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O 189 C.S. ',~'.. >.<-; . (ORD I NANCE NO, 189' CS ( AN ORDINANCE OF THE CITY OF ARROYO GRANDE AMENDING THE ARROYO GRANDE MUNICIPAL CODE BY MiU!D I tlG CHAPTER 2 OF 11 TLE ~ OF THE M\fW'( (I GR/\NDE 11UN I C I PAL CODE TO PRTJlLJF FOR TilE REGUlAT! ON AND, GRNli I :1G or "rU,N- CHISE:; FO:, COMI1UNITY NHHH:A TELEVISION SYSTEt'15. The City Coullci I of lhf Ci ty uT Arroyo Grinde hereby o.d.Jins LI';> f/)] j:'~~-I3.: SE.CTION 1: Chaptc'( 2 iji Tit!.;:;: 5 of the J\n"oyo Gral):J.:~ Hunicipa1 Code is dlr,f-nded to read as follows: Section 5-2,01. Fr.lnc~ise _l.,! Operate. A nonexclusive franchise: to con~uuct, operate and maintain a CATV sy.stem ..ithin all or any portion of the Ci ty may be granted by the Counci I to any person, firm or corporation, whether operating under an existing franchise or not, who or ..hich 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 grantingof a franchise when in the opinion of the Counci I it is in the publ Ie: inter- est to restrict the number of grantees to one or more. Section 5-2.02., Definitions. For the purposes of this Ordinance, the following terms, phrases, words, abbre- viations,anCl their derivat'on shall have the meaning given herein. When not incon- sistent ~Jith the context, words used in'the present tense include the future tense, words in the plural number nclude the singular number, and words in the singular 'number i nc I ude the pI ura I nlJrnbe r. a. City. "City" shall mean the City of "Arroyo Grande, a municipal corpora- tion" of the State of Cal if.)rnia, in its present incorporated form or in any later reorganized, cons6lidated, ~n!argcd or re-incorporated form. b. Council. "Counci 1" shall mean the present governing body of the City or any futur" board constituthg the legislative body of the City. c. Franchise. "Franchise" shal I mean and include any authorization granted hereunder in terms of a franchise, privilege, permit license or otherwise to construct, operate and maintain a CATV system in the City, Any such authorization, in whatever term grant'ed, shall not mean and include any I icense or permit required for the privi- lege of transacting and carrying on a business >,; thin the City of Arroyo Grande. d. Grantee. "Grant€'e" shal I mean the person, firm or corporation to whom or which a franchise, as hereinabove defined, is granted by the Council under this Ordin- ance. and the lawful succe~sor, transferee or assignee of said person, firm or corpor- ation. e. Street, "Street" shall mean the surface of and the space above and below any public street, road, high",ay, free\1ay, lane, path, a11ey, court, sidewalk, park- >Jay, or drive, now or herei1fU,r existing as such >,;thin the City. f. Property of Grantee, "Property of Grantee" shaJ J mean all property o\.med, installed or used by a Grantee in the conduct of a CATV business in the City under the authority of a franchise granted pursuant to this Ordinance. g~ CATV. IICATVII sh,-,II mC',II' () cor.~!\\unit'l antenna television system as herein- after defined. I ., S ".' A t T I " S t " h. Community Antcnnil Tt: CVjSlon y~tt.~fH. LOPJI1JUfl1ty n f'nn() C eVISlon ys el11 shall me~J(J a system of ante-nnil, c(nxi.J1 c.)bfe~. vJircs. ~'/ave guides. or other conduc- tors, equipment or facil.it i(>'~ kh:<:.,ir:lned. conc,lr-ucted or u':;-:,'d for the purpose of provid- ing telc'/i<,jon or FI1 r<ldio ."j'Jndl::. by cab\(' 0'" ttH-au9" its faciJities cl~; herein con- templated, i. Busic Cilblt, Tclevisi')~l !)('i"'/icc. HBasic C]hlc Tclevision Service') shtlJJ mean tht~ retrtlnsmission of hr,)--~7J-Z~'0t-tCTcvisjnn. N1 or- FH radio c;igrt..:11<:;, for \-Ihich a fixed monthly r)crvic(~ ch,)r~j" j', ....-Jdc to ')ubscriber. - _.,."".~, . -,:-" ,,; ,.......,.' '.",' " ~~~---~~ .. I : ~~~ 0~9INA,NCE NO. 189 CS C (PAGE TWO ,., . j. . EXf,andedBroadband Commun i ca t i on Se rvi ce. "Expanded Broadband Commun i Ca- t,on ServIce shall "'ean the transmission of such additional S~rv'l~e 's f I .. . \:: ..... CJ, or exalnp e (but not by wa~ of 1,m~tatlon), pay television, alarm, data retrieval, meter readinc and home shopp,ng servIces. J k. Subscriber. "S~bscribet.1I shull mean any person or enti~'~' receiving for any purpose the CATV serv'ce of a Grantee, I. Gross Annual Basic Subscriber Revenues, "Gross Annual Basic Subsr,-;>)er Revenues" shall mean any and all compensation received directly bv the Gr< '", from subsct"ibers for regula,"ly furnished basic CATV service. Groos an;ual bask oJbs..:riber reven~es shall not incl~de revenues from pel p"ogri1m or, per channel ch~rg',,,, eqc:Ipme>nt deposIts, revenues receIved from any other aspect of expanded broadband co~~unicatio~ service or any taxes on services furnished by the Grantee imposed by any city,' state or other governmenta 1 un it., m. Isolated Residence. "Isolated Residence" shall mean a single residence wh i ch is located more than 150' beyond the CATV d j s t r i but ion fac i It i es and cannot be served with a standard 150' aerial drop cable. n. Isolated Group of Residences. "Isolated Group of Residences" shall mean a development or group'of residences which would require construction of more than one strand mile of aerial CATV plant to serve less than 60 residences