: 1
12 ARTICLE 293
I
13 RIGHTS RESERVED TO CITY
14- Section 7. That the folliowing sections are here-
15 by added to Article 293 of the Huntington Beach Ordinance
16 Code to read in words and figures as follows-
S. 2931. No franchise granted under this chap-
ter in any wayiimpairs or affects the
right of the City to acquire the property of the grantee
18 by purchase or condemnation.
19 S. 2932. No franchise granted under this chapter
20 shall ever be given any value before
,any court or other public authorityiin any proceeding of any
21 character in excess of the cost to the grantee of the' neces-
sary publication and any other sum paid by it to the City
22 therefor at the time of acquisition)
23 S. 2933.. There' is hereby reserved to the City
every right andtpower which is required
24 to be herein reserved or provided by any ordinance or re-
solution of the City, and the grantee, by its acceptance of
25 any franchise, agrees to be bound thereby and to comply with
any action or requirements of the City in its exercise of
26 such rights or power, heretofore orlhereafter enacted or
established.
27
S. 2934. Neither the granting of a franchise
28 hereunder nor any of the provisions con-
29 - 8 -
30
/ .
. /
. �
. .
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
^ 3 designated area of the franchise.
'
4 S. 2935. The City Council may do all things'
which are necessary and convenient in
- '
' -
' . 5 the exercise of its jurisdiction under this chapter and
may determine any question of fact which may arise during
6 the existence of any franchise issued under the provisions
of this chapter.
.'
7 ^
8
and empowered to adjust, settle., or compromise any contro-
Huntington Beach is hereby authorized
` .
' . .' g versy, or charge arlsin,g 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_,
^ ' O
'
. Tl dissatisfied with the decision of the City Administrator
. ` may appeal the matter to the Council for hearing and `
12 '
. the -
'
- ' }3 may adjust., settle or compromise any controversy or cancel -
. }Z�' -
from any provision of this chapter.
^
15 '
16
Chapter 29 of the Huntington Beach Ordinance Code to read -
17 in words and figures as follows:
'
18 �
' ARTICLE 294 -
}9 -
' PERMITS., INSTALIATION AND SERVICE .
7O
^
_
section 9. That the following sections are here-
2i - by added to Article 294 of the Huntington Beach Ordinance
22 Code to read in words and figures as follows:
- � 23 S. 1. Within thirty (30) days after-shall pro-
acceptance
,
74 of any franchise the grantee
ceed with due
' diligence to obtain, all necessary permits
.
and authorizations which are required in the conduct of its
25 .business., including but not limited to any utility joint .
- . .
use attachment
microwave carrier
76 any other permits, licenses, and authorizations to be
._
77 granted by duly constituted regulatory agencies having
jurisdiction over the operation of CATV systems., or their
28 microwave transmission facilities.
-
' 29 .
'
301
'
^ '
'
' '
1 S. 2942. Within ninety (90) days after obtaining
2 all necessary permits, licenses and
authorizations, grantee shall conmence construction and
3 installation of the CATV system.
4 S. 2943.= Within ninety (90) days after the
commencement of construction and
5 installation of the system, grantee shall proceed to render
service to the subscribers, and the completion of the
6 construction and installation shall be completed within
one year from the date that service was first provided.
7 S. 2944. Failure to do any of the foregoizig
8 shall be grounds for termination of the
franchise.
9 S. 2945. The Council may extend the time for
10 beginning construction and installation
for additional periods in the event the grantee, acting 1r
11 good faith, experiences delays by reason of circumstances
beyond his control.
12 Section 10. That Article 295 is hereby added to
13
Chapter 29 of the Huntington Beach Ordinance Code to read
14
in words and figures as follows
15
ARTICLE 295
16
RULES AND REGULATIONS
17
Section 11. That the following sections are
18
hereby added to Article 295 of the Huntincrton Beach Ordi-
19
nance Code to read in words and figures as follows:
20
S. 2951. Location of Grantee ' s Properties.
21
S. 2951.1. Any poles, wires, cable ,lines, con-
22 duits, or other properties of the
grazitee to be constructed or installed in streets, alleys
23 or other public places shall be so constructed or
installed only at such locations and in such manner as
24 shall be approved by the Director of Public Works of the
City acting in the exercise of his reasonable discrethn.
