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ORDINANCE NO. 213
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF IRWINDALE ADOPTING
CERTAIN REGULATIONS RELATING TO
FRANCHISES FOR COMMUNITY ANTENNA
TELEVISION SYSTEMS.
THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES ORDAIN
AS FOLLOWS:
SECTION 1. That Chapter 5 of Article IV of the
Irwindale Municipal Code, consisting of Sections 4500 through
4505, inclusive, is hereby repealed and rescinded.
SECTION 2. That Chapter 5 of Article IV, consisting
of Sections 4500 through 4523, inclusive, is hereby added to
the Irwindale Municipal Code, to read as follows:
"CHAPTER 5 - FRA'NCHISES FOR
COMMUNITY ANTENNA
TELEVISION SYSTEMS"
"4500'. 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
singular number, and words in the singular
number include the plural number.
(a) CITY shall mean the City of
Irwindaleti
(b) COUNCIL shall mean the City Council
of the City.
(c) CODE shall mean the Irwindale
Municipal Code.
(d) FRANCHISE shall mean and include any
authorization granted hereunder in terms of a
franchise, privilege, perr6it license or other-
wise to construet,.opeiate and maintain a CATV
system in the City.' Any such authorization, in
whatever term granted, shall not mean and
include any license or permit required for the
privilege of transacting and carrying on a
business within the City in accordance with
Section 6200 et seq. of this Code.
(e) GRANTEE shall mean the person, firm
or corporation to whom or which a franchise, as
hereinabove defined, is granted by the Council
pursuant to this Chapter.
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Ordinance no. 213
(f) STREET shall mean the surface of and
the space above and below any public street,
road, highway, freeway, lane path, alley, court,
sidewalk, parkway or drive, now or hereafter
existing as such within the City.
(g) PROPERTY.OF GRANTEE shall mean all
property owned, installed or used by a grantee
in the conduct of a CATV business in the City
under the authority of a franchise granted
hereunder.
(h) CATV shall mean a community antenna
television system as hereinafter defined.
(i) COMMUNITY ANTENNA TELEVISION SYSTEM
shall mean a system of antenna, coaxial cables,
wires, wave guides or other conductors, equip-
ment or facilities designed, constructed or
used for the purpose of providing television
or FM radio service by cable or through its
facilities as herein contemplated. CATV shall
not mean or include the transmission of any
special program or event for which a separate
and distinct charge is made to the subscriber
in the manner commonly known and referred to
as 'pay television'.
(j) SUBSCRIBER shall mean any person or
entity receiving for any purpose the CATV
service of a grantee.
(k) GROSS ANNUAL RECEIPTS shall mean any
and all compensation and other consideration
in any form whatever, including, but not limited
to, any contributing grant or subsidy received
directly or indirectly by a grantee from sub-
scribers or users in payment for television or
FM radio signals or service received within the
City, and installation and line extension
charges.
Gross Annual Receipts shall not include any
property or sales and use taxes on services
furnished by the grantee imposed directly on any
subscriber or user by any city, state or other
governmental unit and collected by the grantee
for such governmental unit."
"4501. EXCLUSIVE USE OF TELEPHONE
FACILITIES. When and in the event that the
grantee of any franchise granted hereunder
constructs, operates and maintains a CATV system
exclusively through telephone company facilities
constructed, operated and maintained pursuant to
a state -granted telephone franchise and offers
satisfactory proof that in no event during the
life of such franchise shall the grantee make
any use of the streets independently of such
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Ordinance No. 213
telephone company,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'."
"4502. FRANCHISE TO OPERATE. A non-
exclusive 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, pursuant to the
provisions of this Chapter.
INo provision of this Chapter shall be
deemed or construed, so as to require the
granting of a franchise when in the opinion
of the Council it is in the public interest
to restrict to a specific number the franchises
for such service."
"4503. USES PERMITTED BY GRANTEE. Any
franchise granted hereunder shall authorize
and permit thegrantee to engage in the
business,of operating and providing a CATV
system in the City, and for that purpose to
erect, install, construct, repair, replace,
reconstruct, maintain and retain in, over,
on, under, upon, across, and along any public
street,. such poles, wires, cable,, conductors,
ducts, conduit, vaults, manholes, amplifiers,
applicances, attachments and other property
as may be necessary and appurtenant to the
CATV system; and ,in addition, so to use,
operate., and provide similar facilities or
properties rented or leased from other persons,
firms or corporations, including,but not
limited to any public utility or other grantee
franchised or permitted to do business in the
City.
