HomeMy WebLinkAboutOrd. No. 1971-4983
ORDINANCE N0. 498
AN ORDINANCE OF THE CITY OF ELSINORE, CALIFORNIA, PROVIDING
FOR THE GRANTING OF FRANCHISES FOR COMMUNTTY 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 .Elsinore does ordain as follows:
SECTION 1 - DEFINITIONS; For the purpose of this ordinance the
following word or aaords-shall have the meaning given. herein.
A. "City" shall mean the City of Elsinore, California,
a municipal corporation of the State of California, in its present incorporated
form or in any later reorganized or enlarged form.
B. "Council" shall mean the present governing body of the
City or any future board constituting the legislative-body. of the City.
C. "Franchise" shall mean and include any authorization
granted hereunder in terms of a franchise, permit, license or otherwise to
construct, operate and maintain a CATV system in the City., Any such authorization
shall not mean and include any license or permit required for the privilege of
transacting or carrying on a business .within the City relating to the business
license tax of the City.
D. "Grantee" shall mean the. person, firm or corporation. to
whom a franchise 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 and public street, road, highway, freeway, lane, alley, sidewalk, ,
parkway, drive or way, now or hereafter existing as such within the City.
F. "Property of Grantee" shall mean all property owned,
installed or used by grantee in the conduct of a CATV business in the City under
the authority of a franchise. granted pursuant o this ordinance.
G. "CATV" shall mean a community antenna television
system as hereinafter defined.
H. "Community Antenna Television System" shall mean
a system of antenna, coaxial cables, wires, wire guides, microwave lengths,
signal repeaters 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. CATV shall not mean or include the transmission of any
special or event for which a separate and distinct charge is made to the subscriber
and which is commonly known as "pay .television."
I. "Subscriber" shall mean any person or entity receiving for
any purpose the CATV service of a grantee.
J. "Gross Annual Receipts" shall mean arty and all compensation
and other consideration in any form whatever .and. any ,contributing grant or subsidy
received directly or indirectly by grantee from subscribers or users in payment
for television or FM radio signals or service received within the City, and any
fees or income received by grantee for carrying advertising or commercial messages
over the CATV facilities. Included in gross annual receipts shall be 'installation
and line extension charges levied by the grantee to subscribers.
K. "Franchise Area" shall mean the territory within the City
and shall include any enlargements thereof and additions thereto.
SECTION 2: FRANCHISE TO OPERATE: A nonexclusive franchise to
construct, operate and maintain a CATV system within all or any portion of the
City may be granted by the Council to any person, firm or corporation, whether
operating under an existing franchise or not, who offers to furnish and provide
such system under and pursuant ao the terms and provisions of.this ordiance. 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 3: USES PERMTPTED BY GRANTEE: Anyrfranchise 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 install, construct, repair, replace, reconstruct, and maintain
in, on, over, under, upon, across and along any public street, such wires, cables,
conductors, conduit, vaults, amplifiers, appliances, and other property as may be
necessary and appurtenant to the CATV system. No new poles may be installed except
where unusual circumstances exist and where express written permission is provided
by the City Council
No franchise granted shall be construed a franchise to transmit
any special program or event for which a<separate charge is made to the subscriber
in the manner commonly known as "pay television" and no grantee shall install,
maintain or operate on any television set a coin box or other device for means of
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 bharge as filed and approved as
herein provided. No increase' in rates and charges to subscribers, as set forth in
the schedule filed and approved with grantee's application, maybe made without
the prior approval of the Council expressed by resolution.
SECTION 4: DURATION OF FRANCHISE: No franchise granted by the
Council under this ordinance shall be for a term longer than twenty-five (25)
years following the date of acceptance of such franchise.
• Any such franchise granted may be terminated prior to its date of
expiration by the Council in the event that said .Council shall have found, at a
public hearing, after thirty (30) days' notice of any proposed termination that:
A. The grantee has failed to substantially comply with any
provision of this ordinance.
