HomeMy WebLinkAboutCC ORD 1984-1816 AMENDING TITLE VI ADDING A NEW CHAPTER 6.10 - CABLE TELEVISIONORDINANCE NO. 1816
AN ORDINANCE AMENDING TITLE VI OF THE
NATIONAL CITY MUNICIPAL CODE BY ADDING
A NEW CHAPTER 6.10 - CABLE TELEVISION
BE IT ORDAINED by the City Council of the City of National
City, California that there is hereby added to the Municipal Code of National
City, a new chapter 6.10, which is to read as follows:
Sections:
Chapter 6.10
CABLE TELEVISION
6.10.010 Definitions.
6.10.020 Non -Exclusive Franchise to Operate.
6.10.030 Uses Permitted.
6.10.040 Regulation of Service and Rates.
6.10.050 Duration of Franchise.
6.10.060 Franchise Fees.
6.10.070 Limitations of Franchise.
6. 10.080 Rights Reserved to the City.
6.10.085 Resolution of Disputes.
6.10.086 Penalties for Violation.
6.10.090 Permits, Installation and Service.
6.10.100 Location of Grantee's Properties.
6.10.110 Removal or Abandonment of Property of
Grantee.
6. 1 0. 1 20 Failure to Perform Street Work.
6.10.130 .Faithful Performance Bond.
6.10.140 Protection of City Against Liability.
6.10.150 Inspection of Property and Records.
6.10.160 Minimum Operational Standards and
Related Testing Procedures.
6.1 0.1 70 Technological Developments.
6.10.180 System Compatibility and Connectability.
6.10.190 Miscellaneous Provisions.
6.10.191 Exceptions to Extension of Service Requirements.
6.10.192 System Extensions to Excepted Areas.
6.10.200 Adoption of Rules and Regulations by
the City Council.
6.10.210 Application for Franchise.
6.10.220 Effect of Annexations.
6.10.230 Effect of Preemption.
6.10.240 Locking Devices to Permit Exercise of
Parental Discretion and Adequacy of Signal
Scrambling Procedures.
6.10.250 Violations.
6.10.260 Revocation of Franchise.
6.10.270 Application of Chapter.
6.10.010 Definitions. For the purpose of this Chapter, the
following terms, phrases, words and their derivatives 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 number include the
singular number and words in the singular number include the plural number.
The word "shall" is always mandatory and not merely directory.
A. CITY. The term "City" shall mean the City of National
City in its present incorporated form or in any later recognized,
consolidated, enlarged or reincorporated form.
B. COUNCIL. The term "Council" shall mean the present
governing body of the City, or any future board constituting the legislative
body of the City.
C. PERSON. The term "Person" shall mean any individual,
firm, partnership, association, corporation, company or organization of any
kind.
D. GRANTEE. The term "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.
E. CABLE TELEVISION SYSTEM. The term "Cable Television
System" or "CATV System" shall mean a system franchised pursuant to this
Chapter which employs microwave, wires, waveguides, coaxial cables or other
conductors, equipment or facilities designed, constructed or used for any or
all of the following purposes:
I. collecting or amplifying local and distant
broadcast television, satellite, microwave or radio signals and distributing
and transmitting them;
2. transmitting original cablecast programming not
received through television broadcast signals;
3. transmitting television pictures, film and video
tape programs not received through broadcast television signals, whether or
not encoded or processed to permit reception by only selected receivers;
4. transmitting or receiving two-way signals or
transmissions as ancillary services;
S. providing ancillary services such as burglar and
fire alarm service, facsimile service or home shopping or banking services;
6. providing data transfer capability in any shape or
form, including that of a security system
7. transmitting or receiving all other signals
whether digital, voice or audiovisual.
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F. SUBSCRIBERS or USERS. The terms "subscribers" or
"Users" shall mean any person(s) or entity(ies) lawfully receiving for any
purpose, any service of the Grantee's cable television system including, but
not limited to, the conventional cable television system service of
retransmission of television broadcast, satellite, microwave or radio signals,
Grantee's original cablecasting, local government, education and public access
channel cablecasting and other services such as leasing of channels, data and
facsimile transmissions and police, fire and similar public service
communications.
G. GROSS ANNUAL RECEIPTS. The term "Gross Annual
Receipts" shall mean any and all compensation and other consideration, in any
form whatsoever, and any contributing grant or subsidy received directly or
indirectly by Grantee from:
I. subscribers or users in payment for any and all
CATV system signals, reception and services whether said signals, reception or
services are included within the terms "Basic Subscriber Services" or "Non
Basic Services" as said terms are defined herein, as well as any installation
or line extension charges therefor;
2. any fees or income received by the Grantee for the
lease or rental, and compensation for any service in connection therewith, of
any channel permitted or designated by the Federal Communications Commission
to be so leased or rented;
3. any other compensation for utilization of or
connection to the property of Grantee used within the City, including the
sale, rental or provision to the subscriber of any equipment, parts or add-ons
to be used in connection with the CATV system;
4. notwithstanding the above, Gross Annual Receipts
shall not include any bad debt or taxes on services furnished by the Grantee
and imposed directly on any subscribers or users by any City, State or other
governmental unit and collected by the Grantee for such governmental unit.
H. BASIC SUBSCRIBER SERVICES. The term "Basic Subscriber
Services" shall mean and include the delivery by the Grantee for one monthly
fee to all subscribers within the confines of its franchise area of:
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I. all signals of over -the -air -television broadcast
required to be carried by FCC rules and or all those over -the -air -signals
which are received and transmitted in the community without the aid of a cable
television system or similar apparatus with the exception of lowpower (Grade
B) signals which are not required to be carried by FCC license;
2. all satellite signals received and transmitted in
the community by the Grantee; with the exception pay or premium or tiered
services for which an individual per -channel, per -program or per program
package charge to subscribers is made;
3. all public, local education, local government,
local origination, public access and institutional channels and signals;
4. other channels, signals (including microwave)
programs and services, provided by the Grantee as part of the Basic Subscriber
Service package.