No franchise granted hereunder shall be
construed as a franchise, permit or license
to transmit any special program or event for
which a separate and distinct charge is made
to the subscriber in the manner commonly known
and referred to as 'pay television.', and no
grantee shall directly or indirectly install,
maintain or operate on any television set a
coin box or any other device or means for
collection of money for individual programs.
The grantee may make a charge to sub-
scribers for installation or connection to
its CATV system and fixed monthly charge as
filed, and approved as herein provided. No
increase in the rates and charges to sub-
scribers, as set forth in the schedule filed
and approved with grantee's application, may
be made without the prior approval of the
Council expressed by resolution."
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Ordinance No. 213
"4504. DURATION OF RRANCHISE. No
franchise granted by the Council under this
Chapter shall be for a term longer than ten
(10) years following the date of acceptance
of such franchise by the grantee or the
renewal thereof.
Any such franchise granted hereunder may
be terminated prior to its day of expiration
by the Council in the event that said Council
shall have found, after thirty (30) days'
notice of any proposed termination and public
hearing, that:
(a) the grantee has failed to
comply with any provision of this
Chapter, or other law, or has, by
act, or omission, violated any term
or condition of any franchise issued
hereunder; or
(b) any..provision of this
Chapter has become invalid or unen-
forceable and the Council further
finds that such provision constitutes
a consideration material to the grant
of said franchise; or
(c) the City acquires the CATV
system property of the grantee."
"4505. FRANCHISE PAYMENTS. Any grantee
granted a franchise under this Chapter shall
pay to the City, during the life of such
franchise, a sum equal to two (2%) percent of
the gross annual receipts of the grantee.
Such payment by the grantee to the City shall
be made annually, or as otherwise provided in
the grantee's franchise, by delivery of the
same to the Director of Finance of City.
The grantee shall file with the City,
within thirty (30) days after the expiration
of any calendar year or portion thereof during
which such franchise is in force, a financial
statement prepared by a certified public
accountant, or person otherwise satisfactory
to the Council, showing in detail the gross
annual receipts, as defined herein, of grantee
during the preceding calendar year or portion
thereof. It shall be the duty of the grantee
to pay to the City, within ten (10) days
after the time for filing such statements,
the sum hereinabove prescribed or any unpaid
balance thereof for the calendar year or
portion thereof covered by such statements.
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Ordinance No. 213
In any year, or portion thereof,
following the first full year in which
service has been provided and during which;.:
payments under this section amount to less
than $1,200.00 per year, grantee shall pay
the City as a minimum, an amount equal to
$1.,;00.00 per year.
The City shall have the right to inspect
the grantee's records showing the gross
receipts from which its franchise payments
are computed and the right of audit and
recomputation of any and all amounts due
hereunder. No acceptance of any payment shall be
construed as a release or as an accord and
satisfaction of any claim the City may have
l for further or additional sums payable here-
under, or for the performance of any other
obligation hereunder.
In the event of any holding over after
expiration or other termination of any franchise
granted hereunder, without the consent of the
City, the grantee shall pay to the City reasonable
compensation and damages, of not less than fifty
(50%) percent of its total gross profits during
said period."
"4506. LIMITATIONS OF FRANCHISE.
(a) Franchises granted hereunder shall be
nonexclusive.
(b) No privilege or exemption shall be
granted or conferred by any franchise granted
hereunder 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 use or occupancy of the streets or
other public property.
(d) Any such franchise shall be a
privilege to be held in personal trust by
the original grantee. It cannot in any
event be sold, transferred, leased, assigned
or disposed of, in whole or in part, either
by forced or involuntary sale, or by
voluntary sale, merger, consolidation or
otherwise, without the prior consent of the
Council expressed by resolution, and then
only under such conditions as may therein
be prescribed. Any such transfer or assign-
ment shall be made only by an instrument in
writing, a duly executed copy of which shall
be filed in the office of the City Clerk
within thirty (30) days after any such trans-
fer or assignment. The said consent of the
Ordinance No. 213
Council may not be arbitrarily refused;
provided, however, the proposed assignee
must show financial responsibility and must
agree to comply with all provisions of this
Chapter; and provided, further, that no
such consent shall be required for a transfer
in trust, mortgage or other hypothecation as
a whole, to secure an indebtedness.