or pro rata portions' . thereof. ' , Section 5-2.03. Franchise and Requirements. a. Uses Permitted by Grantee. Any franchise granted pursuant to the provisions of this OrdinancE:' 'shall authorize and permit the Grantee to engage in the business of operating and providing a CATV system in the City, and for that purpose to erect, install, construct, repair, replace, reconstruct, maintain and retain in, on, over, under, upon, across and along any public street, such poles, wires', cable, conductors; ducts, conduit, vaults, manholes, amplifiers, appliances, attachments, and other property as may be necessary and appurtenant to the CATV system; and in addition. so I 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. b. Charges to Subscriber. (I) The Grantee may make a charge to subscriber for installation or connec- tion to its CATV system and a fixed monthly charge for basic cable television service, (2) The Grantee may provide optional expanded broadband communication service/s for which additional installation and recurring charges may be made. Nothing herein shall be construed as requiring subscribers to the basic television service to also subscribe to the broadband communicat ions service/so 0) Rates for basic cable televis ion service as fj led and approved as herein provided may not be' increased without prior approval of the council ex- pressed by ordinance. (4) Rates to be charged for expanded broadband communication service/s shall be at the Grantee's discretion and shall not require approval of the counc I , . (5) Not"'; thstanding anything contained in (3) above: in the event ~rantce is required to pay a copyright fee or royalty with respect to .ts basic cable television service, Grantee shall be permitted to increase the rates ~hich it charges subscribers receiving such service in an aggregate ~mount equal to the copyright fee or royalty paid by Grantee \'Jithout beinq required to obtain approved of the City Council. C. O"ration of Franchise. No franchise granted by the Council under this Ordin- ance Shill I be for' a term lon,!er than fi fteen (15) years following the date of acceptance of such franchise by the Grantee or the renewal thereof. Any such franchise gra"ted hereul1'kr "'''y be terminated prior to its dat? of cxpiratio~ by ~h" Council in the event that said Counci I shal I have found, after th,rty (30) days not,ce of any proposed termination and public hearing, that: (I) The Grantee has failed to co",ply ,,,itll any provision 0: ~his Ordinance or nos, by act or omission, violated any term or condition ~f any fr~n- .,ur\\.} II'tHI'H..t. NU. 10::1 l.~ ( I C PAGE THREE ..- .. . , . . chise or permit issued hereunder; or (2) Any provision of this Ordinance has become invalid or unenforcea01e and the Council further finds that such provision constitutes a con- sideration material to'the grant of said franchise; or (3) The City acquires the CATV system ;:>roperty of the Grantee. d. Franchise Payments. (1 ) Any Grantee grante'd a franchise under this Ordinance shall pey to the City, during the life of such franchise, a sum equal to tv:c percent (2%) of the gross annual basic subscriber revenues of the Gractee. Such payment by the Grantee to the City shall be made monthly by de- livery of the same to the Finance Officer. This payment shall be in , lieu of any business license or other occupational tax. (2) The Grantee shall file with t~e City, within ninety 190) ~ays after the expiration of any fiscal year or portion thereof during which such franchise is in force, a financial statement prepared by a cert- ified public accountant, or person otherwise satisfactory to the Council, showing in detail the basic subscriber revenues, as defined herein, of Grantee during the preceding .fiscal year or port ion thereof. It shall be the duty of the Grantee to pay to the City, within fifteen (15) days after the time for fi1ing such statements, the sum hereinabove prescribed for any ,unpaid balance thereof for the fIscaL, year or portion thereof covered by such statements. ~ (3) In any year, or portion thereof, following the first full year service , ,has been provided and during which payments under this section' amount to less than One Hundred Dollars ($100.00) per month, grantee shall pay the City as a minimum an amount equal to One Hundred Dollars($lOO.OO) per month. , (4) 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 paid under this Ordinance. No acceptance of any payment shall be construed as a release or as an accord and satisfaction of any claim the City may have for further or additional sums payable under this Ordinance or for the performance of any other obligation hereunder. (5) In the event of any holding over after expiration or other termination of any franchise granted hereunder, without the consent of the City, the Grantee shall pay to the City reasonable compensation and damages, of not less than One Hundred Percent (100%) of its total gross profits during said period. e. Perm its, Installation and Service. (1) Within sixty (60) days after acceptance of any franchise the Grantee shall proceed with due diligence to obtain all necessary permits and authorizations which are required in the conduct of its business, in- cluding but not I imited to; any utility joint use attachment agreements, microwave carrier I icenses, and any other permi ts, I icenses and author-' izations to be granted by duly constituted regulatory agencies having jurisdiction over the operation of CATV systems, or their associated microwave transmission faciJ ities. (2) Within ninety (90) days after obtaining ai 1 necessary permits. 