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HomeMy WebLinkAboutOrdinance 757 N.C.S. 10/19/1964i v i n i na f t City, f ided y any er gin re- served DUCED BY COUNCILMAN shall E be 'foram h term r longery the is a uired to be he than P o rdinance O City Council under this Ordinance, and the grantee, by its t0 agrees [OMAS .J. 'ELLIS, JR. twenty (20) years . following the date arse tance o , y )NDED .BY_ COUNCILMAN of acceptance of such franchise by to `be bound thereby and to comply BERT L` BATTAGLIA, JR, the grantee f or the renewal thereof- with any action or requirements of : ' , chase may be terim'. -the City in its exercise of such right to (c) (e) RDINANCE OF',;,, CITY OF Had ro its date , of ex iratton by te prior to re or hereafter en- or power, heretofore "br 1LU11AA`'PROVIDITHE PROVIDING FOR' THE the Council in the eve that acted' esta6listi ed- Section PERMITS AND AUTHOR. VTING 'OFF FRANCHISES FOR, "UNITY, ANTENNA TELEVI- ;said Council shall have found, after notice and public hearing,, -that (1) 8.: IZATIONS The grantee shall proceed .SYSTEMS IN,,,'THE CITY OF' ' "TERMS - th "'within ;the grantee has fail ed to comply' wi th' thirty (30) days with due dili- all necessary permits iLUMA; PROVIDING - CONDITIONS THE OPER -, any provision of this Ordinance, or omission ted any genre; "to obtain and authorizatlons which are required ,FOR. N OF SUCH 'COMMUNITY AN- has, by, act or viol `term or condition of any franchis^ in the conduct of its business, includ- dA TELEVISION SYSTEMS AND ,of permit'; issued under this Ordi• ing . utility.' -joint use attachment agree - meats; microwave carrier licenses THEREFOR. IT .ORDAINED:',BY THE COUN- nanee, or (b) any, provision of this Ordinance. has, become my lid or, nn f and to be granted by duly constituted regulatory agencies having jurisdie- OF 'THEE CITY ;OF ;PETALUMA; enforceable, and the CnnnOl ether ,tes that ;such constitu tionr over the operation of CATV A n_ on exclusive franchise ton OW inds provision w franchiseconsideration maters - to, the grant ; provided: however systems, s their associated micro wave transmission facilities. Further, nstruct operate an maintain a of that the grante sh 11 be given at the grantee shall commence the in- (90) days au. pity antenna television sys- in the City of Petaluma may least thirty (301 days' notice of any termination proceed- stalls tion within ninety subsequent to . the obtaining of all ranted by. the Cit Council to proposed ,rag the necessary permits and authorize- Lions, shall proc eed to render P ffer, ' Section S. FRANCHISE PAVMFvT and to subscribers within ninety to furnish and provide such to rni f u ni and pursuant the' Any grantee, granted a', framchise a .(ender this Ordinance sh ^11 nv to service (90), days following the commence- s and provisions of this Ordi- - the City, during the life of such e• meat of installation of the system. The of the instillation e• Mon 4: DEFINITIONS: For the' and M tliP times here after specified m n 'sn cilia ^l to (2 %) completion shall be pursued with reasonable dil• ose of this ordinance, the fol• a ranchlse, wo per cent of the monthly tot• igence" thereafter, so that service to fig terms, phrases, words and derivatives shall have the mean- gross receipts of the. grinter S �h a ingot by the gr intee to the City all areas designated on the map ac- companying the application for frail- here- given herein: " The City ;above named, stiall be "in lieu of anv "�cnn tine tax license tax' or similar lei v- nA chase„ as provided in Section 19 of,'shall be, provided within one year a municipal corporation of the California,, Its sh all d monthly or as directe u from the date the service was first, rovided. Failure to do any of the State of in pies eat incorporated form or in any The grantee' sh:.11 file w ith , the foregoing shall be grounds for ter later recognized, consolidated, enlarged or reinco form. City within thirty i3M dais fter the eaniration `of Eanv cal nd r;v r due- mination of franchise. - Section 9. LOCATION OF GRANT - GRANTEE': w The persons or corporations to hom or ,which ing,•which - s arh ,,fr�nehis ls' i„ f rce financial st teinent nren by EE'S ,PROPERTIES: '(a) Any poles, wires, cable lilies. 