HomeMy WebLinkAbout38.12 O.RDINANCE NO. 38.12
AN ORDINANCE OF THE CITY OF SARATOGA A~NDING
THE SARATOGA CITY CODE BY ADDING ARTICLE VI
TO CHAPTER 4 TKEPd~OF, PROVIDING FOR THE GP~NTING
OF FRANCHISES FOR COMMUNITY A.~TENNA TELEVISION
SYSTE.~S; PROVIDING TERMS AND CONDITIONS FOR THE
OPERATION OF SUCH CO~.,~u~]ITY AHTENNA T~LEVISION
SYSTE}IS AND FEES THEREFOR.
The City Council of the City of Saratoga does ordain as follows:
Section 1: There is hereby added to Chapter 4 of the Saratoga
'City Code the following Article VI, which article
together with all of the sections and subsections thereof, reads as follows:
ARTICLE VI - CATV FRANCIIISES
Sec. 4-200. DEFE]ITIONS, For the purposes of'lthis article, the
followin~ terms, phrases, words, abbreviations, and their derivations shall
have the meaning given heroin, I.~en 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) '~ity" shall mean the City of Saratoga, a municipal
corporation, and '~ouncil" shall mean the City Council of said City.
(b) "Franchise" shall 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 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 Article V of this Chapter.
(c) '~rantee" shall mean ~he person, firm or corporation
tO whom or to which a franchise, as berelnabove defined is ~ranted by.the
COuncil to construct, operate or maintain a CATV system as hereafter defin~d~
under this ordinance~ and the lax.~ful successor, transferee or assignee of
said person, firm or corporation.
(d) "Street~' shall mean the surface of and the sp~Ce above
andbelo~ any part of the entire width of right of way of a public Street,
road~ highway, freeway, lane, path, alley, court, sidewalk, parkway, or
dVi~e~ or of any d~accepted street offered for dedication to City ~hether or
not such enfire area is actually used or improved for street purposes, now
or hereafter existing as such within the City,
(e) "Property of grantee" shall mean all property o~ned,
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.
(f) '~ATV" or "CATV System" shall mean a community antenna
television system as heroinafter defined.
(g) "Courtunity Antenna Television System" (CATV) shall
mean any facility, including any system of gntenna, coaxial cables, wires,
wave guides, or other conductors, equipment or facilities which is designed,
constructed or used for the purpose of providin~ television or D4 radio
service and which, in whole or in part, receives directly or indirectly over
the air and ampiifies or othen~ise modifies the signals transmitting programs
broadcast by one or more television or ~! radio stations and distributes
such signals by wire or cable to subscribing members of the public who Day
for such service. CATV, for the purpose of this franchise ordinance or any
ordinance granting a franchise pursuant hereto, shall not include the delivery
or transmission of (a) any sDeciat program or event for which a separate and
distinct charge is made to the subscriber, commonIy knox.m as "pay television",
nor (b) any copyrighted program or event without the o~.~er of the facility
first complying with all laws relating thereto.
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(b) "Subscriber" shall mean any person or entity receiving
for any purpose the CATV service of a ,pranCes.
(t) "Gross Annual Receipts" shall mean any and all comnensa-
lion and other consideration in any form x?hatever and any contributing ~rant
or subsidy received directly or indirectly by a grantee from subscribers or
users iu payment for television or F~{ radio signals or service received with-
in the City, including all installation and line extension fees and cb~r~.es,
Gross Annual :~eceipts shall not include any 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 ~rantee
for such governmental unit.
Sac. 4-201. EXCLUSIVE USE OF TELEPHONE FACILITIES. ~.~en and
in the event that the .grantee of any franchise granted her,under constrncts,
operates and maintains a CATV system exclusively throu[h telephone cord. any
facilities constructeds 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 ~rantee make any use of t~e streets
independently of such telephone cam, any facilitieSe said ~.rantee shall be
required to comply with all of the provisions hereof as a "licenses" and in
such event whenever the term "grantee" is used her, in it shall be deemed to
mean and include "licenses".
Sac. 4-202. FRANCHISE TO OPERATE, A non-exclusive franchise to
construct, operate and maintain a CATV system within all or any portion of
the City may he granted by ordinance by the Council to any person, firm or
corporation, x~hether operatin5 under an existinK franchise or not, ~.~ho or
which offers to furnish and provide such system under and pursuant to the
terms and provisions of this Ordinance. All franchises for CATV systeDs
as her, in defined shall be subject to the provisions of this Article VI
exclusively, rather than to the general franchise regulations of Article IV
of this Chapter.
