HomeMy Public PortalAboutOrd. 1091~~ _ -
ORDII7ANCE A'O. 1091
Atd ORDIP7ANCE OF THE CITY OF LYNja'OOD
ADDING CHAPTER 10 TO THE CODE OF THE
CITY OF LYNWOOD ESTABLISHING A PRO-
CEDURE FOR THE GRANTING OF FRANCHYSES
FOR CABLE TELEVISION SYSTEMS
THE CITY COUNCIL OF TAE CITY OF LYNWOOD DOES ORDAIN AS
FOLLOWS:
SECTION I.
Chapter 10 hereby is added to the Code of the City of
Lynwood to read as follows:
_ CHAPTER 10
COh1MUNITY ANTENiIA TELEVISION SYSTEMS
SECTION 10-1 - 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 singu-
lar number, and words in the singular number include the
plural number:
(a) "City" shall mean the City of Lynwood, 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) "City Engineer" shall mean the city engineer or
any other person appointed to carry out any of the powers
and duties assigned to the city engineer in this ordinance.
(c) "City Manager" shall mean the city manager or any
other person appointed to carry out any of the powers and
duties assigned to the city manager in this ordinance.
(d) "Council" shall mean the present governing body of
the City of Lynwood or any future board constituting the
legislative body of the City.
(e) "Franchise" shall mean and include any authoriza-
tion granted hereunder in terms of a franchise, privilege,
permit, license or otherwise to construct, operate and main-
tain a cable television system within all or a specified
area' in the City. Any such authorization, in whatever form
granted, shall not mean and include any license or permit
required for the privilege of transacting and carrying on a
business within the City as required by other ordinances and
laws of this City.
(f) "Person" shall mean any natural person and all
domestic and foreign corporations, associations, syndicates,
joint stock corporations, partnerships of every kind, clubs,
business or common law trusts, and societies.
(g) "Grantee" shall mean the person, firm or corporation
granted a franchise by the Council under this ordinance, and
'the lawful successor,-transferee or assignee of said person,
firm or corporation.
_ (h) "Street" shall mean the surface, the air space
above the surface and the area below the surface of any
public street, other public right of way or public place,
including public utility easements.
(i) "Property of Grantee" shall mean all property
owned, installed, or used within the City by a Grantee in
the conduct of a cable television system business under the
authority of a franchise granted pursuant to this chapter.
(j) "Subscriber" or "User" shall mean any person or
entity receiving for any purpose any service of the Grantee's
cable-television system including;-:.but not limited to, the
conventional cable television system service of retransmission
of television broadcast, radio signals, Grantee's original
cablecasting, and the local government, education and public
access channels; and other services, such as leasing of
channels, data and facsimile_trahsmission, pay television,
and police, fire and similar public service communication.
(k) "Cable television system" and "CATV" for the
purpose of this chapter, are terms describing a system
employing antennae, micro-wave, wires, wave-guides, coaxial
cables, or other conductors, equipment or facilities, design-
ed, constructed or used for the purpose of:
(1) collecting and amplifying local and distant
broadcast television or radio signals and
distributing and transmitting them;
(2) transmitting original cablecast programming
not received through television broadcast
signals;
(3) transmitting television pictures, film and
video-tape programs, not received through
broadcast television signals, whether or not
encoded or processed to permit reception by
only selected receivers;
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(4) transmitting and receiving all other signals:
digital, voice and audio-visual;
provided, however, that any of .the services, permitted here-
under to be performed, as described above, shall be those
performed by the Grantee for subscribers, as herein defined,
in the operation of a cable television or CATV system fran-
chised by the City and not otherwise.
SECTION 10-2 - Franchise to install and operate.
(a) A non-exclusive franchise to install, construct,
operate, and maintain a cable television system on streets
within all or a specific portion of the City may be granted
by the Council to any person, whether or not operating under
an existing franchise, who or which offers to furnish and
provide such system under and pursuant to the terms and
provisions of this chapter.
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No provision of this chapter may be deemed. or construed
as to_sequire 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.
(b) When and in the event that the Grantee of any
franchise granted hereunder uses in his cable television
system distribution channels furnished to the Grantee by 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".
SECTION. 10.-3 - Cable television,service.
(a) Basic Service. The cable television system permitted
to be installed and operated hereunder shall:
__ _.__ (1) be operationally capable of relaying to
subscriber terminals those television and
radio broadcast signals for .the carriage of
which the Grantee is now or hereafter authorized
by the Federal Communications Commission;
(2) be constructed with the potential of two-way
digital -signal transmission;
(3) distribute color television signals which it
receives in color;
(4) provide at least one (1) channel, without
charge, for exclusive use of the City;
(5) provide at least one (1) channel each for
educational and public access uses;
(6) the operator of each such system shall make
available all other unused channels, in ad-
dition to those which are part of the system's
activated channel capability, for the purposes
specified in paragraphs (4) and (5): Provided,
however, that in making available such additional
channels the system operator shall be under no
obligation to install converters.
(b) Non-basic services. The cable television system
permitted.to be installed and :operated hereunder, may also
engage in the business of:
(1) transmitting original cablecast programming
not received through television broadcast
signals;
(2) transmitting television pictures, film and
video-tape programs, not received through
broadcast television signals, whether or not
encoded or processed to permit reception by
only selected receivers or subscribers;
(3) transmitting and receiving all other signals:
digital, voice and audio-visual.
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(c) Subscriber complaints. In addition to other
-service regulations adopted by the Council ,. and excepting
circumstances beyond Grantee's control, such as natural
disasters, riots and civil disturbances, and in providing
the foregoing services, the Grantee shall:
(1) limit system failures to minimum time duration
by locating and correcting malfunctioning
promptly, but in no event longer than twenty-
four (24) hours after occurrence, irrespective
of holidays or other non-business hours;
(2) upon complaint by a subscriber, make a demon-
stration satisfactory to the city engineer
that a signal is being delivered which is of
sufficient strength and quality to meet the
.,
- standards set forth in the regulations of the
Federal Communications Commission, or in
regulations hereafter adopted by the Council;
(3) render efficient service, making repairs
promptly and interrupting service only for
good cause and for the shortest time possible.
