HomeMy WebLinkAbout38.12.2 ORDINANCE .12.2
AN ORDINANCE OF THE CITY OF SARATOGA AMENDING
ARTICLE VI OF CHAPTER 4 OF THE SARATOGA CITY
CODE, PROVIDING FOR THE GRANTING OF FRANCHISES
FOR COMMUNITY ANTENNA TELEVISION SYSTEMS: PRO-
VIDING TERMS AND CONDITIONS FOR THE OPERATION
OF SUCH COMMUNITY ANTENNA TELEVISION SYSTEMS
AND FEES THEREFOR.
The City Council of the City of Saratoga does ordain as follows:
Section 1: Article VI of Chapter 4 of the Saratoga City Code, together
with all of the sections and subsections thereof, is amended
to read as follows:
ARTICLE VI - CATV FRANCHISES
Sec. 4-200. DEFINITIONS. For the purposes of this article, the following
terms, phrases, words, abbreviations, and their derivations shall have the meaning
given herein. When not inconsistent with the context, words used in the present
tense include the future tense, words in the plural number include the singular
number, and words in the singular number include the plural number.
(a) "City" shall mean the City of Saratoga, a municipal corporation,
and "Council" 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 con-
struct, 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) "Grantee" shall mean the person, firm or corporation to whom or
to which a franchise, as hereinabove defined is granted by the Council to construct,
operate or maintain a CATV system as hereafter defined, under this ordinance, and the
lawful successor, transferee or assignee of said person, form or corporation.
(d) "Street" shall mean the surface of and the space above and below
any part of the entire width of right of way of a public street, road, highway, free-
way, lane, path, alley, court, sidewalk, parkway, or drive, or of any unaccepted
street offered for dedication to City whether or not such entire area is actually
used or improved for street purposes, now or hereafter existing as such within the
City, or any public service or public utility easement.
(e) "Property of grantee" shall mean all property owned, installed or
used by a grantee in the conduct of a CATV business in the City under the authority
of a franchise granted pursuant to this Ordinance.
(f) "CATV" or "CATV System" shall mean a community antenna television
system as hereinafter'~defined.
(g) "Community Antenna Television System" (CATV) shall mean any
facility, including any system of antenna, coaxial cables, wires, wave guides, or
other conductors, equipment or facilities which is designed, constructed or used
for the purpose of providing a broadband communication service including, but not
limited, to television or FM radio service and which, in w~ole or in part, receives
directly or indirectly over the air and amplifies or otherwise modifies the signals
transmitting programs broadcast by one or more television or FM radio stations and
distributes such signals by wire or cable to subscribing members of the public who
pay for such service. CATV, for the purpose of this franchise ordinance or 'any
ordinance granting a franchise pursuant hereto, shall not include the deliveryo~
transmission of (a) any special program or event for which a separate and distinct
program-by-program charge is made to the subscriber, commonly known as "pay tele-
vision", nor (b) any copy righted program or event without the owner of the facility
first complying with all laws relating thereto. Special services or special channels
for which monthly billing is rendered shall not be excluded.
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.. (h) "Subscriber" shall mean ~erson or entity receiving
purpose the CATV service of a grantee.
(i) "Gross Annual Receipts" shall mean any and all compensation and
other consideration in any form whatever and any contributing grant or subsidty re-
ceived directly or indirectly by a grantee from subscribers or users in payment for
television or FM radio signals or service r~ceived within the City, including all
normal installation charges.
Gross Annual Receipts shall not include any taxes on services
furnished by the Grantee imposed directly on any subscriber or user by any city,
state or other governmentalunit and collected by the grantee for such governmental
unit, nor shall it include any copyright charges passed through to subscribers'in
the £orm of a sales tax.
Se~. 4-201. EXCLUSIVE USE OF TELEPHONE FACILITIES. When and in the event
that the grantee of any franchise granted hereunder constructs, operates and maintains
a CATV system exclusively through telephone company facilities constructed, operated
and maintained pursuant to a state-granted telephone franchise and offers satisfactory
proof that in no event during the life of such franchise shall the grantee make any use
of the streets independently of such telephbne company facilities, said grantee shall be
required to comply with all of the provisions hereof as a "licensee" and in such event
whenever the term "grantee" is used herein it shall be deemed to mean and include
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 be granted
by ordinance by the Council to any p~rson, firm or corporation, whether operating
under an existing franchise or not, who or which offers to furnish and provide such
system under and pursuant to the termsand.provisions of this O~dinance. All franchises
for CATV systems as herein 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.
