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HomeMy Public PortalAboutOrdinance 402• 40 ORDINANCE NO. 402 AN ORDINANCE OF THE CITY OF BEAUMONT PROVIDING FOR THE GRANTING OF FRANCHISES FOR COMMUNITY ANTENNA TELEVISION SYSTEMS PROVIDING TERMS AND CONDITIONS FOR THE OPERATION OF SUCH COMMUNITY ANTENNA TELEVISION SYSTEMS AND FEES THEREFOR. THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES ORDAIN AS FOLLOWS: Section 1. DEFINITIONS. For the purposes of this Ordinance, the following terms, phrases, words, abbreviations, and their derivations shall have the mean- ing 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 Beaumont, a municipal corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or re -incorporated 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 here- under 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 what- ever term granted, shall not mean and include any license or permit required for the privilege of transacting and carryins on a business within the City in accord- ance with Ordinance No. 333. (d) ''Granteeshall mean the person, firm or corporation to whom or which a franchise, as hereinabove defined, is granted by the Council under this Ordinance, 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 Ordinance. (g) 'CATV" shall mean a community antenna television system as herein- after 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 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 pur- pose the CATV service of a grantee. (j) '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 or users in payment for television or FM radio signals or service received within the City. Groan- Annual-TReceip-te sha.11enot include any taxes on service 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. S€ction 2. EXCLUSIVE USE OF T+LEPHOW FACILITIES. When and in the event that the grantee of any franchise granted hereunder constructs, operates and maintains a CATV system exclusively through telephone company facilities con- structed, operated and maintainer pursuant to a state -granted telephone franchise and offers satisfactory proof that in no event during the life of such franchise shall the grantee make any use of the streets independently of such telephone company facilities, .r -'id 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". • 1 Section 3. FRANCHAIL TO OPERATE. A none*clusive fchise to construct, operate and maintain a CAW system within all or any porall 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 Ordinance. No provision of this Ordinance 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 4. USES PERMITTED BY GRANTEE. Any franchise granted pursuant to the provisions of this Ordinance 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, 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 dis- tinct 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, main- tain 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 pro- vided. 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 5. DURATION OF FRANCHISE. No franchise granted by the Council under this Ordinance shall be for a term longer than ten (10) 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 provision of this Ordinance, or has, by act or omission, violated any term or condition of any franchise or permit issued hereunder; or (b) Any provision or this Ordinance has become invalid or unenforceable and the Council further finds that such provisions constitutes a consideration material to the grant of said franchise; or (c) the City acquires the CATV system property of the grantee. Section 6. FRANCHISE PAYMENTS. Any grantee granted a franchise under this Ordinance shall pay to the City, during the life of such franchise, a sum equal to Five per cent (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 Treasurer of the City of Beaumont. 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. In any year, or portion thereof, following the first full year service has been provided and during which payments under this section amount to less than One Thousand dollars ($1,000.00) per year, grantee shall pay the City as a minimum an amount equal to One Thousand dollars ($1,000.00) per year,,and that (50%) of the annual franchise fees shall be allocated to the Park Fund for Capital outlay and (50%) to the General Fund. - 2- The City shallrtve the right to inspect the gra4itee,'s records showing the gross receipts from which its franchise payments are computed and the right of audit and recomputaticn of any and all amounts paid under this Ordinance. 