Planned interruptions, insofar as possible,
shall be preceded by notice given to subscribers
twenty-four (24) hours in advance and shall
occur during periods of minimum use of the
system;
(4) maintain an office in the city or in-the
general area, which office shall be open
during all the usual business hours, with its
telephone listed in directories of the tele-
phone company serving the city, equipped with
toll-free telephone service and be so operated
that complaints and requests for repairs or
adjustments may be received toll-free at any
time, day or night, seven days a week;
(5) maintain a written record, or "log", listing
date of customer complaints, identifying the
subscriber and describing the nature of the
complaint, and when and what action was taken
by Grantee in response thereto; said record
shall be kept at Grantee's local office, for
a period of five (5) years from the date when
the system is first energized, and shall be
available for inspection during regular
business hours, without further notice or
demand, by the city engineer.
(d) Municipal service.
(1) With respect to the local government channel;
the Grantee shall provide,, at the request of
the city engineer, and upon City reimbursement
of Grantee's actual cost, use of Grantee's
studio, equipment and technical services for
production of live and video-tape municipal
programs, subject to scheduling requirements
of the Grantee;
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(2) With respect fo the basic television services,
the Grantee shall provide all subscriber
services, and a tie-in connection, without
cost, when the system passes such facilities
and as designated by the Counc il, to
(i) public schools and community colleges
within the City, and
(ii) buildings owned and controlled by the
City, used for public purposes and not
for residential use (fire and police
stations excepted).
(e) Compatibility and connectibility.
-- - (1) It is .the desire of the City that all cable
television systems franchised hereunder
shall, insofar as financially and technically
possible, be compatible one with another and
with systems adjacent, to the City.
(2) Wherever it is financially and technically
_feasible, the Grantee shall so construct,
operate and modify the system so as to tie
the same into all other systems within and
adjacent to the City.
(f) Uses permitted. 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 cable television system in the City, and for
that purpose to install, construct, repair, replace, recon-
struct, maintain and retain in, on, under, upon, across and
along any street, such wires, cable, conductors, ducts,
conduit, vaults, manholes, amplifiers, and appliances,
attachments, and other property as may be necessary and
appurtenant to the cable television system; and, in addition,
so to use, operate, and provide similar facilities or proper-
ties rented or leased from other persons, firms or corpora-
tions, including but not limited to any public utility or
other Grantee franchised or permitted to do business in the
City.
SECTION 10-4. Franchise payments.
(a) In consideration of the granting and exercise
of a franchise to use the streets, as herein defined, for
the operation of a cable television system, any Grantee shall
pay to the City, during the life of the franchise, three (3)
percent of the franchisee's gross revenues per year from all
cable services in the City except that, to the extent
that the Federal Communications Commission, in its Rules
and Regulations, at some time in the future allows a City
to raise the franchise fee to 5~ absent the showings currently
required by Section 76.31 of the Rules and Regulations of
the Federal Communications Commission, the City reserves the
right to increase the franchise fee to a level of 5~.
(b) The percentage payments shall be made in the
manner, amounts and at times directed in said franchise or
in a Council resolution fixing franchise fees and adopting
rules for service and rate regulation:
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(c) No acceptance of any payment shall be construed as
a release or 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.
SECTION 10-5 - Franchise term: duration and termination
(a) The franchise granted by the Council under this
ordinance shall be for a term of fifteen (15) years from the
date of its acceptance by the Grantee.
(b) The City may terminate any franchise granted
pursuant to the provisions of this ordinance in the event of
the willful failure, refusal or neglect by Grantee to do or
comply with any material requirement or limitation contained
`in'fhis ordinance;'or any material rule or regulation of the
Council or city engineer validly adopted pursuant to this
ordinance.
(c) -The city engineer may make written demand that the
Grantee do or comply with any~such requirement, limitation,
term, condition, rule or regulation. If the failure, refusal
or neglect of the Grantee continues for a period of thirty
(30) days following such written demand,. the city engineer
may place his request for termination of the franchise upon
the next regular Council meeting agenda. The city engineer
shall cause to be served upon such Grantee, at least ten
(10) days prior to the date of such Council meeting, a
written notice of his intent to request such termination,
and the time and place of the meeting, notice of which shall
be published by the city clerk at least once ten (10) days
before such meeting in a newspaper of general circulation
within the city.
(d) The Council shall consider the request of the city
engineer and shall hear any persons interested therein, and
shall determine, in its discretion, whether or not any
failure, refusal or neglect by the Grantee was with just
cause.
(e) If such failure, refusal or neglect by the Grantee
was with just cause, the Council shall direct the Grantee to
comply within such time and manner and upon such terms and
conditions as are reasonable.
(f) If the Council shall determine such failure,
refusal or neglect by the Grantee was without just cause,
then the Council may, by resolution, declare that the franchise
of such Grantee shall be terminated and forfeited unless
there be compliance by the Grantee within such period as the
Council may fix.
(g) The termination and forfeiture of any franchise
shall in no way effect any of the rights of the City under
the franchise or any provision of law.- -
(h) In the event of any holding over after expiration
or other termination of any franchise granted hereunder,
without the prior consent of the City, expressed by resolution,
the Grantee shall pay to the City reasonable compensation
and damages, of not less than one hundred percent (100€) of
its gross revenue during said period.
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SECTION 10-6 - Applications for franchise.
(a) Each application for a franchise to construct,
operate, or maintain any cable television systems in this
City shall be filed with the city clerk and shall contain or
be accompanied by the following:
(1) The name, address, and telephone number of
the applicant;
(2) A detailed statement of the corporate or
other business entity organization of the
applicant, including but not limited to, the
following and to whatever extent required by
the City:
(i) The 'names,, residence and business addresses
"' ~ of all officers", directors, and associates
of the applicant.