25
S. 29951.2. The grantee shall not insta;il or
26 erect any facilities or apparatus on
public property or ri,;hts-of-viay within the City, except
27 those installed or erected upon public utality facilities
now existing, without written approval, of the Director of
28 Public Works of the City.
29
10
30
2 S. 2951- 3. In those areas and portions of the
City where both the transmission
3 and distribution facilities of the public utility provid-
ing telephone service and those of the utility providing
4 electric service are underground or hereafter may be
placed underground,, then the grantee shall likewise con-
5 struct, operate and maintain all of its transmission and
distribution facilities underground. Amplifiers in
6 grantee' s transmission and distribution lines may be in
g
appropriate housings upon the surface of the ground as ap-
7 proved by the Director of Public Works of the City.
8 S. 2952. Removal or Abandonment of Property of
Granfee.
9
S. 2952.1. In the event that the use of any part
10 of the CATV system is discontinued
for any reason for a continuous period of three (3) months,
11 or in the event such system or property has been installed
in any street., alley or public place without complying with
12 the requirements of its franchise or ordinance, or the fran-
chise has been terminated, cancelled or has expired the
13 grantee shall promptly., upon being given thrity (301 days'
notice., remove from the streets, alleys or public places
14 all such property and poles of such system other than any
which the Director of Public Works may permit to be
15 abandoned in such place. In the event of any such re-
moval, the grantee shall promptly restore the street., alley
16 or other area from which such property has been removed., to
a condition satisfactory to the Director of Public Works.
17
S. 2952.2. Any property of the grantee remaining
18 in place ninety (90) days after the
termination of the franchise shall be considered permanently
19 abandoned. The City Administrator may extend such time not
20 to exceed an additional thirty (30) days.
S. 2952.3. Any property of the grantee to be
21 abandoned in place shall be abandoned
in such manner as the Director of Public Works shall pre-
22 scribe. Upon permanent abandonment of tj'-.e property of the
grantee in place., the property shall become that of the City,
23 and the grantee shall submit to the City Council an instru-
24 merit., to be approved by the City Attorney., transferring to
the City the ownership of such property.
25 S. 2953. Failure to Perform Street Work. Upon
26 Tailure of the ;ranEee to corcommence, pur-
pur-sue, o, complete any work required by law or by the provis-
27 Ions of this chapter or by its franchise to oe done in any
street, alley or other public places within the time Dees-
28 cribed, and to the satisfaction of the Director of Public
Works,, the City Administrator may at his option cause such
29
301
1
2 work to be done and the grantee shall pay to the City the
cost thereof in the itemized amounts reported by the City
3 Administrator to the grantee within ten (10) days after
receipt of such item.i ed report.
4 S. 2954. Faithful Performance Bond.
5 S. 2954.1. The grantee shall, concurrently with
6 the filing of an acceptance of award
of the franchise Granted under this chapter, file with the
7 City Clerk and at all times thereafter maintain in full
force and effect for the term of such franchise or renewal
8 thereof, at grantee ' s sole expense, a corporate surety
bond in a company approved by, and in a form to be approved
9 by, the City Attorney in the amount of one hundred thous-
and dollars ($100,000� renewable annually, and conditioned
la upon the faithful performance of grantee, and upon the
further condition that in the event grantee shall fail to
11 comply with any one or more of the provisions of this
chapter or of the franchise issued to the grantee here-
12 under, there shall be recoverable jointly and severally from
the principal and surety of such bond any damages or loss
13 suffered by the City as a result thereof., in;luding the full
amount of any compensation, indemnification, or cost of
14 removal or abandonment of any property of the grantee as
prescribed hereby which may be in default, plus a reasonable
15 allowance for attorney' s fees and costs, up to the full
amount of the bond, said condition to be a continuing obli-
16 gation for the duration of such franchise or any renewal
thereof, and thereafter until the grantee has li4uidated
17 all of its obligations with the City that may have arisen
from the acceptance of said franchise by the grantee or
18 from its exercise of any privilege therein ;ranted. The
bond shall provide that thirty (30) days prior written
19 notice of intention not to renew, cancellation, or mater-
ial change, be given to the City.