B. Grantee has, by act; or omission, ..substantially violated any
term or condition of arty franchise. issued hereunder.
SECTIONS: FRANCHISE PAYMENTS:
A. ACCEPTANCE FEE. The grantee of any franchise granted pursuant
I_ to this ordinance shall pay to the City upon acceptance of such franchise a fee of
l $250.00.
B. ANNUAL FRANCHISE FEE,- The grantee of any franchise shall pay"
annually to the City during the life of such franchise no more than Two (2°fo)
percent of the gross receipts of the grantee derived from subscribers and users
within the City. The City Council shall have the power of setting the amount of the
annual franchise fee at the time of the granting of .any such franchiser All annual
franchise fees shall be paid to the City Clerk of the City.
The grantee shall file with the City within thirty (30) days after
the expiration of arty calendar year or portion thereof during which such franchise
statement prepared by a certified public accountant, showing in detail. the gross
annual receipts during the preceding calendar year or portion thereof. It shall
be the duty of the grantee to pay to the City within ten (10) days .after the time
for filing of such-.statements the sum hereinabove prescribed for the .calendar year.
or portion thereof covered by such statements.
In the event the above payment is not received by the City within
the specified time, grantee"shall pay to-the City liquidated damages of two (2%)
percent per month of the unpaid balance in addition thereto. In any year during
which payments under this section amount to less than $360.00 per year, grantee
shall pay the City as a minimum an amount equal"to $360.00 per year. For any
portion of a year such minimum shall be .prorated at the rate of $30.00 monthly.
The City shall have the right to inspect the" grantee's records
showing the gross receipts from which its franchise payments are computed. No
acceptance of any payments 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.
3'~
324
In the event of any holding over after expiration of any franchise
granted hereunder, without the consent of the City, the grantee shall pay to the
City a reasonable compensation and damages, of not less than fifty (50/) percent
of its total"gross profits during said period.
SECTION 6: LIMTPATION OF.FRANCHISE;
A. Any franchise granted under this ordinance shall be nonexclusive.
B. No privilege shall be granted or conferred by any franchise granted
under this ordinance except those specifically prescribed herein.
C. Any privilege claimed under this franchise by the grantee
in any street or other public property shall be subordinate to any prior lawful
occupancy of the streets or other public property. __
D. All transmission and distribution structures shallSbe located
as to cause no interference with the proper use of streets, alleys and other
public places and to cause no interference with the rights of reasonable
convenience of property owners who adjoin any of said streets, alleys or other
public places.
E. In case of any distrubance of pavement or other surfacing, the
grantee shall at its own cost and in a manner approved by the Director of Public
Works replace and restore all .pavement and surfacing in as good condition as before
said work was commenced and shall maintain the"restoration in an approved condition
for the duration of the franchise.
F. Whenever it is necessary to interrupt service for making repairs
or alterations; grantee shall.do-so at such time as will cause the least amount
of inconvenience to its customers.
G. Any such franchise shall be a privilege to be held in personal
trust by the grantee. The franchise cannot be sold, transferred, leased, assigned
or disposed of in whole or in part by forced or involuntary sale, .merger,
consolidation, operation of law or otherwise without the prior"consent of the Council,
after public hearing, expressed by resolution and then under such conditions as J~
may therein be prescribed.
H. Time shall be of the essence of any such franchise granted
hereunder. Grantee shall not be relieved of his obligation to comply promptly
with any of the. provisions of this ordinance or by any failure of the City to
enforce prompt compliance.
I. Any rights or power shall be subject to transfer by the City
to any officer or employee of the City.
J. Grantee shall have no recourse against the City for any loss,
cost, expense or damage arising out of any provision of this ordinance or any
franchise issued hereunder or because. of-its enforcement.
K. Grantee shall be subject to all requirements of City ordinances,
rules, regulations and specifications heretofore or hereafter"enacted including
but not limited to those concerning the undergrounding of .utilities, street work,
and relocation of property within a street or public way.
