HomeMy Public PortalAboutOrdinance 71-3291
1
ORDINANCE NO. 71 -32.9
AN ORDINANCE OF THE CITY OF TEMPLE
CITY ADDING CHAPTER 8 TO ARTICLE VI
OF THE TEMPLE.CITY MUNICIPAL CODE
RELATING TO THE GRANTING OF FRANCHISES
FOR COMMUNITY ANTENNA TELEVISION SYSTEMS.
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES ORDAIN:
SECTION 1. Chapter 8 is hereby added to Article VI of
the Temple City Municipal Code to read as follows:
CHAPTER 8 - COMMUNITY ANTENNA TELEVISION. SYSTEMS
Section 6800. Definitions. For the purposes
of this Chapter, the following terms, phrases, words,
abbreviations and their derivations shall have the
meaning given herein. When not inconsistent with
the context, words used in the present tense include
the future tense, words in the plural number include
the singular number, and words in the singular
number include the plural number.
a. "City" shall mean the City of Temple
City, a municipal corporation of the
State of California, in its present
incorporated form or in any later
reorganized, consolidated, enlarged
or reincorporated form.
b. "Council" shall mean the present
governing body of the City or any
future board constituting the
legislative body of the City.
c. "Franchise" shall mean and include
any authorization granted hereunder in
terms of a franchise, privilege, permit,
license or otherwise to construct,
operate and maintain a CATV system in
the City. Any such authorization, in
whatever term granted, shall not mean
and include any license or permit
required for the privilege of trans-
acting and carrying on a business within
the City.
d. "Grantee" shall mean the person, firm
or corporation to whom or which a
franchise, as hereinabove defined, is
granted by the Council under this Chapter,
and the lawful successor, transferee or
assignee of said person, firm or
corporation.
-1-
1
1
Ordinance No. 71 -329
e. "Street" shall mean the surface of
and the space above and below any
public street, road, highway,
freeway, lane, path, alley, court,
sidewalk, parkway or drive, now
or hereafter existing as such
within the City.
f. "Property of grantee" shall mean all
property owned, installed or used by
a grantee in the conduct of a CATV
business in the City under the
authority of a franchise granted
pursuant to this Chapter.
"CATV" shall mean a community
antenna television system as herein-
after defined.
g.
h. "Community Antenna Television System"
shall mean a system of antenna, coaxial
cables, wires, wave guides, or other
conductors, equipment or facilities
designed, constructed or used for the
purpose of providing television or FM
radio service by cable or through its
facilities as herein contemplated.
CATV shall not mean or include the
transmission of any special program
or event for which a separate and
distinct charge is made to the subscriber
in the manner commonly known and referred
to as "pay television."
i. "Subscriber" shall mean any person or
entity receiving for any purpose the
CATV service of a grantee.
"Gross Annual Receipts" shall mean any
and all compensation and other consider-
ation in any form whatever and any
contributing grant or subsidy received
directly or indirectly by a grantee
from subscribers, users or advertisers,
in payment for television or FM radio
signals or service received within the
City or for advertising. The Gross
Annual Receipts for advertising revenue
shall be that portion or percentage of
the total revenue for a particular
advertisement equal to the ratio of
subscribers within the City to total
subscribers of grantee served by the
advertisement. Gross Annual Receipts
•
-2-
1
1
1
Ordinance No. 71-329
shall not include any taxes on
services furnished by the grantee
imposed directly on any subscriber
or user by any city, state or other
governmental unit and collected by
the grantee for such governmental
unit.
Section 6801. Use of Telephone Facilities.
When and in the event that the grantee of any
franchise granted hereunder uses in his CATV system
distribution channels furnished to the grantee of
a telephone company pursuant to tariff or contract
on file with a regulatory body having jurisdiction
and said grantee makes no use of the streets
independent of such telephone company furnished
facilities, said grantee shall be required to comply
with all of the provisions hereof as a "licensee"
and in such event whenever the term "grantee" is
used herein, it shall be deemed to mean and include
"licensee." No provision of this Chapter shall be
deemed or construed as requiring the granting of a
franchise hereunder to a telephone company furnishing
such a channel service unless said telephone company
is, or becomes, an operator or one of the operators
of a CATV system, in which case said telephone
company shall be required to comply with this
Chapter in the same manner as any other person,
firm or corporation operating such system.
