HomeMy WebLinkAboutOrd. No. 1989-855ORDINANCE N0. 855
AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA
PROVIDING FOR THE GRANTING OF FRANCHISES FOR COMMUNITY
ANTENNA TELEVISION SYSTEMS; PROVIDING TERMS AND CONDITIONS
FOR THE OPERATION OF SUCH COMMUNITY ANTENNA TELEVISION
SYSTEMS AND FEES THEREFOR.
The City Council of the City of Lake Elsinore does ordain as
follows:
SECTION 1: DEBIiv2•I•IuivS: For the purpose of 'this ordinance
the following word or words shall have the meaning given
herein.
A. "City" shall mean the City of Lake 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 or
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 any public street, road, highway, freeway,
lane, alley, sidewalk, parkway, driveway, public utility
easement, dedicated utility strip or right-of-way dedicated
for compatible uses 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 to this ordinance.
a
G. "CATV" shall mean a community antenna television
system as hereinafter defined.
H. "Community Antenna Television System" shall mean a
system of antenna, coaxial cable, 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 the CATV service of a grantee lawfully and with
grantee's express permission.
J. "Gross Annual Receipts" shall mean any and all
compensation and other consideration in any form whatever and
any contributing grant or subsidy received directly or
indirectly by grantee from subscribers in payment for CATV -
service received within the City, and that percentage of all
fees or income received by Grantee for advertising or
commercial messages carried over the CATV System equal to the.
percentage of the CATV System's subscribers who live within
PAGE TWO
the City of Lake Elsinore. Included in gross annual recepits
shall be installation and line extension charges levied by the
grantee to subscribers.
K. "Franchise Area" shall mean the entire 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 the
_ entire territorial limits 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 to the terms and
provisions of this ordinance. No provision of this ordinance
may be deemed or construed as to require the granting of a
franchise when in the opinion of the Council it is not in the
public interest to do so. No franchise shall be granted
pursuant to this ordinance on terms and conditions of any
other franchise currently in force and held by another
grantee.
SECTION 3: USES PERMITTED BY GRANTEE: Any franchise granted
pursuant to the provision 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
installed except where unusual circumstances exist and where
express written permission is provided by the City Council.
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 any franchise issued
hereunder.
SECTION 5: FRANCHISE PAYMENTS:
A. ACCEPTANCE FEE. The grantee of any franchise granted
pursuant to this ordinance shall pay to the City upon
acceptance of such franchise a fee of $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 five percent (5%) of the gross receipts
of the grantee derived. from. subscribers 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
franchise. 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 any calendar year or fiscal year
.designated in such franchise a statement prepared by a
certified public accountant, showing in detail the gross
annual receipts during the preceding year. 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
PAGE THREE
hereinabove prescribed for the year 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 percent (2%) 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 franchise fee 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.
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.
SECTION 6: LIMITATION 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 by the grantee under a
franchise 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 structure shall be
located so as to cause no .interference with the proper use of
street, 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 disturbances of pavement or other
surfacing be grantee, 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 word 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 of 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 may therein be prescribed.
H. Time shall be of the essence of any such franchise
granted hereunder. Grantee shall not be relieved of its
obligation to comply promptly with any of the provisions of
PAGE FOUR
this ordinance by any failure of the City to enforce prompt
compliance.
I. Any rights or power of the City shall be subject to
lawful delegation 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 in accordance with
this ordinance 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. Grantee shall at all times during the life of this
franchise comply with all provisions of existing and future
ordinances, rules and regulation of the City, the State of
California and the United States of America.
N. If at anytime during the period of the franchise the
City shall elect to alter or change width or grade of any
street, alley, or other public way, then upon the first such
alteration of any street, the grantee upon reasonable notice
by the City shall remove, relay and relocate its facilities at
its own expense. Upon any subsequent alteration of the same
street, the grantee upon reasonable notice by the City shall
remove, relay and relocate its facilities at the City's
expense. '
O. 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.
P. Grantee shall on the request of any 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 person making the request.
Q. 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 of the grantee.
R. 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..
S. It shall be unlawful for the owner of any
privately-owned area which includes a proposed public street
on any tentative subdivision map approved by the City to fail
to grant. access to streets to individual homes or home sites,
in such a privately-owned area to each franchisee under this
ordinance on terms no less favorable than the terms offered to
any other utility or franchisee.
T. Grantee shall at all times during the life of any
franchise provide broadcast quality equipment and necessary
personnel to maintain and operate live color coverage of each
meeting of the City of Lake Elsinore City Council from the
City of Lake Elsinore Council Chambers, and such other
downtown location as may be requested by the City of Lake
PAGE FIVE
Elsinore. This programming will be made available to all
residents served by Grantee.