Sec. 4-203. USES PERMITTED'BY GRANTEE. A 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 CATVsystem; and in
addition, so to use, operate, and provide similar facilities or properties rented or
leased from other persons, firms or corporations, including but not limited to any
public utility or other granteefranchised or permitted to do business in the City;
subject, however, to all of the other terms, conditions, and provisions of this Ord-
inance and any additional conditions or provisions of any Ordinance which grants a fran-
chise in accord herewith.
No franchise granted hereunder shall be construed as either (a) a franchise,
permit or license to transmit any special program or event for which a separate and
distinct charge is made to 'the subscriber program-by-program in the manner commonly
known and referred to as "pay television", and no grantee.shall directly or indirectly
install, maintain or operate on any television set any coin box or other device or means
for collecting of money for individual programs, nor (b) as any franchise, permit or
license to transmit any copyrighted program or event without complaying with all laws
relating thereto.
The grantee may make a charge to subscribers for installation or connection
to its CATV system and a fixed monthly charge as filed and approVed as herein provided.
No increase in the rates and charges to subscribers, as set forth in the schedule filed
and approved with granteels application, may be made without the prior approval of
the Council expressed by resolution. Rates may not be' discriminatory.
Sec. 4-204. GENERAL FRANCHISE PROVISIONS. Any franchise granted hereunder
shall be subject to such reasonable conditions as may be imposed in the granting of the
same, and in addition shall be automatically subject to the following conditions which
shall also be obligations of the grantee:
(a) The grantee shall comply with all encroachment permit, zoning, build-
ing, and other laws and ordinances of the City, and the City Code, as presently exist-
ing or hereafter enacted or adopted, in the'location, construction, operation, mainten-
ance and use of the CATV system or any part'thereof.
(b) The grantee shall obtain'such licenses, if any, as required, and at
all times during the term of any franchise keep such licenses in full force and effect,
from the Federal Communications Commission, and shall comply with all preseht and future
laws, regulations, rules and orders of the Federal Communications Commission, as presently
existing or hereafter eBacted, promulgated or adopted, and shall also comp%y with any
and all other laws, whether local, state or national, as presently existing or as here-
after enacted, regulating or governing any of the activities of the grantee.
(c) The grantee shall at all times during the term of any franchise, at
its own cost and expense, properly and in good, workmanlike manner, ~nstall and maintain
adequate shielding, filtering and grounding:at affected installations within the CATV
system to eliminate television interference'encountered from fundamental frequency over-
load by radio amateur transmissions which are in compliance with Federal Communications
Commission regulations.
(d) No grantee shall engage in the business of leasing or selling tele-
vision or other. receivers which make uses of signals transmitted by the CATV system,
nor shall any grantee offer or provide any service of television or radio maintenance,
sale of parts, or repair, to subscribers, other than initial or subsequent adjustment
of equipment as may be necessary by virtue 0f the CATV installation, and which adjust-
ment service shall be included in and not be in addition to the installation charge to
the subscriber. This shall not preclude the grantee from furnishing converters that
are not part of the basic CATV system as de:signed and engineered.
(e) The grantee shall maintain an~6ffice within the city limits or at a
location which subscribers may call without incurring added message or toll charges, so
that CATV maintenance service shall be promptly available to all subscribers.
(f) No grantee shall add to, alter, change, or delete any' broadcast
intelligence, other than deletion of advertising commercials, if such deletion is
otherwise permitted by law.
Sec. 4-205. DURATION OF LICENSE.. No franchise granted under%this ordinance
shall be for a term?6f longer than 20 years following the'date of acceptance of such
franchise by the grantee or the renewal thereof. Any such franchise granted hereunder
shall automatically terminate without.notice or hearing in the event that~the~grantee
directly or indirectly transmits or delivers any copyrighted program or event without
complaying with all laws relating thereto.
