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ORDINANCE NO. ....ill.
AN ORDINANCE OF THE CITY 0:2 ARROYO GRA.'mE
PROVIDING FOR TIlE GAANTI~G OF FRANCHISES
FOR COMMUNITY ANTEi;r;.;t, ~'gL\I:V:'S10N SYSTEY.s
IN THE CITY OF ARROY' GI<~l\!)E; PROV:;:DING
TERMS A...'ID CONDITIONS I''OR THE. OPERATION,OF
SUCH COMMUNIT" ANTENc'IA TEl.Ev:tSION SYSTEMS
AND FEES THEREFOR.
BE IT ORDAINED by the Council of the City 0f Arroyo Grande as
follows:
SECTION 1. A nonexcl'.lsive fra"nchisc. to Cot1StI'UCt, operate and
maintain a community antenna television system i.n the City of Arroyo
Grande may be granted by the City Council to any person, firm or
corporation offering to furnish and provide such system under and pur-
suant to the terms and provisions of this Ordinance.
SECTION 2. DEFINITIONS: For th~ purpose of this Ordinance, the
following tenns, phrases, words and their derivations shall have the
meaning given herein: ,
(a) "CITY": The 'City above named, a municipal cOl'Poration of
the State of California, in its present incorporated fonn or in
any later recognized, consolidated, enlarged or reincorporated
fonn.
(b) "COUNCIL": The present governing body of the City or any
future board constituting the legislative body of the City.
(c) "GRANTEE": The persons or corporations to whom or which
a franchise under this Ordinance is granted by the City Council
and the lawful successor or assignee of said persons or corpor-
ations.
(d) "STREET": The surface of, and the space above and below,
any public street, road, highway, freeway, lane, alley, court,
sidewalk, parkway, or drive, now or hereafter existing as such
within the City.
(e) "COMMUNITY ANTENNA TELEVISION SYSTEM": hereinafter re-
ferred to as "CATV", Coaxial cables, wave guides, or other con-
ductors and equipment for providing television service by cable
or through its facilitieB as herein contemplated. CATV shall 'not
mean or include the transmission of any special program or event
in the manner commonly known and referred to as ''Pay television"
transmission.
(f) "SUBSCRIBERS": Any person or entity receiving for any
purpose the CATV service of the Grantee herein.
(g) "GROSS ANNUAL RECEIPTS": Any and all compensation and
other consideration in any form pAid by the subscriber or sponsor
to the Grantee arising from the sale of said CATV service to
customers within the corporate limits of the City.
Gross Annual Receipts shall not include any taxes on the
services furnished by the Grantee imposed directly on any user
or subscriber by any City, State or other government unit and
collected by the Grantee for such governmental unit.
(h) "LOCAL STATION": A television or PM broadcasting station
whose primary service area includes any part of the City of Arroyo
Grande. Channel 3, Santa Barbara, shall be considered as a "local
station".
SECTION 3. USES PERMITTED BY CRANTEE: Any nonexclusive franchise
granted pursuant to the prov~sions ot" this Ordinance shall authorize
and pemit the Grantee to engage in the business of operating and pro-
viding a CATV system in the City of Arroyo Grarode and for that purpose
to erect! install, construct, repair, replace, reconstruct, maintain
and reta n in, on, over, under, upon, across and along any public
street or highway, such poles, wires, cable, conductors, ducts,
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conduit, vaults, manholes, arnplific'r, api'liances, I1t'~:~c1:1!lI~nts, and
other property as may be necesGl1ry "",(1 "'ppurtemmt to ~,he CATV system;
and in addition, so t() \,<136, 0r~::a~,. ,-,'..) pr.)VidE\ sinala;' r1;icilities or
properties rented or lCc'H.ed fr'("i\ ,~ ?eYue utility f:r. c:nchised or per-
mitted to do business :fr. !:i.,,~ Oit, c.' ;.:0"-"'0 8.-'-,'(1::1",
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It is hereby dec!.ar,!c; ';;:i!?~ ~.~;,.c !:".::..-jJca€o .1nn .\."t<~rlt of this
Ordinance is to prohi1:-~J jr, ~n!' fOil!: '''he.'': i::: '.C'UJIDC1'LY kno~m as ''Pay
TV" and to prohibit an~' G:e-'\1,<:ee of any CATV ~YAtem, under penalty of
revocation of franchise, or sny other person, company, corporation or
association, from directly or :i.ndirc<.:tly instal1.ing, r,:aint,:lining or
operating on any television set a coin box or an? other device or
means for collection of money for ind5.vidual programs.