9, ; franchise Ordinance . ceeti£ led nublic �cconnt nt shn ,in^ I a,- condeits or other propert[es of the to be constructed or is e City Council granted by th and” the lawfull ,successor. or. as iii „detail ; the total gross rerPnntc defined 'herein oft'grantee, its sus eg grantee installed in streets, shall be so' signee of said persons +or cor sors or assigns di ring thy` prPcTilinn it shall be.tei duty'ofa constr'uctgd or installed only at such locations and in such man - porations. STREET". The. surface' of and calendar'year enantee to n v to. the City within ner as shall be approved by the the ,space ,above and below; any fifteen (15) d vs fte tlle:' time for Superintendent of Streets of the his public,' 'street, road, high t: °y. filling such statements. Inv nnp City acting in the exercise of 'freeway, lane, alley court. side walk; parkway, eatiement:' or balance for the c y r coin Bred by ,uch st t^ments In ny ve ^r. reasonable discretion. (b) The grantee shall not install or drive, now or'hereaft ii existing e , .f portion thereof.: epmnencme ❑1,h erect any facilities or apparatus property or rights - of- as such - within 'the: City- "COMMUNITY 'ANTENNA 'TEL the beglnniog of tli and ve f"!' ing the, effective d to of s id fr° n. ion public' way within the City, (except those EVISION 'SYSTEM" hereinafter; `CATV Co chase during which »wme� s 11 d ^• 'less, th ^n insta Public tied' or erected upon utility facilities now existing). referred to as xial es or other cables, wave guides, thi section amount to s (5100 00) One Hundre 1 Doll rs n ' r without writte n approval of the Director of Public Works_ of the conductors, and equinment for providing television service by' ,month. grintee ^green to n y th^ City the 'mintn i+n amount of (1100001 City. cable or through its f acnlittes as, 1%re__ contemplated CATV,. "shall trans 'Oti Hundred Dnl1`*rs per month The City shall .h ve the right �� (c) Iii tho areas and portions of the City where either the. trins- and distribution facilities //// if 11,T1 Nee n or include the not mea of any, 1 inspection of the„ g record ._ mission _ of the public utility ,providing f1 '• mission specs program or event in the .m Hoer :coin r eTintPe's showing its gross nts Section b LIMITATIONS OF FRAM telephone service,. or those of the � / utility 'providing service, fy 7 money known and referred to as " CHISE ,electric or hereafter •" pay television t ransmission "SUBSCRIBERS ;: Any person or' (a) Franchise granted under this Or are underground m• y be placed underground, then entity receiving' for ny purpose , the CATV service oUthe grantee dinance shall .be nonexclusive. (b) No ,privilege', br exemption s h ^ll the grantee shall likev is` con- $trust, operate and m apt ^in Il " Herein.. be grnnted';or conferred by, are' of its tr ^sriiission and distribu - n "GROSS ANNUAL RFCEi*>TC"; franchis „ granted under thls 0- dinance, except those specifically tihn facilities and ^rground. An- plifiers in grantee's tr�ns'-nission Any and all compeiisation ,the form of gross Ten and /or s r -; • Prescribed herein claimed'under sue?, and distribution lines m °v b in " 'boxes sending snits 1 vice receipts excluding installation charges, - received di= (c) Any privilege franchis , b the, rr ll Pe in ,) ?y dv,u concrete' or v nits upon thei s rf9r^ �f the rectly or, indirectly from sub- street. or o ther public` property shall be Snbordm tT',tn anv prior Sectioni0. REMOVAL �R ABK?innN- OF PROPERTY OF GRANTEE: scribers or users in payment for television; signals received within lawful occurs ?ncy of th^ streets nmjiNrty and" MENT I ',(a) In the event th ^t the ns-- of ^nv is dis- the4.City. Gross Annual Receipts„ sh ^il, or _other, public sh »ll be m confnim ith part of the CATV syste", enntinued for Inv r. ^san for n th. t fr o " CO s period of t s u c h tt21 r the event such sys- by the g iii ic ed directly o n an user or` p t (d) Any rsi ch ais�' nrliileg e to be h ld p erson' i months, o nr s h S h „To' o or gobs+^ any C sty St to or Stte or by itvya subscrIb nt other g e e ” d col - ^ r a trust by the origin,l g nt � 1 ed�n any street s st alled vi hoist comnlying with the iected:iby' he grantee for, such:' cannot in any 'event be Slid., transferred. !leasnd assigned 0 requirements of its franchis. or the franchise has been .