1 i ce.f"jses and authorizations, Grantee shall commence construction and instiJllation of the CATV system. 0) Within ninety (90) days after the commencement of construction and in- stallation of the system, Grantee shall proceed to render service to subscribers, and the completion of the construction and installation shall be pursued with reasonahle diligence thereafter. so that service to allare~s designated on the map accompanying the iJpplication for fran- chise, as provided in Section 5-2.05 hereof. shall be provided, ",ilpin one (I) yeiJr (rom the date that service was first provided. -----~--- --~ ,.;" ~ .._.~~~,:,~,.r' '" ORDINANCE NO. 189 CS ( J' C PAGE FOUR , (4) Fai lure on the par~ of the.Grantee to commence and di ligently pursue each of the fo~ego'ng requl rements and to complete each of the matt,~rs set forth here,n, shall be grounds for termination of such fra"chi,'~ under and pu,'suant to terms of Section 5-2.05 hereof. provided h ,:=' ever, that the Council" in its discretion may extend the timp f~r ~:J d ' ,- 11e c?mmencel1\e~t an. complet,on of construction and installation for addi- ~Ional per' ods In the event ~he Grantee, acting in good faith, exper- Iences delays by reason of c'rcu~stances beyond his control. f. Location of Property of Grantees. (I) Any poles, wires, cable lines, conduits or other propert;~5 of the Grantee to b~ constructed or installed in streets, shall be so con- structed or .nstalled only at such locations and in sllch ,',.auner as shal~ be approved by the Pub! ic Works Director acting in the exercise of hIs reasonable discretion. (2) The Grantee shall not install or erect any facilities or,apparatus in or.on other public pro~er~y, plac:s or :ights of way, or within any , privately-owned area w,th,n the City which has not yet become a public street, but is designated or delineated as a proposed public street on any tentative subdivision map approved by the ,City, except those instal- led or ~rected upon public utility facilities now existing.., (3) In those areas and portion of the City where the transmission or'dis- tribution facilities of both the public utility providing telephone service and those of the utility providing electric service are under- ground or hereafter may be placed underground, thEm'the Grantee shall I ikewise construct, operate and maintain a11 of its transmission and distribution facilities underground. For the;purposes of thissubsec. tion, "Underground" shall include a 'partial underground system, e:g. streaml ining, Amplifiers in Grantee's transmission and distribution lines may be in appropriate housings upon the surface of the ground. For all new residential structures hereinafter erected, the developer of a subdivision or housing development will perform all trenching and backfilling necessary for the provision of cable television service, including furnishing of any imported backfill material requ i red and will furnish and install for the Grantee any necessary distribution conduit and substructures including pedestals required in accordance with the plans and specifications provided. The franchised cable television company shall provide plans and specifications to the devel- oper and shall inspect the faci I ities requi'red hereunder, and certify to the City prior to final approval of the subdivision or development that the facil ities required herein are properly in~talled. The City shall have the right to review and require its approval of the maps and specifications provided by the franchised cable television company. (4) The cost of that portion of an extension to a subdivision or develop- ment from the franchised cable television company's existing facilities in excess of 200 feet outside the boundaries of the subdivision .or development shall be born by the developer. g. Removal and Abandonment of Property of Grantee. 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 Ordinance, or the franchise has been terminated, cancelled or has expire~ the Grantee shall promptly, upon being given thirty (30) days' notice, remove from the streets or public places ~I I such property and paTes of such system other than any which the Public \-Iorks Director may permit to be aDandoned in place. In the event of such removal) the Grantee shall promptly restore the street or other area f,rom '-Jhich such property has been removed to a condition satisfactory to the Public \-Iorks Director. , (I) 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 Public \-larks Director may extend such time not to exceed an additional thirty (30) ,days. (2) Any property of the Grantee to be abandoned in place shall be abandoned in such manner as the Pub1 ic ~/orks Di rector shal I prescribe. Upon pe r- manent abandonment of the property of the Grantee in place, the property sha!Tbecome that of the City, and the Grantee shall subm it to the Pubt ic Works Director an instrument in writing, to be approved by the Ci ty Attorney, transferring to the City the ownership of such property. -. --~~---_.