No provision of this ordinance may be deemed or construed as to
require the granting of a franchise when in the opinion of the Council it
is in the public interest to restrict the number of grantees to one or more.
Sac. 4-203. USES PER~IiTTED 5Y G~A.~FrEE. A franchise ~.ranted
pursuant to the provision.s of this Ordinance shall authorize and parr,it the
grantee to engaZe in the business ~f operatin~. and providin~ a CATV system
in the City, and for that ~urpose to erect, install, construct, repair,.
replace, reconstruct, maintain and retain ine on, over~ under, upon, across
and alon~ any public street such poles, xJires, cable, conductors, ductS,
conduits vaults, manholes, muplifiers, appliances, attachments, and other
property as may be necessary and appurtenant to the CATV system; and in
addition, so to uses operate, and provide similar facilities or probattles
rented or leased from other persons, firms or corporations, including but
not limited to any public utility or other ~rantee franchised or oarmilled
to do business in the City; subject, hox.~ever, to all of the other terms,
conditions, and provisions of this Ordinance and any additional conditions '~'
or provisions of any Ordinance which grants a franchise in accord herewith.
No franchise ~ranted hereunder shall be construed as either (a)
a franchise, permit or license to transmit any special program or event for
~hich a separate and distinct charge is made to the subscriber in the manner
commonly knox~n and referred to as "pay television", and no grantee shall
directly or indirectly install, maintain or operate on any television set any
coin box or other device or means for collectin.g of money for individual
programs, nor (b) as any franchise~ permit or license to transmit any copy-
righted program or event x~lthout compl.ving x.'ith alI la~s relating thereto.
The grantee may make a charge to subscribers for installation or
cohnection to its CATV system and a fixed monthly char.g, as filed and approved
as herein provided, No increase in the rates and char~es to subscribers,
as set forth in the schedule filed and approved x.xith grantee* s applicatiane
may be made without the prior approval of the Council expressed by resolution.
Sec. 4-204. GENERAL FRANCHISE PROVISIO~IS. Any franchise ~ranted
hereunder shall be subject to such reasonable conditions as may be imposed in
the grantin8 of the sane, and in addition shall be automatically subject to
the follex4ing conditions ~hich shall also be obliSatfons of the [rantee:
(a) The ~-rantee shall con~..ly ~,rith all encroachment permit,
zoning, bulldinZ, and other la~s and ordinances of the City, and the City
Code~ as presently existins or hereafter enacted or adopted, in the location,
constructions operation, maintenance and use of the C.~TV system or any part
thereof.
(b) The ,rantee shall obtain such llcenses. if any, as
required, and at all times durinE the term of any franchise keep such licenses
in full force and effect, from the Federal Conmunicatians Coum~ission, and
shall coh~,ly ~ith all present and future laws, regulations,' rules and orders
of the Federal Communications Commission, as presently existin~ or hereafter
enacted, proml~ated or adopted, and shall also comply with any and all
other la~,s, ~hether local, state or national, as presently existinS or as
hereafter enacted, regulatin.~ or governfeE any of the activities of the Krantee.
(c) No CATV transmission line shall be connected in an~
manner to any home ~ith an existinS TV antenna attached thereto~ or attached
to any out-building, tree, pole or ether structure servicin~ the subscriber's
home, unless at the time of connections and as part of the Eronteews instal-
lation service, such TV antenna is disconnected and physically removed
therefrom, unless the subscriber requests that such antenna remain,
(d) The [rantee shall at all times durfnE the term of any
franchise, at its own cost and expenses properly and in ~,ood, workmanlike
manner, install and maintain adequate shielding, filterin~. and ~roundin~
at affected installations within the CATV system to eliminate television
interference encountered from fundanentnl frequency overload by radio amateur
transmissions which are in compliance with Federal Communications Con~nission
regulations ·
(e) No ~rantee shall en~,a~e in the business of leasin~ or
selling television or other receivers which make use of signals transmitted
by the CATV system, nor shall any grantee offer or orevide any service of
television or radio maintenance, sale of ~arts, or repair, to subscribers,
Other than such initial or subsequen~ adjustsneat of equipment as may be
necessary by virture Of the CATV installation, and ~hich adjustment service
Shall be included in and not be in addition to the installation charge to
the subscriber.