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 Ordinance 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 per cent (100%) of its total gross profits during said period. Section 7. LIMITATIONS OF FRANCHISE. (a) Any franchise granted under this Ordinance shall be nonexclusive. (b) No privilege or exemption shall be granted or conferred by any franchise granted under this Ordinance except these specifically prescriber! herein. (c) Any privilege claimed under any such franchise by the grantee in any street or other public prep rty 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 cr in part, either by forced or involuntary s^le, 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 glade 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 c:fter any such transfer or assign- ment. 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 Ordinance; and provided, further, that no such consent shall be required for a transfer in trust, Mortgage or other hypothe- cation :'s 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 obligatirz to comply promptly with any of the nrrveee.ona n€ this Ordinance or by any fadlure of the City to enforce prompt (f) Any right or realer in, or duty impressed upon., any officer, .::iployca, dea.aatr c -r{-, er board of the City shall be subject to transfer by the :2ity to any other officer, employee, department, or board of the City. (p) The grantee shall have no recourse whatsoever against the City for :'ny loss, cost, expense, or denage arising out cf any provision or requirement of this Ordinance or of any franchise issued hereunder or because of its enforcement. (h) The grantee shall be subject to all requirements of City ordinances, rules, regulcti-'ns and spccificati ns heretofore 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 coup_ny, or from others maintaining poles in streets. (j) Any franchise granted hereunder shall be in lieu of any end all other rights, privileges, powers, irmunities, 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 ^ny franchise hereunder shall operate, as between grantee and the City, as an abandonment cf any and all of such richts, -that, ^s between gr_eetee and the City, any and all construction, operation and maintenance by any grantee of any CATV systen in the City shall be, and shall be deemed and 1" nstrued in all instances end respects to be, under and pursuant to said franchise, end not under cr pursuant to any other right, privilege, power, immunity, or authority whatsoever. Section S. RIG.!TS RESERVED TO TEE CITY. (^) Nothing herein shall be d cened cr construed to impair or affect, in any way, to any extent, the right of the City to acquire the property of the nrantee , either by *purchase or through the exorcise c f the right e f eminent dcnain, • at a fair and just value, which shall not include any am?Ilnt fnr the franchise itself or for any of the rights or privileges granted, and nothing herein contained shall be construed to contract away or to modify cr abridge, either for a tern or in perpetuity, the City's richt of eminent domain. (b) There is hereby reserved to the City every right and p:eaper whish 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 or power, heretofore or hereafter enacted or established. (c) Neither the granting of any franchise hereunder nor any of the pro- visions 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 cf the City. (d) There is hereby reserved to the City the newer to amend any section or part of this Ordinance so as to require additional or greater standards of con- struction, 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 cf the City. (f) The Council nay do all things which are necessary and convenient in the exercise of its jurisdiction under this Ordinance and may determine any question cf fact which may arise during the existence cf any franchise granted hereunder. The City Manager is hereby authorized and empowered to adjust, settle, or conpronise any controversy or charge arising from tho operations of any grantee under this Ordinance, either on behalf of the City, the grantee, or any subscriber, in the best interest of the public. Either the ,rantee or any member of the public who nay be dissatisfied with the decision of the City Manager may appeal the ri<atter to the Council for hearing and dcter'ination. The Council may accept, reject or modify the decision of the City Manager, and the Council may adjust, settle or compromise any controversy or cancel any charge arising from the eperatiofs of any grantee or from any provision of this Ordinance. Section 9. PERMITS, INSTALLATION AND SERVICE. (a) Within Sixty (60) days after accentance of any franchise the -rantee shall proceed with due diligence to obtain e.11 necessary permits and nuthorizations which are recuired in the conduct of its business, including, but net limited to, any utility joint use attachment agreements, microwave