I. NON BASIC SERVICES. The term "Non Basic Services"
shall mean and include channels, signals, programs and services not provided
as part of the "Basic Subscriber Services" package, as defined herein above.
Non Basic Services shall include:
I. pay premium or tiered services for which an
individual per -channel per -program or per program package charge to
subscribers is made;
2. ancillary services such as burglar and fire alarm
service, facsimile service or home shopping or banking service for which an
individual per -subscriber charge is made.
3. equipment and appurtenances representing
technological developments and enhancements in the field which the Grantee
may, from time to time, make available to subscribers, provided that
subscribers have the option of not acquiring said additional equipment or
appurtenances and further, provided that the exercise of the option not to
purchase shall, in no way, affect a subscriber's existing service or preclude
him from receiving "Basic Subscriber Services" as defined herein.
4. other services not provided under Basic Subscriber
Services as defined herein.
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J. FRANCHISE AREA. The term "Franchise Area" shall mean
the territory within the City throughout which Grantee shall be authorized in
its franchise ordinance, to construct, maintain and operate its CATV system
and includes any enlargements thereof and additions thereto.
K. FEDERAL COMMUNICATIONS COMMISSION OR 'FCC.' The term
Federal Communications Commission shall mean the existing federal agency of
that name as constituted by the Communications Act of 1934 or any successor
agency created by the United States Congress.
6.10.020 Non -Exclusive Franchise to Operate. A franchise
to construct, operate and maintain a cable television system within all or any
portion of the incorporated area of the City of National City may be granted
by the Council to any person, firm or corporation, offering to furnish and
provide such system pursuant to the terms and provisions of this chapter. Any
such franchises shall be non-exclusive and the City reserves the right to
grant a similar franchise to any other person or firm 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 not in the public interest
to do so.
Neither the granting of a competitive franchise or
facilities to a franchisee or action by the City, which duplicates or
parallels facilities and/or grants there under, shall be deemed to be an act
of condemnation or inverse condemnation by the City.
This franchise being non-exclusive, the City remains free
to grant any and all duplicate or competitive rights, or exercise the same
itself, that City in its wisdom decides are in the public interest.
6.10.030 Uses Permitted. Any franchise granted pursuant to
the provisions of this chapter shall authorize and permit the Grantee subject
to prior receipt of all applicable City permits and approvals to engage in the
business of operating and providing a CATV system in the City of National City
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 highways, street, alley, public way or public place, such poles,
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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 National City.
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 customers; provided, however, that such rules,
regulations, terms and conditions shall not be in conflict with the provisions
hereof or of the Grantee's franchise ordinance, the laws of the City of
National City or the laws of the State of California, or of the United States
of America.
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 or interfering with microwave transmissions of Grantee, all trimming to
be done under the supervision and direction of the City and at the expense of
Grantee.
6.10.040 Regulation of Service and Rates.
A. The City Council, subject to applicable Federal and
State laws, shall at all times and from time -to -time during the term of any
franchise granted hereunder, have the power to adopt and enforce and Grantee
shall conform to reasonable rules, regulations and standards of performance
pertaining to the system of Grantee.
B. The City Council shall have the authority to establish
or approve all subscriber, installation and other incidental rates and charges
for Basic Subscriber Services as defined herein pursuant to the following
procedures:
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I. when the Grantee proposes to fix or increase its
rates for Basic Subscriber services, it shall notify the City Manager in
writing, a minimum of ninety (90) days before the proposed fixing or increase
is scheduled to take effect;
2. the Grantee's proposal for rates or a rate
adjustment shall include, but not necessarily be limited to, the following
information:
a. balance sheet;
b. income statement;
c. statement of sources and application of
funds;
d. statement of current and projected subscribers
and subscriber penetration ratio;
e. statement of any proposed system service
enhancements which a rate adjustment would directly facilitate;
f. survey of rates for similar services
throughout the Grantee's other franchise areas in San Diego County.
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any other related items of information which
the City Manager may require or the Grantee may wish to include in support of
its request;
3. Upon receipt of the Grantee's written request, the
City Manager shall evaluate the proposal and determine whether to recommend to
the City Council that it exercise its rate regulation authority. The City
Manager may appoint a hearing officer to act in his place hereunder. The City
Manager's or Hearing Officer's report and recommendations along with any
supporting staff or consultants' recommendations shall be submitted to the
City Council within sixty (60) days of receipt of the Grantee's original
request. If the City Manager determines not to recommend to the City Council
that it exercise its authority hereunder, the City Manager shall within sixty
(60) days of receipt of the Grantees original request file with the City
Council notification of intent to approve the increase and thereafter, unless
the Council directs otherwise shall notify the Grantee in writing of approval
of the increase.
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4. The City Council, upon receipt of the City
Manager's findings and conclusions shall determine whether to exercise its
rate regulation authority.
5. Should the City Council decide to exercise its
rate regulation authority, it shall first pass its resolution of intention to
do so, describing and stating any rates or charges to be changed, the reasons
of the Council therefore, fixing a day, hour and place certain when and where
cry persons having any interest therein may appear before the Council and be
heard and directing the City Clerk to publish said resolution at least once,
within fifteen (15) days of the passage thereof. The City Clerk shall cause
such resolution to be published in a newspaper of general circulation within
the City, and the same shall be published and a copy thereof shall be mailed
to any Grantee hereunder at least ten (10) days prior to the date specified
for hearing thereon. At the time set for such hearing, or at any adjournment
thereof, the Council shall proceed to hear and pass on all presentations made
before it, and the decision of the Council thereon shall be final and
conclusive. If the Council shall find that the changing of any rates or
charges of Grantee to Subscribers will not be detrimental or injurious to the
best interests and welfare of the Subscribers and of the City then the Council
shall, by resolution, authorize the change of any rates or charges of Grantee
to subscribers as shall be deemed reasonable by the Council in the premises;
and such resolution shall thereupon become and shall be a part of any
franchise granted hereunder and affected thereby.