(f) The ~rantee shall maintain an office within the city
limits.or at a location which subscribers may call with6ut {nCurring added
me,sara or tol1 char~es,. so that CATV maintenance service Shall be promptly
available to hll subscribers,
hruaacaSt int' iii :h °o :V;Uh leh; alter. = chan e. delet.
advertislaM c0mercials, if
such deletion is othervise permitted by law.
Sac. 4-205. DUBATION OF LICENSE, No franchise ~ranted under
this ordinance shell be for a term of leaSet than 20 years follovin~ the
date of acceptance of such franchise by the ~rantee or the renewal thereof.
Any such franchise granted hereunder shall automatically terminate without
notice or hearing. in the event that the ~rantee directly or indirectly
transmits or delivers any copyri~.hted program or event ~ithout com~tyin~'
with all la~s relatin~ thereto,
Any such franchise ~ranted hereunder may he terminated
by the Council prior to its date of ex~iration after a public hearing, in
the event that said Council shell have found after thirty (30) days notice
of any such proposed termination and hearing, that: (a) the ~rantee has
failed to comply ~0ith any condition, limitation, oblIF. ation, or provision of
this Ordinance, or has, by act or om~lssion, violated any terms condition,
or provision of any franchise, permit, or license issued herennder, or (b)
any provision of this ordinance has becon~ invalid or unanforceable and the
Council further finds that such provision constitutes a consideration material
to the ~rant of said franchise.
Sec. 4-206. F~NCHISE PAYMENTS. Any Rrantee granted a franchise
under this ordinance shall pay to the City, durin~ the life of such franchise,
a sum equal to three per cent (3%) of the gross annual receipts of the grantee.
Such payment shall be made by the grantee monthly, or as may otherwise be
provided in the grantee's franchise, and such paymen~ by the ~rantee to the
City shall be in lieu of any occupation tax, license tax, or similar levy.
The Grantee shall file ~ith the City, ~.Tithin 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 accountant
showing in datail the total gross receipts, as defined herein, of ~rantee,
its successors or assigns, during the precedin~ calendar year, It shall be
the duty of grantee to pay to the City, within fifteen (15) days after the
time for filing such statements, any unpaid balance for the calendar year
covered by such statements. 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 $100 per month grantee shall pay the City
as a minimum, an amount equal to $100 per month.
The City shall have the right to inspect the ~rantee's
records showing the gross receipts from which its franchise payments are
computed and the right of audit and recomputation of any an~ 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.
In the event of any holding over after expiration or o~her
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 per cent (100%) of its total gross profits during
said period.
Sec. 4-207. LDIIITATIONS OF FRANCHISE,
(a) Any franchise granted under this Ordinance shall be non-
exclusive.
(b) No privilege or exe~ption shall be granted or conferred by
anylfranchise granted under this Ordinance except those specif~cally pre-
Scribed herein.
(ci Any privilege claimed unde~ any such f~apcht~e by the~grantee
in any street or other public property shall be subordinate to any prior
la~.~ul occupancy of the streets or other public property, and subject to
removal and relocation as hereinafter set forth in this Article.
(d) Any such franchise shall be a privile~e 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 ~ale, or by voluntary sale, merger, consolidation
or otherwise, without the prior consent of the Council expressed by resolu-
tion~ and then only under such ::onditiens as may therein be arescribed. Any
such transfer or assignment shall be made only by an i~strument in ~.~iting,
a duly executed copy of which shall be filed in the office of the City Clerk
within thirty (30) days after any such transfer or assignment. The said
consent of the Council may not be arbitraril~ refused; provided, ho~.~ever,
the proposed assignee must show financial responsibility and must a~ree to
comply with all provisions of this Ordinance; and provided, further, that no
such consent shall be required for a transfer in trust, mortgage or other
hyp~t:hecation aS'a whole, to secure an indebtedness'.
(e) Time shall be of the essence of any such franchise ~ranted
hereunder. The grantee shall not be relieved of his obligation to comply
promptly ~ith any of the provisions 0f this Ordinance or by any failure of
the City to enforce prompt compliance.