carrier l censes, and .any ether permits, licenses and authorizations to be granted by duly constituted regulatory agencies having jurisdicti?n over the operation of CATV systems, or their associated microwave transmission feciliti_s. (b) Within 1in&..ty (90) days after obtaining all necessary permits, licenses and authorizations, ,grantee shall co -nonce construction and installation of the CATV syster. (c) within Ninety (90) days eft'er the cenmence :eat of construction and installation of the system, orentee shell proceed to render service to subscribers, end the cenpl: tion :_,f the construction and ieatatlation_ shall be pursued with reasonable diligence thereafter, so that service tc all areas designated on the r, ecccnpanying the application for franchise, as erovided in Section 20 hereof, shall be provided within one (1) year from the date that service was first pro- vided. (d) Failure on the part of the grantee to commence and diligently pursue each of the foreroine requir.:.eents and to complete each of the natters set forth herein, shall be arounds for termination of such franchise, under and pursuant to the terms of Section 5 hereof. Provided, however, that the Council in its discre- tion may extern"' the tine for the commencement and completion of construction ^na installation for additional periods in the event the grantee, actino in stood faith; experiences delays by reason of circumstances be -vend his control. Section 10. LOCATION OF PPOPEP.TY OP G'A TTEE. (a) Any polos, wires, cable lines, conduits or ether properties cf the grantee to be constructed 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 Engineer actin, in the exorcise of his reasonable discretion. _. 4 - i i • (b) The grantee sh^11 not install or erect ?ny facilities or annaratur in or en other public nrenerty, places or rights-of-way, or within any rrivetelp Awned area within the City which has not yet becene a public street but is <" _sig-- nated cr delineated as a prop aed public street on ,any tentative: sub'ivision men ennrcved by the City, except those installed or _r:ct.::d upon public utility facilities now existing, without r,btaining the prior written :pprcval :of the City Engineer. (c) In those . pees and pertiona :of the City where t'.. trensmission -'r distributi:n facilities 4 both the public utility prow 'i.ng telephc.ne service: and these -f the utility er vidinr c1 :ct :i;:. service are un erground or hereafter mey be placed* underground, then the -tante_ s i':ll lii:ewi s e construct, nnerat_ and maintain all of its transnissien and distribution facilities undernr:oun. rr the purposes cif this subsection, und, r^round.; shall inclu. a n nartial unr'er' reunc systems,. streamlining. Ar nlifiers in rrentee's tr^nsnissi rn ar.-_ cistributicn lines r»y bein apnropriatc heusin's upon the surf -c-: 'f the ground as approved by the City Engineer. Section 11. REMOVAL A'i'r:' «3AgDONMENT OF PR`?PERTY OF GRANTEE. (a) In the event that the use cf any part �_�f the CATV system is d.is- c-ntinued for any reason for a c _ntinucus period Lf Twelve (12) months, er in the event such system er property has been installed in any street or public place without comnlyinc with the requirer:e:nts of r;rantce's franchise er this Ordinerice, r the franchise has been terminate`_, cancelled cr has :expired, the grant..e shall nrc-*:ptly, uacn *riving ten (10) days: notice::, remcvc from the streets or public *laces all such nronerty and neles of such system ether than any which the City Engineer 7-y nernit tc be abandoned in place. In the event of such re-iova1, the grantee shill promptly restore the street or other area fr-n-rhich such nrorerty has b -en r`'ioveri tc a conditi,n setisfactcry t''' th City Enr'ineC r. (b) Any property of the grantee remaining in place thirty (30) days after the termination or expiration of the franchise shall be considered ccr-- mnneutiy abandoned. The City Engineer may extend such time net tc, exceed an zdciiticna1 thirty (30) days. (c) Any pr-,nerty of the grantee too be nbandoncd in place shall be abandoned in such manner as the City Engineer shall prescribe. Upon nerr' anent ab^ndennent cf the preperty of the grantee in rlace the prnnerty shall become that nf the City, and the grantee shall submit to the City ngineer an instrument in writing, to be agar ved by the City Attorney, transferrin" to the City the ewnershin cf such property. Secti' n 12. CFa.'e. GE REQUIRED BY PUBLIC I':?ROVEME1 TS . The grantee shall, at its e.x^Anse, protect, surpert, temporarily disconnect, relocate in the same street r nubile piece. r rem.ve from the street or other public place. any prop- erty •,f the grantee when required by the City Engineer by