HomeMy WebLinkAboutOrdinance 1595 N.C.S. 12/17/1984#.-.
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Section 2 . Sections :
14.40.010 Definitions.
14 . 40 . 020 Authority to grant franchise .
14.40.030 Application for granting of franchise-
Prerequisites to grant.
14.40.040 Authority of grantee under franchise.
14.40.050 Duration of franchise.
14.40.060 Franchise payments.
14.40.070 Limitations on franchise.
14.40.080 Rights reserved to City.
14.40.090 Acquisition of permits - Diligent prosecution
of installation of apparatus .
14.40.100 Installation of apparatus.
14.40.110 Removal or abandonment of apparatus upon
discontinuance of service.
14.40.120 Temporary disconnection or relocation of
apparatus.
14.40.130 Procedure upon failure of ~rantee to perform
required street work.
14.40.140 Shielding of apparatus.
14.40.150 Security required.
14.40.160 Liability insurance required.
14.40.170 Insurance provisions.
14.40.180 Franchise not effective until insurance secured.
14.40.190 Inspection of property and records of grantee.
14. 40. 200 Operational standards .
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~AN 1 6 ~9$5 OR.DINANCE NO. 1595 N.C.S.
n ro uce by Councilman Seconded by Councilman
Lawrence Tencer John Balshaw
AN ORDINANCE AMENDING CHAPTER 14.40 OF THE PETALUMA
rAUNICIPAL CODE RELATING TO COA~tMUNITY ANTENNA TELEVISION
SYSTEMS IN ITS ENTIRETY
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA as
follows :
Section 1. Chapter 14.40 of the Petaluma Municipal Code relating to
Community Antenna Television Systems is hereby amended in its entirety as
follows :
Section 3. 14. 40 . O10 DEFINITIONS .
For the purpose of this Chapter, the following words and phrases
shall have the meaning respectivelv ascribed to them in this section:
Ord. No. 1595 N.C.S.
A. "City" means the city above named, a municipal corporation of the
State, in its present incorporated form or in any later recognized,
consolidated, enlarged or reincorporated form;
B. "Community antenna television system or CATV" means coaxial
cables, wave guides or other conductors and equipment for providing
television service by cable or through other similar hard line facilities .
C. "Grantee" means the persons or corporations to whom or which a
franchise under this Chapter is granted by the City Council and the lawful
successor or assignee of such persons or corporations;
D. "Gross annual receipts" means any and all compensation in the
form of gross rental or service receipts, excluding initial installation
charges received directly or indirectly from subGcribers or users in
payment for television signal received within the City. Gross annual
receipts do not include: any taxes on the services furnished by the prantee
imposed directly on any user or subscriber by any local, state or other
government unit and collected by the grantee for such governmental unit.
E. "Street" means the surface of and the space above and below any
public street, road, highway, freeway, lane, alley, court, sidewalk,
parkway, easement or drive, now or hereafter existing as such within the
City :
F. "Subscriber means any person or entity receiving for any purpose
the CATV service of the grantee herein.
Section 4.14.40.020 AUTHORITY TO GRANT FRANCHISE.
A non-exclusive franchise to contract, operate and maintain a
community antenna television system in the City may be granted by the City
Council to any person offering to furnish and provide such system under
and pursuant to the terms and p.rovisions of this Chapter..
Section 5.14.40.030 APPLICATION FOR AND GRANTING OF
FRANCHISF-PREREQUISITES TO GRANT.
A. Application for a franchise under this chapter shall be filed with
the City Clerk in a f_orm approved by the City and shall contain the
following infor.mation:
1. Name and address of Applicant;
2. A general description of applicant's proposed CATV operation,
including map of areas to be served.
3. A statement or schedule in a form approved by the City of
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Ord. 1595 NCS Page 2 of 10
proposed 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 application.
For unusual circumstances, such as underground cable required,
or more than one hundred fifty feet of distance from cable to
connection of service to subscribers , an additional installation
charge over that normal.ly charged for installation as specified in
the applicant's proposal may be char~ed, with easements to be
supplied by subscribers. For remote, relatively inaccessible
subscribers within the City, service will be made available
on the basis of cost of materials, labor and easements if
required;
4. A statement of the corporate organization of applicant,
including the names and addresses of its officers, directors and
associates and also including the names of subsidiary companies
with a listing of other. areas beinp served by CATV or similar
systems ;
5. A statement setting forth all a~reements and understandings,
whether written, oral or implied, existing between the
applicant and any person, firm group or corporation with
respect to the franchise and the proposed operations;
6. The applicant shall also furnish a financial statement as to
the company's or corporation's financial ability to complete
installation and operation of the CATV system.