Any such franchise granted hereunder may be terminated by the Council prior
to its date of expiration after a public hearing, in the event that said Council shall
have found after thirty (30) days notice of any such proposed termination and hearing,
that: (a) the grantee has failed to comply with any condition, limitation, obligation,
or provision of this Ordinance, or has, byeact or ommission, violated any term,~condi-
tion or provision of any franchise, permit, or license issued hereunder and has failed
after thirty (30) days written notice to completly obviate such default, or (b) any
provision of this ordinance has become invalid or unenforceable and the Council further
finds that such provision constitutes a consideration material to the grant of said
franchise.
Sec. 4-206. FRANCHISE PAYMENTS.: Any grantee granted a franchise under this
ordinance shall pay to the City, during-th~ life of such franchise, a sum equal to two
percent (2%) of the gross annual receipts of the grantee, or such greater percentage as
may at anytime be permitted or allowed as ~ maximum percentage rate by the rules and
regulations of the F.C.C. Such payment shall be made by the grantee monthly, or as may
btherwise be provided in the grantee's franchise, and such payment by the grantee to
the City shall be in lieu of any occupation tax, license tax, or similar levy.
The Grantee shall file with the City, within thirty (30) days after the expira-
tion of any calendar year during which such franchise is in force, a financial statement
prepared by a certified public accountant showing in detail the total gross receipts, as
defined herein, of grantee, its successors or assigns, during the preceding calendar
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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, and amount
equal to $100 per month.
The City shall have the right to iinspect the grantee's records showing the
gross receipts from which its franchise payments are computed and the right of audit
and recomputatien 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.
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 anJ damages, of not less than one hundred
per cent (100%) of its total gross profits during said period.
Sec. 4-207. LIMITATIONS OF FRANCHISE.
(a) ~y franchise granted under this Ordinance shall be non-exclusive.
(b) No privilege or exemption shall be granted or conferred by any fran-
chise granted under this Ordinance except those specifically prescribed herein.
(c) Any privilege claimed under any such franchise by the grantee in
any street or other public property shall be subordinate to any prior lawful occupancy
of the streets or other public property, and subject to removal and relocation as
hereinafter set forth~n..thisL~Article.
(d) Any such franchise shall be a privilege to be held in personal
trust by the original grantee. It cannot in any event be sold, transferred, leased,
assigned or disposed of, in whole or in par~, either by force or involuntary sale,
or by voluntary sale, merger, consolidation or otherwise, without thelprior consent
of the Council expressed by resolution, and then only under such condftions as'may
therein be prescribed. Any such transfer or assignment shall be made only by an in-
strument in writing, a duly executed copy of which shall be filed in the office of the
City Clerk within thirty (30) days after any such transfer or assignment. The said
consent of the Council may not be unreasonably refused; provided, however, the proposed
assignee must show financial responsibility and must agree to comply with all provisions
of this Ordinance; and provided, further, that no such consent shall be required for a
transfar in trust, mortgage or other hypotecation as a whole, to secure an indebtedness.
(e) Time shall be of the essence~of any such franchise granted hereunder.
The grantee shall not be relieved of his obligation to comply promptly with any of the
provisions of this Ordinance or by any failure of the City to.enforce prompt compliance.
(f) .T~grantee shall have no recourse whatsoever against the City for
any loss, cost, expense, or damage arising out of any provision or requirement of this
Ordinance, or of any franchise issued hereunder or because of its enforcement.
(g) Any shch franchise granted shall not relieve the grantee of any
obligation involved in obtaining pole space from any utility company or others main-
taining poles in streets.
(h) Any franchise granted hereunder shall be in lieu of any and all
other rights, privileges, powers, immunities, and authorities owned, possessed, con-
trolled, or exercisable by grantee, or any successor to any interest of grantee, of
or pertaining to the construction, operation, or maintenance of any CATV system in
the City; and the acceptance of any franchise hereunder shall operate, as between
Grantee and the City, as an abandonment of any and all of such rights, privileges,
powers, immunities, and authorities within the City, to the effect that, as between~
grantee and the City, 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 in-
stances and respects to be, under and pursuant to said franchise, and not under or
pursuant to any other right, privilege, power, immunity, or authority whatsoever.
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Sec. 4-208. RIGHTS RESERVED TO T~E CITY.
(a) Nothing herein shall be deemed or construed to impair or affect,
in any way, to any extent, the right of thelCity to acquire the property of the grantee,
either by purchase or through the exercise of the right of eminent domain, at a fair
and just value, which shall not include any amount for the franchise itself or for any
of the rights or privileges granted,-and nothing herein c0ntai~ed shall be construed to
contract away or to modify or abridge, either for a term or in perpetuity, the City's
right of eminent domain.