(f) The ~rantee shall have no recourse whatsoever against the
City for any loss, cost, expense, or damage arising out of any provision or
requirement of this Ordinance, or of any franchise issued hereunder or because
of its enforcement.;
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(g) Any such franchise granted shall not relieve the grantee
6f any obligation involved in obtaining pole space from any utility company
or others maintaining poles in streets.
(h) Any franchise granted hereunder shall be in lleu of any and
~11 other rights, privileges, powers, immunities, and authorities o~med,
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, poT.mrs, 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 scid franchise~ and not under or
pursuant to any other right, privilege, power, immunity, or authority whatsoever.
Sac. 4-208. RIGHTS RESERVED TO ~IE CITY.
(a) ~!othing herein shall be deemed or construed to impair or
effect, in any way, to any extent, the right of the City to acquire the
property of the graptee, 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
to modify Or . right
of eminent domain.
(~) There is hereby reserved to the City every right and power
which is required to beherein ~eserved or~provided by any ordinance of the
City, and the grante~, by its acceptance of any fra~chise, 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 an~ franchise hereunder nor an~ of
the provisions contained herein shall be dOnstrued 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 ~o the Ci~y'~the power to amend any
section or part of t~is Ordinance so as t6 require addltianal Or greater
standards of construction, op~ration, maintenance or otherwise, on the part
~f t~e grantee.
(e) Neither the granting of any frandhise nor an~ provision
hereof shall constitute a waiver or bar to the exercise of any ~overnmental
right or ~ower of the City.
(f) The Council may do all things which are necessary and con-
venient in the exercise of its jurisdaction under this Ordinance and may
determine any question of fact which may arise during the existence of any
franchise granted hereunder. The City Manager is hereby authorized and
empo~Fered to adjust, settle. or compromise any controversy or charge arisinF
from the operations of any grantee uner this Ordinance, either on behalf of
the City, the grantee, or any subscriber, in the best interest of the public.
Sac. 4-209. PEPSiITS, INSTALLATION AND SERVICE.
(a) Within ~hirty (30) 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 lts business, includ-
ing, but not limited to, any utility Joint use attachment agroeT~nts, micro-
wave carrier licenses~ and any other permits, licenses and authorizations to
~e granted by duly constituted regularcry agencies having Jurisdiction over
the operation of CATV systems, or their associated microwave transmission
facilities.
(b) Within ninety (90) days after obtaining all necessary permits,
licenses and authorizations, grantee shall commence construction and installa-
tion of the CATV system.
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(c) Ufthin such number of days as se~ forth in the ordinance
granting the franchise after the commencement of construction and installa-
tion 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 franchise, as provided in SectiOn
4-218 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 foregoing 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 4-205 hereof; provided, however, that
the Council in its discretion may extend the time for the commencement and
completion of construction and installation for additional periods in the
event the grantee, acting in good faith, experiences delays by reason of
circumstances beyond his control.
Sec. 4-210. LCCATIO.~? 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 con-
structed or installed only at such locations and in such manner as shall be
approved by the Director of Public ~rl,:s actin~ in the exercise of his reason-
able 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 prtvately-o~ned areas within the.City which has not yet become a ~ublic
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 e~isting, without obtaining the
prior written approval of the Director of Public Works.
(c) In those areas and, poStions of the City where the transmission
or distribution facilities or service drops of either the public utility pro-
viding telephone service or of th~ utility providing electric service are
underground or hereafter may be placed unde~Frouhd, then the grantee shall
likewise construct, operate and maintain all of its transmission and dist~ibu-
tion facilities and service drops underground. For the purposes of this
subsection, "underground" shall include a partial underground system, e.go
streamlining. Amplifiers in grantee's transmission and distribution lines
may be in appropriate housings upon the surface of the ground as approved
by the Director of Public Works.
Sec. 4-211. REMOVAL AND ABANDO~IENT OF PROPERTY OF GKANTEE.
· (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 ~ith the requirements of grantee's franchise
or this Ordinance, or the franchise has been terminated, concelled 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 ~ich the Director of Public ?ofl~s may permit to be
abandoned in place. In the event of such removal, the ~rantee shall promptly
restore the street or other area from which such property has been removed
to a condition satisfactory to the Director of Public works.
(b) Any property of the grantee remaining in place thirty (30)
da~s after the termination of expiration of the franci~ise shall be considered
permanently abandoned. The DireCtor of Public Works may extend such time not
to exceed an additional thirty(30) days, Upon any such abandonment of the
property of the grantee in place~ such property shall be and become the
property of City.