(e) Time shall be of the essence of any
such franchise granted hereunder, The grantee
shall not be relieved of his obligation to
comply promptly with any of the provisions of
this Chapter or by any failure of the City to
enforce prompt compliance.
(f) Any right or power in, or duty
impressed upon, any officer, employee, depart-
ment, 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 Chapter or of any
franchise issued hereunder or because of its
enforcement.
(h) The grantee shall be subject to all
requirements of this Chapter, and other appli-
cable laws, rules, regulations and specifications
heretofore or hereafter enacted or established.
(i) Any such franchise granted shall not
relieve the grantee of any obligation involved
in obtaining pole space from any department of
the City, utility company or from others
maintaining poles 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 or pertaining to the construction,
operation, or maintenance of any CATV system
in the City; and the acceptance 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, any and
all construction, operation and maintenance by
any grantee of any CATV 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 under or pursuant to
any other right, privilege, power, immunity or
authority whatsoever."
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Ordinance No. 213
"4507. RIGHTS RESERVED TO THE CITY.
(a) 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 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, either
for a term or in perpetuity, the.City's right of
eminent domain.
(b) There is hereby reserved to the City
every right and power which is required to be
herein reserved or provided by any law of the
City, and the grantee, by its acceptance of any
franchise, agrees to be bound thereby and to
comply with any action or requirements of the
City in its exercise of such rights or power,
heretofore or hereafter enacted or established.
(c) Neither the granting of any franchise
hereunder nor any of the provisions contained
herein shall be construed to prevent the City
from granting any identical, or similar, franchise
to any other person, firm or corporation, within
all or any portion of the City.
(d) There is hereby reserved to the City
the power to amend any section or part of this
Chapter so as to require additional or greater
standards of construction, operation, main-
tenance or otherwise, on the part of.the grantee.
(e) Neither the granting of any franchise
nor any provision hereof shall constitute a
waiver or bar to the exercise of any governmental
right or power of the City.
(f) The Council may do all things which
are necessary and convenient in the exercise of
its jurisdiction under this Chapter and may
determine any question of fact which may arise
during the existence of any franchise granted
hereunder. The City Coordinator is hereby
authorized and empowered to adjust, settle, or
compromise any controversy or charge arising
from the operations of any grantee under this
Chapter, 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
decision of the City Manager may appeal the
matter to the Council for hearing and 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
any grantee or from any provision of this Chapter."
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Ordinance No. 213
"4508. PERMITS, INSTALLATION AND SERVICE.
(a) Within thirty (30) days after acceptance
of a 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,
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, or their
associated microwave transmission facilities.
(b) Within ninety (90) days after obtain-
ing -all necessary permits, licenses and authorizations,
grantee shall commence construction and installa-
tion of the CATV system.
(c) Within ninety (90) days after the
commencement of construction and installation
of the system, grantee shall proceed to render
service to subscribers, and the completion of
the construction and installation shall be
pursued with reasonable diligence thereafter,
so that service to all areas designated on
the map accompanying the application for fran-
chise, as provided in Section 4504 hereof,
shall be provided within one (1) year from
the date that service was first provided.
(d) Failure on the part of the grantee to
commence and diligently pursue each of the fore-
going requirements and to complete each of the
matters set forth herein, shall be grounds for
termination of such franchise, under and pursuant
to the terms of Section 4505 hereof; provided,
however, that the Council in its discretion
may extend the time for the commencement and
completion on construction and installation
for additional periods for good cause shown
by the grantee."
"4509. LOCATION OF PROPERTY OF GRANTEE.
(a) Any poles, wires, cable lines,
conduits or other properties of the grantee
to be constructed or installed in streets,
shall be so constructed or installed only at
such locations and.in such manner as shall
be approved by the City Manager acting in the
exercise of his reasonable discretion.