Section 6802. Franchise to Operate. A
nonexclusive franchise to construct, operate and
maintain a CATV system within all or any portion
of the City may be granted by the Council to any
person, firm or corporation, whether operating
under an existing franchise or not, who or which
offers to furnish and provide such system under and
pursuant to the terms and provisions of this Chapter.
No provisions of this Chapter may be deemed
or construed as to require the granting of a franchise
when in the opinion of the Council it is in the
public interest to restrict the number of grantees
to one or more.
Section 6803. Uses Permitted by Grantee. Any
franchise granted pursuant to the provisions of this
Chapter shall authorize and permit the grantee to
engage in the business of operating and providing
a CATV system in the City, and for that purpose to
erect, install, construct, repair, replace, reconstruct,
maintain and retain in, on, over, under, upon, across
and along any public street, such poles, wires, cable,
conductors, dints, conduit, vaults, manholes, amplifiers,
-3-
1
1
Ordinance No. 71-329
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 or
properties rented or leased from other
persons, firms or corporations, including
but not limited to any public utility or other
grantee franchised or permitted to do business
in the City.
No franchise granted hereunder shall be
construed as a franchise, permit or license to
transmit any special program or event for which
a separate and distinct charge is made to the
subscriber in the manner commonly known and
referred to as "pay television ", and no grantee
shall directly or indirectly install, maintain
or operate on any television set a coin box or
any other device or means for collection of
money for individual programs.
The grantee may make a charge to subscribers
for installation or connection to its CATV system
and a fixed monthly charge as filed and approved as
herein provided. No increase in the rates and
charges to subscribers, as set forth in the schedule
filed and approved with grantee's application, may
be made without the prior approval of the Council
expressed by resolution.
Section 6804. Duration of Franchise. No
franchise granted by t e Counci un er t is Chapter
shall be for a term longer than twenty (20) years
following the date of acceptance of such franchise
by the grantee or the renewal thereof.
Any such franchise granted hereunder may be
terminated prior to its date of expiration by the
Council in the event that said Council shall have
found, after thirty (30) days notice of any proposed
termination and public hearing, that:
a. the grantee has failed to comply with
any provisions of this Chapter or has,
by act or omission, violated any term
or condition of any franchise or permit
issued hereunder; or
b. any provision of this Chapter has become
invalid or unenforceable and the Council
further finds that such provision
constitutes a consideration material to the
grant of said franchise; or
-4-
1
1
Ordinance No. 71 -329
c. the City acquires the CA TV system
property of the grantee.
Section 6805. Franchise Payments. Any grantee
granted a franchise under this Chapter shall pay to
the City, during the life of such franchise, a sum
equal to five percent (5 %) of the gross annual
receipts of the grantee. Such payment by the grantee
to the City shall be made annually, or as otherwise
provided in the grantee's franchise, by delivery of
the same to the City Clerk.
The grantee shall file with the City, within
thirty (30) days after the expiration of any calendar
year or portion thereof during which such franchise
is in force, a financial statement prepared by a
certified public accountant, or person otherwise
satisfactory to the Council, showing in detail the
gross annual receipts, as defined herein, of
grantee during the preceding calendar year or
portion thereof. It shall be the duty of the
grantee to pay to the City, within fifteen (15)
days after the time for filing such statements, the
sum hereinabove prescribed or any unpaid balance
thereof for the calendar year or portion thereof
covered by such statements.
The City shall have the right to inspect the
grantee's records showing the gross receipts from
which its franchise payments are computed and the
right of audit and recomputation of any and all
amounts paid under this Chapter. 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 other obligation
hereunder.