Sec. 4-212. CItANGES REQUIRED BY PUELIC I~PROVE~IENTS. The
grantee shall, at its sole cost and 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 re-
quired by the Director of Public Works by reason of traffic conditions,
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public safety, street vacation, street or freeway constructions alteratio~,
change, or estahlistnent of street grades, alignment, or ~idth, installation
of se~ers, drains, water pipes, power l~nes, signal lines, o= t=ac~s o= any
other t~e of structure or improvement by' any public a~ency, or any private
person~ fire or corporation doing such ~.~otk ~ direction of a public agency,
If such removal or reloaation relates~ to any underground conduit or other
facility, the sam shall be subject to the requirennts of Secti~ 13-16
.tht0ugh Section 13-19 of this Code.. ~11 facilities of g~an'tee, whether
above gro~d or ~dergco~d, shall be;~considered encroachments within t~
te~s and ~aning of, ~d subject to the provisions of, Articles IV ~d V
of Chapter 13 of th~s Code. Anything ~o the c~ttaty hereinabove notwith-
standing, hoover, the gt~tee shal! in all cases ha~ the privilege of and
be subject to the obligati~s of aband~n~ any of such pt~erty in place,
as provided tn Section 4-211 hereof.
See. 4~213. FAIL~E TO PE~OR~[ S~EET WO~, Up~ any failure of the
grantee to co~,~nce, pursue, or collate any ~.~otk requited by la~t by the pro-
visits of this Article, by any 0f the provisions of the Saratoga City Code,
by its franchise, to be done in any street or other public place, ~ithtn
prescri~d, and to the satisfaction of the Director of ~blic Works, the C~ty, may,
at its option, cause such work to be d~e, and the ~rantee shall pay to the City
the cos~ thereof in the itemized amounts reported by t~ Director of ~blic Works
to the gt~tee within ten (10) days after receiVt of such itemized report, the
perforate b~d heteinafter set forth In section 4-214 (a) being specifically
applicable to t~se provisicns.
Sac. 4-214. FAI~F~ ~RFOR~C~ BO~.
(a) ~e grates shall, concurrently with the filing of and ac-
ceptance of award of any ft~chise granted under this Ordinance, file with
the City, and At all times thereafter maintain in full force and effect for
the tam of such franchise or any rene~.~al. ~hereof, at grantee's sole expense,
a corporate surety bond in a co~y ~d in a fo~ ~ptoved by the City
Atto~ey, tn thd ~ount of not less th~ $25,000.00, the exact amount
shall be set fotth in the or~inance granting franchise, renewable ~nualiy,
and conditt~ed up~ the faithful petromans of grantee, and upon the furthe~
condition that in the event grantee sh~ll fail to comply with any one or more
of the provtst~S of tMs Ordinance, ot ~ ~y franchise issued to the grantee
hereunder, there shall be recoverable jointly ~d severally from the principal
and surety of such bond ~y d~ages or loss suffered by the City as a result
thereof, ~ncluding the full ~o~t of any co~ensatt~, inde~ificati~,
cost of removal or abandonant of any property of the grantee as Drescrtbed
hereby which may be in default, plus a reasonable allowance for attoney's
fees and costs, up to the full ~unt of the bond; said ~ondttion to be a
continuing obligation for the dutatt~ of such franchise ~d ~y renewal
thereof and thereafter ~til the grantee has liquidated all of its obligations
with the City that may have arisen from the acceptance of said fr~chise
renewal by the grantee or from its exercise of ~y privilege therein grated.
The bond shall provide that thirty (30) dayse prior ~-~i~ten notice of inten-
tion not to renew, cancellatin, or material chugs, be given to the City.
(b) Neither the provisions of this section, nor any b~d accepted
by the City pursuant hereto, nor ~y d~ages recovered by the City thereunder,
shall be c~stured to excu~ faithful perfounts by the grantee ot limit the
liability of the grantee under any franchise issued hereunder or for dmages,
-e~ther to the full ~o~t of the b~d or othe~se.
Sac. 4-215. I~MIFICATIOM OF CI~.