(b) The grantee shall not install or
erect any facilities or apparatus in or on
other public property, places or rights-of-way,
or within any privately -owned area within the
City which as 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, except those installed
or erected upon public utility facilities now
'305
Ordinance No. 213
facilities now existing, without obtaining
the prior written approval of the City Manager.
(c) In those areas and portions of the
City where the transmission or distribution
facilities of both the public utility providing
electric service are underground or hereafter
may be placed underground, then the grantee
shall likewise construct, operate and maintain
all of its transmission and distribution
facilities underground. For the purpose of
this subsection, 'underground' shall include
a partial underground system, e.g. streamlining.
Amplifiers in grantee's transmission and
distribution lines may be in appropriate
housing upon the surface of the ground as
approved by the City Manager."
"4510. REMOVAL AND ABANDONMENT OF PROPERTY
OF GRANTEE.
(a) In the event that the use of any part
of the CATV system is discontinued for any reason
for a continuous period of twelve (12) months,
or in the event such system or property has been
installed in any street or public place without
complying with the requirements of grantee's
franchise or this Chapter, or the franchise
has been terminated, cancelled or has expired,
the grantee shall promptly, upon being given
ten (10) days' notice, remove from the streets
or public places all such property and poles
of such system other than any which the City
Manager may permit to be abandoned in place.
In the event of such removal., the grantee shall
promptly restore the street or other area from
which such property has been removed to a
condition satisfactory to the City Manager.
(b) Any property of the grantee remaining
in place thirty (30) days after the termination
or expiration of the franchise shall be considered
permanently abandoned. The City Manager may
extend such time, not to exceed an additional
thirty (30) days.
(c) Any property of the grantee to be
abandoned in place shall be abandoned in such
manner as the City Manager shall prescribe.
Upon permanent abandonment of the property of
the grantee in place, the property shall become
that of the City, and the grantee shall submit
to the City Manager an instrument in writing,
to be approved by the City Attorney, transferring,
to the City the ownership of such property."
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Ordinance No. 213
"4511. CHANGES REQUIRED BY PUBLIC IMPROVE-
MENT. The grantee shall, at its expense, protect,
support, temporarily disconnect, relocate in the
same street or other public place, or remove from
the street or other public place, any property
of the grantee when required by the City Manager
by reason of traffic conditions, public safety,
street vacation, freeway and street construction,
change or establishment of street grade, installa-
tion of sewers, drains, water pipes, power lines,
signal lines and tracks or any other type of
structures or improvements by public agencies,
including street widening projects; provided,
however, that the grantee shall in all such
cases have the privileges and be subject to
the obligations to abandon any property of the
grantee in place, as provided in Section 4510
hereof."
"4512. FAILURE TO PERFORM STREET WORK.
Upon failure of the grantee to commence, pursue
or complete any work required by law or by
the provisions of this Chapter or by its
franchise, to be done in any street or other
public place, within the time prescribed, and to
the satisfaction of the City Manager, he may,
at his option, cause suth work to be done and
the grantee shall pay to City the .cost thereof
in the itemized amounts repurted by him to the
grantee within thirty (30) days after receipt
of such itemized report."
"4513. FAITHFUL PERFORMANCE BOND.
(a) The grantee shall, concurrently with
the filing of and acceptance of award of any
franchise granted under this Chapter, file with
the City Clerk and at all times thereafter main-
tain in full force and effect for the term of
such franchise or any renewal thereof, at
grantee's sole expense, a corporate surety bond
in a company, and in a form approved by the City
Attorney, renewable annually, and conditioned upon
the faithful performance of grantee, and upon
the further condition that in the event grantee
shall fail to comply with any one or more of
the provisions of this Chapter, or of any franchise
issued to the grantee hereunder, there shall be
recoverablejointly and severally from the
principal and surety of such bond any damages
or loss suffered by the City as a result thereof
including the full amount of any compensation,
indemnification, or cost of removal or abandon-
ment of any property of the grantee as prescribed
hereby which may be in default, plus a reasonable
allowance for attorney's fees and costs, up to
the full amount of the bond; said condition to
be a continuing obligation for the duration of
such franchise and any renewal thereof and there-
after until the grantee has liquidated all of
its obligations with the City that may have
307
Ordinance No. 213
arisen from the acceptance of said franchise
or renewal by the grantee or from its exercise
of any privilege therein granted. 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 the provisions of this section,
nor any bond accepted by the City pursuant here-
to, nor any damages recovered by the City there-
under, shall be construed to excuse faithful
performance by the grantee or limit the liabil-
ity of the grantee under any frachise issued
hereunder or for damages, either to the full
amount of the bond or otherwise."