B. Upon consideration of any such application, the City Council may
grant a franchise for CATV to such applicant as may appear from such
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 selection will be final.
Section 6.14.40.040 AUTHORITY OF GRANTEE UNDER FRANCHISE.
Any non-exclusive franchise granted pursuant to the provisions of this
Chapter 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, utader, upon, across and along any public street or highway
such poles, wires, cable, conductors, ducts, conduit, vaults, manholes,
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Ord. 1595 NCS Page 3 of 10
amplifiers, appliances, attachments and other property as may be necessary
and appurtenant, to the CATV system; and in addition, so to use, operate
and provide similar facilities or properties rented or leased from a public
utility franchised or permitted to do business in the City.
The grantee may make a charge to subscribers for connection to its
CATV system and a fixed monthly charge for transmission to them.
No permission or license is given to enter private property without the
express consent of the owner or agent in possession.
Section 7. 14.40.050 DURATION OF FRANCHISE.
Na franchise, granted by the City Council under this chapter, shall be
for a term longer than twenty years following the date of acceptance of
such franchise by the grantee or the renewal thereof.
Section 8.14.40.Ob0 FRANCHISE PAYMENTS.
Any grantee granted a franchise under this chapter shall pay to the
city, during the life of such franchise and at the times hereinafter
specified, an agreed upon percentage of the monthly total gross receipts of
the grantee . Such payment by the grantee to the city shall constitute a
fee in lieu of any occupation tax, license tax or simil.ar levy and shall be
paid monthly or as directed by the city.
The grantee shall file with the city, within thirty days a£ter the
expiration of any calendar year durin~ which such franchise is in force, a
financial statement prepared by a certified public accountant showin~ in
detail the total gross receipts, as defined herein, of the grantee, its
successors or assigns during the preceding calendar year. It shall be the
duty o£ grantee to pay to the city within f.ifteen days after the time for
filing such statements, any unpaid balance for the calendar year covered by
such statements .
The city shall have the right of inspection of the grantee's records
showing its gross receipts .
Section 9.14.40.070 LIMITATIONS ON FRANCHI5E.
A. Any franchise granted under this chapter shall be nonexclusive.
B. No privilege or exemption shall be granted or conferred by any
franchise granted under this chapter except those specifically prescribed
herein .
C. Any privilege claimed under such franchise by ~he grantee in any
street or other public property shall be subordinate to any prior lawful
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Ord . 15 9 5 NCS Page 4 of 10
occupancy of the streets or other public property and shall be in
conformance with Section 53066 of the state Government Code.
D. Any such franchise shall be a privilege to be held in personal
trust by the original grantee. It cannot in any event be sold, transferred,
leased, assigned or. disposed of, in whole or in part either by forced or
involuntary sale, or by voluntary sale, merger, consolidation or otherwise
without prior consent of the city expressed by resolution and then only
under such conditions as may be therein prescribed. The consent of the
city may not be arbitrarily refused; pr. ovided. however, the pr. oposec~
assignee must show financial responsibility and must agree to comply with
all provisions of this chapter; and provided, further, that no such consent
shall be required for a transfer in trust mortgage or other hypothecation as
a whole, to secure an indebtedness.
E. The grantee shall have no recourse whatsoever against the city
for any loss, cost, expense or damage, arising out of any provisions of
requirements of this chapter or its enf.orcement.
F. The grantee is subject to all requirements of the city ordinances,
rules, regulations and specifications of the city hereto£ore or hereafter
enacted or established, including but not limited to those concerning street
work, street excavations, use, removal and relocation of property within a
street and other street work.
Section 10. 14.40.080 RIGHTS RESERVED TO CITY.
There is 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 right or power heretofore or hereafter enacted or established.
Section 11, 14..40.090 AC~JUISITION OF PERMITS-BILIGENT
PROSECUTION OF INSTALLATION OF APPARATU~.
The grantee shall proceed within thirty days with due diligence to
obtain all necessary permits and authorizations which are required in the
conduct of. its business, including utility joint use attachment agreements
and microwave carrier licenses to be granted by duly constituted regulatory
agencies having jurisdiction over the operation of CA.TV systems or their
associated microwave transmission facilities. Further. , the grantee shall
commence the installation within ninety days subsequent to the obtaining of
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Ord. 1595 NCS Page 5 of 10
all the necessary permits and authorizations and shall proceed to render
service to subscribers within ninety days following the commencement of
installation of the system . The completion of the 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 14.40.030, shall be provided within one year from the
date the service wa~ first provided. Failure to do any of. the foregoing
shall be grounds for termination of franchise .