U. Grantee's CATV System shall have a band width of 50
mHz to no less than 450 mHZ by December 31, 1993.
V. Grantee shall provide cable service to all public
schools within the City of Lake Elsinore by December 31, 1989.
^oECTICN 7: hiGriTC 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 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. The City reserves the right to enter into discussions
and negotiate amendments to construction, operation or
maintenance standards. Before such modifications shall become
effective, all grantees hereunder shall agree to any
_..; amendments that modify a franchise prior to the expiration of
the franchise term.
E. The granting of any franchise shall not
waiver to the exercise of any governmental right
the City. The City Council is hereby authorized
to adjust, settle or compromise any controversy
Grantee and the City arising from the operations
Grantee.
SECTION 8: PERMITS, INSTALLATION AND SERVICE:
constitute a
or power of
and empowered
Between the
of the
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 make service
available to subscribers in all areas designated on the map
accompanying the application for franchise and to all public
schools within the City.
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
PAGE SIX
beginning of construction and installation in the event the
grantee acting in good faith experiences delays by reason of
circumstances beyond its 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.
SEGTIGN 10: t'Z~MG'vAL ieivD iiBAivDONbir~IvT BY GRANTEE:
A. In the event that the use of a substantial part of
the CATV system is discontinued for any reasonable cause for
continuous period of three (3) months or the franchise has
been terminated, canceled 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: The
grantee shall, one time during the term of its franchise, at
its own 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 Words by reason of traffic
conditions, public safety, street vacation, 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. The costs of
any subsequent actions required by the Director of Public
works to protect, support or relocate the same property of the
grantee shall be borne by the City.
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 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 grantee shall, with the filing of an acceptance
of award of any 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
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,
plus a reasonable allowance for the attorneys' fees and costs
up to the full amount of the bond; said condition to be a
continuing obligation for the duration of the franchise. The
PAGE SEVEN
bond shall provide
of intention not to
given to the City.
that thirty (30) days prior written notice
renew, cancellation or material change, be
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 the grantee's
CATV franchise, including claims, demands, actions, suits,
liabilities and judgments 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
attorneys' fees, expert witness fees, court costs or other
expenses in connection therewith; provided that City shall
have first promptly notified grantee of any such claim and
offered the grantee the opportunity to appear in and defend
the City. Nothing in this provision shall be construed to
impose on the grantee a duty to indemnify or defend the City
against a claim .that any exercise of the City's police powers
or governmental authority is invalid for any reason. The
foregoing obligations shall exist and continue without
reference to or limitation by the amount of any bond or policy
of insurance.
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, protecting the City,
its officers, boards, commissions, agents and employees
against liability for loss or damage for personal injury,
death and property damage, occasioned by the operations of
grantee under such franchise. Said policy shall have minimum
liability limits of $100,000.00 for personal injuries or death
of any one person and $300,000.00 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, and
shall be in a company approved by and in a form acceptable to
the City Attorney.
C. The policy mentioned in the foregoing paragraph shall
be primary 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. The grantee agrees that the City may review such of
its books and records, during normal business hours and on a
nondisruptive basis, as is reasonably necessary to monitor
compliance with the terms hereof. Such records shall
include, but shall not be limited to, any public records
required to be kept by the grantee pursuant to the rules and
regulations of the FCC. Notwithstanding anything to the
contrary set forth herein, grantee shall not be required to
disclose information which it reasonably deems to be
PAGE EIGHT
proprietary or confidential in nature. The City agrees to
treat any information disclosed by the grantee to it on a
confidential basis, and only to disclose it to employees,
representatives, and agents thereof that have a need to know,
or in order to enforce the provisions hereof.
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 it operations affairs, transactions or
property in connection with the franchise as required by this
' ordinance or the franchise.
C. Grantee shall file with 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 PROVISIONS:
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 grantee must pay to the City a sum of money
sufficient to reimburse it for expenses incurred by it in
publishing legal notice and ordinances in connection with the
grantee with written statement of such expense.
C. The grantee shall maintain a toll-free telephone
number, with twenty-four (24) hour-per-day answering or
referral service, so that CATV maintenance service shall be
promptly available to subscribers.
D. 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 log shall be
made available for the periodic inspection by the City.
E. Grantee shall bear the prime responsibility for
appropriate corrective action whenever improper performance is .-
detected in any part of the system, regardless of whether
public utility distribution facilities are utilized.
F. No person, firm or corporation in 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 has not paid the
applicable connection fee or the applicable monthly service
charge, or has been involved in theft of or unauthorized
access to cable services.
G. 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.
H. Any franchise granted pursuant to the provisions of
this ordinance authorizes only the operation of the CATV
system as provided herein and does not take the place of any
other franchise, license or permit which might be required by
law of the grantee.