(b) There is hereby reserved to the City every right and power which is
required to be herein reserved or provided by any ordinance of the City, and the
grantee, by its acceptance of any franchise, agrees to be bound thereby and to comply
with any action or requirements of the City in its exercise of such rights or power,
heretofore or hereafter enacted or established.
(c) Neither the granting of any franchise hereunder nor any of the
provisions contained herein shall be construed to prevent the City from granting any
identical, or similar, franchise to any other person, firm or corporation, within all
or any portion of the City.
(d) There is hereby reserved to the City the power to amend any section
or part of this Ordinance so as to require additional or greater standards of construc-
tion, operation, maintenance or otherwise, pn the part of the grantee.
(e) Neither the granting of any franchise nor any provision hereof shall
constitute a waiver or bar to the exercise of any governmental right or power of the City.
(f) The Council may do all things which are necessary and convenient in
the exercise of its jurisdiction under this 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 empowered to adjust, settle, or compromise any contro-
versy or charge arising from the operations of any grantee under this Ordinance, either
on behalf of the City, the grantee, or any subscriber, in the best interest of the
public.
Sec ~, 4~09'.- PERMITS~ 7INSTALLAT ION AND 'SERVICE.
· (a) Within thirty (30) days after acceptance of any franchise the grantee
shall proceed with due diligence to obtain all necessary permits and authorizaticns
which are required in the conduct of its business, including, but not limited to any
utility joint use attachment agreements, ~icrowave carrier licenses, and any other
permits, licenses and authorizations to be granted by duly constituted regulatory
agencies having jurisdiction over the operation of CA.TV systems, or their associated
microwave transmission facilities.
(b) Within ninety (90) days'after obtaining all necessary permits, licenses
and authorizations, grantee shall commence system mapping, engineering and polecclearance
and thereafter within such time as set forth in the ordinance granting the franchise,
commence physical installation of the system.
(c) Within'such number ~f days as set forth in the ordinance granting
the franchise after the commencement of construction and installation of the system,
grantee shall proceed to render service to'subscribers, and the completion of the
construction and installation shall be pursued with reasonable diligence thereafter.
Such ordinance may specify particular areas of the city to first be served, and may
eh n J~ steps or
set up a schedule of re o~gical stages of facility installation and service,
both by area and by stafe of construction of facilities, and shall provide specific
time limits on or before which each area shall have full CATV service available so all
persons in each such area desirous of subscribing to such service.
(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 f~anchise, 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 completi6n of construction and installation for addi-
tional periods in the event the grantee, acting in good faith, experiences delays by
reason of circumstances beyond his control.
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Sec. 4-210. LOCATION OF PROPERTY'OF GRANTEE.
(a) Any poles, wires, cable lines, conduits or oth ~e~rc~operties of the /
grantee to be constructed or installed in streets, shall be so constructed or installed
only at such locations and in such manner as shall be approved by the Director of Public
Works.
(b) The grantee shall not install or erect any facilities or apparatus
in or on other public property, places or rights-of-way or within any privately-owned
areas within 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 installed or erected upon public utility facilities now existing,
without obtaining the prior written approval of the Director of Public Works.
In those areas and portionsof the City where the transmission or
distribution facilities or service drops of either the public utility providing tele-
phone service or of the utility providing electric service are underground or hereafter
may be placed underground, then the grantee shall'likewise construct, operate and
maintain all of its transmission and distribution facilities and service~ drops
underground. For the purposes of this subsection "underground" shall.include a partial
underground system, e.g. streamlining. Amplifiers in grantee's transmission and distri-
bution 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 ABANDONMENT OF PROPERTY OF GRANTEE
(a) In the event thatcthe us& of any part of the CATV system is dis-
continued 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 with-
out complying with the requirements of gran~ee's franchise or this Ordinance, or the
franchise has been terminated, cancelled or~has been terminated, cancelled or has
expired, the grantee shall promptly, upon being given thirty (30) days' notice, re-
move from the streets or public places all such property and poles of such system y
other than any which the Director of Public'Works may permit to be abandoned in place.