(ii) The names, residence and business addresses
of all officers, persons and entities
' having, controlling, or being entitled
to have or control of 58 or more of the
'~ ownership of the applicant and the
respective ownership share of each such
person or entity.
(iii) the names and addresses of any parent or
subsidiary of the applicant, namely, any
other business entity owning or controlling
applicant in whole or in part or owned
or controlled in whole or in part by
the applicant, and a statement describing
the nature of any such parent or subsidiary
business entity, including but not limited
to cable television systems owned or
controlled by the applicant, its parent and
subsidiary and the areas served thereby.
(iv) a detailed description of all previous
experience of the applicant in providing
cable television system service and in
related or similar fields.
(v) a detailed and complete financial state-
ment of the applicant, prepared by a
certified public accountant, for the fiscal
year next preceding the date of the applica-
tion hereunder, or a letter or other accept-
able evidence in writing from a recognized
lending institution or funding .source,
addressed to both the applicant and the
Council, setting forth the basis for a
study performed by such lending institution '
or funding source, and a clear statement
of its intent as a lending institution -
or funding source to provide whatever
capital shall be required by the applicant
to construct and operate the proposed
system in the City, or a statement from
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a.certifed ublic accountant certifying
that the applicant has available sufficient
free, net and uncommitted cash resources
to construct and operate the proposed
system in this City.
(vi) a statement identifying, by place
and date, any other cable television fran-
chise(s) awarded to the applicant, its parent
or subsidiary; the status of said franchise(s)
with respect to completion thereof; the
total cost of completion of such system(s)-
and the amount of applicant's and its parent's
or subsidiary's resources committed to the
completion thereof.
(b) A detailed description, of the proposed plan of
operation of the applicant which shall include, but not be
limited to, the following:
(1) a detailed map indicating all areas proposed
to be served, and a proposed time schedule
for the installation of all equipment necessary
to become operational throughout the entire
~area to be served.
(2) a statement or schedule setting forth all
proposed classifications of rates and charges
to be made against subscribers and all rates
and charges as to each of said classifications,
including installation charges and service
charges.
(3) a detailed, informative, and referenced
statement describing the actual equipment and
operational standards proposed by the applicant
and that such standards of operations are in
compliance with those contained in Title 47,
Subpart K (Section 76.601 et seq.), of the
Rules and Regulations of the r^ederal Com-
munications Commission.
(4) a copy of the form of any agreement, under-
taking, or other instrument proposed to be
entered into between the applicant and any
subscriber.
(5) a detailed statement setting forth in its
entirety any and all agreements and under-
takings, whether formal or informal, written,
oral, or implied, existing or proposed to
exist between the applicant and any person,
firm, or corporation which materially .relate
or pertain to or depend upon the application
and the granting of the franchise.
(c) A copy of any agreement covering the franchise
area, if existing between the applicant and any public
utility subject to regulation by the California Public
Utilities Commission providing for the use of any facilities
of the public utility, including but not limited to poles,
lines, or conduits.
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(d) Any other details, .statements, information or
-references pertinent to the subject matter of such application
which shall be required or requested by the Council, or by
any provision of any other ordinance, rule or regulation of
the City.
(e) An application fee in the sum of $1,500.00 which
shall be in the form of cash, certified or cashier's check,
or money order, to pay the costs of studying, investigating
and otherwise processing such application, and which shall
be in consideration thereof and not returnable or refundable
in whole or in part; provided, that any applicant who shall
deliver to the City Clerk a written withdrawal of or cancel-
lation of any application hereunder, not later than the
seventh (7th) day next following the day such application is
received by the City Clerk, shall be entitled to-have re-
__..___.. _ ., turned. and refunded the sum_ofx$3,000.00.1ess any actual
costs or expenses incurred by the City by reason of such
application.
(f) The Council may, by advertisement or any other
means, solicit and call for applications for cable television
system franchises, and may determine and fix any date upon
or after which._the same shall be received 'by the City, or
the date before which the same must be received, or the date
after which the same shall not be received, and may make any
other determinations and specify any other times, terms,
conditions, or limitations respecting the soliciting, calling
for,. making and receiving of such applications.
The Grantee shall pay to the City a sum of money sufficient
to reimburse if for all publication expenses incurred by it
in connection with the granting of a franchise pursuant to
the provisions of this ordinance. Such payment shall be
made within thirty (30) days after the City furnishes the
Grantee with a written statement of such expenses.
(g) Upon receipt of any application for franchise, the
Council shall refer the same to the city engineer who shall
prepare a report and make his recommendations respecting
such application, and cause the same to be completed and
filed with the Council within thirty (30) days.
(h) In making any determination hereunder as to any
application the Council may give due consideration to the
quality of the service proposed, rates to subscriber, income
to the City, experience, character, background, and financial
responsibility of any applicant, and its management and
owners, technical and performance quality of equipment,
willingness and ability to meet construction and physical
requirements, and to abide by.policy conditions, franchise
limitations and requirements, and any other considerations
deemed pertinent by the Council for safeguarding the interests
of the City and the public. The Council, in its discretion
shall determine the award of any franchise on the basis of
such considerations and without competitive bidding. _ __. __ ____
If the Council shall determine to reject such application,
such determination shall be final and conclusive, and the
same shall be deemed rejected.
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(i) If the Council shall determine to further consider
the application, the following shall be done:
(1) .the Council shall decide and specify the.
terms and conditions of any franchise to be
granted hereunder and as herein provided;
(2) the Council shall pass its resolution of
intention to consider the granting of such a
franchise, giving notice of receipt of the
application, and describing the character of
the franchise desired, stating the name of
the proposed Grantee, the character of the
franchise, the terms and conditions upon
which such franchise is proposed to be granted,
that copies of the proposed franchise may be
obtained at the office of the City Clerk,
`" - fixing and. setting forth a day, hour, and
place certain when and where any persons
having any interest therein or objection to
the granting thereof may file written protests
and appear before the Council and be heard,
and directing the City Clerk to publish said
resolution at least once within ten (10) days
of the passage thereof in a newspaper in
`general circulation within the City.