"4514. INDEMNIFICATION OF CITY.
(a) The grantee shall, concurrently with
the filing of an acceptance of award of any
franchise granted under this Chapter, furnish
to the City and 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 liability
insurance policy in the amount, and in a company
by the City Manager, and in a form satisfactory
to the City Attorney, indemnifying and saving
harmless the City, its officers and employees
from and against any and all claims, demands,
actions, suits, and proceedings by others,
against all liability to others, and against
any loss, cost, expense and damage resulting
therefrom, including reasonable attorney's
fees, arising out of the exercise or enjoyment
of its franchise, irrespective of the amount
of the comprehensive liability insurance policy
required hereunder.
(b) The grantee shall, concurrently with
the filing of an acceptance of award of any
franchise granted under this Chapter, furnish
to the City and file with the City Manager, 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 the City Coordinator and
a form and in amounts satisfactory to the City
Attorney, protecting the City and all agents,
officers and employees of City against liability
for loss or damage for personal injury, death
and property damage, occasioned by the operations
of grantee under such franchise.
(c) The policies mentioned in the fore-
going paragraph shall name the City, its officers,
boards, commissions, agents and employees, as
additional insureds and shall contain a provision
that a written notice of cancellation or reduction
in coverage of said policy shall be delivered to
the City thirty (30) days in advance of the
effective date thereof; if such insurance is
provided by a policy which also covers grantee
3 Ordinance No. 213
or any other entity or person other than those
above named, then such policy shall contain the
standard cross -liability endorsement."
"4515. INSPECTION OF PROPERTY AND RECORDS.
(a) At all reasonable times, the grantee
shall permit any duly authorized representative
of the City to examine all property of the grantee,
together with any appurtenant property of the
grantee situated within or without the City, and
to examine and transcribe any and all maps and
Other records kept or maintained by the grantee
or under its control which deal with the operations,
affairs, transactions or property of the grantee
with respect to its franchise. If any such maps
or records are not kept in the City, or upon
reasonable request made available in the City,
and if the Council shall determine that an
examination thereof is necessary or appropriate, then
all travel and maintenance expense necessarily
incurred in making such examination shall be
paid by the grantee.
(b) The grantee shall prepare and furnish
to the City Manager at the times and in the
form prescribed by him, such reports with respect
to its operations, affairs, transactions or
property, as may be reasonably necessary or
appropriate to the performance of any of the
rights, functions or duties of the City or any
of its officers in connection with the franchise.
(c) The grantee shall at all times make
and keep in the City full and complete plans
and records showing the exact location of all
CATV system equipment installed or in use in
streets and other public places in the City.
(d) The grantee shall file with the City'
Manager, on or before the last day of March
of each year, a current map or set of maps
drawn to scale, showing all CATV system equip-
ment installed and in place in streets and
other public places of the City, as permitted
by the franchise."
"4516. OPERATIONAL STANDARDS. The CATV
system shall be installed and maintained in
accordance with the highest and best accepted
standards of the industry so that suhscribers
shall receive the highest possible service.
In determining the satisfactory extent of such
standards the following, among others, shall
be considered:
(a) That the system is installed using
all band equipment capable of passing the entire
Ordinance No. 213
VHF and FM spectrum, and that it have the
further capability of converting UHF for dis-
tribution to subscribers on the VHF band.
(b) That the system, as installed, be
capable of passing standard color TY s*gnats
without the introduction of material degradation
on color fidelity and intelligence.
(c) That the system and all equipment
be designed and rated for 24-hour per day con-
tinuous operation.
(d) That the system prdvides q,.nomin&l
signal level of 2000 microvolts at the input
terminals of each TV receiver.
(e) That the system signal-to-noise ratio
is not less than 40 decibels.
(f) That hum modulation of the picture
signal is less than 5%.