In the event of such removal, the grantee shall promptly restore the street or other
area from whiqh such property has been removed to a condition satisfactory to the
Director of Public Works.
(b)=l Any property of the grantee remaining in plac~ sixty (60) days
after the termination of expiration of the franchise shall be considered permanently
abandoned. The Director of Public Works may extend such time not to exceed an addi-
tional 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. CHANGES REQUIRED BY PUBLIC IMPROVEMENTS. 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 required by the Director of Public Works by reason of
traffic Conditions, public safety, street vacation, street or, freeway construction,
alteration, change, or establishment of street grades, alignment, or width, installa-
tion of sewers, drains, water pipes, power lines, signal lines, or tracks or any
other type of structure or improvement by any public agency, or any private person,
firm or corporation doing such work on direction of a public agency. If such removal
or relocation relates to any underground conduit or other facility, the same shall be
subject to the requirements of Section 13-16 through Section 13-19 of this Code. All
facilities o~ grantee, whether above ground !or underground, shall be considered encroach-
ments within the terms and meaning of, and subject to the provisions of, Articles IV
and V of Chapter 13 of this Code. Anythihg to the contrary hereinabove norwithstanding,
however, the grantee shall in all cases have the privilese of and be subject to the
obligations of abandoning any of such property in place, as provided in Section 4-211
hereof.
Sec. 4-123. FAILURE TO PERFORM STREET WORK. Upon any failure of the grantee
to commence, pursue, or complete any work required by law, by the provisions of this
Article, by any of the provisions of the Saratoga City Code, or by this franchise, to
be done in any street or other public place, within the time prescribed, and to the
satisfaction of the Director of Public Works, the City,'may, at its option, cause such
work to be done and the grantee sha~l pay to the City the cost thereof in the itemized
amounts reported by th~ Director of Public Works to the grantee within ten (10) days
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after receipt of such itemized report, the:performance bond hereinafter set forth in
Section 4-214 (a) being specifically applicable to these provisions.
Sec. 5r~j.I FAILTHFUL PERFORMANCE AND COMPLETION BOND.
(a) The grantee shall, concurrently with the filing of an acceptance
of award of any franchise granted under thi~ Ordinance, file with the City, 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 approved by the City Attorney%in the amount of not less than $750,000
to guarantee completion of construction of fall facilities, faithful performance by
grantee under the franchise, and compliance by grantee withall provisions of this
ordinance and the ordinance granting~such franchise. Upon completion of construction
of all facilities, and when service to all areas as required by the franchise is
available to the required standards, the amount of such bond may be reduced to a sum
of not less than $25,000. ~e. exact amount~of such bond, both ~iginal ahd as to be
reduced, shall be set forth ih the ordinanc'e granting the franchise. Said bond shall
provide, inter alia, not only for payment tb City of any and all damages or loss suffered
or to be suffered by city in the event of ~ny breach or failure by grantee under such
franchise, including the full amount of any compensation, indemhification or cost of
renewal or abandonment of any property of the grantee, but also that upon any failure
of grantee to complete construction and ins'tallation of such CATV system in accord
with the applicable time limits and schedul~ing or after completion, upon any failure
of grantee to continue to provide CATV SerVice to the levels and standards as required
by such franchise and this ordinance, the p'o e~ds of such bond, up to the whole thereof,
.re
shall be used~ by such bonding company, on demand of City, to complete such construction
and installation and/or operate said syste~ and so provide said service together with
any and all attorney~'{fees and costs incurred by City by reason of any such breach or
default or by reason of any action or proceeding taken or suffered by City against either
grantee or said bonding company up to the full amount of said bond; such bondition of such
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bond is to be a continuing obligation for ~h duration of such franchise and of any renewal
thereof and thereafter until the grantee h~s liquidated all of its obligations with the
City that may have arisen from the acceptance of said franchise or ~enewal by the grantee
or from its exercise of any privilege th ~i granted. The bond shall provide that
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thirty (30) days' prior written notice of ~ntentlon not to renew~ cancellation, or
material change, be given to the City.
(b) Neither the provisions af this section, nor any bond accepted by
the City pursuant hereto, nor any damages ~ecovered by the City thereunder, shall be
construed to excuse faithful performance b~ the grantee, or limit the liability of the
grantee, under any franchise issued hereunder, or for damages, either to the full
amount of the bond or otherwise.