C. In considering the Grantee's request for an adjustment
in rates, the City shall take the following factors into consideration:
I. any staff or consultants' reports and
recommendations;
2. the ability of the Grantee to render system
services and to derive a reasonable profit therefrom under the existing rate
schedule and the proposed rate schedule;
3. the efficiency and effectiveness of the Grantee's
operations;
Grantee;
4. the quantity and quality of services offered by
5. the effect of denial or reduction in the requested
amount of increase upon the Grantee's ability to provide necessary or
desirable system enhancements;
6. the capital cost of the system less depreciation;
7. the extent of which the Grantee has adhered to the
terms of its franchise agreement;
8. time elapsed since the last rate increase;
9. level of subscriber complaints;
10. comparison with rates charged in other
jurisdictions;
I I. statement of depreciated value of plant in service
(original cost after straight line depreciation);
12. other factors which the City may deem relevant or
necessary to the rendering of a decision.
D. If the City fails to render a formal decision either
accepting, rejecting, modifying or deferring Grantee's request for a rate
adjustment within ninety (90) days after the City Manager's receipt of the
Grantee's original request, the Grantee shall immediately thereafter subject
to the provisions of Setion 6.10.040E, be entitled to put its proposed new
rates, as specified in its original request into effect.
E. Grantee shall notify all subscribers within its
franchise area of any approved rate increase a minimum of thirty (30) days
prior to the date the approved new rates are scheduled to go into effect.
6.10.050 Duration of Franchise. Any franchise, granted by
by the City Council pursuant to this Chapter, shall be for a specified term as
set forth in the ordinance granting said franchise. Any such franchise may be
terminated prior to its date of expiration by the City Council as specified in
this Chapter.
6.10.060 Franchise Fees.
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A. ACCEPTANCE FEE. The Grantee of any franchise granted
pursuant to this chapter may be required to pay to the City upon acceptance of
such franchise a fee certain in an amount to be determined or approved by the
City Council. Any such amount shall be contained in the Grantee's franchise
ordinance.
B. ANNUAL FRANCHISE FEE. The Grantee of any franchise
under this chapter shall pay annually to the City during the life of such
franchise a fixed percentage of the gross annual receipts of the Grantee as
defined herein. Such percentage and the annual payment date shall be as set
forth in the ordinance granting the franchise.
It shall be the duty of the Grantee to pay to the City,
within ten (10)days after the time for filing its annual statement, any unpaid
balance for the calendar year covered by such statement.
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
one percent (I %) per month on the unpaid balance in addition thereto.
The right is reserved to the City of audit and
recomputation of any and all amounts paid as franchise fees 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. If the audit discovers an underpayment of required
fees in an amount totalling more than five percent (5%), the Grantee shall pay
the cost of the audit.
In the event of any holding over after expiration or other
termination of said franchise, without the consent of the City, the Grantee
shall continue to pay to the City franchise fees in the percentage amount
specified in the franchise ordinance based upon its gross monthly revenues
during said period. Said period to be determined by the City Council.
6.10.070 Limitations of Franchise.
A. No privilege or exemption shall be granted or conferred
by a franchise granted pursuant to this chapter except those specifically
prescribed herein.
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of the
Grantee is subject to all requirements
B. The )
applicable ordinances, rules, regulations, fees 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.
C. 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.
D. In case of any disturbance of pavement, sidewalk,
driveway or other surfacing, by the Grantee, the Grantee shall, at its own
cost and expense and in a manner approved by the Engineering Department of the
city, replace and restore all paving, sidewalk, driveway or surface of any
street or alley disturbed, in as good condition as before said work was
commenced.
E. The Grantee shall, at its expense, protect, support,
temporarily disconnect, relocate or remove from any public street, alley or
other public way, any property of the Grantee when required by the City
Engineer and/or by reason of traffic conditions, public safety, street
vacation, freeway and street construction, change or establishment of street
grade, installation of sewers, drains, water pipes, power lines, signals,
lines, and tracks or any other type of structures or improvements by
governmental agencies when acting in a governmental capacity, or any other
structures or public improvements; provided, however, 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 6.10.110 hereof.
F. 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, where reasonably possible,
give reasonable notice thereof to its customers.
G. Any such franchise shall be a privilege to be held in
trust by 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, stock sale or otherwise, without
prior consent of the Council expressed by resolution, and then only under such
conditions as may be reasonably prescribed. Such approval shall not be
unreasonably withheld. Additionally, 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 privilege 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 provisions 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. Any such transfer, lease
assignment or disposition which is implemented without prior approval of the
City Council shall result in forfeiture of the Grantee's franchise.
H. Time shall be of the essence in any such franchise
granted. The Grantee shall not be relieved of its obligation to comply
promptly with any of the provisions of this chapter by failure of the City to
enforce prompt compliance.
I. Any right or power in, or duty impressed upon any
officer, employer, department or board of the City shall be subject to
transfer by the City to any other officer, employee or department of the
City.
J. 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.
K. Any Grantee hereunder agrees, through its
acceptance of a franchise hereunder, to construct, operate and maintain
its CATV system in strict accordance with its franchise and this chapter
and furthermore agrees that any franchise granted hereunder shall
operate as a contractual obligation between the Grantee and the City by
which both parties agree to abide in good faith.