(g) That the system use components having
a VSWR of 1.4 or less."
"4517. MISCELLANEOUS PROVISIONS.
(a) When not otherwise prescribed herein,
f all matters herein required to be filed with
the City shall be filed with the City Clerk.
(b) The grantee shall pay to the City
a sum of money sufficient to reimburse it for
all publication expenses incurred by it in
connection with the granting of a franchise
pursuant to the provisions of this Chapter.
Such payment shall be made within thirty (30)
days after the City furnishes the grantee with
a written statement of such expenses.
(c) The grantee shall maintain an office
within the City limits or at a location which
subscribers may call without incurring added
message or toll charges so that CATV maintenance
service shall be promptly available to sub-
scribers.
(d) No person, firm or corporation in
the existing service area of the grantee shall
be arbitrarily refused service; provided, however,
that the grantee shall not be required to pro-
vide service to any subscriber who does not pay
the applicable connection fee or monthly service
charge."
"4518. USE OF UTILITY POLES & FACILITIES.
AGREEMENT. When any portion of the CATV system
is to be installed on public utility poles
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Ordinance No. 213
and facilities, certified copies of the agree-
ments for such joint use of poles and facil-
ities shall be filed with the City Clerk."
"4519. APPLICATION FOR FRANCHISE.
(a) Application for a franchise hereunder
shall be in writing, shall be filed with the
City Clerk and shall contain the following
information:
(1) The 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 offices, major stockholders and
associates, and the names and
addresses of parent and subsidiary
companies.
(2) A statement and description
of the CATV system proposed to be con-
structed, installed; maintained or
operated by the applicant; the proposed
location of such system and its various
components; the manner in which appli-
cant proposes to construct, install,
maintain and operate the same; and,
particularly, the extent and manner in
which existing or future poles or other
facilities of other public utilities will
be used for such system.
(3) A description, in detail, of
the public streets, public places and
proposed public streets within which
applicant proposes or seeks authority
to construct, install or maintain any
CATV equipment or facilities; a detailed
description of the equipment or
facilities proposed to be constructed,
installed or maintained therein; and the
proposed specific location thereof.
(4) A map specifically showing
and delineating the proposed service
area or areas within which applicant
proposes to provide CATV services and
for which a franchise is requested.
(5) A statement or schedule in a
form approved by the City Manager 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
311
Ordinance No. 213
accompany the application. For unusual
circumstances, such as underground
cable required, or more than 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 City,
service may be made available on the
basis of cost of materials, labor and
easements if required by the grantee.
(6) A copy of any contract, between
the applicant and any public utility
providing for the use of facilities of
such public utility, such as poles, lines,
or conduits.
(7) A statement setting forth
all agreements and understandings,
whether written, oral, or implied,
existing between the applicant and
any person, firm or corporation with
respect to the proposed franchise or
the proposed CATV operation. If a
franchise is granted to a person,
firm or corporation posing as a front
or as the representative of another
person, firm, or corporation and such
information is not disclosed in the
original application, such franchise
shall be deemed void and of no force
and effect whatsoever.
(8) A financial statementpre-
pared by a certified public accountant,
or personotherwisesatisfactory to
the Council, showing applicant's finan-
cial status and his financial ability
to complete the construction and
installation of the proposed CATV
system.
(9) 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 fran-
chise should be granted.
(b) Upon consideration of any such appli-
cation, the Council may refuse to grant the
requested franchise or the Council may grant
a franchise for a CATV system to any such applicant
Ordinance No. 213
as may appear from said application to be in
its opinion best qualified to render proper and
efficient CATV service to television viewers
and subscribers in the City. The Council's
decision in the matter shall be final. If favor-
ably considered, the application submitted shall
constitute and form part of the franchise as
granted.
(c) Any franchise granted pursuant to
this Chapter shall include the following con-
dition:
The CATV system herein franchised shall
be used and operated solely and exclusively
for the purpose expressly authorized by the laws
of this City, and no other purpose whatsoever.
Inclusion of the foregoing statement in
any such franchise shall not be deemed to limit
the authority of the City to include any other
reasonable condition, limitation or restriction
which it may deem necessary to impose in con-
nection with such franchise.pursuant to the
authority conferred by this Chapter."