The Grantee may :nake a chaI'ge :-0 subscriho?t,s :Cor con"ection to
its CATV system and Ii fixed monthly r;h.:;.rge as :'ile", and, app"oved as
herein provided, for transmission "Leo them only .)f i:elevi.eich pre-grams
received free by the public generally and/or c10s~d circuit instl~ct-
ional and educational TV.
SECTION 4. D1.1RATION OF FRANCt:ISE, Ho frenchis'~, granted by tbe
City Council under this Ordinance, sMll be for a term longer than
fifteen (15) years following the date of acceptance of such franchise
by the Grantee or the renewal thereof, Any such f~~~chise mB7 b~
terminated prior to its date of eXj?irlltion by the City Council in the
event that said Council shall have found, after noti~e ~nc public
hearing, that (a) Grantee has failed to comply with any provision of
this Ordinance, or has, by act or omission, violated any term or
condition of any franchise or permit issued 'lnd~~ this Qrdinance; or
(b) any provision of this Ordinance has become ;,rlvalid or unenforce-
able, and the Council further finds that such provision constitutes
a consideration material to the g~ant of ~aid f~~nchiae: ~rovided,
however, that the Grantee shall be given at least thirty (30) ~~y&.'
notice of any proposed termination proceedings.
SECTION 5. FRANCHISE PAYMENT: Any Grantee granted a franchise
under this Ordinance shall pay to the City, during the life of such
franchise, and at the times hereinafter specified, a sum equal to a
percentage of the monthly total grcs13 receipts of the Grantee baaed
upon proposals to be received by the Council, and such payment by
the Grantee to the City shall be in lieu of any occupation tax, license
tax or similar levy, and shall be paid monthly within ten (10) days
after the end of each ffionth. If the monthly p&yment based on the
percentage of the monthly total gross receipts of the Grantee amounts
to less than $100.00 per month, then Grantee shall pay +;hc City the
minimum amount of $100.00 per m.onth.
The Grantee shall file with the City, within thirty (30) days
after the expiration of any calendar year during which such franchise
is in force, a financial statement prepared by a certified public ac-
countant showing in detail the total gross receipts, as defined herein,
of Grantee, its successors or assigns, during the preceding calender
year. It shall be the duty of Grantee to pay to the City, within
(15) days after the time for filing such statements, any unpaid
balance for the calendar year covered by such statements.
The City shall have the right of inspection of all of the
Grantee's records pertaining to Grantee's operations within the City
of Arroyo Grande.
SECTION 6. LIMIT~'nONS OF FRANCHIS~:
(a) Franchise granted under thia Ordinance shall be non-
exclusive.
(b) No privilege or exemption shall be granted or conferred
by any franchise granted under this Ordinance except those
'f' 11 " "h '
spec1 1ca y prescr~,le,... ,erel-n.
(c) Any privilege cle.imed >.mde'.:- "uch f,;'oochis€. by the Grantee
in any st~eet, or oU-.ar pubJ.i~ propi?1:"ty, f!,:\p.ll be subordinate to
any prior lawful o~cupancy o~ the streets, ur other public
property.