-_.-..._--- ORDINANCE NO. 189 CS ( I ( .. " . PAGE FIVE h. Changes Requlred.by P~bllc Improvements, .The Grantee shall, at its expens~. protect. support. temporarily d'sconnect, relocate In the same street or other I' ',- I f h . ' PU), I" P ace, or remove rom t e street or other pub) IC place any propenv f tr G t . .' ) ... 0 \~ r ()n ee when required by the Publ 'c Works Dlreckor by reason of traffic condition' . b)' . ' .S, pu IC safety, street v~catlon, freeway and street construction, chclnge of e5tab~~5hment of grade, installation of se\,'Jcrs, drains, \.--Jat~r pipes, pO~'ler lines sign]1 lirl'H' a (! . .... . _....., n, ~racks or any other type of 5trl!~tures or improvements by public arjencies; provided, however, that the Grantee shull In aJ 1 such ca:::.es htlvC the privi !e.::Jr>< :oInd \". s-II.it::.-f _ _~ r.. . ,.'.' .. l_..J ~ ~ to the cbl igations to abd!HJon any prop(':(ty cd the Grantee in place: i:!':.~ pr,:,'./idcc! in Section 5-2.02 hereof, i. Failure to Perform Street Work, Upon failure of the Grantee tu (>\(.i0encc, pursue, or complete any work required by la..", or' by the provis ions of this Ou!in2i1ce or by its franchise to be done in any street or other public place, within tho time prescribed, and to the satisfaction of the Public Works Director the Public \Jorks , , Director may, at his option, cause such work to be done and the Grantee shall pay to the City the cost thereof in the itemized amounts reported by the Public Works Direc- tor to the Grantee within thirty (30) days after receipt of such itemized'report. j. Faithful Performance Bond. (!) The Grantee shall, concurrently with the fll ing of and acceptance of award of any franchise granted under this Ordinance file with the City Clerk.and at all times thereafter maintain 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 ap- proved by the City Attorney, in the amount of Five Thousand Dollars ($5,000.00) renewable annually, and conditioned upon the faithful per- formance of Grantee, and upon the further condition that in the event Grantee shall fall to comply with anyone or more of the provisions of this Ordinance, or of any franchise Issued to the Grantee hereunder," there sha 11 be recoverable jointly 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. indemni- fication, or cost of removal or abandonment 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 ful I amount of the .bond; said condition to be a continuing obligation for the duration of such franchise and any renewal thereof and thereafter until the Grantee has Ii qu i da ted a II of its obi igations with the City that may have arisen from the acceptance of said franchise or renewal by the Grantee or from its exercise of any privilege therein granted. The bond sha II provide that thirty (30) days I prior written notice of I'ntention not to renew, cancellation, or mat~rial change, be given to the City, (2) Neither the provisions of this section, nor any bond accepted by the City pursuant hereto, nor any damages recovered by the City thereunder. shall be construed to excuse faithful performance by the Grantee or I imi t the liability of the Grantee under any franchise issued hereunder or for damages, either to the full amount of the bond or otherwise. k. Indemnification of the City (I) The Grantee shall, at all times during the existence of any franchise issued hereunder, maintain in fu 11 force and effect, furnish to the City, and file with the Counci 1 of the Ci ty of Arroyo Grande at Grantee's cost and expense, a general comprehensive Ilabll i ty insurance pol icy, in protection of the City of Arroyo Grande, its officers, boards, commission agents anri employees, In a company approved by the City Administrative Officer and in a form satisfactory to the City At- torney, protecting the Ci ty and a,l 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 li?- . bi I i ty llmi ts as provlde'd In a blanket bond in the amount of One /1,II,on Dollars ($1,000,000.00) to cover personal injuries or death or property damage. (2) The policies m~ntioned In the foregoing paragraph shall name the City of Arroyo Grand~, its officers, boa rds, commissions, agents iJnd em- ployees, a5 additional insured and shall contain u provision that 0 written notice of allY canccJ1ation or reduc t ion in coverage of sai(f po 1 j cy sha 11 be delivered to the City thirty (30) days in advance of the effective dJtc thereof; if such insurance Is provided in either case by a pol icy "Ihieh also eovcrsGrantee or any other entity or per- _n_ _ _~ __ ___ - ,-, . -t? ;0-"'" VnV'I'''''I1~L.. I1V. IV;} \,.,:) I ~ "J , . ( C PAG"E '51;; '" son than those above named, then such policy shall contain the t d ' I. b. I . d s an ard cross- 'a I ,ty en orsement.' (3) No franchise griJnted Urtder this ordinance <hall ')~ ~f'cect'lve I ' . ... L";'\,;,..I~ uneSSai"d untl I each of the foregoing policies of insurance as required In this section hiJve been del ivered to the City. i. Inspection of Property iJnd Records. . ___~__ I (I) At i1l1 "eiJsonabl" times, the (,'c:ntee shall permit any duly ~uthorized represen:ative of the City to examine all property of the'l.:;onteG, to- gether wIth any appurtenant property of the Grantee situat.ec \deh.,,' or without the City, and to c;<.a,1!inl3 and tran.scribe any and all rni:).