In the event of any holding over after
expiration or other termination of any franchise
granted hereunder, without the consent of the
City, the grantee shall pay to the City reasonable
compensation and damages, of not less than one
hundred percent (100 %) of its total gross profits during
said period.
Section 6806. Limitations of Franchise.
a. Any franchiseHgrarited :bider this
Chapter shall he ,.nonexclus ive .
-5-
1
1
1
Ordinance No. J1 -329
b. No privilege or exemption shall be
granted or conferred by any franchise
granted under this Chapter except
those specifically prescribed herein.
c. Any privilege claimed under any such
franchise by the grantee in any
street or other public property
shall be subordinate to any prior
lawful occupancy of the streets or
other public property.
d. Any such franchise shall be a privilege
to be held in personal 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 involun-
tary sale, or by voluntary sale, merger,
consolidation or otherwise, without the
prior consent of the Council expressed
by resolution, and then only under such
conditions as may therein be prescribed.
Any such transfer or assignment shall
be made only by an instrument in writing,
a duly executed copy of which shall be
filed in the office of the City Clerk
within thirty (30) days after any such
transfer or assignment. The said
consent of the Council may not be
arbitrarily refused, provided, however,
the proposed assignee must show financial
responsibility and must agree to comply
with all provisions of this Chapter;
and provided, further, that no such
consent shall be required for a transfer
in trust, mortgage or other hypotheca-
tion as a whole to secure an indebtedness.
e. Time shall be of the essence of any such
franchise granted hereunder. The grantee
shall not be relieved of his obligation
to comply promptly with any of the
provisions of this Chapter or by any
failure of the City to enforce prompt
compliance.
f. Any right or power in, or duty impressed
upon, any officer, employee, department
or board of the City shall be subject to
transfer by the City to any other officer,
employee, department, or board of the City.
-6-
1
Ordinance No. 7� -329
g. The grantee shall have no recourse
whatsoever against the City for any
loss, cost, expense, or damage arising
out of any provision or requirement
of this Chapter or of any franchise
issued hereunder or because of its
enforcement.
h. The grantee shall be subject to all
requirements of City laws, rules,
regulations and specifications hereto -
fore or hereafter enacted or established.
i. 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.
. Any franchise granted hereunder shall
be in lieu of any and all other rights,
privileges, powers, immunities, and
authorities owned, possessed, controlled
or exercisable by grantee, or any
successor to any interest of grantee,
of or pertaining to the construction,
operation or maintenance of any CATV
system in the City; and the acceptance
of any franchise hereunder shall operate,
as between grantee and the City, as an
abandonment of any and all of such rights,
privileges, powers, immunities and
authorities within the City, to the
effect that, as between grantee and the
City, any and all construction, operation,
and maintenance by any grantee of any
CATV system in the City shall be, and
shall be deemed and construed in all
instances and respects to be, under
and pursuant to said franchise, and not
under or pursuant to any other right,
privilege, power, immunity, or authority
whatsoever.
J
Section 6807. Rights Reserved to the City.
a. Nothing herein shall be deemed or
construed to impair or affect, in any
way, to any extent, the right of the
City to acquire the property of the
grantee, either by purchase or through
the exercise of the right of eminent domain,
at a fair and just value, which shall not
include any amount for the franchise itself,
or for any of the rights or privileges
granted, and nothing herein contained
-7
1
1
1
Ordinance No. 71 -329
shall be construed to contract away
or to modify or abridge, either for
a term or in perpetuity, the City's
right of eminent domain.
b. There is hereby reserved to the City
every right and power which is
required to be herein reserved or
provided by any Ordinance of the
City, and the grantee, by its
acceptance of any franchise,
agrees to be bound thereby and
to comply with any action or
requirements of the City in its
exercise of such rights of power,
heretofore or hereafter enacted or
established.
c. Neither the granting of any 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, within all or any
portion of the City.
d. There is hereby reserved to the City
the power to amend any section or part
of this Chapter so as to require
additional or greater standards of
construction, operation, maintenance
or otherwise, on the part of the grantee.