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L. The Grantee shall have no recourse whatsoever
against the City for any loss cost, expense or damage, arising out of any
provision at this Chapter or its enforcement.
6.10.080 Rights Reserved to the City.
A. No franchise granted under this chapter in any way
impairs or affects any legal rights of the City.
B. 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 other than fair market value.
C. There is hereby reserved to the City every right
and power which is required to be herein reserved or provided by any
ordinance or resolution of the City, or by the laws or constitutions of
the State or federal government and the Grantee, by its acceptance of any
franchise, agrees to be bound thereby and to comply with any lawful
action or requirements of the City in its exercise of such rights or
power, heretofore or hereafter enacted or established.
D. Neither the granting of a franchise hereunder nor
any of the provisions contained 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 outside the designated area
of any franchise.
E. The City Council may do all things which are
necessary and lawful in the exercise of its jurisdiction under this
chapter.
6.10.085 Resolution of Disputes. The City Manager of
the City of National City is hereby authorized and empowered to act to
adjust, settle or compromise any controversy arising from the operations
of any Grantee under this chapter or relating to the construction or
application of any of the terms of this Chapter, either on behalf of the
City, or any subscriber, in the best interest of the public. The City
Manager shall provide the Grantee and all interested parties with notice
and an opportunity to be heard prior to rendering a decision hereunder.
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No formal proceedings or rules of evidence are required by this section.
The City Manager may appoint a hearing officer to act in his place and to
exercise his authority hereunder. Either Grantee, or any member of the
public who may be dissatisfied with the decision of the City Manager may
appeal the matter to the City Council. The Council may accept, reject or
modify the decision of the City Manager, and the Council may adjust,
settle or compromise any controversy arising from the operations of any
Grantee or from the application of any provisions of this chapter. The
Grantee shall be notified in writing of the decision of the City Council
within ten (10) days of said decision.
6.10.086 Penalties for Violations. The City may, at
its sole option and in addition to any other remedies legally available,
subject to the provisions of Section 6.10.086 D, apply any or all of the
following penalties for a material breach of the provisions of this
Chapter or any franchise ordinance hereunder:
A. PENALTIES FOR DELAYS IN REQUIRED SYSTEM
CONSTRUCTION OR REBUILD ACTIVITY.
1. Reduction in the duration of the franchise on
a month -to -month basis for each month of delay exceeding six months;
2. Forfeiture of performance bonds;
3. Revocation of the franchise pursuant to the
provisions of Section 6.10.260.
B. PENALTIES FOR MATERIAL BREACHES OTHER THAN
CONSTRUCTION DELAYS.
I. Imposition of a financial penalty not to
exceed One Thousand Dollars ($1,000) per day for Grantee's individual
willful and/or repeated violation or failure to take corrective action
with respect to a violation;
2. Imposition of a requirement that the Grantee
make rebates or payment to Subscribers or classes of Subscribers in such
amount as the City may deem reasonable;
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3. Imposition of a requirement that the Grantee
correct or otherwise remedy the violation prior to any pending rate
increase becoming effective;
4. Revocation of the franchise pursuant to the
provisions of Section 6.10.260.
C. DETERMINATION OF APPROPRIATE PENALTY. In
determining which remedy or remedies are appropriate for Grantee's
violation, the City shall take into account the nature of the violation,
the person or persons bearing the impact of the violation, the nature of
the remedy required in order to prevent further such violations, the
actual cost of damage associated with the violation and other such
matters as the City may deem appropriate. The City, in determining any
penalty, shall make written findings of fact which address the
considerations listed in this Section.
D. HEARING AND APPEAL PROCEDURE. In making
determinations relative to violations hereunder, City shall afford
Grantee due process of law in accordance with the hearing and appeal
procedures established in Section 6.10.085.
6.10.090 Permits, Installation and Service.
A. Within thirty (30) days after acceptance of any
franchise hereunder the Grantee shall proceed 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, 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
associated transmission facilities.
B. Within ninety (90) days after obtaining all
necessary permits, licenses and authorizations, Grantee shall commence
construction and installation of the CATV system in accordance with an
installation schedule approved by the City Council.
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C. Within one hundred eighty (180) days after the
commencement of construction and installation of the system, Grantee
shall proceed to render service to subscribers, and the completion of the
construction and installation shall be pursued with reasonable diligence
to the end that service shall be made available to all potential
subscribers throughout the entire franchise area within such time and
upon such conditions as shall be determined by the City Council.
D. Failure to perform in accordance with the
foregoing shall be grounds for termination of the franchise.
E. The City Manager may extend the time for obtaining
necessary permits and authorizations and for beginning construction and
installation for additional periods in the event the Grantee, acting in
good faith, experiences delays by reason of circumstances beyond its
control. In such event the City Manager shall so advise the Council.
6.10.100 Location of Grantee's Properties.
A. Any poles, wires, cable lines, conduits, 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 City
Engineer acting in the exercise of his professional capacities and
exercising reasonable discretion. Prior to proceeding with any such
installations, Grantee shall first apply for and be granted a permit on
forms and in a manner prescribed by the City Engineer.
B. 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 City Engineer of the City.
C. In those areas and portions of the City where both
the transmission and distribution facilities of the public utility
providing telephone service and those of the utility providing electric
service are underground or here after may be placed underground, then the
Grantee shall likewise construct, operate, and maintain all of its
transmission and distribution facilities underground. Amplifiers in
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Grantee's transmission and distribution lines may be housed in
appropriate facilities upon the surface of the ground subject to approval
by the City Engineer of the City.
6.120.110 Removal or Abandonment of Property of
Grantee.