Section 12. 14.40.100 INSTALI,ATION OF APPARATUS.
A. Any poles, wires, cable lines, conduits or other properties of the
grantee to be constructed or installed in streets shall be so constructed or
installed only at such locations and in such manner as shall be approved by
the superintendent of streets of the city acting in the exercise of his
reasonable discretion.
B. The grantee shall not install or erect any facilities of apparatus
on public property or r.ights-of-way within the city (except those installed
or erected upon public utility facilities now existing) , without written
approval of the director of public works of the city.
C. In those areas and portions of the city where either the
transmission and/ar distribution facilities of the public utility providing
telephone service or those of the utility providing electric service are
underground or hereafter may be placed underground, or are to be placed
underground by a subdivider and as part of a subdivision development,
then the grantee shall likewise construct or reconstruct, operate, relocate
and maintain all of its transmission and distribution facilities underground,
except that for new subdivisions approved after the e.ffective date of this
section and for new structures erected in such underground utility area,
the builder or developer will provide and install at his sole cost and
expense to the grantee's specifications, trenches for underground
distribution trenches for service laterals, service drop trenches to the
buildings point of entry, and restoration of trench area including
furnishing of any imported backfill materials as .required; and all conduit,
vaults and pedestals, and internal wir.ing. Amplifiers in the grantee's
transmission and distribution line may be concrete boxes or vaults on the
surface of the ground. Amplifier vaults and boxes shall be supplied as
provided in this chapter, but the grantee shall supply and install any
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Ord. 1595 NCS Page 6 of 10
needed amplified assembly at the grantee's expense. The citv shall not in
any manner be responsible for any costs incurred by the grantee in placing
this property underground.
The builders or developer will provide plans for completion of cable
television service with his plans for utilities including telephone. electrical
service and gas service when applying for a buil.ding permit. The grantee
shall make cable television service available to such new structure or
structures within six months from the date of occupancy, providing the
contractor or developer has fulfilled his obligations provided under the
provisions of this section .
Section 13. 14.40.110 REMOVAL OR ABANDONMENT OF
APPARATUS UPON DISCONTTNUANCE OF SERVICE.
In the event that the use of any part of the CATV system is
discontinued for any reason for a continuous period of twelve months or in
the event such system or property has been installed in any street or
public place without complying with requirements of its franchise or the
f.ranchise has been terminated, cancelled or has expired, the grantee shall
promptly, upon being given notice, remove from the streets or public places
all such property and poles of such system other than any which th.e
director of public works may permit to be abandoned. in such place. In the
event of any such removal, the grantee shall promptly restore the street o.r
other area from which such property has been removed to a condition
satisfactory to the director of public works.
Section 14. 14.40.120. TEMPORARY DISCONNECTION OR
RELOCATION OF APPARATUS.
The grantee shall, at its expense, protect, support, temporarily
disconnect, relocate in the same street, alley or public place or remove from
the street, alley or public place any property of the grantee when required
by the director of public works by reason of traffic condition.s, public
safety, street vacation, freeway and street construction, change or
establishment of street grade, installation of sewers, drains, water pipes,
power lines, signal lines and tracts or any other type of structures or
improvements by governmental agencies when acting in a governmental or
pr~prietary capacity or any other types of structures or improvements by
governmental agencies when acting in a governmental or proprietary
capacity or any any other structures or public improvements; provided,
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Ord. 1595 NCS Page 7 of 10
however, the grantee shall in all cases have the privile~es and be subject
to the obligations to abandon any property of the grantee in place as
provided in Section 14.40.110.
Section 15. 14.40.130 PROCEDURE UPON FAILURE OF GRANTEE
TO PERFORM REQUIRED STREET WORK.
Upon failure of the grantee to complete any work required by law or
by the provisions of this chapter to be done in any street within the time
prescribed and to the satisfaction of the director of public works, the
director of public works may cause such work to be done, and the grantee
shall pay to the city the cost thereof in the itemized amounts reported by
the director of public works to the grantee within thirty d.ays after receipt
of such itemized report.
Section 16. 14.40.140 SHIELDING OF APPARATIJS
The grantee shall at all times during the term of any franchise granted
under this chapter, at its own cost and expense, properly and in a good
workmanlike manner install and maintain adec{uate shielding, filterin~ and
grounding at affected installations within the CATV system to eliminate
television interference encountered from fundamental frequency overload by
radio amateur transmissions which are in compliance with Federal
Communications Commission regulations .