(j) At the time set for the hearing, or at any adjournment
thereof, the Council shall proceed to hear all written
protests. Thereafter, the Council shall make one of the
following determinations:
(1) that such franchise be denied; or
(2) that such
terms and
resolutio
(3) that such
the terms
specified
grant the
franchise be granted upon the
conditions as specified in the
n of intention to grant the same; or
franchise be granted, but upon
and conditions different from those
in the resolution cf intention to
same.
(k) If the Council shall determine that a franchise be
denied such determination shall be expressed by resolution
and shall be final and conclusive.
Zf the Council shall determine that a franchise be granted
upon the terms and conditions as specified in the resolution
of intention to consider granting the same, such determination
" ' shall be expressed by ordinance granting a franchise to the
applicant.
If the Council shall determine upon granting a franchise
upon terms and conditions different from those specified in
the resolution of intention to consider granting the same,
then such determination shall be expressed by resolution
adopted prior to granting a franchise by ordinance.
SECTION 10-7. Deposits; bonds; indemnifications; insurance.
(a) Performance Bond to City.
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Upon being granted a franchise, and upon the filing of the
acceptance required under Section 10-8 hereof, the Grantee
shall file with the City Clerk and shall thereafter, annually,
during the entire term of such franchise, maintain in full
force and effect a corporate surety bond or other adequate
surety agreement in such amount and kind a~ shall have been
approved by the Council. The bond or agreement shall be so
conditioned that in the event that Grantee shall fail to
comply with any one or more of the provisions of this ordinance
or of such franchise, then there shall be recoverable jointly
and severally from the principal and surety any damages or
loss, or costs suffered or incurred by the City as a result
thereof, including attorneys' fees and costs of any action
or proceeding, and including the full amount of any compensa-
tion, indemnification, cost of removal or abandonment of any
property or other costs which may be in default, up to the
full principal amount of such bond. Said condition shall be
r-a continuing obligation--during ahe-entire term of such
franchise and thereafter until Grantee shall have satisfied
in full any and all obligations to the .City which arise out
of or pertain to said franchise: .Neither the provisions of
this Section, nor any bond accepted by-the City pursuant
hereto,-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 pursuant to this ordinance or for damages
either to the full amount of the bond, or otherwise.
(b) Performance Bond for Subscribers.
Upon being granted a franchise, and 'upon filing of the
acceptance required under Section 10-8 hereof, the Grantee
shall file, annually, with the City Clerk and shall there-
after during the entire term of such franchise maintain in
full force and effect a corporate surety bond, or other
adequate surety agreement, in the amount as shall have been
approved by the Council. The bond or agreement shall be so
conditioned that in the event such Grantee shall fail to
comply with any one or more of the provisions of any agree-
ment or undertaking made between Grantee and any subscriber,
then there shall be recoverable jointly and severally from
the principal and surety any damages or costs suffered or
incurred by any subscriber as a result thereof, including
reasonable attorneys' fees and costs of any action or pro-
ceeding. Said condition shall be a continuing obligation
during the entire term of such `franchise and thereafter
until Grantee shall have satisfied in full any and all
obligations to any subscriber which arise out of or pertain .
to any such agreement or undertaking.•
(c) Hold Harmless Agreement.
Grantee shall indemnify and hold harmless the City, its
officers, boards, commissions, agents and employees, against
and from any and all claims, demands, causes of actions,
actions, suits, proceedings, damages (including but not
limited to damages to City property and damages arising out
of copyright infringements, and damages arising out of any
failure by Grantee to secure consents from the owners,
authorized distributors or licensees of programs to be
delivered by Grantee's cable television system), costs or
liabilities (including costs or liabilities of the City with
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respect to its employees), of every kind and nature what-
soever, including bu.t_not limited to damages for injury or
death or damage to person or property, and regardless of the
merit of any of the same, and against all liability to.
others, and against any loss, cost, and expense resulting
or arising out of any of the same, including any attorney
fees, accountant fees, expert witness or corssultant fees,
court costs, per diem expense, traveling and transportation
expense, or other costs or expenses arising out of or
pertaining to the exercise or the enjoyment of any franchise
hereunder by Grantee, or the granting thereof by the City.
(d) Defense of Litigation.
Grantee shall at the sole risk and expense of Grantee, upon
demand of the City, made by and through the City Attorney,
appear in and defend any and_,_all suits, actions,_ or other
"' legal proceedings; whether .judicaIy quasi-judicial, admin-
istrative,,legislative, or otherwise, brought or instituted
or had by third persons or duly constituted authorities,
against or affecting the City;-:it's officers, boards, commis-
sions, agents, or employees,. and. arising out of or pertain-
ing to the exercise or the enjoyment of such franchise or
the granting thereof by the City.
Grantee shall pay and satisfy and shall cause to be paid and
satisfied any judgment, decree, order, directive, or demand
rendered, made or issued against Grantee, the City, its
officers, boards, commissions, agents, or employees in any
of these premises; and 'such indemnity shall exist and con-
tinue without reference to or limitation by the amount of
any bond, policy of insurance, deposit, undertaking or other
assurance required hereunder, or otherwise; provided, that
neither Grantee nor City shall make or enter into any compro-
mise or settlement of any claim, demand, cause of action,
action, suit, or other proceeding, without first obtaining
the written consent of the other.
(e) Insurance Required.