L. Any franchise granted shall not relieve the. grantee of any,
obligation involved in .obtaining pole space .for any utility company, or from :?
others maintaining poles in streets.
M. Any franchise granted hereunder shall be in lieu of ax~y and.
all rights, privileges, powers, and authorities owned possessed and controled
by grantee pertaining to the construction, operation, or maintenance of any
CATV system in the. City..
N. Grantee shall at all times during the life of this franchise .
comply with all provisions of existing and furore ordinances, rules and regulations
of the City, the State of California and the United .States of America.
0. If at any time during the period of the franchise the City
shall elect to alter or change the width or grade of any street, alley, or other
public way, the grantee upon reasonable notice by the City shall remove and relay
and relocate its facilities at its own expense.
P. Any fixtures placed in any public way by grantee shall be
placed in a manner as not to interfere with the travel on said public way or
other use of said public way.
~~~.
Q. Grantee shall oh the request of arty person holding a building
moving permit issued by the City, temporarily raise or lower its wires to permit
the moving of-the buildings. Said expense-shall be borne by the grantee.
R. .Grantee shall have the authority to trim trees along the
streets, alleys or other public ways so as to prevent the branches of the trees
from coming in contact with the wires and cables of the grantee, except at the
option of the City such trimming may be done by it at the expense ofuthe grantee.
S. In all sections of the City where the cables, wires and other
facilities of one or more public utilities are placed underground, the grantee
shall place its cables, wires or other.: like facilities underground.-
SECTION 7: RIGHTS RESERVED TO THE CITY:
A. Nothing herein shall be deemed or construed to affect in any
way the right of-the. City to acquire the property of the grantee either by purchase
or through the exercise of the right. to eminent domain, at a fair and_just value,
which shall not include any amount for the franchise itself:
B. There is reserved to the City every right and power which is
required to be herein reserved or provided by any ordinance of the City, and the
grantee by its acceptance of any franchise agrees to be bound thereby and to comply
with any action or requirements of the. City in its exercise of such rights-and
or requirements of the City in its exercise of such rights and powers, heretofore
or hereafter enacted or established.
C. The granting of any franchise shall not. be construed as to
prevent the City from granting any similar franchise to any other person, firm
or corporation within said City.
D. There is hereby reserved to the City the power to amend any
section or part of this ordinance. so as to require additional or greater standards
of construction, operation, maintenance-or otherwise, on the part of the. grantee.
E. The granting of any franchise shall not constitute a waiver to
the exercise of any governmental right or power of the City. The City Council 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 ax~y subscriber.
SECTION 8c PERMIT'S,.INSTALLATION AND SERVICE:
A. Within ninety (90) days-after acceptance of, any franchise
the grantee shall proceed: with. due diligence'to obtain all. necessary permits
which are required, including, but not limited to, any utility.joint use
agreements, microwave carrier licenses and any other permits, licenses and
authorizations to be granted by duly constituted regulatory. agencies having
jurisdiction over the operation, of CATV systems.
B: .Within ninety (90) days after obtaining all necessary permits.
and licenses as hereinabove provided, grantee shall commence construction and
installation of the CATV system.
C. Within a reasonable time but not exceeding one (1) year after
the commencement. of the. construction and installation of the system, grantee shall
proceed to render service to subscribers so that service to all areas designated
on the map accompanying the application for: franchise:, as provided in this ordinance
hereof, shall be provided to. all grantee's licensed subscribers within such time-
and upon such conditions as shall.: be determined by the City'":Council
D. Failure to do any of-the foregoing shall be grounds for a
termination of the franchise.
E. The City Council may extend the time for obtaining the necessary
permits and authorizations and for the. beginning of construction and installation
in the event the grantee acting in good faith experiences delays by; reason of
circumstances beyond his control.
SECTION 9 LOCATION OF PROPERTY OF GRANTEE.: Any .wires; cables,
or other properties of the grantee shall be so constructed or installed at such
locations and in such a manner as shall be approved by the Director of Public Works.