e. Neither the granting of any franchise
nor any provision hereof shall constitute
a waiver or bar to the exercise of
any governmental right or power of the
City.
f. The Council may do all things which
are necessary and convenient in the
exercise of its jurisdiction under
this Chapter and may determine any
question of fact which may arise
during the existence of any franchise
granted hereunder. The City Manager
is hereby authorized and empowered
to adjust, settle, or compromise any
controversy or charge arising from the
operations of any grantee under this
Chapter, either on behalf of the City,
the grantee, or any subscriber, in the
best interest of the public. Either,:
the grantee or any member of the public
who may be dissatisfied with the
Ordinance No. 71 -329
decision of the City Manager may
appeal the matter to the City Council
for hearing and determination. The
City Council may accept, reject
or modify the decision of the City'
Manager, and the City Council may
adjust, settle or compromise any
controversy or cancel any charge
arising from the operations of any
grantee or from any provisions of
this Chapter.
g. Tie City reserves the authority to
require the franchi ee to reimburse the
City for costs in connection with
investigation and award of any franchise.
Section 6808. Permits, Installation and Service.
a. Within sixty (60) days after acceptance
of any franchise 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, microwave carrier licenses
and any other permits, licenses and
authorizations to be granted by duly
constituted regulatory agencies having
jurisdiction over the operation of
CATV systems, or their associated
microwave transmission facilities.
b. Within ninety (90) days after
obtaining all necessary permits,
licenses and authorizations, grantee
shall commence construction and
installation .f the CATV system.
c. Within ninety (90) 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 thereafter, so that service
to all areas designated on the map
accompanying the application for franchise,
as provided in Section 6819 hereof,
shall be provided within one (1) year
from the date that service was first
provided.
d. Failure on the part of the grantee to
commence and diligently pursue each
1
Ordinance No. Jj -329
of the foregoing requirements and
to complete each of the matters set
forth herein shall be grounds for
termination of such franchise, under
and pursuant to the terms of
Section 6804 hereof; provided,
however, that the Council in its
discretion may extend,, the time
for the commencement and completion
of construction and installation
for additional periods in the event
the grantee, acting in good faith,
experiences delays by reason of
circumstances beyond his control.
Section 6809. Location of Property of Grantee.
a. Any poles, wires, cable lines, conduits
or other properties of the grantee to
be construdted or installed in streets,
shall be so constructed or installed only
at such locations and in such manner
as shall be approved by the City Manager
acting in the exercise of his reasonable
discretion.
b. The grantee shall not install or erect
any facilities or apparatus in or on
other public property, places or rights -
of -way, 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, except those
installed or erected upon public utility
facilities now existing, without
obtaining the prior written approval
of the City Manager.
c. In those areas and portions of the City
where the transmission or distribution
facilities of both the public utility
providing telephone service _and those
of the utility providing electric service
are underground or hereafter may–W—
placed underground, then the grantee
shall likewise construct, operate and
maintain all of its transmission and
distribution facilities underground. For
the purposes of this subsection, "under-
ground" shall include a- partial underground
system, e . g .,streamlining . Amplifiers in
-10-
1
1
Ordinance No. 71 -329
grantee's transmission and distribution
lines may be in appropriate housings
upon the surface of the ground as
approved by the City Manager.
Section 6810. Removal and 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
twelve (12) months, or in the event
such system or property has been installed
in any street or public place without
complying with the requirements of
grantee's franchise or this Chapter,
or the franchise has been terminated,
cancelled or has expired, the grantee
shall promptly, updp. being given ten (10)
days notice, remove "!from the streets or
public places all such property and poles
of such system other than any which the
City Manager may permit to be abandoned
in place. In the event of such removal,
the grantee shall promptly restore the
street or other area from which such
property has been removed to a condition
satisfactory to the City Manager.