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(d) Any such fl'!'\!).chi~:c ,-",:1., ~r " privilege "::; ~ c ~ield iI.
personal trust by t~e. ()r~g! !.L. ""'~'3,:lt,,:e, 11: canTDt ,;:ro I!>:',y event be
sold 1-r~ll~ferl'ed 1 e~ sed ,~~i (j- "" 0" " ~pos,-,{i ,[ ;., wh'1le or
, ... 0.0;) 1 " c>. ~ c~... _..~~,..,.~. .. ..t.___" ......., , -~. .~I.i. "
in part, eitl':er by ';;or.~e(i ,';:' :',1'-' ~ ".,i'::I~.'Y 3e.10, :)~.. by 'voluntary
sale, merger, - . - " ", ' 't" t' t
conso ;,~_o,,"c~(',n ~'r ,,' ""C/,',. '. "~'" ';; ~ r.,'"U pr~or 'consen
of the Clty Council of the Cit) "x;'):"cese.d by r'0,solution, and then
only under such c04).u.iti0~Lf: Ed., Jri.:-":,' ;.~ th':-:1'e.__':1. ~re.st:;!'ibed. The said
consent of the City '!iV.Y,-,0-; be ",r'c:~c)"ai:-i~,y ::-(,fused; pruvided,
however, the proposecl u:o;,'i_gne:c mtlat show' f::'mmcial responsibility
and must agree to comply with 'ill r,rovi,3ior,8Jf this OI'dinanccq
and provided, further, that no such co;:.ser.t shelll be rc:quired for
a transfer in trust mortgage or ('ther hypoti:iecad.'Ju S8 [. whole,
to secure an indebtedness.
(e) Th;: Grantee shall have no rec.)'urs", whiJ:'tsoeve:. ilga.;:'ls'L thE:
City for any loss, cost, (',xpense, or daml'ge, dl'iw:.ng N',-:'; c,f any
provisions or requirements of this Ordinance or its <onf,;rcemcnt>
(f) The Grantee is subject ~o all requirements of the City
ordinances, rules, regulation", c'md specifications of the City here-
tofore or here" ":,,:,,,x' enacted 0;' ."','tabiishec:, including:, but n01
limited to, those concerning str~e~ work, street cxcaV&CiOnb, use,
removal and relocation of prope~ty within e. street. cl~d other
street work.
SECTION 7. RIGHTS RESERVED TO THE CITY: l'h.-,rc is t,e:r:e.i.J. reserved
to the City every right and power which is ~equired t~ be herein
reserved or provided by any ordinance of the City, ana ~he G~antee,
by its Acceptance of any franchise, agrees to b~, bound t:...e:c'~':;.. and
to comply with any action or requirements of the ~ity in itb exercise
of such right or power, heretofore or hercaZtcr e~acted or established.
However, every proposal shall include comple.:e CATV service. in the
entire area within the City limits.
SECTION 8. PERMITS AND AUTHORIZ.~TIONS: The Grantee shall proceed
within thirty (30) days with due diligence to ohtain all necessary
permits and authorizations which are requi:::ec!. in the condu.ct of its
business, including utility joint use att;achment agreements, and
microwave carrier licenses to be gr,1nted by dul~' constituted regul.a-
tory agencies having jurisdiction over the operation of ~~TV systems,
or their associated microwave transmission facilities. F~rther, the
Grantee shall commence the installation within nine.ty (90) days sub-
sequent to the. obtainitg of all the necessary permits and authoriz.-
ations, and shall proceed to render service to subscriber!> Idthi.!1
sixty (60) days following the cOIffi"e,:cement of installati.on of the
system. The completion of the installation shall be pursued with
reasonable diligence thereafter, so that service to all areas desig-
nated on the map accompanying the application for. franchise, 8S pro..
vided in Section 19 hereof, shall be provided within twelve (l.2)
months from the date that service was first rendered, provided that
the Council may, upon request vf the applicant, grant an extenGion of
time if the Council determines such request is justified. Failure to
do any of the foregoing shall be grounds for termination of fl'anchise.
SECTION 9. LOCATION OF GRANTEE'S PROPERTIES:
(a) Any poles, wires, cabl? lines, conduits or other proper-
ties of the Grantee to be con~tructed or installed in str~ets,
shall be so constr~cted or installed only at such locations and
in such manner as ~hall be approved by the Superintendent of
Street& of the Cit~' actin!!; in d.e 3xercise of his reasonable
discretion.