(a) The grantee shall, concurrently w~th the filing of an
acceptance of a~,~ard of any franchise ~ranted un~er th~s Ordinance, fu~ish
to the City and file with t~ City Clerk, and at all times during t~ exist-
ence of ~y franchise grated hereunder, maintain ~n full force ~d effect,
at ~ts o~m cost and expense, a liability policy or certificate of insurance
tn the ~ount of not less than $1,000,000.00, tn a c~pany approved by, and
in a fom satisfactory to, the City Attorney, tnde~ifytng and sa~n~ har~
less the City, its officers ~d e~loyees from and against any and all claims,
dem~ds, actions, suits~ and proceedings by others, against all liability
others, including but not limited to'any liability for damgas by reason of
or arising out of ~y failure by the grantee to secure consents from the
o~ets, authorized distributors or licensees of pro~r~8 to be delivered by
~he gr~teees CATV system, and against any loss, cost, expense ~d d~ages
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resultfng therefrom, including reasonable attorneyss fees, arfsfn~ out of
the exercise or enJo.vment 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 Ordinance, furnish
to the City and file with the City Clerk, and at all times during the exist-
ence of any franchise granted hereunder~ maintain in full force and effect at
its own cost and expense, a general comprehensive publit liability policy or
certificate of insurance in protection of the City its officers, boards, commis-
sions~ agents and employees, in a company approved by, and 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 damage, occasioned by the opera-
tions of grantee under such franchise, with minimum liability limits of $250,000~00
for personal injury or death of any one person and $500,000.00 for personal injury
or death. of two cr ~Dre persons in any one occurrence and $50,000,00 for damage
to property resulting from any one occurrence.
(c) The policies mentioned in the foregoing paragraphs shall
name th~ City, its officers, boards, commissions agents and employees, as
additl6~al named tnsureds and shall contain a provision that a written notice
of cancellation or reduction in coverage of said policy shall be delivered
to the ~ity no less than tan (10) days in advance of the effective date there-
of: if such insurance is provided by a policy ~hich also covers' grantee or
any other entity or person other than those above named, then such policy
shall contain the standard cross-liability endorsement.
Sec. 4-216. INSPECTION OF PROPERTY ANDTEC[~ICAL RECORDS.
(a) At all reasonable times, the grantee shall permit any duly
authorized representative of the City to examine all property of the ~rantee,
together wi~h any appurtenant property of the ~rantee situated within or
without. the City, and to examine and transcribe any and all maps and other
technical records kept or maintained by the grantee or under its ~ontrol
which deal with the operations, affairs, ~ransactions or property =oilthe=
grantee with respect to its franchise. If any such maps or technical records
are no~ kept in the Oily, or upon reasonable request made available in the'
City,.a~d if the Council shall determine'that an examination thereof'is
necessary or appropriate, then all travel and maintenance expense necessarily
incurred iu making such examination shall be paid by the grantee.
(b) The grantee shall prepare and furnish to the City at the
times~ and in the form prescribed by the City Manager, sUgh. reports with
respect to its operations~ affiars~ transactions, and property as may be
reasonably necessary or appropriate to the performniece of ahy of the rights,
functi6ns or duties of the City or any of its officers in conhection With
the franchise, and in this regard shall submit to the City dopieS Of ell data
and information furnished to the Federal Communications Com-Aission under
Section 403 of the Couuunications Act, and regulations and orders pursuant
thereto, at such times as such information is submitted to the Federal
Communi;ations Comm+ssiou.
(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, on or before the last
day in March of each year, a current map or set of m~pes drown to scale, show-
ing all CATV syste~ equipment installed and in place in streets and other
public places of the ~ity.
(e) When any portion of the CATV system is to be installed on
public utility poles or facilities, certified copies of the agreements for
such use of poles and facilities shall be filed with the City Clerk.
Sec. 4-217. OPERATIONAL ST~qDARDS. 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 shall receive the
highest possible service. In determining the satisfactory extent of such
standards the following among others shall be considered minimums:
-8-
(a) That the system be installed using all band equipment capable
of passing the entire V}~ and ~f spectrum, and that it have the further capa-
bility of converting ~{F for distribution to subscribers on the ~tF band.
(b) That the system, as installed, be capable of ~assing standard
color TV signals without the introduction of material degradation of color
fidelity and intelligence.
(c) That the system and all equipment be designed and rated for
24-hour per day continuous operation.
(d) That the system provide a nominal signal level of 2000 micro-
volts at the input terminals of each TV receiver of each subscriber.
(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.