SECTION 10: REMOVAL AND ABANDONI~NT BY GRANTEE:
A. In the event that the use of a substantial part of the CATV
system is discontinued for any reasonable cause-for a continous period of three
.........._ -
32fi
(3) months or the franchise has been terminated, cancelled or expired, the grantee
shall promptly, upon being given sixty (60) days notice, remove from the streets
or public places all such property of such system. In the event of such removal,
grantee shall promptly restore the streets and other areas from which such property
has been removed to a condition satisfactory to the Director of Public Works.
B, Any property of the grantee remaining in place sixty (60) days
after the notice of termination or expiration of the franchise shall be considered
permanently abandoned.
C. Upon permanent abandonment of the property of the grantee,
the property shall become that of the City at its sole option with or without __
an instrument in writing transferring said property to the City.
SECTION 11: CHANGES REQUIRED BY PUBLIC IMPROVEMENTS: ~-LLI
The grantee-shall, at its expense, protect, support, or relocate in the same
street or other public place any property of the grantee when required by the Director
of Public Works by reason of traffic conditionsy public safety, street sacation,
street construction, change or establishment of grade, installation of sewers,
drains, water or sewer pipes or other type of structures or improvements by
public agencies.
SECTION 12: FAILURE TO PERFORM STREET WORK: Upon the failure
of the grantee to commence; pursue or complete any work required by law. or by the'
provisions of this ordinance or by its franchise to be done. in any street, alley
or other public place, within the time prescribed and to the satisfaction of the
Director of Public Works,. the said Director of Public Works, at its option, may
cause such work to be done and the grantee shall pay .to the City the cost thereof
within ten (10) days after receipt of such itemized report.
SECTION 13; FAITHFUL PERFORMANCE BOND:
A. The grahtee shall, with the filing of an acceptance of award
of arty franchise created under this ordinance, file with the City Clerk, and
at all times hereafter maintain in force and effect, at grantee's sole expense,
a corporate surety bond in a company and in a form approved by the. City Attorney,
in the amount fixed by the City Manager but not to exceed $5,000.00 for the -_
faithful performance. of grantee and upon the further condition that in the event ~
grantee shall fail to comply with: any of the provisions of this ordinance or i
any franchise issued to grantee hereunder, there shall be recoverable jointly
and severally from the principal and surety of such bond any damages or loss
suffered by the City, pluses reasonable allowahce for the attorney's fees and cests
up to the full amount of the bond; said condition to be a continuing obligation
for the duration of the franchise. .The bond shall provide that thirty (30) days
prior written notice of intention not to renew, cancellation or material change,
be given to the City.
B. Neither provisions of this section nor any bond accepted by
the City, nor any damages recovered by the City hereunder shall be construed to
excuse faithful performance by the grantee or limit the liability of the grantee
under-any franchise issued hereunder,. or for damages, either to the full amount
of the bond or otherwise.
SECTION 14 INDEMNIFICATION OF CITY:
A. The grantee shall indemnify and-hold harmless the City, its
officers, boards, commissions; agents and employees against and. from any and all
claims, demands, actions, suits, liabilities and judgments of any kind and nature
arising out of or relating to the exercise or-enjoyment of any CATV franchise,
including claims,-demands, actions, suits, liabilities and judgements based upon
any infringement or violation of any copyright; and grantee shall reimburse the
City for any costs and expenses incurred by City in defending against any such
claim or demand or action, including any attorney's fees, expert witness fees,
court costs or other expenses in connection therewith. Grantee shall upon demand
of aathe Gity appear in and defend any and all suits, actions or other legal
proceedings of any nature or any kind brought by third persons against or
affecting the C#ty, its officers, boards, commissions, agents or employees and
arising out of or relating to the exercise of such franchise; the foregoing
obligations shall. exist and continue without reference to or limitation by the
amount of any bond or policy of insurance.