(b) The Grantee shall not install or erect any facilities or
apparatus on public property or rights-of-way within the City
(except those instE\!.leci Ot' e.rected upon public utility facilities
now existing), ;.'ithoo!,t ~lrhtEo~), ..pproval of the Superintendent of
StreetI' af 'the, Gity
(c) :[:~_ tnosC'. a:.ce;:u.; S'LLd ..:o-ct:i.,),i{, at t'he Git~/ \'lhere. either tl)e
transmissJ...\Y:J. t1T.\d .;.:L~';;rtbu'~iv'=1 f~:~1.1:;.::.i~3 of -:':he ~ublic u.tility
providing telephoro,!'> Rr~:rvic"', ..)'(' those. oj' the utility providing
electric service, are undergrotu1d or h~~eafter may be placed
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underground, then the Grant\?~ enD!.' likewise construct! operate
and maintain all of i,ts tra!> 'm:f,€' ,d.0:' ar',d distribution aci1ities
underground. Amplifiers 1.." ["rL"'1.c:,~e' s transmission and distribut-
ion lines may be on ::oncrete 1.Jc~,-,;, or vaults upon the surface. of
the. ground.
SECTION 10. REMOVAL OR AB.<\NDONl~}f] OF ~ERTY OF GRANTEE:
(a) In the event th&t the use of any part of the CATV system
is discontinued for any reason for a continuous period of three
S3) months, or in the event such system or property has been
1nsta11ed in any street or public place without complying with
the requirements of its franchise, or the franchise has been
termina~ed, ~ance11e~ or has expired, the Grantee shall promptly,
upon be1ng g1ven not1ce, remove from the streets or public places
all such property and poles of such system oth~r than any which
the Superintendent of Streets may permit to be abandoned in such
place. In the event of any 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 Superinten-
dent of Streets.
SECTION 11. CHANGE RE UIRED BY PUBLIC IMPROVEMENT: The Grantee
shal , at 1ts expense, protect, support, temporar1 y isconnect, re-
locate in the same street, alley or p~blic place, or remove from the
street, alley or public place, any property of the Grantee when re-
quired by the Superintendent of Streets by reason of traffic condit-
ions, public safety, street vacation, freeway and street construction,
change or establishment of street grade, installation of sewers,
drains, water pipes, power lines, signal lines, and tracks or any
other type of structures or improvements by governmental agencies
when acting in a governmental or proprietary capacity, or any other
structures or public improvements; provided, however, the Grantee
shall in all such cases have the privileges and be subject to the
obli~ations to abandon any property of the Grantee in place, as
prov1ded in Section 10 hereof.
SECTION 12. FAILURE TO PERFORM STREET WORK: Upon failure of the
Grantee to complete any work required oy law or by the provisions of
this Ordinance to be done in any street, within the time prescribed,
and to the satisfaction of the Superintendent of Streets, the Super-
intendent of Streets may cause such work to be done and the Grantee
shall pay to the City the cost thereof in the itemized amounts report-
ed by the Superintendent of Streets to the Grantee, within thirty
(30) days after receipt of such itemized report.
SECTION 13. FAITHFUL PERFORMANCE BOND:
(a) The Grantee shall, concurrently with the filing of and
acceptance of award of any franchise granted under this Ordinance,
file with the City Clerk, and yearly thereafter maintain in full
force and effect for the term of such franchise, at Grantee's
sole expense, a corporate surety bond in a company approved by,
and in a form to be approved by, the City Attorney, in the amount
of $25,000.00, renewable annually, and conditioned upon the faithM
ful performance of Grantee, and upon the further condition that
in the event Grantee shall fail to comply with anyone or more of
the provisions of this Ordinance, or of any franchise issued to
the Grantee hereunder! there shall be recoverable jointly and
severally from the pr1ncipal 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 abandonment of any property of the Grantee as prescribec
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
obligation for the duration of such franchise and thereafter until
the Grantee has liquidated all of its obligations with the City
that may have arisen from the acceptance of said franchise by
the Grantee or from its exercise of any privilege therein granted.
The bond shall provide that th5,r.ty (30) days prior written notice
of intention not to renew, cancellation, or material change, be
given to the City.