Sec. 4-215.. INDEMiqIFICATION OF ~ITY.
(a) The grantee by acceptin~ such franchise, shall thereby indemnify
and hold harmless the hereinafter designated persons and entities from the hereinafter
set forth matters, and shall, concurrentlyiwith the filing of the acceptance of award
of such franchise, furnish to the City and[file with the City Clerk, and at all times
during the existence'of any franchise granted hereunder, maintain in full force and
effect, and its sole cost and expense, a l~ability policy or certificate of insurance
in the amount of not less than $1,000,00.00, in a company approved by, and in a form
satisfactory to, the City.Attorney, insuring the City, its officers and e~ployees from
and against any and all claims, demands, actions, suits, and liability by reason of
or arising out of any failure by the grant&e to secure consents from the owners,
authorized distributors or licensees of programs to be delivered by the grantee's
CATV System, and against any loss~ cost, expense and damages resulting therefrom,
including reasonable attorney's fees, arising out of the exercise of enjoyment.of its
franchise, irrespective of the amount of a~d in addition to the comprehensive liability
insurance policy otherwise required hereunder.
(b) The grantee shal~.concu~rent!y ~it6]t~a filing Of an a~c~pt'~nce of~
award of any franchise granted under this Ordidance, furnish to hhe'~City'and fike with
the City Clerk~ and at all times during the existtenSe of any franchise granted hereunder,
maintain in full force and effect at its o~n cost and expense, a general comprehensive
public liability policy or<certificate of ~nsurance in protection of the Cit~ its
officerss.boards, commissions agents, and employees redundant 'in a company approved
by~ and a form satisfactorily to the City Attorney, protecting the City and all persons
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against liability for loss or damage for personal injury, death and property damage,
occasioned by the operations of grantee under such franchise, with minimum liability
limits of $1~000,000.00 for personal injury or death of any one or more persons in any
one occurence and $50,000.00 for damage to property resulting from any one occurance.
(c) The policies mentioned in the foregoing paragraphs shall name the
City, its officers, boards, cormnissions agents and employees, as additional named
insureds and shall contain a provision that a writ!ten notice of cancellation or
reduction in coverage of said policy shall Zbe delivered to the City no less than
thirty (30) days in advance of the effective date thereof: if such insurance is
provided by a policy which 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 AND TECHNICAL RECORDS.
(a) At' all reasonable times,. the grantee shall permit any duly
authorized representatives of the City to examine all property of the grantee, to-
gether with any appurtenant property of the grantee siutated 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 control which deal with the opera-
tions, affairs, transactions or property of the grantee with respect to its franchise.
If any maps or technical records are not kept in the City, 0r upon reasonable request
made available in the City, and if the Council shall determine that an examination
thereof is necessary or appropriate, then a~l travel and maintenance expense necessarily
incurred in making such examination shall be paid by the grantee.
(b) iThe'grantee shall prepare and furnish to the City at the times,
and in the form prescribed by the City Manager, such reports with respect to its
revenues, gross receipts, affairs, transactions, and property as may be reasonably
necessary or appropriate to t he performance of any of the rights, functions or
duties of the City or any of its officers in connection with the franchise, and in
this regard shall submit to the City copies of all data and information furnished
to the Federal Communications Commission under Section 403 of the Communications
Act, and regulations and orders pursuant thereto, at such times as such information
is submitted to the Federal Communicat io~ Commiss ion.
(c) The grantee shall at all times make and keep in the City full and
complete plans and records showipg the exact location of all CATV systems equipment
installed or in use in'Is~ets 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 maps drawn to scale, showing all CATV
system equipment installed and in place in streets and other .~Ublic places in the
City.
(e) When any portion of the CATV system is to be installed on public
utility poles or facilities, certified cop~e's of the agreement for such use of poles
and facilities shall be filled with the City. Clerk.
Sec. 4-217. 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 shall receive the highest possible service as the state
of the art allows. In determining the satisfactor'y extent of such standards the
following among others shall be considered minimums:
(a) That the system be installed using all band equipment capable
of passing the enti~e VHF and FM spectrum,'and that it have the further capability
of converting UHF for distribution to subscribers on the VHF band.
(b) That the system, as instailed and maintained, be capable of passing
standard color TV signals without the infroduction of material degradation of color
~fid~ii~y and intelligence.