~ 8;)d other records k8pt or maintained by the Grantee or under" it.; c,ontrcl which deal with the operations, affairs, transactions or property of the Grantee with respect to its franchise. If any such maps or re- cords are not kept in the City, or upon reasonable request made avail-' able in the City, and if the Council shall determine that'anexamina- ' tion thereof is necessary or appropriate, then all travel and mainten- ance expense necessarily incurred in making such examination shall be paid by the Grantee. (2) The Grantee shall prepare and furnish to the Public Works Director and ,_ the Finance Officer at the times and in the fo,rm prescribed by either of,said officers, such reports with respect to its operations, affairs, transactions or property, as may be reasonably necessary or appropri- ate to the performance of any of the r'ights, functions or duties of the City or any of its officers in connection ~lith the franchise. (3) Tne Grantee shall at all times make and keep 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. m. Operational Standards. The CATV system shall be installed and maintained in accordance with the highest'and best accepted standards of the industry to the effect that subscribers shalt receive the highest possible service. In determining the satis- factory extent of such standards the following among others shall be considered. (I) The system be installed using all band equipment capable of passing the entire VHF and FM spectrum, and that it have the further capability of converting UHF for ,distribution to subscribers on the VHF band. (2) The system, as installed, be capable of passing standard color TV sig- nals without the introduction of material degradation on color fidelity and Intelligence. (3) The system and all equipment be designed and rated for 24-hour per day continuous operation. (4) The system provides a nominal signal level of 1000 microvolts and 0 decibels at the input of each TV receiver. (5) The system signal-to-nolse ratio is not less than 40 decibels. (6) The hum modulation of the picture signal is less than 5%. (7) The system use components having AVSWR of 1.4 or less. n. 11iscellaneous Provisions. (I) When not otherwise prescribed her~in. al I ,matters herein required to be filed "lith the City shall be filed "lith the City Clerk. . (2) The Grante~ sh~11 pay to the Cit~ a sum of m?ne~ sufficle?t to. reimburse it for all publication expenses Incurred by It In connect,on "11th the granting of a franchise pursu~nt to the provisions of this Ord~nance, Such payment shall be made ~Jithin thirty (0) days after the CIty f~r- nishes,the Grantee with a written statement of such expenses by delIvery of same to the Finance Officer. (3) The Grantee shall ,"aintain an office ,;ithin :he Ci~y limits or at a location which subscribers may call without Incurr'ng added message or toll charges so that CATV maintenance service shall be available to sub- scribers. -_._---_._--_._.~-- -' ....-.;,~.I."f1'...L. I:lV. IU::1 t,..:> I ( PAGE SEVEN' . . ( (4) To resolve complaints regarding the quality of service a subscr'b.. sh~11 be entit~ed to file a written complaint with th; City Cle:k~r W;'tten comp~a'~t procedures shall be filed by the Grantee with the [It: Clerk wlth'n sixty_. (60) di'lYs from the date of passage of this Ord,na?ce: Each subscriber shi'lll be notified at the time of initial subscr'Ptl~n to the basic cable television service of the procedure. for reportl"g and rcsolving compli'lints. (5) No person, fir"m or c01-poration In the existing service 3re2 of the Grantee shaJI be a~bitrariJy refused service, provided, hO'I'.':'~'/er) that the Grantee shaJ J not be required to provide service '0 any 50b-' scriber who does not pay the "ppl icable connection fee Or no,'thly serv! ce .cha r9'" (6) \~henever CATII cables are instal led adjacent to publ ic or parochial schools, Basic Cable Television S8rvice will be made available with- out a monthly charge to such schools, providing that the installation cost may be recovered by the Grantee from the schoo Us) being served. (?) Grantee shall extend cable television service to any residence located within the franchised service area at the standard installation and recurring service rate if: -~.. (a) The resident requests the service extension; and (b) The service connections to the res i dence wou I d requ i re no more than a standard 150' aeria I drop cable. rjD) Grantee. sha 11 extend cable television service to any Isolated residence requiring more than a standard 150' aerial drop line at a premium im- stallation rate if such service has been requested by the resident. The premium installation rate charged shall be the actual cost for tfu.e installation less the cost of installing a subscriber by means of a standard 150' aeri al drop line. Grantee may require advance payment for such installation. (9) Grantee shall, within sixty (60) days from the date of request for ser- vice to any isolated residence, submit to resident making such request an estimated cost and time of insta 11at ion. Grantee shall not be re- quired to commence