Upon being granted a franchise, and upon the filing of the
acceptance required under Section 10-8 hereof, the Grantee
shall file with the City Clerk and shall thereafter during
the entire term of such franchise maintain in full force and
effect at its own cost and expense each of the following
policies of insurance:
(1) General Comprehensive Liability Insurance
in the amount of One Million Dollars ($1,000,000
together with Eodily Injury Liability Insurance
in an amount not less than Five Hundred
Thousand Dollars ($500,000.) for injuries
including accidental death, to any one person,
and subject to the same limit for each person
in an amount not less than One Million Dollars
($1,000,000.) on account of any one occurrence,
and Property Damage Limit Insurance in an
amount not less than One Million Dollars
($1,000,000.) resulting from any one occurrence;
provided, however, as follows:
(i) the City shall be named as an additional
insured. in any of said insurance policies;
and
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(ii) where such insurance is provided by a
policy .which also covers Grantee or any
other entity or person, it shall contain
the standard cross-liability endorsement.
SECTION 10-8 - Acceptance of the Franchise.
(a) No franchise granted under this ordinance shall
become effective for any purpose unless and until written
acceptance thereof shall have been filed with the City
Clerk. Written acceptance, which shall be in the form anc
substance approved by the City Attorney, shall also be and
operate as an acceptance of each and every term and con-
dition and limitation contained in this ordinance, or in
such franchise, or otherwise specified as herein provided.
(b) The written acceptance shall be filed_by the
':. Grantee not later than 12:O1;o'clock P.M. of the fortieth
(40th) day next following the"effective date of the ordinance
granting such franchise.
(c) In default of the filing of such written acceptance
as herein-required, the Grantee shall"be deemed to have re-
jected and repudiated the franchise. Thereafter, the accept-
ance of the Grantee shall not be received nor filed by the
City Clerk. The Grantee shall have no rights, remedies, or
redress in the premises, unless and until the Council, by
resolution, shall determine that such acceptance be received
or filed, and then upon_ such terms and conditions as the
Council may impose.
(d) In any, case, and in any instance, all rights,
remedies and redress in these premises which may or shall be
available to the City, shall at all times be available to
the City, and shall be preserved and maintained and shall
continuously exist in and to the City, and shall not be in
any manner or means modified, abridged, altered, restricted,
or impaired by reason of any of these premises, or otherwise.
(e) Any franchise granted and accepted under this
ordinance shall be in lieu of any and all other rights,
privileges, powers, immunities, and authorities owned,
possessed, controlled, or exercisable by the Grantee, of or
pertaining to the construction, operation, or maintenance of
any cable television systems in.the City.
SECTION 10-9 Limitations of.Franchise.
(a) Every franchise granted under this chapter shall
be non-exclusive. ~.. ...,.
(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 to 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 involuntary sale,
-13-
or by voluntary sale, merger, consolidation or otherwise,
without 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, such as a bill of sale, or
similar document, 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 con-
sent of the Council may not be unreasonably refused; pro-
vided, however, the proposed assignee must show financial
responsibility as determined by the Council and must agree
to comply with all provisions of this ordinance; and provi-
ded, further, that no such consent shall be required for a
transfer in trust, mortgage, or other hypothecation, in
whole or in part, to secure an indebtedness, except that
when such hypothecation shall exceed 50~ of the market value
of the property used by the franchisee in the conduct of the
-...... cable_television system, prior-consent of the Council shall
be required for such a transfer.< Such consent shall not be
withheld unreasonably.
In the event that Grantee is a.corporation, prior approval
of the.City Council, expressed. by ordinance, shall be requir-
ed where there is an actual change in control or where
ownership of more than 50~ of the voting stock of Grantee is
acquired by a person or group of persons acting in concert,
none of whom already own 50$ or more of the voting stock,
singly or collectively. Any such acquisition occurring
without prior approval of the City Council shall constitute
a failure to comply with a provision of this ordinance
within the meaning of Section 10-5 of this ordinance.
(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 ordinance 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.
(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 ordinance
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 obligations involved in obtaining pole or
conduit space from any department of the City, utility
company, or from others maintaining utilities in streets.
(j) 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
-14-
or pertaining to the construction, operation, or maintenance
of any cable aelevision system in the City;. and the.accept-
ance 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, and all construction, operation and maintenance by
any Grantee of any cable television 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 hereunder or pursuant to any other right, privilege,
power, immunity, or authority whatsoever.
SECTIOtd 10-10 Rights reserved to the City.
The City reserves the power to adopt and enforce require-
--.,,;.;. _., ments.:and regulations,on any.-.or_.a11 of the following matters,
if .and when deemed necessary and. proper in the public inter-
est in the discretion of the City Council and is consistent
with Rules and Regulations of the Federal Communications
..Commission: _- -.
(a) Procedures for the periodic fixing of reasonable
rates and service charges to be charged to' subscribers by
Grantee, and provisions for the enforcement thereof.
(b) Operational standards pertaining to the quality of
audio-visual reception by subscribers.
(c) Channel capacity requirements.
(d) Requirements for carriage of specified television
signals, radio signals, and supplementary signal carriage
services.
(e) Requirements for the provision of equipment and
channels for local production and presentation of cablecast
programs, and regulations pertaining thereto.
(f) Requirements and regulations pertaining to minimum
service requirements and fair business practices by the
Grantee.
(g) Public safety requirements pertaining to the
installation and use of all CATV equipment.
(h) Procedures for the investigation and resolution of
all complaints by subscribers regarding Grantee's CATV
operations, including implementation thereof by designated
City officers, employees, br=agents.
(i) There is hereby reserved to the City every right
and power which-is required to be herein reserved or provid-
ed by any law and the Grantee, by its acceptance of the
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 estab-
lished.
(j) 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
-15-
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
shall be construed to contract away or to modify or abridge,
whether for a term or in perpetuity, the City's right of
eminent domain.
(k) 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.
(1) The Council may do all things which are necessary
and convenient in the exercise of its jurisdiction under
this ordinance and may determine any question of fact which
may arise during the existence of any franchise granted
_ _ hereunder. The city manager, with the approval of the City
Attorney, is'hereby'authorized.and:empowered to adjust,
settle, or compromise any controversy or charge arising from
-the 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 Grantee or any
member of the public who may be.dissatisfied with the deci-
sion of the city 'manager may appeal the matter to the Council
for hearing anti-determination. 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 operations of the Grantee
or from any provision of this ordinance.