- governmental unit.. etion 3. USES PERMITTED BY. disposed of in Whole or n i „art l n f d Tither' by orce"or hi"Ititlry ed, cancelled or h s expired, the grantee shall '*`romptly. iinnn he- NTEE' Any, nonexclusive frail, granted' pursuant to the prows= sale, 'of by voluntary s le mvr- ing given notice. remove from s of this Ordinance shall ?nthor- to ii•, gee. consolidaion nr nt> r` ^i5 without nnor` cons t of, th itv i the streets or, ,public 1^r< s ell such property and poles of s+ h and permit the grantee e in�'t&F business'of , operating and express d by resnlutinn i nd th ^s er dr sfich ran ttnns . system other n any ehleh th^ W °s Idliig a CATV system in thP;,Ci in for that :;purpose to erect m - only une , may be therein prescribed Th^ this City fn v not'I ai r Director of Pthablic tm permit `to be abandoned in s }irh construct, repair: replace re'- truct,maintain and: retain ;in.ron: said'consert�of be arbitrarily, r fuse is nr id >�. l r eace. In the event of any slech mov al the , grantee sh ^11 under, upon, .a6ross a aloiig; however the, proposed sSi' ^ ^^ 'r- promptly restore, the strePf. or public 'street or 'highway,, such - must 'show firiand .1 Itv and must agree to compl. other are?( from which such' prnn- has :been removed to„ a con- wires cable con ducts, luit vaults: manho es amplifiers, with all pnoyislp *iS of th S prda- d4urther th t e itton s�tlsf etory, to the Director I s lit and fiances, attacliineint other'„ )erty 'as may be "and' nance:'and prnvid no such consent sh Il be rennlr <. i f Pubtir' Wnr,4C: u Section *11. CHANGE REQUIRRD irtenant to fithe CATV : system; for a trans( r ;in trust morf g or other fiypothec tion s RY PUBLIC, iMROV..EMENTS: The shall. at its exnens nrntert. in addition, so, to use., . operate ".similar facilities or + hole: to s cure an indebtedness rantee Support tempos rily disconnect• r^- provide f 'ties rented or leased from a e (e) The grantee, gh 11 h.v p. o re- an insto- the locate in the' same street„ alley or fr i ^t th^ Ito utility franchised or permit- to utility business in the City. , course whatsoever City for any` ,loss cost: exnense public place. nr re+pn +'e s feet alley or public pl•!ce. t; . nny fie grantee `may make a charge. idbscribers connection to its or..damage, arising out oi'( ^n provisions or of thls property, of the grrntTe li ^p uired by ,.the* Dir -etor 4 Pubi`'n •V syste m and a fixed " monthly its eOt ,f Ordinance orreiiuiif-.ments nforcem df) The +;grantee subject to 'It Works by. reason of traffic; roods- bons; public safety, street v ;c Lion; -ge as filed and a roved as in, rovided: for transmission to In ,fin requirements of th City Or i, eewi » d Sir et rons n o of- 'television and' audio, ly nance rules• regulatio'n`s wad sae; str 0 establishment of Street. ee b `th`e'' pub- ram`s' fr y cifications of the Citv.:heretofo trade i llation of 'Sewers- strains. ° generally at' the same.N from or hereafter, .enact d or est.b- water pipes. owe' lines sl hal lines. _ g IIarly licensed stations. ,,NO,ch'arge be made; to subscribers: "for_ any lished,,iiiciuding,'bitt not limited to, those. concerntng street' -work t rac ts or any'" other tv»e of nd rac . . Structuresi or imorovi ments by gov- b .transmissions "directe to thenit c) peimisstim of, license ; given street excavations., (use remov ^1 relocation' of roperty within ,ernmen`tal agen`des when, :acting in a ernmen0l or proprietary " carrlt- i is ro erty without enter, p rivate p roperty" a, sir oTO other stiaict or mehla; f any , s; express consent of the owner or S 7t RIGHTS RESERVED imp rovem eut provided however, agent dn, possession thereof: THE CITY: There, is hereby',reserved .t.he grantee shall in all cases have " action 4. DURATION OF FRAN -, to 'the City every right ^and "power , the privileges and lie subject to the years from the date such begins, the subscribers wt obligations to abandon any "p of the grantee in place, as p in Section 10 hereof., Section 12. FAILURE TO: PE STREET WORK: Upon failure grantee to coinpl 'etc any w( quired by law or 'by the pre ($50,000.000). Fifty Thousand Dot- (c)The rate schedule, for any.service leis -For damage to property re• agreement or increase thereto to salting from any one' occurrence. subscribers must :have written ap- m (b) The` policies entioned An'I ithe provill of the City. foregoing paragraph shall name (d) In the event the, Public Utilities .