installation to isolated residence until resident requesting installation shall agree in writing to pay actual cost of installation less the cost of installing a standard 150' aerial drop line. . (10) Grantee shall extend cable television services to any existing isolated group of residences within the designated service area at the standard rate if the existing group of residences or development to be served has a density of at least 60 residences per strand mile of cable, in- cluding interconnecting trunkline necessary to serve said res i dences. (I J) If the development or group of residences to beserv~d has a density of less than 60 residences per strand mile, including interconnect i ng trunkl ine, then a premium installation rate may be charged by Grantee. The premium installation rate shall be the actual cost over and above the average historical cost per residenct;' within the franchised area_ ( 12) Any development or group of residences not meeting any or all of th~ requirements in (7) thru (II) may be served at Grantee's discreti",,,. Section 5-2.04. limitations of Franchise. a. Non-Exclusive Franchise. Any franchise granted under this Ordinance shall be non-exclusive. I b. privi lege or Exempt iOI1. No privi lege or exemption shal1 be granted or con- ferred by any franchise granted under this Ordinance except those specifically prescribed herein. c. Use of Public Property. Any privilege claimed under any such franchise by the Grantee in any street or otl",r pub! ic property shall be subordinate to any prior lawful occupancy of the street' or other pub! ic property. d. Franchise Shall No! B...: Transferred. Any such franchise shall be a p r i v i lege to be held in personal trust b'( the 0 rig i na t Gr<'lntee. I t cannot in any event be sold. ~.-._--------,-.- -------. . .~. " , " "< \"~'" " ,,'- \ ;:;-;::;;.!;;;.~:~.\,-. vn..... ...."....... ..... ~ I V;) \,o."t I ~ '. '< ;"~'" . ( CPAGE 'ElGHl'" "" transferred, leased, assigned or disposed of in whole or in t 'th' . I I . par , e I er G'{ forced 0r In~o untary sa e, or by vol~ntary sale, merger, consolidation or otherwise without t"e prior consent of the Councl I cxpressed by resolution and "h- 1 .' ~ . , _. . - - , ... er'l on y un'=.ler 5iJch coni!- toons as [I,,,y therein be prescr,bed. A"y such transfer or ass' t h )' "" I b ' . '. . . I gnmen S a I b2 made on y y an ,nstrument 'n wr'llng, a duly executed copy of whO h h"ll b f' . ff' f h C. k.'.. , IC S a e ,led In the o Ice 0 t e Ity Cler \'IILh,n thIrty (jO) daY'e, after "ny Suc' t f . T . . ~ . ,) rans er or a35.1 gnmpnt . he saId consent of the Counc, I may not be arbitraril'y refu"cct. -, .ct d " -, . - . - _ - ~ ..... r ov Ie, Ic'weve r t 'i-'~ proposedas'5Igne.,emust showfinanciiJl r"c")nsi;,;litYd'~~:n".'t t ..\ ,"" .. '., ~,-,., . ,.~.,'..,=- agre(= o CO'flr' 'i I.,ltth all pr~vlslon'.5 of this Ord~n()nce; and proJidL"),fur-C;-!(:r, thvt r.(J such COIL~f::nt ~>:)all b~' 1(','_ qUI red for a transfer 'n trust, OIongage 0" ol~e" hvp~tL,(>("~. ., On . h 1 . .... 1...... ~I__,,\. as d ~.J.O ~~ t;; secure an Indebtedness. e. T!me of Franchi $~ M~5t b.e Fui f:.~~i.. Tij;!(': ~,haj I be of the essencc-:: of dO)' such franchise granted hereunuer. rhe Gra~t~e .hall not be r~J ieved of his ob!iaation to comply promptly with any of the provisions or this Ordinance or by any failure ~f "he City to enforce prompt compliance. . f.. Transfer of Power by City. Any right or power in, or duty., impressed 'upon, any officer, employee, department, or board of the City shall be subject to transfer by the City to any other officer, employee, department, or board of the City. g. No Claim Against City for Loss. The Grantee shall have no recourse whatso- ever against the City for any loss, cost, expense, or damage arising out of any provi~ sian or requirement of the Ordinance or of any franchise issued hereunder or because of its enforcement. ' h. Grantee Subject to All City Laws. The Grantee shall be subject to all re- quirements of City Ordinances, rules, regulations, and specifications heretofore or hereafter enacted or established. i. Obi igation of Franchi se. Any such franchise granted shaJ 1 not reI ieve 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. Franchise Granted in Lieu of Other licenses. Any franchise granted hereunder shall be in I ieu of any and all other rights, privi leges, powers, immunities. and authori ties ovmed, possesse'd, cant ro 1,1 ed, or exerci sable by Grantee, or any successor to any inferest of Grantee, of or pertai.ning to the construction, operation or mainten- ance 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, immunitie" 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 b~ 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. Section 5-2.05. Appl ication, Acceptance and Renewal. Application for a franchise hereunder shall be in writing, shall be accompanied by a non-refundable filing fee of One Hundred Dollars ($100.00), shall be filed with the City Clerk, and shall contain the following information: a. Name and Address: 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 appl icant is a corporal ion, the appl ication sha! I also state the names and addres- ses of its directors, mai" offices. and major stockholders