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(b) Neither the provis~.nps ":C .....,is section, any bond accepted
by the City pursu'lnt theret{:,: '~.c": ~.:"y iamagi?s rccov<"r.ed by the
City thereunder, snl'\ll be '':;'Jnst:".,;d. to excuse faithful performance
by the Grantee or limit the li8:'1~ty of the Grantee under any
franchise issued hereunder or fc:' daroages, either in the full
amount of the bond or otherwise.
SECTION 14; PENAL BOND:
(a) Grantee shall, concurrently with the filing of and accept-
ance of award of any franchise granted under this Ordinance, file
with the City Clerk, and yearly thereafter maintain in full force
and effect, until the Council determines that the Grantee has
provided service to all areas of the City of Arroyo Grande in
accordance with such franchise, a penal bond in the amount of
$5,000.00! in a company approved by, and in a form to be approved
by, the C~ty Attorney, payable to the City of Arroyo Grande if the
Council, after public hearing and thirty (30) days notice to the
Grantee of the Council's intention to hold such public hearing,
determines that the Grantee he,s failed in any material manner to
provide service to all areas of the City in accordance with said
franchise. At such time as the CATV System is installed, and the
first regular service is proviced to a subscriber, the penal bond
herein provided for shall be reduced to the sum of One Thousand
Dollars ($1,000.00).
(b) Upon such determination by the Council as set forth in
paragraph (a) above, the full amount of said bond shall be paid
to the City as a penal amount in addition to any damages recover-
able by the City.
SECTION 15. INDEMNIFICATION OF THE CITY:
(a) The Grantee shall, at all times during the existence of
any franchise issued hereunder, maintain in full force and effect,
furnish to the City, and file with the Council of the City of
Arroyo Grande at Grantee's cost and expense, a general comprehen-
sive liability insurance policy, in protection of the City of
Arroyo Grande, its officers, boards, commissions, agents and
employees, in a company approved by the City Council and in a
form satisfactory to the City Attorney, protecting the City and
all persons against liability for loss or damage for personal
injury, death, and property damaget occasioned by the operations
of Grantee under such franchise, w~th minimum liability limits
of $100,000.00 for personal injury or death of anyone person
and $300!000.00 for personal injury or death of two or more
persons ~n anyone occurrence, and $50,000.00 for damage to
property resulting from anyone occurrence.
(b) The policies mentioned in the foregoing paragraph shall
name the City of Arroyo Grande, its officers, boards, commissions,
agents and employees, as additional insured and shall contain a
provision that a written notice of any cancellation or reduction
in coverage of said policy shall be delivered to the City ten
(10) days in advance of the effective date thereof; if such
insurance is provid,ed in either case by a policy which also covers
Grantee or any other entity or person than those above named, then
such policy shall contain the standard cross-liability endorse-
ment.
(c) No franchise granted under this Ordinance shall be
effective unless and until each of the foregoing policies of
insurance as required in this section have been delivered to the
City.
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SECTION 16. INSPEC'1?ION OF PR::>pr::nr~ AND RECORDS: At all reason-
able t1.mes~'tJi:e Grantee. f'hf.lll pprmi;:"an~'(\""ly authorized represent-
ative of the City to eX'lmine a~ 1 pF,;,~rty of the Grantee, together
with any appurtenant property 01: tr,o; Gt'antee situated within or with-
out the City, and to examine and tr':,c8cribe any and all maps and other
records kept or maintained by the Grc\ntee or under its control which
deal with the operations, affairs, i:7.'llr.aactions or property of the
Grantee with respect thereof. 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, alleys and public places in the City. The Grantee shall
file with the Superintendent of Streets, on or before the last
day in March of each year, a current map or set of maps drawn to
scale to be designated by the Superintendent of Streets, showing all
CATV system equipment installed in streets, alleys and public places
of the City during the previous year.
SECTION 17. OPERA-TIOML STANDARDS: The CATV system shall be
installed and maintained in acc6rdar'~ with the highest and best
accepted standards of the industry to the effect that subscribers
shall receive the highest possible service. In determining the satis-
factory extent of such standards the following will apply:
(a) The system shall be installed using all-band equipment
capable of passing the entire VHF and PM spectrum, and it shall
have the further capability of converting UHF for distribution
to subscribers on the VHF band.