32'
B. Grantee shall, concurrently with the filing of the acceptance
of award of any franchise granted under this ordinance, file with the City Clerk,
and at all times during the existence of any franchise granted hereunder, maintain
in full force and effect at its own cost and expense, a general comprehensive
liability insurance policy, in protection-of the City; its officers, boards,
commissions, agents and employees, in a company approved by and in a form acceptable
to the City Attonney, protecting the City and all persons against liability for
loss or damage for personal injury, death and property damage, occasioned.;. by the
operations of grantee under-such franchise, with minimum liability limits of
$100,00.00 for personal injuries br death of any one person ahd $300,000500 for
personal injury or death to two or more persons in any one occurrence, and $50,000.00
for damage to property resulting from any one occurrence.
C. The policy mentioned ~.h the foregoing paragraph shall be primary
ItvJl insurance, shall name the City, its officers, boards, commissions, agents and employees,
as additional insured and shall contain a provision that a written notice of
cancellation, reduction, or other material change in coverage of said policy shall be
delivered to the City Clerk thirty (30) days in advance of the effective date thereof.
SECTION 15: INSPECTION OF PROPERTY AND RECORDS:
A. Grantee shall permit any authorized representative fif the City
to examine all property of the grantee situated within or without the City and to
examine any and all maps and other 'records kept by the grantee which deal with
the operations, affairs and transactions or property of the grantee with respect to
the franchise.
B. Grantee shall prepare and furnish to the City at all times
and in the manner prescribed by the City such reports with respect to its operations,
affairs, transactions or property in connection with the franchise.
C. Grantee shall file orith the Department of Public Works on
the first day of March of each year two copies of current maps, drawn to scale,
showing all CATV system equipment installed and in place in streets or other
public places of the City.
SECTION 16 MISCELLANEOUS PROVISIONSt
A. When not otherwise prescribed herein, all matters herein
required to be filed with the City shall be filed with the City Clerk.
B. .The rate schedule for advertising and for any connection fee
or monthly service charge or charge thereto to subscribers must have written
approval of the City Council.
C. Both the installation and monthly service charges for CATV
service shall be specified in the agreement between the grantee and subscriber.
D. The grantee must pay to the City a sum of money sufficient
to reimburse it for expenses incurred by it in publishing legal xiotice and
ordinances in connection with the granting of the franchise pursuant to the
provisions of this chapt$r such payment to be made in ten (10) days after the
City shall ftzrnish such grantee with written statement of such expense.
E. The grantee shall,":maintain a",toll=free telephone number, t
with twenty-four (24) hour-per-day answering or referral service, so that CATV
maintenance service shall be promptly available to subscribers, the-cost of
said maintenance service of grantee's system shall be borne by grantee.
F. The grantee shall keep a maintenance service log which
will indicate the Nature of each service complaint, the date and time it was
received, the disposition of said complaint and the time and date cleared. This
lot shall be made available for periodic inspection by the City..
G. Grantee shall bear the prime responsiblility for appropriate
corrective action whenever improper performance is detected in any part of-the
system, regardless of whether public utility dist$ibution facilities are utiiized.
H. No person, firm or corporation n the existing service
area of grantee shall be arbitrarily refused service; provided, however, that
grantee shall not be required to'provide service to any subscriber who does not
pay the applicable connection fee or the applicable monthly service charge.
I. In the case of any emergency or disaster, the grantee shall
upon request of the Director of Public Works make available his facilities to the
City for emergency use during the emergency or disaster.
J. Any franchise granted pursuant to the provisions of this ordinance
authorizes only the operation of the CATV system as provided herein and does not
3~~
take the place of any other #`ranchise, license or permit which might be required by
law of the grantee.
K.r The grantee shall at all times employ .ordinary care and shall
install and maintain in use commonly: accepted. methods.-and devices for preventing
failures and accidents which are likely to cause damage, injuries or nuisances to
the public.