reason of traffic con-- iticns, public safety, street vecatien, freeway and street construction, change nr estehlishment -f street nrac'.e, installation nf sewer_, drains, water nines, rower lines, signal limes, and tracks yr any other type of structures or innrove- *ients by public e encies- provid :', however, that the grantee shall in all such cases have thn an: be subject t- the obli2atiens to abandon any nr^n- erty of the grr. tea in place, as rr:vided in Section_ 11 hereof. Section 13. F.c\ILURE TO PE .FORAl. STaEET „tr)Pda. Un.on failure of the grantee to commence. pursue, cr complete any work required by law or by the previsions of this Ordinance -'r by its fr-anchise to be , en_e in any street or other nubile place, within the tine prescriber, and to the satisfactim of the City Engineer, the City Engineer may, at his option, cause such work to be one and the grantee shall pay to the City the cost there)f in the itemized -mounts reported by the City Engi:. .r to the grantee within Thirty (30) days after receipt of such itemized. report. Section 14. FAITHFUL PER ORJ 5NCE BOND. (a) The grantee shall; concurrently with the filing of and acceptance f award of any franchise grrnted under this Ordinance, file with the City Clerk an.i at all tines thereafter maintain in full force and effect for the ter* :.f such franchise or any renewal thereof, at grantee's sole expense, a ccrnrrrte surety b ,nd in a c'npany and in a form approved by the City .A.tt::>rney, in the mount of Fifteen Thousand cellars ($15,000.00), renewable annually, Ind con- ditinned up.n the faithful perfcrr?ance of grantee, and upon the further condition that in the event grantee shall fail t comply with any :ne rr more of the pro- visiens of this OrCiranc_, cr of any franchise issue: to the grantee hereunder, there shall be -recnverable jointly anc severally free the principal and surety cf such bend any damages or 1^ss sufferee1 by the City as a result thereof, including the full amount of any c,mpensati-n; indennificatien, f_r nest of removal Jr abandon - 5 - merit of any proper plus a reasonable ref the bend; said such franchise and liquidated all of acceptance of said erivileee therein written notice of given to the City. 410 t of£hegrantee rantee as prescribed hereby which may be in default,. allowance for attorney's fees and coasts, up to the full_ mount condition to be a cc ntinuin _ obligation fes the duraticrof any renewal there»f and thereafter until the grantee has its cbli7.atiens with the City that ray have arisen frn the franchise cr renewal by the grantee •r fromits exercise cif any ;ranted. The bond shall provide that thirty (30) gays' 'prior intention not to renew, cancellat-f -, or eeteriel change, be (b) Neither the rrovisirns 'f this section, n^r. the City purse-nt hereto, n -r any damages recovered by the be c:nstrued t- excuse faithful 'merfcruance by the erantee -f the grantee under any franchise issued hereunder or f'r full amount of the bon. cr cthcrwise. Section 15. I'=NDT INIFIC/l I ICN OF CITY. (-) The grants.,: shall, concurrently with the filing c:f an acceptance of award of any fr-nchise granted under this Ordinance, furnish tc the City and file with the City Clerk, and at all times during the existence hereunder, r:•airitain in full force end effect at its -,; e f any franchise granted ar. c. st and ex^ens•_:: a liability insurance nolidy in the amount of One hundred thousand -Three huridr: _?. thcusnnd d"llars ($100-,000-$300,000) in a company approved by the City Tei anage in a form satisfactory to the City Attorney, indermnif ina and saving harmlessrt ed City, its officers and employees from and a;ainst any and .111 clair*se derma actions, suits; and proceedings by others, against all liability to ot�4� e including but not limited te any liability fer:darmages by reason of or arising out of any failure by the grantee to secure consents from the owner,, authorized distribuc 'r, ' r licensees cif pr- rams to be deliveredthe `� by h� grantees CATV system, and a'ainst any less, cost, expense and damages resulting therefrom, includinc reasonable attorney's fees, arising out of the exercise or enjoy irrespective of the a J enjoyment cf its: franchise. irrespective ;:.. mount cf the c�emnrehensive nobiliary insurance policy required hercun:er. any bend accented by City thereunder, shall or limit the liability daI1agos, either to the (b) The grantee shall, concurrently with the filing of an, acceptance •. f award of any franchise granted under this Or'.inance, furnish to the City; ani' !il., with the City Clerk, .:xan{ at all times during the existence cf anyfranchise eranted;.her Ku der r r�. ; t ,fin in full farce ar... effect, at its own cost inJ expense, general