� _ , •., •� . r�,^ , ,� Commission of the State of Call- of this Ordinance to be done in any notice of any cancellation or -re - VZ pie I..g., ­•V eu •• ••., street; within the time prescribed,.. duction in coverage of said policy of the City to approve rates and and to the satisfaction of the Direc- shall be delivered to the City: charges shall cease. for of Public Works, the Director of ten days in advance of the effec- ° Section `19. APPLICATION FOR Public Works may cause •such work' tive date thereof; if such Insitr• FR °ANCHISEi to be'done and the grantee shall pay, ance is provided In either case" by (a) Application for a franchise here- to the City the cost ,thereof in the a policy which also,covers grantee under shall be filed ;with the City itemized amounts reported by the or a_ny other entity or person Clerk'in a form approved by the Director of Public Works to the than those above named. then City and shall con_t;ain the follow- grantee within thirty - (30) days after such policy _shall ,contain the Ing informatfo "n:. receipt of such itemized report. standard cross - liability endorse- 1. The name and address of appli- Section 13. CATV INSTALLATION ment. cant., SHIELDING: The grantee shall at all (c) No 2 ; franchise granted under this A_ general description of appli- times; during the term of any frgn'= Ordinance shall be effective uri cants proposed CATV opera - chise. granted. under 'this Ordinance less' and u_ Titil'' "each, of the fore _ ., -tion, including map of" areas to at its own cost and, expense, properly' oin insurance as re= be served. delivered .toss s ection have been 3. A 'statement or schedule- in a s .- I n , i fi ltering maintains 6b k at shield-` R iAND3RECORe City: approved by the City of form _ ' � quire po isles: instal mg, filterfiig, and grounding at af, 16. INSPECTION OF PROP - propose . rates and .charges. to ected installations NOthin the CATV E DS: At all reason- subscribers for installation and s to eliminate television 'idnter- ,able times, the, grantee. shall per. it services, and a copy of pro - ference encountered ',fro ! n fund.imen - 'any duly authorized representative posed service agreement be- tal frequ ;load by radio aina- - - of the, City to examine all property tween the grantee and its sub - teur trsmissions which a ti bi coin= g grantee any, scribers shall accompany the M ppurte property of , the pliance with Ee'deral! °Coiiimunications „a nant rantee application. For unusual. circum- Commission ,regul .s tuated within 'or without the City, stances, such as undeground Section 14, FAITHFUL PERFOR and to examine and transcribe any cable! required, or more than ANCE BOND: and all maps and other records ,kent 150 feet of distance from cable (a) ':The grantee _sll ^ll, eOTICUrr�ntiv or maintained by the gra/ltee pr'�li n_ to connection of service to sub - with the fili of and acceiitance der its control.-Which deal' ith the scribers; an additional installa- ti ng of award of any franchise grant- operations, ,affairs, transactions'' or tion charge over that normally ed under this Ordinanee. file with nroperty rof grantee with resneltr charged' for installation _aSL 'spe- the City Clerk, and at all times thereto. The grantee shall. at all cified in the applicant's thereafter 'maintain in full full times, 'make, and keep in the Citv al may be charged ; with ease - force and effect for the term of full "and complete nl^ns =nd. rPonr"Ts ments to be supplied `by sub - such franchise, at gn,nte--'s: sole showing the exact ,location of all scribers:. For remote, relativ lv expense, a corporate surety bond CATV system equipment installed ­ inaccessible subscribers within .in a company approved by, and in use in streets, alleys and public the 'City; service will be made in °,7a, form, to be _approved by., the ,places in the City. The- grantee