20
S. 2254.2. Neither the provisions of this ,sec-
21 tion, nor any bond accepted by the
City pursuant thereto, nor any damages are recovered by
22 the City thereunder, shall be construed to excuse faithful
performance by the grantee or limit the liability of the
23 grantee under any franchise issued hereunder or for damages,
either to the full amount of the pond or otherwise.
24
25 S. 2955. Indemnification of the City_
S. 2255.1. The grantee shall, at all times dur-
26 ing the existence of any franchise
issued hereunder, maintain in full force and effect.,
27 furnish to the City., and file with the City Clerk., at its
own cost and expense, a general comprehensive liabilJty
28 insurance policy, in protection of the City., its officers,
29
- 12 -
30
1
2 boards, commissions, agents and employees, in a company
approved by the City Administrator and in a form satisfactory
3 to the City Administrator, protecting the City and all per-
sons against liability for loss or damage for personal
4 injury, death and property damage, occasioned by the opera-
tions of grantee under such franchise, with minimum
5 liability limits of one million dollars ($1,000.'000) for
personal injury or death of any one person and two million
6 dollars ($2,000,000) for personal injury or death of two or
more persons in any one occurrence, and one million dollars
7 ($1,000,000) for damage to property resulting from any one
occurrence.
8
S. 2.955.2. The policies mentioned in the fore-
9 going paragraph shall name the City,
its officers., boards, commissions, agents and employees, as
10 additional insured and shall contain a provision that a
provision that a written notice of any cancellation, modifi-
11 cation or reduction in coverage of said policy shall be
delivered to the City Clerk thirty (30) days in advance of
12 the effective date thereof; if such insurance is provided
in either case by a policy which also covers ,grantee or any
13 other entity or person other than tho„e above named, then
such policy shall contain the standard cross-liability
14 endorsement.
15 S. 2955.3. No franchise granted under this
chapter shall be effective unless and
16 until each of the foregoing policies of insurance as requir-
ed in this section has been delivered to the City Clerk.
17
18 S. 2956. inspection of Property and Records.
19 S. 2956.1. At all reasonable times, the grantee
shall permit any duly authorized
representative of the City to examine all property of the
20 grantee, together with any appurtenant property of the
grantee situated within or without the City, and to examine
21 and transcribe any and all naps and other records Dept or
22 maintained by the grantee or under its control which deal
with the operations, affairs, transactions or property of
23 the grantee with respect thereto. if any of such maps or
records are not kept in the City,, or upon reasonable re--
24 quest made available in the City, and if the City
Administrator shall determined that an examination thereof
25 is necessary or appropriate, then all travel and mainten-
ance expense necessarily incurred in making such examina-
26 tion shall be paid by the grantee.
27 S . 2956.2. The grantee shall prepare and fur-
nish to the City Administrator and/or
28 the Director of Finance at the times and in the form pre-
scribed by either of said officers,, such reports with
29 - 13 _
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I respect to its operations, affairs, transactions or property,
as may be reasonably necessary or appropriate to the per-
-2 formance of any of the rights, functions or duties of the
3 City or any of its officers in connection with the franchise.
4 S. 2956.3. The grantee shall, at all times, make
and keep in the City full and complete plans and records
5 showing the exact location of all CATV system equipment
installed or in use in streets, alleys and public places in
6 the City. The grantee shall file with the Director of Pub-
lic Works, on or before the last day in March of each year,
7 a current set of maps drawn to scale showing all CATV system
equipment installed and in place in streets, alleys and
8 other public places of the City during the previous year. .
9 S. 2957. Operational Standards. The CATV system
shall be installed and maintained- in
10 accordance with the highest and best accepted standards of
the industry to the effect that subscribers shall receive
11 the highest possible service. Iri determining the satis-
factory extent of such standards, the following shall' be
12 considered:
13 S. 2957•1. The system shall be- installed using
all band equipment capable of passing
14 the entire VHF and FM spectrum, and it shall have the
further capability of converting UHF for distribution to
15 subscribers on the_ VHF band.