A. 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 franchise has been terminated,
cancelled or has expired, the Grantee shall promptly remove from the
streets, alleys or public places all such property and poles of such
system other than any which the City Engineer may permit or require to be
abandoned in place. In the event of any such removal, the Grantee shall
promptly restore the street, alley or other area from which such property
has been removed to a condition satisfactory to the City Engineer.
B. Any property of the Grantee remaining in place
ninety (90) days after the termination of the franchise shall be
considered permanently abandoned. The City Manager may extend such time
by an amount not to exceed an additional thirty (30) days.
C. Any property of the Grantee to be abandoned in
place shall be abandoned in such manner as the City Engineer shall
prescribe. 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 instrument, to be approved by the City
Attorney, transferring to the City the ownership of such property.
D. The City may remove abandoned property at
Grantee's expense.
6.10.120 Failure to Perform Street Work. Upon
failure of the Grantee to commence, diligently pursue, or complete any
work required by law or by the provisions of this chapter or by its
franchise to be done in any street alley or other public place within the
17
time prescribed, and to the satisfaction of the City Engineer, the City
Manager may at his option and through whatever means deemed necessary,
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, provided, however, that before said action shall be taken by the
City, the Grantee shall, if possible, be given thirty (30) days written
notice to correct said work. Said payment shall be made by Grantee
within thirty (30) days after receipt of the referenced itemized report.
6.10.130 Faithful Performance Bond. T h e G r ante e
shall, concurrently with the filing of an acceptance of award of any
franchise granted under this chapter, file with the City Clerk and at all
times during original system construction or required system re -build
activity maintain in full force and effect for the term of such franchise
or renewal thereof or until completion of removal obligations at
termination, at Grantee's sole expense, a corporate surety bond in an
amount and form to be approved in advance by the City Attorney, said bond
to be in the minimum amount of One Hundred Thousand 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 hereunder 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 obligation 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 including any removal obligations. The
18
bond shall provide that thirty (30) days' prior written notice of
intention not to renew, cancellation, or material change be given to the
City.
Neither the provisions of this section, nor any bond
accepted by the City pursuant thereto, nor any damage 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.
6.10.140 Protection of City Against Liability.
A. INDEMNIFICATION. The Grantee shall concurrently
with the filing of an acceptance of award of any franchise granted
hereunder agree to indemnify and hold harmless the City, its officers,
boards, commissions, committees, agents and employees against and from
any and all claims, demands, actions, suits, liabilities, and judgments
of any and every kind and nature and regardless of the merit of same,
except those claims which are determined by a court of competent
jurisdiction to have resulted from the negligence or other acts of the
City and said agents, employees and officers, arising out of or related
to the exercise or enjoyment of any franchise granted to Grantee pursuant
to the provisions of this chapter, including claims, demands, actions,
suits, liabilities and judgments based upon any infringement or violation
or alleged violation of any copyright; 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 expenses,
travel and living expenses; 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, its 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
19
obligation shall exist and continue without reference to or limitation by
the amount of any bond, policy of insurance, deposit, undertaking or
other security required hereunder; provided that neither Grantee nor City
shall make or enter into any compromise or settlement of any claim,
demand, action or suit without first giving the other ten (10) days'
prior written notice of its intention to do so.
B. COMPREHENSIVE LIABILITY INSURANCE. Upon
acceptance of a franchise granted hereunder, the Grantee shall file with
the City Clerk a Certificate of Insurance and shall thereafter during the
entire term of such franchise maintain in full force and effect, at its
own expense, a general comprehensive liability insurance policy or
policies which shall insure Grantee and provide primary coverage for the
City, its officers, boards, commissions, agents and employees, against
liability for loss or liability for personal injury, death, property
damage, and copyright infringement occasioned by any activity or
operation of Grantee under such franchise. Such policy or policies shall
be issued in a form and amount approved by the City Attorney, with
minimum combined single limits of liability coverage in the amount of One
Million Dollars ($I,000,000). The policy or policies shall name the
City, its officers, boards, commissions, committees, agents and
employees, as additional insureds and shall contain a provision that a
written notice of any cancellation, modification or reduction in coverage
of said policy shall be delivered to the City Clerk thirty (30) days in
advance of the effective date thereof. No franchise granted under this
chapter shall be effective unless and until each of the foregoing
certificates of insurance as required in this subsection have been
delivered to the City Clerk.
6.10.150 Inspection of Property and Records.
A. At all reasonable times, the Grantee shall permit
any duly authorized representative of the City to examine all property of
the Grantee in the public right of way, together with any appurtenant
property of the Grantee in the public right-of-way situated within or
outside the City, and to examine and transcribe any and all maps and
20
other necessary records kept or maintained by the Grantee or under its
control which deal with the operations, affairs, transactions or property
of the Grantee within the franchise area with respect thereto. If any of
such maps or records are not kept in the City, or upon reasonable request
made available to the City, and if the City Manager shall determine that
an examination thereof is necessary or appropriate, then all travel and
maintenance expense necessarily incurred in making such examination shall
be paid by the Grantee.
B. The Grantee shall prepare and furnish to the City
Manager at the times and in the form prescribed such reports with respect
to its operations, affairs, transactions or property, as may be
reasonably necessary or appropriate to the performance of any of the
rights, functions or duties of the City or any of its officers in
connection with the franchise.
C. The Grantee shall, at all times, make and keep in
the Civic Center 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
City Engineer, without charge, 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.
6.10.160 Minimum Operational Standards and Related
Testing Procedures.
A. Any CATV system constructed under this chapter
shall be installed and maintained in accordance with the best accepted
standards of the industry to the effect that subscribers shall receive
the best possible service. Specifically, the system must, in all
respects, meet or exceed technical standards of operation as developed by
the Federal Communications Commission or any successor agency. Specific
technical standards of operation associated with any particular Grantee
shall be contained in the ordinance granting the subject franchise.