and associates, and the names and addccsses of parent and subsidiary companies. b. Descciption of System, A statement and description of the CATV system pro- posed to be constructed, instal led, maint~ined or "perated by the app~ican~; the p~o- posed location of such systcm and its var'o~s components; the manner In whlch.appll- cant proposes to construct, install, maintain ~nd operate thc same; ~n~"pactlcu1arly, the extent and manner in \'/hich exist ing or future poles or other facll, t ,es of other pub1ic utilitics .';11 be used for such system, C, Public Streets Where System Wi I I Dc Constructed. A descciption, in detail. of the publ ic streets, public places and proposed public strect. within which a~pli- cant propnses or seeks atJthority to corlstruct, in~t~ll or n~rntain any CATV equipment or faci 1 ities; a detai led dcscription of the equipment or faci I ities proposed to be constructed, instaJ led or flL;Jintdined therein; and th!:: proposed specific location th~reof. d. Description of Service Ar-ea. f~ map specifically showing 8f\d dc1ineatin9 ~he proposed service area or areas within which ~ppJicant proposes to provide CATV services and for which a franchise is requested, .- f ~ I ,~ ...:..... "',- "-' . -J ~~ ( C. PAGE NINE -~ .. . . e. Rate Schedule. A statement or schedu1e in a form approved by the City Ad- mon,strator of proposed rates and charges to subscribers, f. Statements of A?reements and. Un:1erstandings. /\ statement setting forth a11 agrc:ments and understandings, I,'lhether wr1tten, oral or ir1p!i~d) existing bet\>Jee:r: the appl Ica"t and any person, firm or corporation with respect to the propos~d franchi.e or t~e pr-op?sed CATV.operation. 1f u franchi~;e. is granted to a p~r5ofl, firin or corp- or?tlon posing a~ a fron~ of.as ttJC represcnt2tlvc of another per"SOrl, firm ~)r corpor- at~on, and such Informdf::on 15 nc)t di5~:loscd in the. original appiication, such fr.an-' chlse shall be deemed vOId and of no force ~i'~! ~ffect whatsoever.. g. Financial Statement. A fincJr.cial statement prepared by a certif;,_"J public accountan.t, or person other'.',ise ,satisf2ctc;"'l l:O the Council, showing ap;:::i : C.;Vlt IS financial status and his financial abil fty to complete the construction a0d ,nstalla- tion of the proposed CATV system. . h. Add i ti ol"la I ?ata as May be Requ i red by. the Counc i I. The Counc i 1 may at any tIme demand, and applicant shall provide, such supplementary, additional'or other in- formation as the Council may deem reasonably necessary to determine whethe~ the re- quested franchise should be granted. , Upon consideration of any such application, the Council may refuse to grant the requested franchise or the Council may be ordinance grant a franchise for a CATV sys- tem to any such appl icant as may appear from said appl kat Ion to be in its opinion best qualified to render proper efficient CATV service to television viewers and sub- scribers in the City. The Council's deci$lon in the matter shall be final. If favor- ably considered, the application submitted shall constitute and form part of the fran- chise granted. i. Conditions to Grantee. Any franchise granted pursuant to this Ordinance sha11 include the following condition: "The CATV system herein franchised shall be used and operated solely and exclusively for the purpose expressly authorized by Ordinance of the City of Arroyo Grande 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 connection with such franchise pursuant to the authority conferred by this Ordinance. j. Renewal. Any franchise granted under this Ordinance is renewable at the 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, provided, however, that the Council may at its option waive compliance with any or all of the requirements of Section 5-2.05 hereof. k. Acceptance and Effective Date of Franchise. (1) 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 Section 5-2.03 j, k(a) and k(b) hereof are done and completed, all of such things being hereby declared to be conditions precedent to the effectiveness of any such franchise granted hereunder. In the event any of such things are not done 'and completed in the time and manner required the Council may declare the franchise nu11 and void. (2) Wi thin thi rty (30) days after the effective date of the ordinance awarding a franchise, or within such extended period of time as the Counci I in its discretion may authorize, the Grantee shall file with the City Clerk his written acceptance. in form satisfactory tQ the City Atto~neY, of the franchise, together with the bond and insurance policies required by Sections 5-2.03 j, k(a) and k(b) hereof, respec- tively, and his agreement to be bound by and to comply with and to do all things required of him by the provisions of this Ordinance and the franchise, Such acceptance and agreement shall be acknowledged by the Grantee before a notary public, and shall in form and content be satisfactory to and approved by the City Attorney. Section 5-2.06. Riqhts Reserved to the City. a, A11 City Ordinances Apply to the Franchise. Ther~ is hereby reserv~~ to the City every right and pO\<ler "hich is require~ to be hereon reserved or p~ovlded by any ordin~nce of the City, and the Grantee, by Its acceptance of any franchIse. agrees ,C"_:'~<""-,~~".