(c) That'the system and all equipment be designed and rated for 24-hour
per day continuous operation.
(d) That th~ system provide a ~ominal signal level of 2000 microvolts
at the input terminals of each TV receiver of each subscriber, measured againstB00
OHMS.
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(e) That the system carrier~to-noise ratio be not less than 40 decib~ls,
as measured at the furthermost amplifer from the head end.
(f) That hum modulation of the picture signal is less than two (2)
per cent.
(g) That the system use components having a VSWR of 1.4 or less.
(h) That the system, as to television, produce a picture, whether in
bljck and white or in color, which is undi~torted, free of ghost images and.accompanied
by proper sound on typical standard production television receivers in good repair.
On request of City, grantee shall demonstrate by monitor or otherwise, the adequacy of
signal strength and quality, and the qualityof the resultant audio and video product.
Sec. 4-128. APPLICATION FOR FRANCHISE. Application for a franchise hereunder
shall be in writing, shall bedfiled ~ith~ t~e Ci~.~lerk, and shall caontian the follow-
ingihformation:
(a) The name and address of the applicant. if the applicant is a partner-
ship, 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 parent and
subsidiary companies.
(b) A 'general statement and description of the CATV system proposed
to be constructed, installed, maintained or operated by the~applicant; the proposed
location of such system and its various components; the manner in which applicant
proposes to constructS, install~maintain and operate the sa~e; and, particularly, the
e~tent and manner in w~ich ~Xisting 6r_ ~6e~re poles or Other facilities of other public
U~{i~ties will b~ used fSr such system.
(c) A general statement, of the public streets, public places and pro-
posed public streets within which applicant proposes or seeks authority to construct,
install or maintain any CATV equipment or facilities; a general description of the
equipment or facilities proposed to be constructed, installed or maintained therein.
(d) A map specifically showing and delineating the proposed service
area or areas within which applicant proposes to provide CATV services and for which
a franchise is requested, specifying proposed chronology and scheduling of construc-
tion, installation and service completion.
(e) A statement or schedule in a form approved by the City of prop6sed
rates and charges to subscribers for installation and services, and a copy of proposed
service agreement between the grantee and its subscribers shall accompany the applica-
tion. For unusual circumstances, such as underground cable required, or more than 150
feet of distance from cable to connection of service to subscribers, an additional
installation charge over that normally charged for installation as specified in the
applicant~s proposal may be charged, with easements to be supplied by subscribers. For
remote, relatively inaccessible subscribers within 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
written, oral or implied, existing between the applicant and any person, firm or corp-
oration 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 rep-
resentative of another person, firm or corporation, and such information is not dis-
closed in the qriginal application such franchise shall be deemed void and of no force
and effect lwhatso~.""
(h) A current financial statement, or latest ann~al report if the appli-
cant is listed on a domestic national stock exchange, prepared by a certified public
accountant, or person otherwise satisfactoryto the Council, showing applicant's financial
status and his financial abilli~y to complete the construction and installation of the
proposed CATV system.
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(i) · A certified cgpy of appl{cant's license from the Federal Communica-
tions Commission authorizing the operation of a CATV system, or-in the alternative
evidence satisfactory to the City Attorney that no such license is necessary £or the
operations contemplated by the applicant. ~
(j) A full disclosure made of any criminal proceedings, or any charges
by any governmental agency,'litigation, or other legal proceedings, past, present, or
pending, in conjunction with any CATV operations~of applicant.
(k) The CoUncil may at any time demand, and applicant shall provide,
such supplementary, additional or other information as the Council may deem reasonably
necessary to determine whether the requested franchise should be granted.
Sec. 4-219. GRANTING OR DENIAL FRANCHISE.
(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 television
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 gr'anted.
(b) Any franchise granted pursuant to this Ordinance shall include the
following condition:
"The CATV system franchised shall be used and operated
solely and exclusively for the purposes expressly auth-
orized by Article VI, Ch. apter 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 reasonable con-
dition, limitation, restriction or provision which it may deem necessary to impose in
connection with such franchise pursuant to the authority conferred by this ordinance.
In the event that any ordinance granting franchise should fail to include the above-
set forth statement, the same shall be deemed to be included in any such franchise as if
.the same were more fully set forth therein.