L.. The grantee shall install and maintain its wires, cables, fixtures
and other equipment in accordance with the requirements of the Public Utilities
Commission of the State of California and in such manner that they will not
interfere with any installation of the City or of a public .utilities serving the
City.
M. All structures and all.iines, equipment and. connections. in, ~`
over, under,.: and upon the streets„ sidewalks, alleys and public. ways or places of
the City wherever situated or located,.sha11 at all times be kept and maintained
in a safe, suitable, substantial.-condition and in good order and repair.
N. The grantee shall maintain a force of one or more area resident
agents or employees at all times and shall have sufficient employees to provide
safe, adequate and prompt service for its facilities.
0. The grantee shall limit failure s, to a minimum by locating
and correcting malfunctions promptly.
P. £~opies of all petitions, applications and communications
submitted. by the .grantee to the Federal Communications Commission, Security
and Exchange Commission, or any other federal, state of local regulatory commission
or agency having jurisdiction in respect to .any matters affecting CATV operations
authorized, pursuant to this ordinance, shall also be submitted simultaneously
to the Director of Public Works.
SECTION i7: USE OF UTILTPY POLES AND FACILITIES: AGREEMENT;
When any portion of the CATV system is to be installed on public utilities poles
and facilities, certified copies of the agreements for such joint use of poles and
facilities shall be filed with the City Clerk.
SECTION 18: ADOPTION OF RULES AND, REGULATIONS BY THE CITY COUNCIL:
A. The City Council is authorized to adopt rules and regulations
consistent with the provisions of this chapter governing the operation of CATV
systems in the City and such rules and regulations shall apply to and shall govern
the operations of the grantee of any franchise granted pursuant to the provisions
of this ordinance.
B. The City Council may adopt rules or regulations or amend,
modify, delete, or otherwise change such rules and regulations previously adopted
in the following manner:
L The City Council shall pass a resolution of intention
describing the rules or regulations to be adopted, amended, modified, deleted,
or otherwise changed and set a day, hour and place for public healing. Such
resolution shall direct the City Clerk to publish the same at least once within
fifteem (15) days of passage thereof.
2. The City Clerk shall cause such resolution to be
published at least once in one newspaper of general circulation in the City and
shall cause a copy of same to be mailed or delivered to arty grantee not less than
ten (10) days prior to the time fixed for hearing thereon.
3. At the time for public hearing, or at any adjournment --I
thereof, the City Council shall proceed to hear and pass upon such evidence,
comments and objections as may be presented. Thereafter, the City Council by its , _~
resolution may adopt „amend,. modify, delete, or otherwise change said. rules
aiZd regulations.
SECTION 19:.APPLICATION FOR A FRANCHISE:
A. Application for a franchise hereunder shall be. in writing, shall
be filed with the City Clerk, in a form approved by the Director of Public Works,.
and shall contain but not be limited to the following information:
329
1. Name and address of the applicant. If the applicant
is a partnership, the name and address of each partner shall also be set forth.
If the applicant is a corporation, the application shall also state the names and
addresses of its directors, main officers, major stockholders and associates, the
names and addresses of parent and subsidiary companies and the state of incorporation.
2. A statement or schedule in a form approved by the Director
of Public Works of proposed rates and charges to subscribers for installation and
services, and a copy of proposed service agreement between the grantee and its
subscribers shall accompany the application. Where underground cable is required,
or where more than one hundred fifty (150) feet of distance from cable to connection
of service to subscribers, an additional installation charge over that. normally
charged for installation as specified in the applicant's proposal may be charged,
with easements to be supplied by subscribers. For remote, relatively inaccessible
subscribers"within the City, service any be made available on the basis of cost of
materials,"labor and easements if required by the grahtee.
3. A copy of any contract; if existing, between the applicant.
and any public utility providing for the use of facilities of such public utility,
such as poles, lines or conduits.
4. 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 franchisee
shall be deemed void and of no force and effect whatsoever:.
5. A financial statement prepared by a certified public
accountant showing applicant's financial status.