-~-. "".". I . ..<to. '" ,~,>:: . .; . , ( ( ORDINANCE NO. 189 CS "- PAGE T"N to be bound thereby and to comply vlith an,/ acti"" or rcc,ui-c'''ent- of th' C" . , exercise of such ri ghts 01' pOlver, .. ':' "",.-' e; \.'1 111 ". herotofll"~ or he:-e~fter enacted or established. b. Granting Additional Franchis!..'s. r4eiUll:r n~~:-:.' 9l"c.;nting "Jr "ny fran";-;'.e h _ under nor any of _____..____.___ '. ... I c.; .....1.;:0, ere the. provi'-,ions cf)ntc::'.8d hi.'~.ein $~lal i b~ constl'~~J tC) ~rev8nt the City from granting any identical. or siii'i; ..- fr;Y~'_'-i .- .. ru '~);I:' c,--~\::r pe!"';.-'n. f i ; q\ or corporation, within all or ai',y p'.):.t i (J', :',f l he, C ~ t~, . c. Fr~nchise' Does Nut Waiv2 Cit ;':','y.,'(~ r. N~~i~~e~ the grant;ng Jf ,)~V frt1rt~ chi S8 nor any provi s ion he:'eofsh,,\T- . . , ::rL"'\ ! t "t(;. d "',: ," r 0;- ,:':~. to the e'(,~: c:se ,":',f any governmental right or pav/er of t- b.;, , ' Section 5-2.07. Pena!,ty and ViO_~_~l~.j_.~'.:~I":. a. Unlawful to Oper~te Without 8 Franchise. Fro'" and after the effect i ve date of this Ordinance, it sha J 1 be un I a>vru 1 fo,- any per~on , to establish, operate or to carryon the business of distributing to .any persons i~ this City any television sig- nals or radio signals by means or a C,~TV system unle'33 a franchise therefore has been obtained pursuant to the provisions of this Ordinance, and unless such franchise is in full force and effect. ..' .. b. Unlawful to Operate in Public Risnts-of-Wcy Without a Franchise. From and after the effective date of this Ordinance, it sha 11 be unlawful for any person to establish, operate or to carryon the business of distributing to any persons In this City any television signals or radio signals by means or a CATV system unless a fran- chise therefore has fi rs t been obtained pursuant to the provisions of this Ordinance, and unless such franchise is in full force and efrect. ---.-- c. Unauthorized Connections. It sha 11 be unlawful for any person, fi rm or , corporation to make any unauthorized connection, whether physically, electrically, acous t i Cirl I Y , inductively or otherwise, with any part of a franchise CATV system. , .Iithin this City for the purpose of toking or receiving television signals, radio sig- i nals, pi ctures, programs or sound, d. Payment by Subscriber to the Ovmer of the Franchise. It sholl be unlawful for any person, rirm or corporation to make Jny unauthorized connection, l'lhether physically, electrically, acoustically, inductive I.,! or otherwise, with any part of a franchised CATV system within this City for the purpose'of enabling himself or others to receive any television signal, radio signal, picture, program or sound, without pay-. ment to the owner of said system. I It sha 11 be unlawful for any person, without the consent of the owner, to wilfully tamper .Ii th, remove or injure any cables, wires or equipment used for distribution of television signals, radio signals, p i cture~; , programs or sound. SECTION 2: This Ordinance shal I be in full force and effect thirty Do) days after its passage, and vii thin fifteen ( IS) days .after its passage, it sha 11 bl' pub- lished once, together with the names of the Council Members voting thereon, in the Five Cities Times-Press Recorder. On the motion of Council Mern~er CQl J09~:8r. seconded by Council Member Smith and On the follo\.ing roll ca II vote, to ~'J; l : AYES: Counc i 1 Members Gallagher, de Leon, Pope, Smith and Mayor Millis. NOES: None. 'ABSENT: None. <he fom,o'o, 0'''000'' "0> '">',,' 00' Od"""~ '"', 'Jd;.>:;:;~ 7, MA\ OR -00l t - ~~\--' " ATTEST: .. ,~u^' " r '. ".\;""''''~_X:>- DEPUTY CITY CLERK~, . ------ .--- . t I ( .......... \ \ .,"., .~ NOTICE OF FRANCHISE WHEREAS, Chapter 2 of Title 5 of the Arroyo Grande Municipal Code provides for the granting of a friJnchise for Community Antenna Televisions Systems in the City of Arroyo Grande; anti; WHEREAS, on the 29th daf of December, 1978, Sonic Cable TV did apply for a franchise in accordance with the provisions of said Ordinance, conditioned upon the City of Arroyo Grande modifying said Ordinance in certain respects; and; WHEREAS, by Ordinance No. 189 C. S. said Municipal Code has been partially , amended as provided in said applications; and WHEREAS, on February 27, ,1979, the Arroyo Grande 'City Counci I, by motion, duly accepted said application; The said City of Arroyo Grande does hereby give notice to said Applicant, namely SONIC CABLE TV, that said application has been accepted and a franchise granted to said Applicant for the term of 15 years in accordance with the terms and provisions of said application of December 29, 1978, and said Ordinance No. 189 C.S. A copy of said Application and Ordinance 189 C.S. is attach~d hereto ~. "'- and made a part hereof. CITY OF ARROYO GRANDE, ::M'";OA~ .;i~ BY0.(j~,:. ~ ~^'.w.- DEP TY CITY CL -- The undersigned SONIC CABLE TV does hereby acknowledge receipt of the within Notice of Franchise this 12th day of APRIL , 1979, and does hereby agree to comply with the terms, covenants and conditions to be kept, paid and performed by the Grantee under the terms and provisions of said Appli- cation and Ordinance. SONIC CABLE TV BY ~ CL _.~-_..-