Any property of the grantee remaining
in place thirty (30) days after the
termination or expiration of the fran-
chise shall be considered permanently
abandoned. The City Council may ..
extend such time as deemed necessary
c. Any property of the grantee to be aban-
doned in place shall be abandoned in such
manner as the City Manager 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
Manager an instrument in writing, to
be approved by the City Attorney, trans-
ferring to the City the ownership of
such property.
Section 6811. Changes Required by Public Improve-
ments. The grantee shall, at its expense, protect,
support, temporarily disconnect, relocate in the same
street or other public place, or remove from the street
or other public place, any property of the grantee when
1
1
OrOi}iance
required by the City Manager by reason of traffic
conditions, public safety, street vacation, freeway
and street construction, change of establishment of
street grade, installation of sewers, drains, water
pipes, power lines, signal lines, and tracks or any
other type of structures or improvements by public
agencies; provided, however, that the grantee shall
in all such cases have the privileges and be
subject to the obligations to abandon any property
of the grantee in place, as provided in Section
6810 hereof.
Section 6812. Failure to Perform Street Work.
Upon failure of the grantee to commence, pursue or
complete any work required by law or by the
provision of this Chapter or by its franchise to
be done in any street or other public place,
within the time prescribed, and to the satisfaction
of the City Manager, the City Manager may, at his
option, cause such work to be done and the grantee
shall pay to the City the cost thereof in the
itemized amounts reported by the City Manager to
the grantee within thirty (30) days after receipt
of such itemized report.
Section 6813. Faithful Performance Bond.
a. The grantee shall, concurrently
with the filing of and acceptance
of award of any franchise granted
under this Chapter, file with the
City Clerk, and at all times there-
after maintain in full force and
effect for the term of such franchise
or any renewal thereof, at grantee's
sole expense, a corporate surety bond
in a company :,and in a form approved
by the City 'Attorney, in the amount
of twenty -five thousand dollars
($25,000), renewable annually, and
conditioned upon the faithful per-
formance 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 any 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
-12-
1
1
1
Ordinance No. 7 1329
property of the grantee as
prescribed hereby which may be
in default, plus .a reasonable allow-
ance 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 and 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
or renewal by the grantee or from its
exercise of any privilege therein
granted. The bond shall provide that
thirty (30) days prior written notice
of intention not to renew, cancellation,
or material change, be given to the City.
b. Neither the provisions of this section,
nor any bond accepted by the City
pursuant thereto, nor any damages
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.
Section 6814. Indemnification of City.
a. The grantee shall, concurrently with
the filing of an acceptance of award
of any franchise granted under this
Chapter, furnish to the City and file
with the City Clerk, and at all times
during the existence of any franchise
granted hereunder, maintain in full
force and effect, at its own cost and
expense, a liability insurance policy
in the amount of one million dollars
($1,000,000), in a company approved
by the City Manager and in a form
satisfactory to the City Attorney
indemnifying and saving harmless the
City, its officers and employees from
and against any and all claims, demands,
actions, suits, and proceedings by
others, against all liability to
others, including but not limited to
any liability for damages by reason
of or arising out of any failure by
the grantee to secure consents from
-13-
1
1
Ordinance No. 71 -329
the owners, authorized distributors
or licensees of programs to be
delivered by the grantee's CATV
system, and against any loss, cost,
expense and damages resulting
therefrom, including reasonable
attorney's fees, arising out of the
exercise or enjoyment of its fran-
chise, irrespective of the amount of
the comprehensive liability insurance
policy required hereunder.
b. The grantee shall, concurrently with
the filing of an acceptance of award
of any franchise granted under this
Chapter, furnish to the City and file
with the City Clerk, and at all times
during the existence of any franchise
granted hereunder, maintain in full
force and effect, at its own cost and
expense, a general comprehensive
liability insurance policy, in protec-
tion of the City, its officers, boards,
commissions, agents and employees, in a
company approved by the City Manager
and a form satisfactory to the City
Attorney, protecting the City and all
persons against liability for loss or damage
for personal injury, death and property .