6. The Council may, at any time, demand, and applicant shall
provide such supplementary, additional or other information as the Council may deem
reasonably necessary to determine whether the requested franchise should be granted.
7. A statement of intent with regard to program origination
and acceptance of local advertising shall. be included.
8. The~nber-and identification of channels proposed to be
carried on the CATV system.
B. Upon consideration of ashy such application, the City Council may
grant a franchise for CATV to such applicant as may appear from said application
to be in its opinion qualified to render proper and efficient CATV service to-
television viewers and subscribers in the City. If favorably considered, the
application submitted shall constitute and form apart of ahe franchise as granted.
C. Prior to the granting of the franchise pursuant to this
Ordinance, the Council shall pass a resolution declaring its intention to grant the "
same, stating the name of the proposed grantee, the character of the franchise
and the terms and conditions upon which it is proposed to be granted. Such.
resolution shall fix and set forth the day, hour and place when and where any
persons having any interest therein or any objection to the~;grantgg"thereof m~.y
appear before the Council and be .heard thereon. It shall direct the City Clerk to ,_
publish said resolution at least once within fifteen (15) days of the passage
thereof in one newspaper of general circulation in the City. Said notice shall
be published at least ten (10) days prior to the date of hearing. At the time
set for hearing, the Council shall proceed to hear and pass upon all protests
and its decision thereon shall be final and conclusive. Thereafter it may be
resolution grant the franchise on the terms and conditions specified in this ,.
ordinance.
SECTION 20: APPLICATION FEE; Each application shall be accompanied
by an application fee in the sum of One Hundred Dollars ($100.00) which shall be
used by the City to cover the costs of reviewing, investigating and processing such
an application.- This fee is not refundable.
SECTION 21: ACCEPPANCE AND EFFECTIVE DATE OF FfiANCHISE:
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 13 and 14 .hereof are done and completed, all of such- f.
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. From and after the effective date of this ordinance, it shall
334
be unlawful for any person to construct, install or maintain within any. public
street in the City, or withih 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 tenative sub-
division map approved by the City,. any equipment or facilities for distributing
any television signals or radio signals through a CATV system, unless a franchise
authorizing such use of such. street or property or area has first been obtained
pursuant to .the provisions of this ordinance, and unless such franchise is in full
force and affect.
0. It shall be unlawful for any person, firm or corporation to
make any unauthorized connection whether physically, electrically, acoustically,
inductively or otherwise, with any part of a franchised CATV system within this
City for the purpose of taking or receiving television signal,, radio signals,
pictures, programs; 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 ehabling himself or others to receive any television
signal, radio signal, picture, program or sound, without payment to the owner
of said system.
E. It shall be unlawful for any person,. without the consent
o:f the owner, to wilfully tamper with, remove or in~iure any cables, wires or
equipment used for distribution of television signals, radio: signals, pictures, __
programs or sound. "
SECTION 23 FUTURE AMENDI~NTS TO STATE LAW: If at any time
during.. the franchise the State of California allows a greater .franchise fee than
the present taro (2) percent, then this ordinance shall be, thereupon amended to
provide for the additional amount allowed by iaw. If the State of California
shall repeal any franchise fee maximum then the. City shall be .entitled to that
percentage which is the maximum amount charged by any othercity of comparable
size and population in the State of California.
SECTION 24: EFFECTIVE DATE: This ordinance shall become
effective on the 30th day after the date of its adoption."
- SECTION 25: The City Clerk is hereby ordered and directed to
certify the passage of the ordinance and cause the same to be published in the
manner provided by law.
ADOPTED by the Mayor and.. City Council and. signed by the Mayor
and attested to by the City Clerk this 10th day of May, 1971
ATTEST:
s/ Florene Marshall
City Clerk of the City of Elsinore
s/ Norman L. Chaffin
May<c>r of the City.of Elsinore
ORDINANCE N0. 49y on page 337
iI
~J