Ordinance - 1039ORDINANCE NO. 1039
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA ADDING CHAPTER 9 TO ARTICLE VI OF
THE WEST COVINA MUNICIPAL CODE PROVIDING FOR THE
GRANTING.OF FRANCHISES FOR COMMUNITY ANTENNA
TELEVISION SYSTEMS; PROVIDING TERMS AND CONDITIONS
FOR THE OPERATION OF SUCH COMMUNITY ANTENNA TELEVISION
SYSTEMS AND PRESCRIBING FEES THEREFOR.
The City Council of the City of West Covina does ordain as
follows :
SECTION 1. Chapter 9 is added to Article VI of the West
Covina Municipal Code to read:
"CHAPTER 9 - FRANCHISES
PART 1 - COMMUNITY ANTENNA TELEVISION SYSTEMS
6900. DEFINITIONS.
As used in this Part, the following terms, phrases, words
and abbreviations mean:
(a) 'Franchise' includes any authorization granted pur-
suant to this Part in terms of a franchise, privilege, permit,
license or otherwise to construct, operate and maintain a
community antenna television system in the City. Any authori-
zation 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 Chapter 2 of this Part.
(b) 'Community Antenna Television System' is a system of
antenna, coaxial cables, wires, wave guides, or other conductors,
equipment or facilities designed, constructed or used for the
purpose of providing television or FM radio service by cable or
through its facilities as herein contemplated. Community Antenna
Television System shall not mean or include the transmission of
any special program or event for which a separate and distinct
charge is made to the subscriber in the manner commonly known and
referred to as 'pay television'.
(c) 'CATV' means a community antenna television system.
(d) 'Grantee' is the person to whom a franchise is granted
under this Part and the lawful successor, transferee or assignee
of that person.
(e) 'Property of grantee' is 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.
(f)' 'Subscriber' means any person receiving the CATV
service of a grantee.
(g) 'Gross Annual Receipts' means any and all compensation
and other consideration in any form whatever and any contributing
grant or subsidy received directly or indirectly by a grantee
from subscribers or users in payment for television 60FM radio
signals or service received within the City. ?°/?
Gross Annual Receipts shall not include any taxes on services
furnished by the grantee and imposed directly on any subscriber
or user by any city, state or other governmental unit and col-
lected by the grantee for such governmental unit.
69o1. USE OF TELEPHONE FACILITIES.
If the grantee of any franchise uses CATV system dis-
tribution channels furnished to the grantee by a telephone
company pursuant to tariff on file with the Public Utilities
Commission of the State of California and said grantee makes
no use of the streets independent of such telephone company fur-
nished 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 "licensee". No provision of this ordinance shall
be deemed or construed as requiring the granting of a franchise
hereunder to a telephone company furnishing such a channel service.
6902. FRANCHISE TO OPERATE.
A non-exclusive franchise to construct, operate and main-
tain a CATV system within all or any portion of the City may be
granted by the Council to any person, whether operating under an
existing franchise or not, who offers to furnish and provide
such system under and pursuant to this Part.
Nothing in this Part shall require the granting of a
franchise when in the opinion of the Council it is in the pub-
lic interest to restrict the number of grantees to one or more.
. 6903. USES PERMITTED BY GRANTEE.
Any franchise granted pursuant to this Part 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 re-
tain in, on, over, under, upon, across and along any public street,
such poles, wires, cable, conductors, ducts, conduit, vaults, man-
holes, amplifiers, appliances, attachments, and other property as
may be necessary and appurtenant to the CATV facilities or pro-
perties rented or leased from other persons, including but not
limited to any public utility or other grantee franchised or per-
mitted to do business in the City; provided, however, that no
poles may be erected or maintained in any public highway in which
there then exists or is being erected a pole line of any public
or private corporation or person engaged in service to the public
as an electric or telephone public utility and which pole line is
reasonably available to the grantee for use pursuant to a Pole
Contract Rental Agreement.
No franchise granted hereunder shall be construed as a
franchise, permit or license to transmit any special program or
event for which a separate and distinct charge is made to the
subscriber 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 a coin box or any other
device or means for collection of money for individual programs.
iThe grantee may make a charge,to subscribers for instal-
lation 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 grantee's application, may be made with-
out the prior approval of the Council expressed by resolution.
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69o4. DURATION OF FRANCHISE.
• No franchise granted by the Council under this part shall
be for a term longer than ten years following the date of accept-
ance of such franchise by the grantee or the renewal thereof.
Any such franchise may be terminated prior to its date of
expiration by the Council if the Council finds, after thirty days'
notice of any proposed termination and public hearing, that:
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(a) the grantee has failed to comply with any provision
of this Part, or has, by act or omission, violated any term or
condition of any franchise or permit issued hereunder; or
(b) any provision of this Part has become invalid or
unenforceable and the Council -,.further finds that such provision
• constitutes a consideration material to the grant of said fran-
chise; or
(c) the City acquires the CATV system property of the
grantee.