21
B. The Grantee shall submit, within sixty (60) days
after the effective date of the franchise agreement, a detailed test plan
describing the methods and schedules for testing the CATV system on an
ongoing basis to determine compliance with the provisions of the
franchise agreement. The tests for Basic Subscriber Services shall be
performed periodically, at intervals no greater than every six (6)
months, throughout the service area. At least eight (8) of the selected
locations shall be at the far end of the distribution trunk cables.
Written test results shall be submitted in a report to the City Manager.
If more than ten (10) percent of the locations tested fail to meet the
FCC performance standards, the Grantee shall be required to indicate what
corrective measures have been taken, and the entire test may be repeated
at the discretion of the City Manager.
C. At any time after commencement of service to
subcr i bers the City may require additional tests, full or partial repeat
tests, different test procedures, or tests involving a specific
subscriber's terminal. Requests for such additional tests shall be made
on the basis of complaints received or other evidence indicating an
unresolved controversy or significant noncompliance, and such tests will
be limited to the particular matter in controversy. The City will
endeavor to so arrange its requests for such special tests so as to
minimize hardship or inconvenience to Grantee or to the subscriber.
6.10.170 Technological Developments.
A. It is the desire of the City that all CATV systems
franchised to operate within the City shall maintain, operate and where
feasible, modify the CATV system to ensure its performance in accordance
with the best accepted and proven standards of the cable television
industry.
B. The Grantee shall, provide technical improvements
and modifications to ensure the continued operation of the CATV system in
accordance with the best accepted and proven standards of the cable
television industry. Such improvements and modifications shall include,
but not necessarily be limited to:
22
I. continued availability and enhancement of
national or international transmission capabilities via communications
satellites;
2. enhancement and expansion of system channel
capacity and programming;
3. improvement and expansion of public access,
local origination, local government, and local educational programming;
4. maintenance and improvement of the system
physical plant in accordance with the best accepted and proven CATV
industry practices and FCC regulations;
5. consideration of two-way interactive
capability, programming and services including institutional services;
6. application of any other new technologies or
advance in the CATV field designed to enhance and improve CATV services.
C. In making determinations relative to the financial
and technical feasibility or appropriateness of specific system
improvements or modifications and the Grantee's compliance with this
Section, the City shall take the following factors into consideration:
I. whether there exists a reasonable subscriber
demand and, where appropriate, demonstrated willingness to pay for the
proposed improvements or modifications;
2. whether the technology associated with the
proposed improvements or modifications has been tested and proven
reliable;
3. whether the Grantee is financially and
technically able to provide the proposed improvements or modifications;
4. whether the provision of the proposed
improvements or modifications will allow the Grantee a reasonable return
on its investment in such proposed improvements or modifications.
5. whether the proposed improvements or
modifications are provided or planned for in the Grantees' other cable
television systems in San Diego County.
23
D. In implementing the provisions of this Section,
the City may request, as it deems necessary, and the Grantee shall
provide, a report regarding the feasibility or appropriateness of
implementing specific system improvements or modifications deemed
desirable by the City. Additionally, the Grantee shall provide in
December of each year, an annual status report to the City Manager
relative to implementation of specific system enhancements as provided
for in the franchise ordinance or progress toward implementation of
system enhancements as referenced in 6.10.170B. All reports required of
Grantee under this subsection shall specifically address the factors
included under Subsection 6.I0.170C and shall include a section which
compares the CATV system services currently provided by the Grantee
within National City with similar services provided by the Grantee in all
its other franchise areas in San Diego County. Additionally, upon
request of the City Manager, the Grantee shall provide system services
information for any or all of its franchises in California. The City
Manager's office will be responsible for obtaining comparative service
information relative
understood that the
independently
retain
to CATV
City and
technical
information relative to the
television industry.
systems other than the Grantee's. It is
any Grantee hereunder may mutually or
consultants for the purpose of obtaining
current "state of the art" in the cable
E. The Grantee shall provide the City with advance
written notification of any system improvements or modifications proposed
for implementation within its respective franchise area.
6.10.180 System Compatibility and Connectibility.
A. It is the desire of the City that all CATV systems
franchised to operate within the City shall be compatible and
interconnectible with one another and with systems in adjacent cities.
B. When it is financially and technically
feasible, legally possible and mutually agreeable between the proposed
interconnected systems the Grantee shall negotiate the construction,
24
number
operation and modification of its system to interconnect it with all
other adjacent CATV systems within and outside the City for the purpose
of sharing programming.
6.10.190 Miscellaneous Provisions.
A. The Grantee shall pay to the City a sum of money
sufficient to reimburse it for expenses incurred by it in publishing
legal notices and ordinances in connection with the granting of a
franchise pursuant to the provisions of this chapter; such payment to be
made within thirty (30) days after the City shall furnish such Grantee
with a written statement of such expense.
B. The Grantee shall maintain a toll
twenty-four (24) hours per day, seven (7) days a
free telephone
week, so
that
CATV maintenance service shall be promptly available to subscribers and
shall also keep a maintenance service log indicating the nature of each
complaint, when it was received, and how and when it was resolved. This
log shall be maintained for at least two (2) years and shall be available
for inspection by the City.
C. The Grantee shall provide each new subscriber
with information on how to register inquiries or complaints and shall
indicate therein that if the subscriber feels that the Grantee has failed
to resolve his complaint, the subscriber should contact the City
Manager's office for further action.
D. 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(s) or monthly
service charge(s) or to provide service as specified in Section
6.10.191.
E. The City Council may, upon finding that
extraordinary circumstances applying to the land, buildings or CATV
system do exist, waive any or all of the requirements of this chapter.
