HomeMy Public PortalAboutOrdinance 72-345ORDINANCE NO. 72 -345
AN ORDINANCE OF THE CITY OF TEMPLE CITY AMENDING
CHAPTER 8 OF 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. Section 6800 of Chapter 8, Article VI of the
Temple City Municipal Code is amended to read as follows:
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: reor.ganized, 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 transacting
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.
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.
g. "CATV" shall mean a community antenna television
system as hereinafter defined.
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, FM and other
lawful services by cable or through its faci li -
ties as herein contemplated.
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Ordinance No. 72 -345 Page 2
1 . "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 consideration 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 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 2. Section 6803 of Chapter 8, Article VI of the
Temple City Municipal Code is amended to read as follows:
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, ducts, conduit, vaults, manholes,
amplifiers, appl ia:nces, 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.
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, maybe made without
prior approval of the Council expressed by resolution.
SECTION 3. That the City Clerk shall certify the
adoption of this Ordinance and cause the same to be published
in the manner prescribed by law.
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PASSED AND APPROVED this 18th day of April , 1972.
ATTEST:
Ordinance No. 72 -345 Page 3
hereby certify that the foregoing Ordinance, being
Ordinance No. 72 -345, was introduced at a regular meeting of
the City Council of the City of Temple City, held on the
4th day of April, 1972, 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 said
City Council held on the 18th day of April, 1972, by the
following vote:
AYES:
NOES:
ABSENT:
Councilmen- Dennis, Gilbertson, Merritt, Tyrell, Briggs,
Councilmen -None
Councilmen-None
hief Deputy ty Clerk