SECTION 10-11 Council to adopt"rules and regulations.
(a) Standards of Operation
(1) Prior to receiving any applications for
franchises, the Council may adopt rules,
regulations and standards governing the
operation of cable television systems in the
City. Such rules, regulations and standards
shall apply to and shall govern the opera-
tions of the Grantee of any franchise here-
under, and are expressly declared a part of
any franchise hereunder.
(2) Rules, regulations and standards not adopted
prior to receiving any application for a
franchise shall be adopted by the Council at
the first regular meeting 'of the Council next
following the effective date of this chapter,
by resolution which shall become effective
upon adoption and shall be applicable to any
application for a franchise previously received.
(3) The standards adopted pursuant to these
procedures shall be exclusively in those
areas not either expressly or impliedly
preempted by the Federal Communications - -
Commission at the time of adoption.
(4) Provided the same do not materially
alter the content of the £ranchise without
consent of the Grantee, the Council may at
any time adopt new rules or regulations or
standards, or may amend, modify, delete, or
-16-
otherwise change its respective rules or
regulations or standards previously
adopted, in the following manner: The
Council shall pass its resolution of
intention stating or describing the
rules or regulations or standards to be
adopted, amended, modified, deleted, or
otherwise changed, and fixing and setting
forth a day, hour, and place certain when and
where any persons having any interest therein
or objection thereto may appear before the
Council and be heard. Such resolution shall
direct the City Clerk to publish the same at
least once within ten (10) days of the pass-
age thereof in a newspaper of general circula-
tion within the City, and to mail- a copy of
the same to any Grantee or applicant for a
franchise, not more than thirty (30) days nor
less than fifteen (15) days prior to the time
fixed for hearing thereon.
At the time set for such hearing, or at any
adjournment thereof, the Council shall proceed
~to hear and pass upon such 'comments as may be
presented. Thereafter the Council, by its
resolution, may adopt, amend, modify, delete,
or otherwise changeits respective rules,
regulations and standards. Such determina-
tion by the Council shall be final and con-
clusive.
Any rule or regulation or standard as adopt-
ed., amended, modified, deleted, or otherwise
changed by the Council shall become effective
upon the tenth (10th) day following the
adoption of such resolution, unless a longer
period shall be otherwise provided in such
resolution.
(b) Rates
(1) Prior to granting any franchise hereunder
the Council, by resolution, shall establish
'and fix all rates and charges for the Basic
Service, herein defined, allowable to Grantee,
such as:
(i) charges for installation;
(ii) subscriber rates; except the rates
for pay television;
(iii) service charges for separate
classifications of service (e.g.,
additional connections, etc.)
Once established, such rates or charges shall
not be changed at any time after granting of
a franchise, except after due notice and
hearing as provided herein.
-17-
(2) Rates and charges for services, other
than the Basic Service, shall also be ap-
proved by the Council by resolution, after
due notice and hearing as provided.
(3) In connection with an1~ proposed change
of any rates or charges of Grantee to sub-
scribers initiated by Grantee, or the approv-
al of rates for additional services, at any
time after the granting of a franchise, the
City Council may direct the City D4anager of
the City to conduct a preliminary investigation,
in the form he deems suitable, into the
matter. The city clerk shall prepare and
file with the Council a written report of the
investigation, his findings, and an opinion
_ _ _ _ __ containing his recommendations and the reasons
• -.. .._ therefor. Upon .receipt of the report the
City Council may determine to hold a public
hearing on the application and shall pass a
resolution of intention to hold such a hearing,
describing and stating any rates or charges
to be charged, the reasons of the Council
therefor, fixing and setting forth a day,
-hour, and place certain when and where any
persons having an interest therein may appear
before the Council and be heard. Such resolution
shall direct the City Clerk to publish the
same resolution at least once within ten (10)
days of the passage thereof in a newspaper of
general circulation within the City. The
City Clerk also shall cause a copy of such
resolution to be mailed to the Grantee at
least ten (10) days prior to the date specified
for hearing thereon.
At the time set for any further hearing, or
at any adjournment thereof, the Council sl-,all
proceed to hear the matter.
At the conclusion of the public hearing, if
the Council determines to do so, the Council
shall find that the changing of any rates or
charges of Grantee to subscribers will be
fair to the system operator and not detri-
mental or injurious to the best interests and
welfare of the subscribers and users, and of
the City, then the Council, by resolution,
shall authorize the change of rates or charges
of Grantee to subscribers and users as determined.
Such resolution shall thereupon become and
shall be a part of any franchise granted
hereunder and affected thereby.
(4) Neither the Council nor the Grantee shall,
as to rates, charges, service, service facilities,
rules, regulations,- or in any other respect;
make or grant any preference or advantage to
any person nor subject any person to prejudice
or disadvantage.
-18-
SECTION 10-12 Permits and construction.
(a) Within thirty (30) 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,
micro-wave carrier licenses and any other permits, licenses
and authorizations to be granted by duly constituted regula-
tory agencies having jurisdiction over the operation of the
cable television systems, or associated micro-wave trans-
mission facilities.
In connection therewith, copies of all petitions, applica-
tions and communications submitted by the Grantee to the
Federal Communications Commission, Securities and Exchange
..Commission, or any other federal or state regulatory commis-
Sion or agency having jurisdiction :in .respect to any matters
affecting Grantee's cable television operations, shall also
be submitted simultaneously to .the city. engineer.
'-' (b) Within ninety (90) days after obtaining all neces-
- sary permits, licenses and authorizations, including right
of access to poles and conduits, Grantee shall commence
construction aiid installation of the cable television system.
(c) Within one hundred eighty (180) days after the
commencement of construction and installation of the system,
Grantee shall proceed to render service to subscribers, and
the completion of the installation and construction shall be
pursued with reasonable diligence th"ereafter, so that service
to all of the areas designated and scheduled on the map .and
plan of construction made part of,the franchise shall be
provided as set forth therein.