c'prehensive liability insurance policy, in protection of the City, its ff.ic; rs, boards, commissions, agents and ernlc!yees , in a company approved by the City Manager ter' a forn satisfactory to the City Att.srney, protecting the City all persons against liability fferloss or danaee for pers-nal injury,t- r:. property danaoe; cccaasioned bythe c 0 such �esth Pc-pati„nom f �r,anten under sufranchse; ith minimum liability limits of One hundred thousand d- llars ($10Q,000) f:,r per?c u^1 injury °r death of any cne person and Three hundred thous?r.;' � ollars 1300,000) fer personal injure or death of two or more eer.sons x in any one ccurrence, and Fifty thousand dehlers ($50,000) for dopase to property resulting (ren any -_:fle ,occurrence. (c) The p .licies rtentionec' in the foregoing paragraph shall nnyon the City, its officers, boar ds, curinissiens, :agents and employees, as additional insured and shall contain a erovisi'''.i that .a written notice of cancellation nr ro. uction in covera ee c f said policy shell be !eliverecl to the City ten (10) days in advance of the effective :date thcrec f - if such insurance is provided b y a nclicy which also cevers •r._rtee or any other entity or person other than those .h;Dv: named, then such nlicy shall cent'in the standar' cress -liability ;endorse- ent. Section 16. INSPECTION OF PROPERTY el,r0 RECORDS. (a) At all reasonable tines, thee grantee shall permit any duly muth: rized representative of the City te examine all pry_:terty of the grantee, togL mer with any apnurtenant eroperty of the grantee situates' within rr withcut The City, and to examine and transcribe any and all *raps and other recor-'s ke',t r -.intainec_ by the Grantee cr under its control which deal withx the ereratians, ffsirs, transactions or property of the grantee with respect t--' its franchise. any such Lars cr records are not kent in the City, ,er uoon reasennble request ;a:.e-.va11-.b1e in the City, end if the Council shall determine that an exonination -her::.f is necessary c.: arprorri^te, than all travel 2nd maintenance expense ecessar-i1y incurred in rnakine such examination shall be maid by the grantee. (b) The grantee shall prepare and furnish to the City '_engineer an;'. he Treasurer at the: times son-'. in th;: form nrescribed by either of saidcfficers, :uch reports with respect to its _eerations, affairs, transactions r nrorcorty, as 2 A st tement and description of the C 'V system ropose.'. to be ( ) P Y p constructed, installed, maintained or operated by the applicant; the proposed loca- tion of such systen and its various carncnents; the ria_nner in which applicant pro- poses to construct, install, maintain and operate the same; and, particularly, the extent and banner in which existing or future poles cr other facilities of other public utilities will be used for such systen. (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 er maintain any CATV equipment or facilities; a detailed des- cription of the eouipment cr facilities proposed to be constructed, installed or maintained therein and the proposed specific location there.f> (4) A nap specifically showine and. delineating the proposed service area or ares within which applicant proposes to provide CATV services and for which a franchise is requested. (5) A statement or schedule in a form anproved by the City Manager of pre', led rates and charges to subscribers for installation and services, and a copy of proposed service eereement between the grantee and its subscribers shall accompany the a*e^ligation. For unusual circumstances, such as un'erground cable required, or more than One -Hundred Fifty :150) feet of distance from cable to connection of service to subscribers, ae additional installation charge over that normally charred for installation as specified in the applicant's proposal may be charged, with easements tc be supplied by subscribers. Por 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. (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 es poles, lines, or conduits. (7) A statement setting forth all agreements and understandings, whether written oral or implied_, existing; between the ap:T.icent 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 corporation, and such information is not disclosed in the original application, such franchise shall be deemed voidand of no force and effect whatsoever. (8) A financial statement prepared by a certified public accounctant or person otherwise satisfactory to the Council, showing applicant's financial status and his financial ability to complete the construction and installaticr of the propose' CATV system. (9) The Council nay at any tine demand, and applicant shall provide, such supplementary, additional or other information as the Council nay deem reason- obly 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 grant a franchise for a CATV systen 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 .'