sh ^11 availabiw on, the basis of cost. of City Attorney, in the amount of file. with the Director of 'p materials,, labor, and easements -" ($5,000.00): -Five Thousand Doilsrs, Works, on. or before :the'1 day in If required. renewable annually and "ndi- March• of each .year,' a current •m ^n 4. A statement of the corpor -te n ' tinned upon the faithful pert "grantee, tills a onorin• or set of maps dr ,vn to sc ^le to organization of applicant. in- mice of the be designated by by the. Director of eluding the names and address- further condition tb -t. the Public Works. showins all CATV w s- es of its officers, directors and Ply with any one shall ail of the instelled in streets, associates, and also including event grantee shall fail i, c 'tm, tem equipment and. public places of the City -the names of siibsidiary com- provisions of this Ordinance. �ir during , "tfi'e previous year: panics' with a listing of other.,,. of any franchise issued to the S i 7C OPERATIONAL ST AND. d areas being served by CATV!: grantee hereunder, there shall A The system shall he in- syste_ of similar systems. be recoverable jointly; d an sever- stalled ,'and, mantas ace 5 �A statement setting forth ; ally from theprincu')A and surety with the'`hiehe -t and best accepted agreements and understandings: of, such' bond any d. o' loss standards' of" "the industry to, the whether written, oral or I-- suffered by the City as a resilt,'effect 'fiat subscribers shall receive plied, existing between the ap- thereof, including the full amo mt the highest possible service`. In deter - pHeant and any person. firm, &f any compens in m gemfica mining the satisfactory ext nt of group or corporation with re- tion, or cost of rem6v or `b n• such standards, the 'following mill spect to the franchise and the donment of any property of the - apply: proposed oper ^tions. grantee- as prescribed, hereby (a) The system shall be installed 6. Applicant shall also furnish a which may be; in default, ,plus a using' all band ,equipment capable financial statement as to the reasonable allowance for 'attar- of .passing 'the entire VHF and company's or corporatino's fi- ney's fees and casts. u1) to the FM spectrum, and it shall "have nnncisl ability to complete in- full amount of 'the li ri s the further, capability. of, convert- stallation and operation of the condition to be a continuing obli, Ing UHF "for'distHbuflon to sub- CATV system. gation for the d of sack "scribers on the. VHF 'band (b) Upon ,considerat of anv s'ieh feanehise and Hier 1ft ^.r until: (b) The_ system, as mstnlled, shall be application, the City Conn ^il "ln - v the grantee, has linuidated ell of capable of : passing standard color grant a franchise for CATV to its obligations �vlth thF Cite th ^t' TV -signals without the "introdnc - such annl_icart as may anve ^r may have: arised'fro^i the accent- lion of noticeable m on color fro• said application to b-; In its an of said franchise by the fidelity and intelligence. opinion best nii- lified t^ render grantee"' or` front `its excises^ :of' (c) The system and all enuipment proper and Pfficien (;N s ^r­ +u any,privilegeathe'rei� granta9 Tfie shall be .designed and rated for ice' to television viewers and siib- bond, shall provide that thirt�- t ?0) 24 -hour= per -day ;continuous, opera • scribers in the City. T ^ Co" "- days' prior written notice of in- lion. cil s decision in the selection will tention not to mne eaneella -, (d) The system signal -to -noise r?tio be final. tion, or material change, be given shall : be.not,less , than. 4 6 decibels (c) Any, fr.nnchise iss,iPq nn rG•! 1)t t to: the 'City. (e) Hum 'modulation of picture signal' this Ordinance shall include the (b) Neither the Drovisions .n!'' Isis, shall tie iless'.than 5 %: followine conditions: section, any bond _ccenfed by (f) :system shall use components "The CATV system b -rein :fr ^-- the City pursuant thereto. nor having VSWR of 1.4 Or less. chised shall be s A and nacr 1 any 'damages recover d by the. (g) 1) The ; master antenna to be, iii- solely and excinsively for the City thereunder, 'sh ll h'� con- stalled for the" CATV system shall purpose expressly anthor,i7e 1 by leer- be, located ,at ' a point. wh re the Ordinance of the City of Petaln- form nce the grnnt —! of °' li� iii signal "'strength of the TV sta- rna and no other purpose what - the liability, of the grantee under tions to, be__ received, sb^ll be not soever." any Franchise issPPd her�unger less than five hundred (504) micro- The inclusion of the frree ^i "or' for damn es e' ' " - h french s. ether to the+ (till volts per meter -for lbw-bind statement in any suc amount of'thcr b ^n l or e +, r, , ise. channels (2 through. '6) and not shall not be deeme to limit the Section 15. INDEMNIF,ICATION.