Section 17. 14.40.150 SECURITY REQUIRED .
A. The grantee shall, concurrently with the filing of and. acceptance
of award of any franchise granted under this chapter, file with the City
Manager and at all times thereafter maintain in full force and effect for the
term of such franchise, at grantee's sole expense, faithful performance
security frorn a company approved by and in a form to be apt~roved. by the
City Attorney in an amount approved by the City, renewable annually, and
conditioned upon the faithful performance of grantee and unon the further
condition that in the event grantee shall fail to comply with any one or
more of the provisions of this chapter, or of any franchise issued to the
grantee hereunder, there shall be recoverable any dama~es or loss suffered
by the City as a result thereof, including the full amount of any
compensation, indemnification, or cost of removal or abandonment of any
property of the grantee as prescribed hereby which may be in default, plus
a reasonable allowance for attorney's fees and costs, up to the full amount
of the security; such condition to be a continuing obligation for the
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Ord. 1595 NCS Page 8 of 10
duration of such franchise and thereafter until the grantee has liquidated
all ~f its obligations with the city that may have arisen from the acceptance
of such franchise by the grantee or from its exercise of any privilege
therein granted. If a bond is provided, the bond shall provide that thirty
days prior written notices of intention not to renew, cancellation, or
material change be given to the city.
B. Neither the provisions of this section, any security accepted by
the City pursuant thereto, nor any damages recovered by the City
thereunder shall be construed to excuse faithful performance by the grantee
or limit the liability of the grantee to the full amount of the security. for
damages.
Section 18. 14. 40.160. LIABILITY INSURANCE REQUIRED .
The grantee shall, at all times during the existence of any franchise
issued under this chapter, maintain in full force and effect, and at its own
cost and expense a general comprehensive liability insurance policy, in
protection of the City, its officers, boards, commissions, agents and
employees, from a company approved by the City and in a form satisfactory
to the City Attorney, protecting the City and all persons against liability
for loss or damage for personal injury, death and property damage,
occasioned by the operations of the grantee under such franchise, in
minimum liability limits as established by the City.
Section 19. 14.40.170 INSURANCF PROVISIONS.
The policies mentioned in Section 14.40.160 shall name the City, its
officers, boards, commissioners, agents and employees as additional
insured.
Section 20. 14.40.180 FRANCHISE NOT EFFECTIVE UNTIL
INSURANCE SECURED .
No franchise granted under this chapter shall be effective unless and
until each of the foregoing policies of insurance as required in this Chapter
have been delivered to the City.
Section 21. 14.40.190 INSPECTION OF PROPERTY AND RECORDS
OF GRANTEE.
At all reasonable times , the grantee shall permit any duly authorized
representative of the City to examine all property of the grantee, together
with any appurtenant property of the grantee situated within or without the
City, and to examine and transcribe any and all maps and other records
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Ord. 1595 R1CS Page 9 of 10
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kept or maintained by the grantee or under its control which d.eal with the
operations, affairs, transactions or property of the grantee with respect
thereto. The grantee shall, at all times, make and keep in the city full
and complete plans and records showing the exact location of all CATV
system equipment installed or in use in streets, alleys and public places in
the city. The grantee shall file with the director of public works, on or
before the last day in March of each year, a current map or set of maps
drawn to scale to be designated by the director of public works, showing
all CATV system equipment installed in streets, alleys and public places of
the City during the previous year.
Section 22. 14.40.200 OPERATIONAL STANDARDS.
The CATV system sha.ll be installed and maintained in accordance with
the provisions and standards contained in the Franchise Agreement.
Section 23. Severability Clause.
If any section, subsection, sentence, clause or phrase or word of
this ordinance is for any reason held to be unconstitutional by a court of
competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council of the City of
Petaluma hereby declares that it would have passed and adopted this
ordinance and each and all provisions thereof. irrespective of the fact that
any one or more of said provisions be declared unconstitutional.
Section 24. The City Clerk is hereby directed to post/publish this
ordinance in the manner and for the period required by the City Charter
and law.
INTRODUCED AND ORDERED POSTED/PUBLISHED THIS 3rd day of
December , 1984.
ADOPTED this 17th day of. December , 1984 by the following
vote:
AYES: TENCER/CAVANAGH/BALSHAW/V.M. BOND/MAYOR MATTEI
ABSENT: PERRY/BATTAGLIA
NOES: NONE
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ATTE
City Clerk
ORD2/TELEVISION SYSTEMS
Ord. No. 1595 N.C.S.
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