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".
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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.
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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,
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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.
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(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
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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.
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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
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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.
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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.
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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.
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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)