25
F. Grantee shall, without charge and upon request of
the City Manager or appropriate public school official provide all basic
subscriber services of its system as hereinafter provided:
1. One cable television connection to each City
facility designated by the City Manager including, but not limited to,
the Civic Center, Police stations, Fire stations, public libraries and
other facilities that are owned, rented, leased or controlled by the City
which are located within the Grantee's franchise area. Each such
connection shall consist of, at a minimum, of a drop connection to the
exterior of the building or property, and one outlet installation.
2. One cable television connection to each public
school site designated by the Superintendent of Schools or other
appropriate official. Each such connection shall consist of, at a
minimum, a drop connection to the exterior
outlet.
referenced
of the building and one
3. If connection of City or school facilities as
in the preceding subsections presents substantial cost and
other connection problems, the subject public agency and the Grantee
shall mutually determine whether or not the benefit derived from such
connection is justified in light of the cost, and if so, the connection
procedure to be utilized and the timing of the connection. Specific
facilities connection requirements may be included
ordinance granted hereunder.
4. Grantee
in any
franchise
shall continue service as presently
offered to the City and public schools and guarantee access to additional
services when such services become techologically and economically
feasible or when said additional services are offered throughout the
Grantee's franchise area.
6.10.191 Exceptions to Extension of Service
Requirements. Grantee shall, subject to the provisions of Section
6.10.192, not be required to extend service into any area not previously
26
provided with cable television service, where the investment required per
prospective subscriber is greater than the current maximum capital
investment per subscriber throughout the City.
6.10.192 System Extensions to Excepted Areas. Grantee
shall extend service to areas excluded from the mandatory extension
provisions of Section 6.10.090 C. if the potential subscribers agree in
writing to pay construction costs that exceed the "per subscriber" costs
set forth in Section 6.10.191. Grantee shall commence construction of
the cable service extension in these areas within one year of receiving
the required written agreements.
6.10.200 Adoption of Rules and Regulations by the City
Council.
A. POWER TO ADOPT RULES AND REGULATIONS. The City
Council is authorized to adopt by Resolution rules and regulations
consistent with the provisions of this chapter governing the operation of
CATV systems in the City and such rules and regulations shall apply to
and shall govern the operations of the Grantee of any franchise granted
pursuant to the provisions of this chapter.
B. PROCEDURE FOR ADOPTING RULES AND REGULATIONS.
The City Council may adopt rules or regulations consistent with the
provisions of this Chapter or amend, modify, delete or otherwise change
such rules and regulations previously adopted in the following manner:
I. The City Council shall pass a resolution of
intention describing the rules or regulations to be adopted, amended,
modified, deleted or otherwise changed and set a day, hour and place for
public hearing. Such resolution shall direct the City Clerk to publish
the same at least once within fifteen (15) days of the passage thereof;
2. The City Clerk shall cause such resolution to
be published at least once in the official newspaper of the City and
shall cause a copy of same to be mailed or delivered to any Grantee not
less than ten (10) days prior to the time fixed for hearing thereon;
27
3. At the time for public hearing or at any
adjournment thereof, the City Council shall proceed to hear and pass upon
such evidence, comments and objections as may be presented. Thereafter,
the City Council, by its resolution, may adopt, amend, modify, delete, or
otherwise change said rules and regulations.
6.10.210 Application for Franchise.
A. Application for an original or renewal franchise
hereunder shall be in accordance with the format and filing instructions
approved by the Council.
B. 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 the name of the proposed Grantee, the
character of the franchise 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 an official newspaper of general circulation. 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, the Council may grant, modify or deny the franchise.
6.10.220 Effect of Annexations.
A. In the event any new territory shall become
annexed to the City, the City Council shall determine which Grantee or
Grantees shall serve such new territory.
B. In the event any portion of unincorporated
territory covered by an existing franchise granted by the County of San
Diego is annexed to the City prior to the time that the Grantee of such
County franchise has commenced installation of a CATV system within said
28
territory, all rights acquired by said Grantee under its County franchise
shall terminate as of the date on which the annexation to the City
becomes effective.
C. In the event any portion of unincorporated
territory covered by an existing franchise granted by the County of San
Diego is annexed to the City after the Grantee thereof has commenced or
completed construction and installation of a CATV system within said
territory,
Diego or
National
the rights reserved under said franchise to the County of San
to any officer
thereof shall
inure to the benefit of the City of
City, and all regulatory provisions of this ordinance and any
other rules and regulations applicable to CATV systems operating within
the City, whether then in effect or subsequently adopted, shall be
applicable to and binding upon said Grantee. Grantee shall, relative to
the annexed territory, be obligated to pay franchise fees in an amount
mutually determined by the City and Grantee.
6.10.230 Effect of Preemption. In the event the
Federal Communications Commission or the Public Utilities Commission of
the State of California or any other federal or state body or agency
having jurisdiction shall now or hereafter exercise any paramount
jurisdiction over the subject matter of any franchise hereunder, then to
the extent such jurisdiction shall lawfully preempt or preclude the
exercise of like jurisdiction by the City, the jurisdiction of the City
shall, to the extent so preempted or precluded, cease and no longer
exist, and the franchise shall be deemed amended accordingly provided,
however, that only those provisions of the franchise so affected by the
exercise of such paramount jurisdiction shall be amended and all other
provisions of the franchise shall remain in full force and effect.
6.10.240 Locking Devices to Permit Exercise of
Parental Discretion and Adequacy of Signal Scrambling Procedures.
A. Grantee shall make available to its subscribers,
upon request and for a nominal fee as fixed in its rate structure locking
devices to permit exercise of parental control over programming.
29
B. Grantee shall insure through adequate signal
scrambling or other techniques that pay or premium services for which
subscribers do not pay the associated per channel or per program fee are
not received by said subscribers.