damage, occasioned by the operations of
grantee under such franchise, with
minimum liability limits of two hundred
fifty thousand dollars ($250,000) for
personal injury or death of any one
person and five hundred thousand dollars
($500,000) for personal injury or death
of two or more persons in any one
occurrence, and fifty thousand dollars
($50,000) for damage to property resulting
from any one occurrence.
c. The policies mentioned in the foregoing
paragraph shall name the City, its
officers, boards, commissions, agents
and employees, as additional insured
and shall contain a provision that a
written notice of cancellation or
reduction in coverage of said policy
shall be delivered to the City ten (10)
days in advance of the effective date
thereof; if such insurance is provided
by a policy which also covers grantee or
any other entity or person other than those
above named, then such policy shall contain
the standard cross - liability endorsement.
0
-14-
1
Ordinance No. 7'I -32g
Section 6815. 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, together
with any appurtenant property of the
grantee situated within or without
the City, and to examine and transcribe
any and all maps and other records kept
or maintained by the grantee or under
its control which deal with the operations,
affairs, transactions or property of the
grantee with respect to its franchise.
If any such maps or records are not kept
in the City, and if the Council 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 and the City Clerk
at the times and in the form prescribed
by either of said officers, 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, func-
tions 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 City full and complete plans
and records showing the exact location
of all CATV system equipment installed
or in use in streets and other public
places in the City.
d. The grantee shall file with the City
Manager, on or before the last day in Dec -
ember of each year, a current map or
set of maps drawn to scale showing all
CATV system equipment installed and in
place in streets and other public
places of the City.
Section 6816. Operational Standards. The CATV
system shall be installed and maintained in accordance
with the highest and best accepted .standards of the
industry to the effect that subscribers shall receive
-15-
1
Ordinance No. 71°329
the highest possible service. In determining the
satisfactory extent of such standards, the
following among others shall be considered:
a. That the system be installed
using all band equipment capable
of passing the entire VHF and FM
spectrum, and that it have the
further capability of converting
UHF for distribution to subscribers
on the VHF band.
b. That the system, as installed, be
capable of passing standard color
TV signals without the introduction
of material degradation on color
fidelity and intelligence.
c. That the system and all equipment
be designed and rated for 24 -hour
per day continuous operation.
d. That the ,system provides a nominal
signal level of 2000 microvolts at
the input terminals of each TV
receiver.
e. That the system signal -to -noise
ratio is not less than 40 decibels.
f. That hum modulation of the picture
signal is less than 5 %.
g. That the system use components
having a VSWR of 1.4 or less.
Section 6817. Miscellaneous Provisions.
a. When not otherwise prescribed herein,
all matters herein required to be
filed with the City shall be filed
with the City Clerk.
b. The grantee shall pay to the City
a sum of money sufficient to
reimburse it for all publication
expenses incurred by it in connec-
tion with the granting of a franchise
pursuant to the provisions of this
Chapter. Such payment shall be made
within thirty (30) days after the
City furnishes the grantee with a
written statement of such expenses
by delivery of same to the City Clerk.
-16-
1
1
1
Ordinance No. 71-329
c. The grantee shall maintain an
office within the City limits
or at a location which subscribers
may call without incurring added
message or toll charges so that
CATV maintenance service shall be
promptly available to subscribers.
d. No person, firm or corporation in
the existing service area of the
grantee shall be arbitrarily
refused service; provided, however,
that the grantee shall not be
required to provide service to
any subscriber who does not pay
the applicable connection fee or
monthly service charge.
Section 6818. Use of Utility Poles and
Facilities: Agreement. When any portion of
the CATV system is to be installed on
public utility poles and facilities, certi-
fied copies of the agreements for such joint
use of poles and facilities shall be filed
with the City Clerk.
Section 6819. Application for Franchise.
a. Application for a franchise
hereunder shall be in writing,
shall be filed with the City Clerk,
and shall contain the following
information:
1. The name and address of the
applicant. If the applicant
is a partnership, the name
and address of each partner
shall also be set forth. If
the applicant is a corporation,
the application shall also
state the names and addresses
of its directors, main officers,
major stockholders and associates,
and the names and addresses of
parent and subsidiary companies.