16 S. 2957.2. The system, as installed, shall be
capable of passing standard color TV
17 signals without the introduction of material degradation
on color fidelity and intelligence.
18 _ S. 2957.3. The system and all equipment shall
19 be designed and rated for 24-hour per
day continuous operation.
20 -
S. 2957.4. The system shall provide a signal
21 level of 2000 microvolts at the input
terminals of each TV receiver.
22
S. 2957.5. The system signal-to-noise rate shall
23 be -not less- than 46 decibels.
24 S. 2957.6. Hum modulation of the picture signal
shall be less than 5%.
25
S. 2957.7. The system shall use components having
26 a VSWR of 1.4 or less.
-27 Section 12. That Article 296 is hereby added to
28 Chapter 29 of the Huntirg ton Beach Ordinance Code to read
29 in words and figures as follows:
30 1 ! -
i
1 `
ARTICLE 296
2
MISCELLANEOUS PROVISIONS
3
Section 13. That the following sections are
4
hereby added to Article 296 of the Huntington Beach Ordi-
5
nance Code to read in words and figures as follows:
6
S. 2961. All matters herein provided to be filed
7 with the City shall be filed with the
City Clerk.
8
S. 2962. The rate schedule for any connection
9 fee or monthly service charge, or
change thereto, to subscribers must have written approval
10 of the City Council.
11 S. 2963. The grantee must pay to the City a sum
of money sufficient to reimburse it for
12 expenses incurred by it in publishing legal notice and
13 ordinances and for attorney' s fees in connection with the
granting of a franchise pursuant to the provisions of this
14 chapter; such payment to be made within thtkty (30) days
after the City shall furnish such grantee with a written
15 statement of such expense.
16 S. 2964. The grantee shall maintain an office
within the City limits so that CATV
17 maintenance service shall be promptly available to
subscribers.
18 S. 2965. No person, firm or corporation in the
19 existing service area of grantee shall
be arbitrarily refused service; provided, however, that'
20 grantee shall not be required to provide service to any ,
subscriber who does not pay the applicable connection fee
21 or the applicable monthly service charge.
22 Section 14. That-Article 297 is hereby added to
23 Chapter 29 of the Huntington Beach Ordinance Code to read
24 in words and figures as follows:
25 ARTICLE 297
26 APPLICATION FOR FRANCHISE
27 Section 15. That the following sections are
28 hereby added to Article 297 of the Huntington Beach Ordi-
29 nance Code to read in words and figures as follows:
30 - 15
1
2 S. 2971. Application for a franchise hereunder
3 shall be filed with the City Clerk in
a form approved by the City and shall contain the following
4 information:
5 (A) The name and address of applicant.
6 (B) _ A general description of applicant' s pro- '
posed CATV operation, including a tentative
7 map of areas to be served.
8 (C) A statement or schedule in a form approved
by the City of proposed rates and charges
9 to subscribers for installation and services, and a copy
of proposed service agreement between the grantee and its
10 subscribers shall accompany the application.
11 (D) A copy of any contract or permit, if exist-
ing, between the applicant and any public
12 utility providing for the use of facilities of such public
utility, such as poles, lines, or conduits.
13 (E) A statement of the corporate organization of
14 applicant, including the names and addresses
of its officers, directors and associates, and also includ-
15 ing the names of subsidiary companies with a listing of
other areas being served by CATV or similar systems. If a
16 Franchise is granted to a person, firm, group or corpora-
tion posing as a front or representative for another
17 person, firm, group, or corporation, and such information
is not disclosed in the original application, such franchise
18 may be revoked by the City Council.
19 (F) Applicant shall also furnish a financial
statement as to the company' s or corporation' s
20 financial ability to complete installation and operation of
the CATV system.