Sec. 4-220. FRANCHISE RENEWAL. At the exp~rati~ Iof 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.
Section 4-221. ACCEPTANCE AND EFFECTIVE DATE OF FRANCHISE-
(a) No franchise granted pursuant to the provisions of this Ordinance
shall become effective unless and until the ordinance granting same has become ~ffective
and, in addition, unless and until all things required in this Section and Sect~o~si~
4-214 and 4-215 (a) and 4-215 (b) hereof are done and completed, all of such things'
being hereby declared to be conditions precedent to the effectiveness of any franchis~
granted hereunder. In the event any.~qfsuch things are not done and completed in
the time and manner required, this franchise shall automatically be null and void.
(b) Within thirty (30) days after the effective date of the ordinance
awarding a franchise, or within such extended period of timeas the Council in its
discretion may authorize, the grantee shall file with the City Clerk his written
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 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 .~ranchise. Such acceptance and agreement
shall be acknowledged by the grantee before a notary public, and shall in form and con-
tent be satisfactory to and approved by the City Attorney.
Sec. 4-222. MISCELLANEOUS PROVISIONS.
(a) When not otherwise prescribed herein, all matters herein required
to be filed with the City shall be filed with the City Clerk.
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(b) The Grantee shall pay to the City a sum of money sufficient to re-
imburse it for all publication expenses .incurred by it in connection with the granting
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 written statement of
such expenses.
(c) No person, firm or corporation in the existing ser~i~ area of the
grantee shall be arbitrarily refused Servi&e; provided, however, that the .grantee shall
not be required to provide service to any subscriber who does not pay the applicable
installation fee or monthly service charge~
Sec. 4-223. VIOLATIONS
(a) It shall be unlawful for any person, firm or corporation to establish,
operate or to carry on the business of distributing toany persons in this City any
television signalsor radio signals by ~eans of a CATVsystem unless a franchise thereT
fore has first been obtained pursuant to' the provisions?f this Ordinance, and un~less
such franchise is in full force and effect.
(b) It shall be unlawful for any person, firm orcorporation to con-
struct, install or maintain within any public street in the City, or within any other
public property of the City, or within any privately-owned area within the City which
has not yet become a public street but.~sd~signated or delineated as a proposed public
street on any tentative subdivision map approved by the City, an~ equipment or facil-
ities for distributing any television signals or radio signals through a CATV system,
unless a franchise authorizing such use of such street or~ property or area has first
been obtained pursuant to the provisions of this Ordinance, and unless such franchise
is in full force and effect.
(c) It shall be unlawful for any person, firm or corporation to make any
unauthorized connection, whether physically, electrici~ly, acoustically, inductively or
otherwise, with any part of a franchised CATV system within this City for the purpose
of taking or receiving television signals, lradio signals, pictures, programs, or sound.
(d) It shall be unlawful for any person, firm or corporation to make
any unauthorized connection, whether physically, electrically, acoustically, inductively
or otherwise, with any part of a franchise 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 payment to the owner of said system of the requisite fees
therefor.
(e) It shall be unlawful fo~ any person, without the consent of the
owner, to willfully tamper with, remove or injure any cables, wires or equipment used
for distribution of television signals,.radio signals, pictures, programs or sound.
(f) it shall be unlawful for any person, firm or corporation to rep-
resent to the city, or any officer, age~t, board, commission, or employee thereof,
that such person, firm or corporation has the consent from the owner of any copy-
righted program or ~event to transmit the same, if such representation is not true.
Section 2: If any section, subsection, sentence, clause or phrase of this
Ordinance is for any reason held illegal, invalid or unconsti-
tutional by the decision of any court or competent jurisdiction, such decision
shall not affect the validity of the remaining portions hereof. The Council hereby
declares that it would have passed this Ordinance and each section, subsection,
sentence, clause, and phrase hereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses or phrases be declared illegal, invalid
or unconstitutional.
Section 3: This Ordinance shall be in full force and effect thirty (30)
days after the date of its passage and adoption.
The above and foregoing Ordinance was regularly introduced and after the
waiting time required by law was thereafter passed and adopted this 18th day of
August, 1971, by the following vote:
The above and f~rggoi ~ is a true and c~rre~
NOES: Non~
ATTES~:~ Z~ Deputy City Clerk / Date
7~,~ ~ITY cL