2. A statement and description of
the CATV system proposed to be
constructed, installed, maintained
or operated by the applicant; the
proposed location of such system
and its various components; the
manner in which applicant proposes
to construct, install, maintain
-17-
Ordinance No. 71 -329
and operate the same; and
particularly, the extent and
manner in which existing
or future poles or other
facilitues or other public
utilities will be used for
such system.
3. A description, in detail, of
the public streets, public
places and proposed public
streets within which applicant
proposes or seeks authority
to construct, install or
maintain any CATV equipment
or facilities; a detailed
description of the equipment
or facilities proposed to be
constructed, installed, or
maintained therein; and the
proposed specific location
thereof.
4. A map specifically showing
and delineating the proposed
service area or areas within
which applicant proposes to
provide CATV services and for
which a franchise is requested.
5. A statement or schedule in a
form approved by the City
Manager of proposed rates and
charges to subscribers for
installation and services,
and a copy of proposed
service agreement between the
grantee and its subscribers
shall accompany the application.
For unusual circumstances, such
as underground cable required,
or more than one hundred fifty
(150) feet of distance from
cable to connection of service
to subscribers, an additional
installation charge over that
normally charged for installa-
tion as specified in the appli-
cant's proposal may be charged,
with easements to be supplied
by subscribers. For remote,
relatively inaccessible
subscribers within the City,
service may be made available
on the basis of cost of materials,
labor and easements if required
by the grantee.
-18-
1
prdinance No. 71 -329
6. A copy of any contract, if
existing, between the applicant
and any public utility providing
for the use of facilities of
such public utility such as
poles, lines or conduits.
7. A statement setting forth all
agreements and understandings,
whether written, oral or implied,
existing between the applicant
and any person, firm or corporation
with respect to the proposed
franchise or the proposed CATV
operation. If a franchise is
granted to a person, firm or
corporation posing as a front
or as the representative of
another person, firm or corpora-
tion, and such information is
not disclosed in the original
application, such franchise shall
be deemed void and of no force
and effect whatsoever.
8. A financial statement prepared
by a certified public accountant,
or person otherwise satisfactory
to the Council, showing applicant's
financial status and his financial
ability to complete the construction
and installation of the proposed
CATV system.
9. The Council may at any time demand,
and applicant shall provide, such
supplementary, additional or other
information as the Council may deem
reasonably necessary to determine
whether the requested franchise
should be granted.
b. Upon consideration of any such application,
the Council may refuse to grant the
requested franchise or the Council
may by ordinance or resolution grant
a franchise for a CATV system to any
such applicant as may appear from said
application to be in its opinion best
qualified to render proper and efficient
CATV service to television viewers and
subscribers in the City. The Council's
decision in the matter shall be final.
If favorably considered, the application
submitted shall constitute andrform part
of the franchise as granted.
-19-
1
1
aFO.nance No. 7j329
c. Any franchise granted pursuant to this
Chapter shall include the following
conditions:
"The CATV system herein franchised
shall be used and operated solely and
exclusively for the purpose expressly
authorized by the Municipal Code of
the City of Temple City and no other
purpose whatsoever."
Inclusion of the foregoing statement
in any such franchise shall not be deemed
to limit the authority of the City to
include any other reasonable condition,
limitation or restriction which it may
deem necessary to impose in connection
with such franchise pursuant to the
authority conferred by this Chapter.
Section 6820. Franchise Renewal. Any franchise
granted under this Chapter is renewable at the
application of the grantee, in the same manner and
upon the same terms and conditions as required herein
for obtaining the original franchise, except those
which are by their terms expressly inapplicable;
provided, however, that the Council may at its
option waive compliance with any or all of the
requirements of Section 6819 hereof.