.n subscribers in the City. The Council's decision in the matter shall be final. If favorable considered, the application submitted shall constitute and form part of the franchise as granted. (c) Any franchise granted pursuant to this Ordinance shall include the followine condition; "The CATV system herein franchised shall be used and operated solely and exclusively fcr the purpose expressly authorized by Ordinance of the City of Beaumont and no other purpose whatsoever." Inclusion of the foregoing statement in any such franchise shall not be deems', to limit the authority of the City to include any other reasonable condi- tien;, limitation or restriction which it may deem necessary to impose in connec- tion with such franchise pursuant to the authority conferred by this ordinance. Section 21. FRANCHISE RENEWAL. Any franchise granted uu:.'_or this Ordinance is renewable at the application of the grantee, in the sane manner .and upon the sage terms and cen<'itions as required herein for obtaining the original franchise, except those which are by their terns expressly inapplicable; provided, however, that the Council rkty at its option waive compliance with any or all of the require- ments of Section 20 heraof. - 8 - • 4 may be reasonably necessary or appropriate to the .' rfrr:ance of any of the rights functions or duties of the City or any of its officers in connection with the franchise:. (c) The Grantee h111 •.t ^11 '_: _ . t . fi_li complete plans and records she •wi__. the exact lncation cf ~:11 CATV syster . equiprent installed or in use in streets and other public places in the City. (d) The grantee shall file with the City Engineer en or before the last day in March of each year, a current map or set of naps drawn to scaleshowing all CATV systen equipment installs_'. and in place in streets an other public places of the City. Sectin 17. OPERATIONAL STArDARL'S. The CATV system shall be installed and naintaine' in accordance with the highest .^.n' best accepter' stan:lar .s cf the industry to the effect that subscribers shall receive: the highest possible service. In 'etertining the satisfactcry extent of such stanOards the following among others shall be cc nsic'eree (a) That the system, as installer'- using all bane' equipment capable of passing the entire VHF and Fr spectrum, and that it have the further capability cf convertins TJEp for distribution to subscribers on the VHF band. (b) That the system, as installe , be c:pable of passing stnnc, rc color TV signals without the intrc-'uction of in.^terial degradation en color fidelity intelligence. (c) That the system and all equipment be .'.esigne:'. and rate: for 24-hour ger day c ntinucus operation. (_'.) That the system provi:'es a nominal signal level of 2000 microvolts at the input terpin^ls of each TV receiver. (o) That the sys*c^: signal--to--noise ratio is not less than 40 .ecibels. kr) Thnt Len r;roc::elation of the picture signal is less than 5%. (g) Tint the systen use components Navin. a VSWR of 1.4 or less. Section 13. MISCELLANEOUS PROVISIONS. (a) When not otherwise prescribee herein, e11 matters herein require' to be filed with the City shc11 be filer'with the City Clerk. (b) The grantee shall pay to the City e sum of money sufficient to reimburse it for .:11 nubl-cation expenses incurrei by it in ccnnectic:n with the erantinr -f a franchise 'iursuant to the previsions of this Ordinance. Such _•_:yrent shall be r;'.e within thirty (30) days after the City furnishes the gr=antee with a written statement of such ::x.eenses by delivery of sane to the Tre.-_surer. (c) The grantee shall _::sint:'in an office within the City limits or at a location which subscribers hey call without incurring p'''cos. r-:cessape or toll charc;es so that CATV maintenance service shall be pr en tly available to sub- scribers. (.') Na person, firm or cerporation in the e:::istin' service area of the gr ntec shall be arbitrarily refused service. provic'e :, however, that the grantee shall not be requiree to provi e service to any subscriber who .Foes not pay the applicable connection fee or monthly service charge. Sect i:;n 19. USE OF UTILITY POLES & FACILITIES' ^:.Cn. :t1E T, Phen any o':rtic n of the CATV system is to be instclle' en public utility r_ ales are: facilities, certified topica of the agreements for such joint use of ,. an facilities shall be file with the City Clerk. . _ Secti::n 20 APPLICATION FOR FRANCHISE. (a) Application for a frenchise hereun:.er shall be iii