See. 4-218. APPLICATIOM FOR FR,~q~tISE. Application for a
franchise hereunder shall be in ~riting~ shall be filed with the City Clerk,
and shall contain the follo~,ing information:
(a) 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.
(b) A statement and description of the CATV system proposed to
b~ constructed, installed, m~intained or operated by the applicant; the pro-
posed. location of such system and its various components; the manner in which
.applicant 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.
(c)' A description, in detail, of the public streets, Dublit
places and proposed Dublit streets within which applicant proposes or seek~
a~thority to construct, instali br maintain any CATV equipment or facilities;
a detailed description of the equipment or facilities proposed to be con-
s~ructed, installed or maintained therein; and the proposed specific locat~an
thereof.
(d) A map specifically showing and delineating the prSposed
service area or areas ~thin which applicant proposes to provide CATV ~ervices
and for which a franchise is requested.
(e) A statement or schedule in a form approved by the City of
proposed rates and charges to subscribers for installation and services, and
a copy of proposed service agreement between the ~rantee and its subscribers
shall accompany the application. For unusual circumstances, such as under-
ground cable required, or more than 150 feet of distance from cable to con-
nection of service to subscribers, an additional installation charge over
for installation as specified in the applicant s proposal
that normally cl~arged '
may Be charged, ,rith easet~nts to be supplied by subscribers. For remote, relatively
inaccessible subscribers within the City, service may be made available on the basis
of cost of materials, labor, and easements if required by the grantee.
(f) A copy of any contract, if existing, between the applicant
and any public utility providing for the use of facilities of such public
utility, such as poles, lines, or conduits.
(g) A statement setting forth all agreements and understandings,
whether x.~ltten, 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 applica-
tion such franchise shall be deemed void and of no force and effect whatsoever.
".{~'
(h) A financial statement prepared by a certified public account-
= ~ut, or person otherwise satisfactory to the Council, showin~ applicant's.
financial status and his financial ability to complete the construction and
installation of the proposed CATV system.
(i) A certified copy of applicant's license from the Federal
~ommunications Con~nission authorizing the operation of a CATV system, or in
the alternative evidence satisfactory to the City Attorney that'no such license
is necessary for the operations contemplated by the applicant,
(j) The Council may at any time demands and applicant shall
provide, such supplementary, additional or other information as the Council
may' deem reasonably necessary to determine whether the requested franchise
should be granted.
Sac. 4-219. GP~I~TING OR DENIAL OF F~CHISE.
(a) Upon consideration of any such application, the Council
may refuse to grant the requested franchise or the Council may by ordinance
grant a franchise for a CATV system to any such applicant as may appear from
said application to be in its opinion best qualified to render proper and
efficient CATV service to ~elevision viewers and subscribers in the City.
The Council's decision in the matter shall be final. If favorably considered~
the application submitted shall constitute and form part of the franchise
as granted.
(b) Any franchise grated pursuant to this Ordinance shall
include the following condition:
"The CATV system heroin franchised shall be used and
operated solely and exclusively for the purposes expressly
authorized by Article VI, Chapter 4, of the Saratoga City
Code, and for 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 reason-
~51e condition, limitation, restriction or provision which;it may deem nec-
essary to impose in connection ~th: such franchise pursuant to the authority
conferred by this Ordinance~ In the event that any ordinance granting franchise
should fall to include the above-set forth statement, the same 8hall be deemed
to be included in any such franchise as if the same l~re more fully set forth
therein.
Sac. 4-220. FRANCHISE IIENEI~L. At the expiration of the term
of any franchise hereunder, the franchise holder, not being in default of
any of the terms of the franchise, shall have the first right of refusal. for
a renewal of such franchise on such terms and conditions as required by this
Article at that time, for the same service area covered by the expired franchise
or any part thereof.
Sac. 4-221. ACCEPTANCE A~.D EFFECTIVE DATE OF FRANC!{ISE.
(a) No franchise grFmted pursuant to the provisions of this
Ordinance shall become effective unless and until the ordinance granting
same has become effective and, in addition, unless and until all things
required in this Section and Sections 4-214 and 4-215 (a) and 4-215 (b)
hereof are done and completed, all of such thinFs betnR 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 requireds this franchise shall automatically be null and
void.