21
(G) Upon consideration of any such application,
22 the Council may refuse to grant the requested
franchise or the Council may by ordinance grant a franchise
23 for a CATV system to any such applicant as may appear from
said application to be in its opinion best qualified to _
24 render proper and efficient CATV service to television
viewers and subscribers in the City. The Council' s decis-
25 ion in the matter shall be final. If favorably considered,
the application submitted shall constitute and form part of
26 the franchise as granted.
27 (H) Prior to the granting of a franchise pursuant
to this chapter, the Council shall pass a
28 resolution declaring its intention to grant the same, stating
29 - 16 -
30
1
2 the name of the proposed grantee, the character of the fran-
chise and the terms and conditions upon which it is proposed
3 to be granted. Such resolution shall fix and set forth the
day, hour and place when and where any persons having any
4 interest therein or any objection to ,the granting thereof
may appear before the Council and be heard thereon. It
5 shall direct the City Clerk to publish said resolution at
least once within fifteen (15) days of the passage thereof
6 in the official newspaper. Said notice shall be published
at least ten (10) days prior to the date of hearing. At
7 the time set for the hearing the Council shall proceed to
hear and pass upon all protests and its decision thereon
8 shall be final and conclusive. Thereafter it may by
ordinance grant the franchise on the terms and conditions
9 specified in the resolution of intention to ;rant same,
subject to the right of referendum of the people, or it may
10 deny the same. If the Council shall determine that changes
11 should be made in the terms and conditions upon which the
franchise is proposed to be granted, a new resolution of
12 intention shall be adopted and like proceedings had thereon.
13 (I) Any franchise issued pursuant to this chapter
shall include the following conditions:
14 "The CATV system herein franchised
15 shall be used and operated solely
and exclusively for the purpose
16 expressly authorized by ordinance
of the City of Huntington Beach
17 and no other purpose whatsoever. "
18 The inclusion of the foregoing statement in
any such franchise shall not be deemed to limit the author-
19 ity of the City to include any other reasonable condition,
limitation or restriction which it may deem necessary to
20 impose in connection with such franchise pursuant to the
authority conferred by this chapter.
21 S. 2272. Franchise Renewal. Any franchise granted
22 under this chapter is renewable at the
application of the grantee, its lawful suddessors or assignee
23 for such period of time as the Council and the applicant may
agree upon by negotiation.
24
Section 16. That the following Article 298 is
25
hereby added to Chapter 29 of the Huntington Beach Ordinance
26
Code to read in words and figures as follows:
27 ARTICLE 298
28
ENFORCEMENT
29
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30
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. .
' `
7 .
-
3nan%ce CoJe to read in words an,l figures an follows:
.
^ .
4
S. 201 .1. it shall be unlavful for any Verson# ,
' 5 `
' 6
purpose of taking or ,reeelvir.Z or enabling himself' or
. 7
'
' 8
S. 2251.2. It Shall Oe =lawful for any Pe rsortlo_
zo Wilfully tamper wit"11, remove., oi- injure any 6ables,
. ^
` lo wires or equipment used for distri1bution of television
- 223,1.3. From and after the effiective date
' 12 for any' person.. firm,, or t.,orporation to construct,, miataino
p,.7rtion of trAe City
}3 or opexate a CATV system in. all or any
pt
14
'
_ T5 t1on; s-m-fe'n-ce, clause or phrase of
this ordinance Is for �zny reaaoa held ille%alp invalid or
. 16 unconstitutional by the decision oi' any court of compotbrit
jurl sd""ation, such decision shall not affect the validity
17
clares that it would ',-Aye passed this ordlmnae and bach
' . 18
19 suQzect'lona, sentences,, clausen or phrases be deelared
Illegal, invalIJ or-unconstitutional, The Lnvalidity of
20 any portion of Uiis ordimiace shall not abate,, reduce or
2} '
- .
22 Section 18. The CIty Clerk shall certify to the
`
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. 2 3. passa;e ant' adoption of this O1d1rAnP,.O an(I shall cauie Vie
'
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' 77
28
29
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2 PASSED AND ADOPTED by the City Council of the
3 City of Huntington Beach, California, this day of
4 1966.
5
6 ayor
7
8 ATTEST
9
10 City Clerk
11
APPROVED AS TO FORM;
12
13
14 City Attorney
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