(b) The system, as installed, shall be capable of passing
standard color TV signals without the introduction of noticeable
effects on color fidelity and intelligence.
(c) The system and all equipment shall be designed and rated
for 24-hour-per-day continuous operation.
(d) The system signal-to-noise ratio shall be not less than
46 decibels.
(e) Hum modulation of picture signal shall be less than 5%.
(f) The system shall use components having VSWR of 1.4 or less.
(g) Each CATV subscriber shall receive a minimum signal
strength of One Thousand (1,000) microvolts as measured at the
antenna terminals of the television set. The pick-up signal
will be located at a point to insure maximum efficiency for pick-
ing up the television signals to be distributed. The picture
should be free of ghosting, multi-path and man-made interference.
Methods of measuring above standards, where necessary, will be
established by the City Council.
(h) In the event the Council determines that the quality of
service being rendered by the Grantee is not equal to comparable
systems delivering service in the State of California, the Grantee,
upon written notice from the Council, shall, with due diligence
do whatever is necessary to bring its service up to such standards.
SECTION lB. MISCELLANEOUS PROVISIONS:
(a) All matters herein provided to be filed with the City
shall be filed with the City Clerk.
(b) If grantee should fail to operate its system for a period
of two (2) years from the date such service begins, the subscrib-
ers who have paid installation charges shall be entitled to a
refund of the installation charges less 1/24th of each charge
for each month elapsing from the time service was first started
to that subscriber and during wnich time service was available
to him. Grantee shall maintain in a trust fund, subject to
approval of City, an amount sufficient to pay that portion of
the refund provided for in this Section.
(c) The rate schedule for any service egreement or increase
thereto to subscribers must hsve written ay~roval of the City
Council.
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(d) The Grantee shall PAY tC':'le City p, sum of mOl1ey sufficient
to reimbc.l"ne :i,t foY' (,)i:pense it'C,:UCTPo. 1''1 it it: publ; 2h,ing legal
notice and ordinances in cC'~mect: i 'JD. wJ.tn the g:canthlg of a fran-
chise pursuant to the provisior'" of this Ordinance; such payment
to be made within thirty (30) c.:c"'7S after the City shall furnish
such Grantee with a written stat~ment of such expense.
(e) The Grantee shall maintain sn office within the city
limits of the City of Arroyo Grande, or at such other location
as may be previously approved in writing by the City Council,
so that CATV maintenance service shall be promptly available to
subscribers upon telephone request between the hours of 9:00 A.M.
and 6:00 P.M. of each day that Grantee is transmitting signals
to subscribers.
(f) The Grantee shall not engage in the business of selling
television or other receivers which make use of signals trans-
mitted by its system, nor shall the Grantee engage in the repair
of such receivers or the sale of parts for the same.
(g) The said CATV system operated by the Grantee shall deliver
adequate television signals from at least six (6) television
stations in addition to local stations, Channel 6, Channel 3 and
any channel installed in the Arroyo Grande, San Luis Obispo or
Santa Maria area. The application shall set forth the television
stations to be delivered.
(1) When it occurs that there is simultaneous duplication
of the program being broadcast by a local station which is
duly licensed by the Federal CommunicatiJns Commission and
authorized to furnish free television service to the area
within the City limits of Arroyo Grande, and when such
programs being duplicated are identical as to time, color, and
program content, then for that period of time as such dupli-
cation exists, the signals of the outlying station shall not
be transmitted to subscribers of the CATV system and only
those signals broadcast by the local station shall be used
by the Grantee to provide service to its subscribers.
(h) If Grantee provides any PM stations or stereo background
music from outside the primary service area, then the Grantee
must also carry local FM stations.
(i) The Grantee shall cooperate with the Office of the San
Luis Obispo County Superintendent of Schools, and all School
Boards any portion of whose District lies within the franchise
area, in providing instructional and educational television
services when available to this area.
(j) The Grantee shall provide a "drop off" and monthly service
to each elementary and secondary school campus in the franchise
area without charge.
(k) There shall be no noticeable degradation of any picture
signal received by the CATV system.