(b) Uithtn one (1) day after the effective date of the ordinance
awarding a franchise, or ~ithln such extended period of time as the Council
in its discretio~ may authorize, the Rrantee shall file ~ith the City Clerk
his I.~ttten acceptance, in form satisfactory to the City Attorney, of the
franchise, together with the bond and insurance policies required by Sections
4-214 and 4-215 hereof, respectively, and his a.._~reement to be bound by ~nd
to comply with and to do all things required of him by tbe 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.
Sec. 4-222; MISCELh~EOUS PROVISIONS.
(a) !~hen not otherwise prescribed herein, all.matters herein
required to be filed ~ith 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 Erauting of a franchise pursuant to the provisions of this Ordinance.
Such payment shall be made within ten (10) days after the City furnishes
the grantee with a ~ritten statement of such expenses.
(c) No person, flr~or corporation in the existin~ service
area of the ~rantee shall be arbitrarily refused service~ provided, however,
that the ~rantee shall not be required to provide service to any subscriber
who does not pay the applicable installation fee or monthly service charge.
Sec0 4-223. VIOLATIONS.
(a) It shall be unlawful for any persons firm or corporation
to establish, operate or to carry ou the business of distributing to any
persons in this City any television signals or radio si~rmals by means o~ a
CATV system unless a franchise therefor has first been obtained pursuant
to the provisions of this Ordinance, and unless such franchise is in full
force and effect,
(b) It shall be unlawful for any person, firm or corporation to
construct, install or maintain ~ithin any public street in the Citys or i-~thin
any other public property of the City, or within any prtvately-oi-med area
vithin 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, any equipment or facilities for distributing any
televisi~z signals or radio signals ~hrou~}~ a CATV svsu~m, unle~ a franchise
authorizf~ suc{~ u~e of such otreet or property Or aren h~s first been obtained
pursuant to the provi~io~ of ~his Ordi~ances
full £orce and offecti
(c) It shall be unlawful for any person, firm or corporation to
make any unauthorized~connection, whether physically, electrically, acous-
tically, inductively Or otherwise,.with any part Of a franchised CATV system
vithin ~hiS.City fo~ ~he purpoS~ of taking or receiving televisi~n ~i~nals~
radio'si~ualS, pictur~s, programSs.0r sound.
: (d) It s~all be unlawful for any person, firm or corporation
make. any unauthorized ~ounection~'whether physiC~!ly, electrically, acofis-
ticaliy~ inductively o~1 other~ise, with any par~ Of a frauchised CATV syst~
~ithi~ ~his' City for ~he purpose of enabling himself or others
television Signal, ~adio siena1, picture, program or sound, without payment
to the o~ne~ of said ~yStem of the ~equisite fee~ therefor.
(e) It s~!l he unlawful for any P~Son, ~-Ithout the cOn~ent
the o~mer, to ~ilfully ~amper with, remove or injure any cables, wi~es br ·
equipme~t USed for ~iStribution of television signals, radio sig~als~ pictd~es,
programs or sound.
{f) I~ ~hall be unlawful for, any ~e~son, fire or corporation
represent ~o ~he City, or any Officer, agents board, co~niSSion~ or employee
thereof; ~hat such persons firm or corporation has the con~ent from the o~ner
of any copyrighted program or event to transi~tt ihe same, if such representa-
tion is not tree.
Sec~io.n 2| If any sections subsection, sentences clause or ohrase of
this Ordinance is for any reason held illegal, invalid or
unconstitutional by the decision of any court of con~etent jurisdiction, such
decision shall not affect the validity of the remainfn~ portions hereof. The
Council hereby declares that it would have passed this Ordinance and each sec-
tions subsections sentences clauses and phrase hereof, irrespective of the
fact that any one or more sections, subsections, sentences, clauses or phrases
be declared i11egal~ invalid or unconstitutional.
Section 3: T~his Ordinance shall be in full force and effect
thirty (30) days after the date of its passaFe and
adoption,
The above and foreEoinR Ordinance'was reRularly introduced
and after the waiting time required by law was thereafter passed and adopted
this 5th day of October -, 1966s by the following vote:
AYES: Hartman, Burry~ Tyler~ Robbins
NOES: None ~
ABSENT: Glennon
ATTEST:~. ~.CLE~~
CITY
op:; ,.'i dr.i~}:~n;~s ~LJ~L,. which has ~een
Pub~js;~e,.t acc: r,:~ng to taw.
Deputy gily gte,'k Date