I. 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.
PAGE NINE
J, The grantee shall install and maintain its wires,
cables, fixtures and other equipment in accordance with the
=equirements 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.
g, All structures and all lines, equipment and
connections in, over, under, and upon the streets, sidewalks,
alleys and public says or places of the City wherever situated
or located, shall at all times be kept and maintained in a
safe, suitable, substantial condition and in good order and
' repair.
z, _,
L. 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, and shall maintain a technical
staff that is capable of responding on a 24-hour, on-call
basis.
M. Grantee shall at all times during the life of any
franchise maintain studio facilities and a business office
within the City. The business office shall be open during all
normal business hours and shall be equipped and staffed to
allow customers to make billing inquiries, pay bills, order
or cancel services, receive or return converter devices, and
to dispatch service personnel and equipment.
N. The grantee shall limit failures to minimum by
locating and correcting malfunctions promptly.
O. Copies of all petitions, applications and
communications submitted by the grantee to the Federal
Communications Commission, Security and Exchange Commission,
or any other federal, state or local regulatory commission or
agency having jurisdiction in respect to any matters affecting
CATV operations authorized pursuant to the ordinance, shall
also be submitted simultaneously to the Director of Public
Works.
SECTION 17: USE OF UTILITY POLES AND FACILITIES: AGREEMENTS:
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 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:
1. 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 hearing. Such resolution
shall direct the City Clerk to publish the same at least once
within fifteen (15) days of passage thereof.
2. The City Clerk shall cause such resolution to be
published at least one in one newspaper of general circulation
in the City and shall cause a copy of same to be mailed or
PAGE TEN
delivered to any grantee not less than ten (l0) days prior to
the time fixed for hearing thereon.
3. At the time for public hearing, or at any
adjournment 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
and 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:
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 any
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 may be made available on
the basis of cost of materials, labor and easements if
required by the grantee.
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 franchise
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 number and identification of channels
proposed to be carried on the CATV system.
B. Upon consideration of any 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
PAGE ELEVEN
television viewers and subscribers in the City. If favorably
considered, the application submitted shall constitute and
form a part of the franchise and 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 granting thereof may 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 (l0) 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, by 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: ACCEPTANCE AND EFFECTIVE DATE OF FRANCHISE:
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
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 be unlawful for any person to construct, install. or
maintain within any public street in the City, or within any
other public property of the City, or within any privately-
owned area within the City which has not yet become a public
street but is designated or delineated as 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 CATV system, unless a
franchise authorizing such use of such street or property or
area has first been obtained pursuant to this provision of
this ordinance, and unless such franchise is in full force and
effect.
C. It shall be unlawful for any person, firm or
corporation to make any unauthorized connection whether
physically, electronically, acoustically, inductively or
j otherwise,. with any part of a franchised CATV system within
this City for the purpose of taking or receiving television
signals, radio signals, pictures, programs, or sound, or for
the purpose of enabling himself or others to receive any
television signal, radio signal, picture, program or sound,
without payment to the owner of said system.
D. 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.
PAGE TWELVE
SECTION 22: EFFECTIVE DATE: This ordinance shall become
effective on the 30th day after the date of its adoption.
SECTION 23: 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.
INTRODUCED AND APPROVED UPON FIRST READING this 28th day of
March, 1989, upon the following vote:
WINKLER.
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: BUCK
ABSTENTIONS: COUNCILMEMBERS: NONE.
PASSED, APPROVED AND ADOPTED UPON SECOND READING this 11th
day of April, 1989, .upon the following roll call vote:
AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY,
WINKLER.
NOES: COUNCILMEMBERS: NONE
ABSENT:. COUNCILMEMBERS: WASHBURN
ABSTENTIONS: COUNCILMEMBERS: NONE
, C~}ty~ A
APPROVED AS TO FORM AND LEGALITY:
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore,
'DO HEREBY CERTIFY that the foregoing Ordinance had its first reading
'_._,on March 28, 1989, and had its second reading on April 11, 1989 and
was passed by the following vote:
AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY,
WINKLER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: WASHBURN
ABSTAIN: COUNCILMEMBERS: NONE
C ~\-e~ciJZ~dl
VICKI LYN KASAD, CITY CLERK
CITY OF LA E ELSINORE
(SEAL)
,STATE OF CALIFORNIA )
,___COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore,
DO HEREBY CERTIFY that the above and foregoing is a full, true and
correct copy of Ordinance No. 855, of said Council, and that the same
has not been amended or repealed.
DATED: April 26, 1989
VICKI LYNN KP.SAD, CITY CLERK
CITY OF LA ELSINORE
(SEAL)
__