(d) Grantee shall utilize existing poles, conduits,
and other facilities whenever possible, and shall not construct
or install any new, different, or additional poles, conduits,
or other facilities whether on public property or on a
privately-owned property unless and until first securing the
written approval of the city engineer.
Whenever Grantee shall not utilize existing poles, conduits
and other facilities, or whenever existing conduits and
- other facilities shall be located beneath the surface of the
streets, or whenever the City shall undertake a program
designed to cause all conduits and other facilities to be
located beneath the surface of the street's in any area or
throughout the City, in the exercise of its police power or
...pursuant to the terms hereof; .upon reasonable notice to
Grantee, any such conduits or other facilities of Grantee
shall be constructed, installed; placed, or replaced beneath
the surface of the streets. Any construction, installation,
placement, replacement, or changes which may be so required
shall be made at the expense of Grantee, whose costs shall
be determined as in the case of public utilities.
(e) The City shall have the right, free of charge, to
make additional use, for any public or municipal purpose
-19-
whether governmental or
or other similar fac' prOprietar
exclusivel 1lities erected of any pO1eS. conduits,
use by City by ornotr Grantee controlled
y does interfereln any street °r maintained
with the Provided such
(f) In those use by Grantee
or distribution areas of the
rov' honcilities of the1resphere the transmission
pnderding telep e, communication andeCtive'
likew~seund or hereafter are electrp~blic utilities
transmissionll construct Placed under services are
and operate ground, the Grantee
term "under distribution and maintain all
ground shall facilities under of his
system; rovided, include a partial gr°und. The
of the p that under
city engineer upon obtaining the writtenrOUnd
S2on and distribution amplifiers in the approval
housings upon the lines may be Grantee's trans
surface of the placed mis-
ground. 1n appropriate
,, (g) The Grantee
temporarily disconnectat his expense shall
Grantee when relocate; or remove protect, support
is re . in the opinion of_the any Property of~
quired by reason of traffic city engineer
street vacation, freewa conditions the same
„ __ _ establishment Y or street Public safety,
. water °f street grade.., construction, change or
drains installation
facilities pipes, power line of sewers,
tracks ~ S14na1 line, transportation
improvements °r any other types of structure or
governmental or governmental agencies whether actin
ture °r a pYOPrietary capacity, or an 4 in a
or public improvement, includin Y other
movement of buildin s g but not struc-
an g urban renewal and limited to
y general program under which the Tedevelopment
cause all such City shall undertakeato
of the pTOPerties to be located beneath the
ground. The Grantee shall in~all cases have surface
privilege, subject to the correspondin the
abandon any property of Grantee in g obligations, to .
idothing hereunder shall be deemed aptakin as herein provided.
of Grantee, and Grantee shall be entitledg of the
reason of anythin Property
g hereunder, to no surcharge by
to cause anpon the failure, refusal, or neglect of Grantee
to be y work or other act required by law or hereunder
properly completed in, on, over, or under any street
within any time prescribed therefor, or upon notice given,
where no time is prescribed, the city engineer may cause
such work or other act to be completed in whole or in part,
and upon so doing shall submit to Grantee an itemized state-
ment of the costs thereof. The Grantee shall, within thirty
(30) days after receipt of such statement, pay to the City
'the entire amount thereof. .
(i) In the event that,
(1) the use of any part of the system of Grantee
is discontinued for any reason for a continuous
period of thirty (30) days, without prior
written notice to and approval by the City;
or
(Z) any part of such system has been installed
in any street or other area without complying
with the requirements hereof; or
-20-
(3) any franchise shall be
or shall ex ire terminated, cancelled,
the option of then the Grantee
Grantee the City, and shall, at
and at no at the expense of
upon demand expense to the City, and
of the City, promptly remove from
any streeandoGrantee area all property of
Grantee
the street or other shall promptly restore
property has been area from which such
as the cit removed to such condition
y engineer shall approve,
thereouncil may, upon written application
of anYoofbsuchantee, approve the abandonment
and Property in place b
• - -.-. under such y Grantee
:..,,: -- _~ _ Council
- terms and conditions
....... ....
an mal' Prescribe, p o as the
y 'such propert P n abandonment of
•- cause to be executed place, Grantee shall
:delivered to the acknowledged, and
as the Cit City such instruments
- - approve y Attorney shall prescribe and
transferring and conveying the
ownership of such property to the City,
SECTION 10-13 Technical Standards.
(a) The performance of Grantee's cable television
system shall meet the technical standards as set
Section 76.605 or any successor section
Communication Commissions forth in
exist from time to time, of the Federal
and Rules;, as those standards may
ance with thenrequirementsnofcSectionrmance tests in accord-
section of the Federal Communication Comm ission`snRulesCeasor
these requirements may apply or be extended from time to
time.
SECTION 10-14 Miscellaneous Provisions,
(a) A franchise granted to provide service within the
City shall be authorized and permit the Grantee to solicit,
sell, distribute, and make a charge to subscribers within
the City for connection to-the cable television system of
Grantee, and shall also authorize and permit the Grantee to
traverse any portion of the City in order to provide service
outside the City,
(b) A franchise, easement, license or other permit
granted to anyone other than-the Grantee to traverse any
portion of the City in order to provide service outside the
City shall not authorize nor permit said person to-solicit,
sell, distribute, or make any charge to subscribers within
the City nor to render any service or connect any subscriber
within the City to the cable television service system of
Grantee.