SECTION 19. APPLICATION FOR FRANCHISE:
(a) Application for a franchise hereunder shall be filed with
the City Clerk in a form approved by the City and shall contain
the following information:
(i) The name and address of applicant.
(ii) A general description of applicant's proposed CATV
operation, including map of areas to be served.
( iii) A statc~ent or sc~edule in a form approved by the
City of proposed ~~tes and charges to subscribers for install-
ation and services, which Rhell not be increased for at least
five (5) years, and a co~y of pr.~posed service agreement
between the Grantee and its subscribers shall accompany the
application. For unusual circurJstances. such as underground
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cable required, or more thar. lSO feet of distance from cable
to conn"ction ef nervice tc "',~t>sc~"; hers, an ad''\::I.,J.0!l'l1 install-
ation charge over that Lorme' ~y charged for installation as
specified in the applicant'( )roposal may be charged, with
easements to be supplied by .,Jbscribers at no charge. For
remote, relatively inaccessiLce subscribers within the City,
service will be made available cn the basis of cost of
materials, labor, and easements if required. The applicant
shall set forth the standards for detenoining such remote areas.
(iv) A statement of the corporate organization of appli-
cant, including the names and addresses of its officers,
directors and associates, and also including the names of
sUbsidiary companies with a listing of other areas being
served by CATV or similar systems.
(v) A statement setting forth all agreements and under-
standings, whether written, oral or implied, existing between
the applicant and any person, firm, group or corporation with
respect to the franchise anc the proposed operations. If a
franchise is granted to a p~rson, firm, group or corporation
posing as a front or repres~ntative for another person, firm,
~roup or corporation, and such information is not disclosed
~n the original application, such franchise shall be revoked
automatically, and the Council shall consider awarding the
franchise to another qualified applicant.
(vi) Applicant shall also furnish a financial statement
prepared by a certified public accountant as to the company's
or corporation's financial ability to complete installation
and operation of the CATV system,
(vii) A statement of proposed percentage franchise payment
to the City referred to in Section 5 of this Ordinance.
(b) Upon consideration of any such application, the City
Council may grant a franchise for CATV to such applicant or
applicants, as may appear from said applications to be in its
opinion best qualified to render proper and efficient CATV
service to television viewers and subscribers in the City of
Arroyo Grande. The Council's decision in the selection will be
final.
(c) Any franchise issued pursuant to this Ordinance shall
include the following condition:
I~he CATV system herein franchised shall be used
and operated solely and exclusively for the pur-
pose expressly authorized by Ordinance of the City
of Arroyo Grande, and no other purpose whatsoever."
The inclusion of the foregoing statement in any such fran-
chise shall not be deemed to limit the authority of the City
Council to include any other reasonable condition, limitation
or restriction which it may deem necessary to impose in connect-
ion with such franchise pursuant to the authority conferred by
this Ordinance.
SECTION 20. This Ordinance shall take effect and be in full
force thirty days after its passage, and within fifteen days from its
passage shall be published once in the Herald-Recorder, a newspaper
printed and published in the City of Arroyo Grande, together with the
names of the Councilmen voting thereon.
-G-
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. ".~ .. -' ---.
,~
On motion of Councilman :J-~ .. , and
seconded by Councilman ....... t , and on the following
roll call vote, to-wit:
AYES: Ii -It .- ...... ..... ~-U. ..a. _ __ Jut
NOES: ...
ABSENT: ...
the foregoing Ordinance was adopted this u.a day of ~ ,
19 Q .
A-' ~ Pd
, ~?MAYOR
ATrF$T:~~'~/bA/
I, POLLY S. MILLER, City Clerk of the City of Arroyo Grande,
County of San Luis Obispo, State of California, do hereby certify
that the foregoing Ordinance No. 17_ is a true, full and correct
copy of said Ordinance passed and adopted by the City Council of the
City of Arroyo Grande at a regular meeting of said Council on the
l_tk day of ~ , 1963.
WITNESS my hand and the seal of the City of Arroyo Grande
affixed this 1_ day of - , 1963.
(seal) Ci~f~~1t~rrOYo Grande
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