6.10.250 Violations.
A. It shall be unlawful for any person, firm or
corporation to make or maintain any unauthorized connection in physical
contact with any part of a franchised CATV system within the City for the
purpose of taking or receiving or enabling himself or others to receive
any television signals, radio signals, pictures, programs or sounds.
B. It shall be unlawful for any person, firm or
corporation, without the consent of the Grantee or property owner as
appropriate, to willfully tamper with, remove or injure any cables, wires
or equipment used for distribution of the CATV services of the Grantee.
Violation of this subsection shall constitute a misdemeanor.
C. From and after the effective date of this chapter,
it shall be unlawful for any person to construct, install or maintain
within any public street in the City or within any other public property
of the City or within any privately owned area within the City which has
not yet become a public street but is designated or delineated as a
proposed public street on any tentative subdivision map approved by the
City, any equipment or facilities for distributing any television signals
through a CATV system unless a franchise authorizing such use of such
street or property or area has first been obtained pursuant to the
provisions of this chapter and unless such franchise is in full force and
effect.
6.10.260 Revocation of Franchise.
A. The City reserves the right to revoke any
franchise granted hereunder and to rescind all rights and privileges
associated with the franchise in the following circumstances, each of
which shall represent a default and breach under this ordinance and the
franchise grant:
30
I. If the Grantee should default in the
performance of any of its material obligations under this ordinance or
under such documents, contracts and other terms and provisions entered
into by and between the City and the Grantee;
2. If the Grantee should fail to provide or
maintain in full force and effect, the liability and indemnification
coverages or the performance bond as required herein;
3. If any court of competent jurisdiction, the
FCC or any state regulatory body by rules, decisions, or other action
determines that any material provision of the franchise documents,
including this ordinance, is invalid or unenforceable prior to the
commencement of system construction;
4. If the Grantee should frequently violate any
orders or rulings of any regulatory body having jurisdiction over the
Grantee relative to this franchise unless such orders or rulings are
being contested by the Grantee;
5. If the Grantee ceases to provide services for
any reason within the control of the Grantee over the CATV system. The
Grantee shall not, however, be declared at fault or be subject to any
sanction under any provision of this chapter in any case in which
performance of any such provision is prevented for reasons demonstrated
to be beyond the Grantee's control. A fault shall not be deemed to be
beyond the Grantee's control if committed by a corporation or other
business entity in which the Grantee holds a controlling interest,
whether held directly or indirectly;
6. If the Grantee attempts to evade any of the
provisions of this ordinance or the franchise agreement or practices any
fraud or deceit upon the City;
7. If the Grantee's construction schedule is
delayed for more than eighteen (18) months later than any schedule
contained in the Grantee's franchise agreement, including any extensions
thereof;
8. If the Grantee becomes insolvent, unable or
unwilling to pay its debts, or is adjudged a bankrupt.
31
B. The City may make a written demand that the
Grantee comply with any such requirement, limitation, term, condition,
rule or regulation or correct any action deemed cause for revocation. If
the failure, refusal or neglect of the Grantee continues for a period of
thirty (30) days following such written demand, the City may place its
request for termination of the franchise upon a regular Council meeting
agenda. The City shall cause to be served upon such Grantee, at least
ten (10) days prior to the date of such Council meeting, a written notice
of this intent to request such termination, and the time and place of the
meeting, notice of which shall be published by the City Clerk at least
once, ten (10) days before such meeting in a newspaper of general
circulation within the City.
C. The Council shall hear any persons interested at
the time at the hearing, and shall determine, in its discretion, whether
or not any failure, refusal or neglect by the Grantee was with just
cause. No formal proceedings or formal rules of evidence shall apply at
such hearing and the City Council may designate a Hearing Officer to make
a report and recommendations.
D. If such failure, refusal or neglect by the Grantee
was with just cause, the Council shall direct the Grantee to comply
within such time and manner and upon such terms and conditions as are
deemed reasonable.
E. If the Council shall determine such failure,
refusal or neglect by the Grantee was without just cause, the Council
may, by resolution, declare that the franchise of such Grantee shall be
terminated and bond forfeited unless there be compliance by the Grantee
within such period as the Council may fix.
6.10.270 Application of Chapter. This chapter shall
upon the date it becomes effective and as it may subsequently be amended,
apply to and govern the operation of any and all CATV franchises granted
by the City of National City. In the event of any conflict between the
provisions of this Chapter and those of any particular franchise
ordinance, the provisions of the franchise ordinance shall govern.
32
r _ r
PASSED AND ADOPTED this L L/ day of
ATTEST:
CITY CLERK
33
MAYOR
1984.
Passed and adopted by the Council of the City of National City, California,
on Apri 1 24, 1984 by the following vote, to -wit:
Ayes: Councilmen
Nays: Councilmen
Absent: Councilmen
Abstain: Councilmen
AUTHENTICATED BY:
Cooper,
None
Dalla, Van Dpvent =w., W4; g', , Morgan.
None
None
KILE MORGAN
Mayor of the City of National City, California
City Clefk of the City of National Cit
California
By:
Deputy
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted
until seven calendar days had elapsed between the days of its introduction
and the days of its final passage, to wit, on ....1vlar.oh....2:.,....192.4
and on April. 2.4.....19.8 4
I FURTHER CERTIFY THAT said ordinance was read in full prior to its
final passage or that the reading of said ordinance in full was dispensed
with by a vote of not less than a majority of the members elected to the
Council and that there was available for the consideration of each mem-
ber of the Council and the public prior to the day of its passage a written
or printed copy of said ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and cor-
rect copy of ORDINANCE NO. i. 1/ ' of the City of National City, passed
and adopted by the Council of said City on aptri ,..24.,...�.9 .4
(Seal)
B
City Clerk of the City of Natiofial City, California
Deputy