(c) No franchise granted under this ordinance shall
ever be given any value by any Court or other authority,
public or private, in any proceeding of any nature or char-
acter, wherein or whereby the City shall be a party or
affected therein or thereby,
-21-
other (d) Grantee shall b
the °rdinances, rules e subject
City heretofore Tegulations o all pr°visions of `he
limited to those or hereafter ado and specifica
over, under Pertainin ted, includin t~Ons of
and g to worksp
about streets, and activities but not
Any privile 1n' °n.
to this ge claimed under an
shall °rdinance in Y franchise
be subordinate any street or other granted pursuant
streets or othe tO anY Prior Public property
r public property. la~'ful occu
Grantee Pancy of the
also shall be
laws of the State of Cal iforniao the provisions g ral
ineanaPPlicable to the exercise
or as hereafter of ens
y franchise granted °f anY privile amended,
not limited to those under this ge contained
and about Pertainin ordinance, includin
State highways, g to works and activitiesgibut
(e) Grantee shell be prohibited
indirectly doing any of the from directly or
following;
~1) engaging in the business of selling at
retail, leasing, renting, repairing or ser-
vicing of television sets or radios;
(2) imposing a fee or charge for any service or
repair to subscriber-owned receiving devices
except for the connection of its service or
for the determination by Grantee of the
quality of its signal to the recipients
thereof.
(3) soliciting, referring, or causing or permit-
ting the solicitation or referral of any sub-
scriber to persons engaged in any business
herein prohibited to be engaged in by Grantee.
(4) providing information concerning the viewing
patterns of identifiable individual sub-
scribers to any person, group or organization
for any purpose.
(f) If the Federal Communications Commission or the
Public Utilities Commission of the State of California or
any other Federal or State body or agency shall now or here-
after exercise any paramount jurisdiction over the subject
matter of any franchise granted under this ordinance, then
to the extent such jurisdiction shall preempt or preclude the
exercise of like jurisdiction by the City the jurisdiction
of the City shall cease and no longer exist.
(g) When not otherwise prescribed herein, all matters
herein required to be filed with the City shall be filed
with the City Clerk.
(h) No person, firm or corporation within the service
area of the Grantee, and where trunk lines are in place,
shall be 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
service charge.
-22-
(i) Before providing cable television service to any
subscriber, the Grantee shall provide a written notice to
the subscriber substantially as follows:
"Subscriber is hereby notified that in providing
cable television service the Grantee is making use
of public rights-of-way within the City of Lynwood
and that the continued use of such rights-of-way
is in no way guaranteed. In the event the continued
use of such rights-of-way is denied to Grantee for
any reason, Grantee will make every reasonable
effort to provide service over alternate routes.
By accepting cable television service, subscriber
agrees he will make no claim nor undertake any
action against the City of Lynwood, its officers,
or its employees if the service to be provided
hereunder is interrupted or ..discontinued."
__...
___ ~._........_. __ ___ (j.),_.The .form .of_ the Grantee;'s contract with the subscriber
shall also be subject to approval: of: the City.
_ ___ _ SECTIOII 10-15...Equa1 opportanitc:.employment and affirma-
_tive.action plan. ,
In the carrying out of-the construction, maintenance
and operation of the cable television system, the Grantee
shall not discriminate against any employee or applicant
for employment because of race, creed, color, sex, or national
origin.
The Grantee shall take affirmative action to ensure that
applicants are employed, and that employees are treated.
during employment, without regard. to their race, creed,
color, sex, or national origin. Such action shall include,
but not be limited to, the following: employment, upgrading,
demotion or transfer, recruitment or recruitment advertising,
layoff or termination, rates of pay or other forms of com-
pensation, and selection of training, including apprenticeship.
The Grantee shall post in conspicuous places, available to
employees and applicants for employment, notices setting
forth the provisions of this non-discrimination clause.
The Grantee shall, in all solicitations, or advertisements -.
_ for employees placed by or::on behalf .of the Grantee, state
_..:.-:._. _that_.all.qualified_applicants.shall.receive consideration
..for employment without regard to'.:race, creed, color, sex, or
national origin. ......,
..:............_ :....,., .. . The..Grantee, shall incorporate the "foregoing requirements in
all of its contracts for work relative to construction,
maintenance and operation of the cable television system,
other than contracts for standard commercial supplies or raw
materials, and shall require all of its contractors for such
work to incorporate such requirements in all subcontracts
for such work.
SECTION 10-16 Violations
(a) 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
-23-
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 cable television
system, unless a franchise authorizing 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.
(b) It shall be unlawful for any person, firm or
corporation to make or use any unauthorized connection,
whether physically, electrically, acoustically, inductively
or otherwise, with any part of a franchised cable television
system within this City for the purpose of enabling himself
or others to receive or use any. television signal, radio
signal, picture, program or sound, without payment to the
owner of said system.
(c) 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 II. Severability
Zf any section, subsection, sentence, clause or phrase
o£ this ordinance is for any 'reason .held illegal, invalid or
unconstitutional 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 passed this ordinance and each section,
sub-section, sentence, clause and phrase hereof, irrespective
of the fact that any one or more sections, sub-sections
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 of the Grantee of
any franchise"granted hereunder.
SECTION IZI. Effective Date
This ordinance shall become effective thirty (30) days
from and after its passage.
SECTION IV. The City Clerk is hereby ordered and
directed to certify to the passage of this ordinance and to
.cause the same to be published once in the Lynwood Press, a
newspaper of general circulation, printed, published and cir-
culated in the City of Lynwood.
First read at a regular meeting of the City Council of
said City held on the 4th day of , 1979, and
finally ordered published at a regu ar meeting of said
Council held on the hr.n day of FAy,r„ary , 19 ~{l
-24-
AYES: COUNCILMEN BYORK, GREEN, HIGGINS, ROWE, MORRIS.
NOES: COUNCILMEN NONE. ,
ABSENT: COUNCILMEN NONE.
~_ ~~~
Mayor,~City of Lynwood
' ATTEST:
-~-- - ~ ~~ /,r.~~6 / l .
City Clerk, City of Lynwood
-25-
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
ss.
I, the undersigned, City Clerk of the City of Lynwood,
do hereby certify~Oy'~ tadopbedebysthetCityaCoun~ileof they
of Ordinance No. y
City of Lynwood, and that same was passed on the date and
the vote therein stated.
Dated this ~_ day of FPbru~rv 1480
`/ LAUREYIE COFFE~ Y
City Clerk, City of Lynwood
SEAL T