writing, shall be fila' with the City Clerk, and shall contain the follnwine i.nfcrnation: (1) The nome an: a'eress of the applicant. If the applicant is a partnership, the nam an; z.Yress cf each partner shall elso b:: set forth. If the applicant is a corper^tion, the applicatinn shall also state the names enc' a: r: sses of its 'irectors, =Gin offices, major stockholders ane associates, .and the nares an' a:.:'_resses of parent and suhsi'iary companies. - 7 - Section 22. ACCEFCE AND EFFECTIVE DATE OF FRANCE. (a) No franchise granted pursuant to the provisions of this Ordinance shall become effective unless and until the ordinance granting same has become effective and, in addition, unless and until all things required in this Section and Sections 14, 15(a) and 15(b) hereof 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 awarding a franchise, or within such extended period of time as the Council in its discretion may authorize, the grantee shall file with the City Clerk his written acceptance, in form satisfactory to the City Attorney, of the franchise, together with the bond and insurance policies required by Sections 14, 15(a) and 15(b) hereof, respectively, and his agreement to be bound by and to comply with and to do all things required of him by the provisions of this Ordinance and the franchise. Such acceptance and agreement shall be acknowledged by the grantee before a notary public, and shall be in form and content be satisfactory to and approved by the City Atto:ney. Section 23. VIOLATIONS. (a) From and after the effective date of this Ordinance, it shall be unlawful for any person to establish, operate or to carry on the business of dis- tributing 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 Ordinance, and unless such franchise is in full force and effect. (b) From and after the effective date of this Ordinance, 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 subdivisior map approved by the City, any equipment or facilities for distributing any televi- sion signals or radio signals through a CATV system, unless a franchise authoriz- ing such use of such street or property or area has first been obtained pursuant to the provisions of this Ordinance, and unless such franchise is in full force and effect. (c) It shall be unlawful for any person, firm or corporation to make any unauthorized connection, whether physically, electrically, acoustically, inductivel., 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, pro- grams, or sound. (d) 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 enabling himself or others to receive any television signal radio signal, picture, program or sound, without payment to the owner of said syste (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, program or sound. (f) PENALTIES. Any person violating any of the provisions of this Ordinaace shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not to exceed $500.00 dollars or be imprisoned in the County Jail for a period not to exceed 6 months or be both so fined and imprisoned. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. Section 24. SEVERABILITY. If any section, subsection, sentence,clause or phrase of this Ordinance 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 de- clares that it would have passed this Ordinance and each section, subsection, sentence, clauag,<and phrase hereof, irrespective of the fact that any one or mors: sections, subsections, sentences, clauses, or phrases be declared illegal, invalid or unconstitutional. The invalidity of any portion of ;;this Ordinance shall not abate, reduce or otherwise affect any consideration or other obligation required o the grantee of any franchise granted hereunder. - 9 - - -• 110 o Section 25. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published once in the DAILY RECORD -GAZETTE, a news- paper of general circulation, in the City of Beaumont, and this Ordinance shall be in full force and effect thirty days after its adoption. PASSED AND ADOPTED this 16th day of June , 1969. Mayorof the City of Beaumont, Californir ATTEST: City Clerk of the City of Beaumont STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF BEAUMONT ) I, MAE B. GOULARTE, City Clerk of the City of Beaumont, California, hereby certify that the foregoing Ordinance was introduced and read at a regular meeting of the City Council of said City duly held on the 27th day of May,1969, and that the same duly passed and adopted at an adjourned regular meeting held on the 16th day of June, 1969, by the following vote; AYES: Councilman Rodeman, Mason, Kief, Hightower and Haskell. NOES: Nene ABSENT: NONE WITNESS my hand the official seal of the City Beaumont this 17th day of June , 1969. CITY CLERK -(SEAL)