"4520. FRANCHISE RENEWAL. Any franchise
granted under this Chapter is renewable upon
application of the grantee, in the same manner
and upon the same terms and conditions as required
herein for obtaining the original franchise,
except those which are by their terms expressly
inapplicable."
"4521. ACCEPTANCE AND EFFECTIVE DATE
OF FRANCHISE.
(a) No franchise granted pursuant to the
provisions of this Chapter shall become effective
unless and until the ordinance granting same
has become effective and, in addition, unless
and until all things required by this Chapter
are done and completed, all of such things being
hereby declared to be conditions precedent to
the effectiveness of any such franchise granted
hereunder. In the event any of such things are
not done and completed in the time and manner
required, the Council may declare the franchise
null and void.
(b) Within thirty (30) days after the
effective date of the ordinance awarding a fran-
chise, or within such extended period of time
as the Council in its discretion may authorize,
the grantee shall file with the City Clerk his
written acceptance, in a form satisfactory to
the City Attorney, of the franchise, and his
agreement to be bound by and to comply with
313
Ordinance No. 213
and to do all things required by him by the
provisions of this Chapter and the franchise.
Such acceptance and agreement shall be acknowl-
edged by the grantee before a notary public,
and shall in form and content be satisfactory
to and approved by the City Attorney."
"4522. VIOLATIONS.
(a) From and after the effective date of
this Chbapter, it shall be unlawful for any person
to establish, operate or to carry on the business
of distributing to any persons in this City
any television signals or radio signals by means
of a CATV system unless a franchise therefor
has first been obtained pursuant to the provisions
of this Chapter, and unless such franchise is
in full force and effect.
(b) From and after the effective date
of this Chapter, 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 de-
signated.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 CATV ,system;,unless a €ran-
chise authorizing such use of such street or
property or area has first been obtained pur-
suant to the provisions of this Chapter, and
unless such franchise is in full force and
effect.
(c) It shall be unlawful for any person,
firm or corporation to make any unauthorized
connection, whether physically, electrically,
acoustically, inductively or otherwise, with
any part of a franchised CATV system within
this City for the purpose of taking or receiving
television signals, radio signals, pictures,
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 enabling himself
or others to receive any television signal,
radio signal, picture, program or sound, with-
out payment to the owner of said system.
(e) It shall be unlawful for any person,
without the consent of the owner, to wilfully
tamper with, remove or injure any cables, wires
or equipment used for distribution of television
signals, radio signals, pictures, programs or
sound."
314
Ordinance No. 213
"4523. SEVERABILITY. If any section,
subsection, sentence, clause or phrase of this
Chapter 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 adopted the provisions hereof, and
each section, subsection, sentence, clause and
phrase hereof, irrespective of the fact that
any phe or more sections, subsections, sentences,
clauses, or phrases be declared illegal, invalid
or unconstitutional. The invalidity of any
portion of this Chapter shall not abate, reduce
or otherwise affect any consideration or other
obligation required of the grantee of any fran-
chise granted hereunder."
SECTION 3. That the City Clerk shall certify to the
adoption of this Ordinance and shall post the same in the
manner prescribed by law.
PASSED AND APPROVED this 2nd day of January, 1968.
Mike Miranda, Mayor
ATTEST:
Margafet S. Barbosa, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF IRWINDALE )
I, Margaret S. Barbosa, City Clerk of the City of
Irwindale do hereby certify that the foregoing Ordinance No.
213 was regularly introduced, adopted and passed at a regular
meeting of the City Council on the 2nd day of January, 1968,
by the following vote:
AYES: COUNCILMEN: Diaz, Breceda, P. Miranda and
M. Miranda.
NOES: COUNCILMEN: None.
ABSENT: COUNCILMEN: Barbosa.
Mar et S. Barbosa, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF IRWINDALF )
I, Margaret S. Barbosa, being first duly sworn, deposes
and says:
That she is the duly appointed and City Clerk of the
City of Irwindale, California, and is and was at all times
herein mentioned a citizen of the United States over the age
of eighteen years and competent to be witness herein.
On January 9, 1968, she securely and conspicuously
posted at each of the three designated public places in said
City.
Dated: January 9, 1968.
Marg et S. Barbosa, City Clerk
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