`OF less 'than eight hundred (600) my authority of the Cite to THE CITY: crovolts per meter for hlgh -band any other reasonable cond,tin­. (a),The grantee shall. at all times channels' (7 through 13) for at limitation or restriction which it ti duiing the .existence of any fr m an- least fifty per cent (50 %) "of the ay deem neeessary to impnc ;n chise•issued hereunder. mint -in time at a receiving antenna connection with sue' franchise iri'full? and effect: f height of thirty (30) feet above pursuant to the authority con - to the City and file ' -ith the ground Each. CATV sub scrib ^r ferred by this nrdinanre. Council of the City of Pet shall receive a minimum sia.i^l Section' 20. P,FRECTTVE. DAT ",. r i at its own cost .and expens a strength of two thousand (201)0). Ordinance shall become effective general comprehensive. li ^bility microvolts as measured at the thirty days from and after its adoo- insurance policy, in protection of antenna terminals 'of the televl- tion. - the City of, Petaluma, its officers, Mori set: Methods of measure- Seetion,21. PUBLICATION: The City boards; commissions. agent's and, Ing above standards. where neces- Clerk be -,and she is herPbv directed employees, .in' -- company ap -: sary, will tie established by the to publish this Ordinance i^ ti proved by the City Manaye'r ^1)d;' City. Petaluma Areiis -C1) rier the offiei ^ in a form satisfactory to tile City Section 18. MISCELLANEOUS PRO- aiewspaper o the City, for the period Attorney, •protecting the Cif 'v 1)d; VISIONS:, and in tanner required by the .all persons against liability far` ,(a) All matters, herein provided to ' he City Charter. loss or damage for personal in- be filed with the City' shall be Ordered nublished this 5th day of 'jury, death, and property dam'- filed with the City Clerk.„ October. 1964. .age, occasioned by the operations (b) If "grantee should fail to operate AYES: COUNCILM>N RATT4rLIA, of grantee, under such fr:�nchik, its' system for a period 'of two' BR.AINERD. CAVANArH JR., within the minimum liability ;lim• paid installation charges shall, be ELLIS. CANS, AND MAYOR As of ($300.000.00) Three .Hundred entitled to a refund of the instal' VAN BEBBF,R. Thousand. Dollars for personal in- lation charges aess 1/24th of each NOES: COUNCILMAN COLIN. jjiiry or death of any one person charge for each month elapsing ABSENT: NONE. and ($500:000:00) Five Hundred from the time sef -One s first NORMAN T'. VAN BEBBER Thousand Dollars for personal In- started to that snbsrrih •r ^1)q M ^vor ;jury or death of two or more per - during which time service was Attest: LILT•T >N NOMMSEN sons in any one occurrence, and available to him. City Clerk. I hereby certify that the within ordinance was published in once in the Petaluma Argus- Courier, a daily paper of general `ulation, published within the City of Petaluma, to -wit: ©c�t%Ier 8 1964, and that the said Petaluma Argus- Courier is the " off °i :,al newspaper of the City of Petaluma. I hereby certify that the whole number of members of the. Council of the City of Petaluma is seven,'and that the foregoing ordinance was passed by the Council at its meeting of the 19th day of October, 1.964, by the following vote,,-to-wit: AYES: COUNCILMEN BATTAGLIA, BRAINERD, CAVANAGH, JR.,- ELLIS, GANS AND MAYOR VAN BEBBER NOES: COUNCILMAN COLIN. ABSENT: NONE. ATTEST' J 7-V� CITY, C ERK (SEAL) The foregoing Ordinance Number -757 New ;Charter Series, having been regularly passed and presented to me'this 19th day of October, 1964, is hereby approved. by me this 19th day of 'October 196 °4. Effective date -November 18, 1964. Mayor 1 4r 1