Section 6821. Acceptance and Effective Date
of Franchise.
a. No franchise granted pursuant to the
provisions of this Chapter shall
become effective unless and until
the ordinance or resolution granting
same has become effective and, in
addition, unless and until all
things required in this Chapter are
done and completed, all of such things
being hereby declared to be conditions
precedent to the effectiveness of any
such franchise granted hereunder. In
the event any of such things are not
done and completed in the time and manner
required, the Council may declare the
franchise null and void.
b. Within twenty-five (25) days after
the effective date of the ordinance
or resolution awarding a franchise,
or within such extended period of time
as the Council in its discretion may
-20-
1
1
Ordinance No. 71-329
authorize, the grantee shall file
with the City Clerk his written
acceptance, in form satisfactory
to the City Attorney, of the fran-
chise, together with the bond and
insurance policies required by this
Chapter, and his agreement to be
bound by and to comply with and
to do all things required of him
by the provisions of this Chapter
and the franchise. Such acceptance
and agreement shall be acknowledged
by the grantee before a Notary
Public, and shall in form and
content be satisfactory to and
,approved by the City4Attorney.
Section 6822. Violations.
a. From and after the effective date
of this Chapter, it shall be unlawful
for any person to establish, operate
or to carry on the business of
distributing to any persons in. this
City any television signals or radio
signals by means of a CATV system
unless a franchise therefor has
first been obtained pursuant to the
provisions of this Chapter, and unless
such franchise is in full force and
effect.
b. From and after the ffective 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
or radio 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.
-21-
1
1
Ordinance No. 71 °329
c. It shall be unlawful for any person,
firm or corporation to make any
unauthorized connection, whether
physically, electrically, acoustically,
inductively or otherwise, with any
part of a franchised CATV system
within this City for the purpose of
taking or receiving television signals,
radio signals, pictures, programs or
sound.
d. It shall be unlawful for any person,
f imnor corporation to make any unauthorized
connection, whether physically, electri-
cally, acoustically, inductively or
otherwise, with any part of a franchised
CATV system within this City for the
purpose of enabling himself or others
to receive any television signal, radio
signal, picture, program or sound,
without payment to the owner of said
system.
e. It shall be unlawful for any person,
without the consent of the owner, to
wilfully tamper with, remove or injure
any cables, wires or equipment used
for distribution of television signals,
radio signals, pictures, programs or
sound.
Section 6823. Severability. If any section, .
subsection, sentence, clause or phrase of this Chapter
is for any reason held illegal, invalid or unconstitu-
tional by the decision of any court of competent
jurisdiction, such decision shall not affect the
validity . of the remaining portions hereof. The
Council hereby declares that it would have enacted
this Chapter and each section, subsection, sentence,
clause, and phrase hereof, irrespective of the
fact that any one or more sections, subsections,
sentences, clauses, or phrases be declared illegal,
invalid or unconstitutional. The invalidity of any
portion of this Chapter shall not abate, reduce or
otherwise affect any consideration or other
obligation required of the grantee of any franchise
granted hereunder.
SECTION 2. The City Clerk of the City of Temple City
shall certify to the passage and adoption/of this Ordinance
and to its approval by the Mayor and shall'cause the same
-22-
1
1
Ordinance No. 71 -329
to be published in the Temple City Times, a newspaper of
general circulation, printed, published andcirculated in
the City: of Temple City.
APPROVED and ADOPTED this 6th day of
1971.
ATTEST:
July
yor
City of Temple City, California
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss:
CITY OF TEMPLE CITY )
1, Chief Deputy , City Clerk of the City of
Temple City, do hereby certify that the foregoing Ordinance,
being Ordinance No. 71-32,9 , was introduced at :a regular
meeting of the City Council of the City of Temple'4`City,
held on the 1st day of June , 1971, and was
duly passed, approved and adopted by said Council, approved
and signed by the Mayor and attested by the City Clerk at
a regular meeting of the said City Council held on the
6th day of July , 1971, by the following
vote:
AYES:
NOES:
ABSENT:
Councilmen - Briggs, Harker, Merritt, Gilbertson
Councilmen -None
Councilmen- Tyrell
Ch. Dep.
It C er o t e City o
Temple City, California
-23-