6905. FRANCHISE PAYMENTS.
Any grantee shall pay to the City, during the life of the
franchise, a sum equal to three percent of the gross annual
receipts of the grantee. Such payment by the grantee to the
City shall be made annually, or as otherwise provided in the
grantee's franchise, by delivery of the same to the City Con-
troller.
The grantee shall file with the City, within thirty days
after the expiration of any calendar year or portion thereof
during which such franchise is in force, a financial statement
prepared by a certified public accountant, or person otherwise
satisfactory to the Council, showing in detail the gross annual
receipts, as defined herein, of grantee during the preceding
calendar year or portion thereof. It shall be the duty of the
grantee to pay to the City, within ten days after the time for
• filing such statements, the sum hereinabove prescribed or any
unpaid balance thereof for the calendar year or portion thereof
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 Eighteen Hundred Dollars per
year, grantee shall pay the City as a minimum an amount equal
to Eighteen Hundred Dollars per year.
The City shall have the right to inspect the grantee's
records showing the gross receipts from which its franchise
payments are computed.and the right of audit and recomputation
of any and all amounts paid under this Part. 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 Part 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 compen-
sation and damages, of not less than one hundred percent of its
total gross profits during said period.
6906. LIMITATIONS OF FRANCHISE.
• (a) Any franchise granted under this Part shall be non-
exclusive.
(b) No privilege or exemption shall be granted or conferred
by any such franchise 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 I subordinate
to any prior lawful occupancy of the streets or other public
property.
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(d) Any such franchise shall be a privilege to be held
in personal trust by the original grantee. It cannot 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 the prior consent
• of the Council expressed by resolution, and then only under such
conditions as may be therein prescribed. Any such transfer or
assignment shall be made only by an instrument in writing, a
duly executed copy of which shall be filed in the office of the.
City Clerk within thirty days after any such transfer or assign-
ment. The said consent of the Council may not*be arbitrarily
refused; provided, however, the proposed assignee must show
financial responsibility and must agree to comply with all
provisions of this Part. No such consent shall be required for
a transfer in trust, mortgage or other hypothecation as a whole,
to secure an indebtedness.
(e) Time is of the essence of any franchise granted here-
under. The grantee shall not be relieved of his obligation to
comply promptly with any of the provisions of this Part or by
any failure of the City to enforce prompt compliance.
(f) Any right or power in, or duty imposed upon, any
officer, employee, department, or board of the City shall be
subject to transfer by the City to any other officer, employee,
department, .or board of the City.
(g) The 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 Part or of any franchise
issued hereunder or because of its enforcement.
(h) The grantee shall be subject to all requirements of
City ordinances, rules, regulations and specifications heretofore
or hereafter enacted or established.
(i) Any such franchise granted shall not relieve the
grantee of any obligation involved in obtaining pole space from
any department of the City, utility company, or from others
maintaining poles in streets.
(j) Any franchise granted hereunder shall be in lieu of any
and all other rights, privileges, powers, immunities, and authorities
owned, possessed, controlled, or.exercisable by grantee, or any
successor to any interest of grantee, of or pertaining to the
construction, operation, or maintenance of any CATV system in
the City; and the acceptance of any franchise hereunder shall
operate, as between grantee and the City, as an abandonment of
any and all of such rights, privileges, powers, immunities, and
authorities within the City, to the effect that, as between
grantee and the City, any and all construction, operation and
maintenance by any grantee of any CATV system in the City shall
be, and shall be deemed and construed in all instances and
respects to be, under and pursuant to said franchise, and not
under or pursuant to any other right, privilege, power, immunity,
or authority whatsoever.
6907. RIGHTS RESERVED TO THE CITY.
(a) Nothing herein shall impair or affect, in any way, to
any extent, the right of the City 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 contained 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.
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(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, fran-
chise to any other person within all or any portion of the City.
(d) There is hereby reserved to the City the power to amend
this Part to require additional or greater standards of con-
struction, operation, maintenance or otherwise, on the part of
the grantee.
(e) Neither the granting of any franchise nor any pro-
vision 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 Part
and may determine any question of fact which may arise during
the existence of any franchise granted hereunder. The City
Manager may adjust, settle, or compromise any controversy or
charge arising from the operations of any grantee under this
Part, either on behalf of the City, the grantee, or any sub-
scriber, in the best interest of the public. Either the grantee
or any member of the public who may be dissatisfied with the
decision of the City Manager may appeal the matter to the Council
for hearing and determination. The Council may accept, reject
or modify the decision of the City Manager, and the Council may
adjust, settle or compromise any controversy or cancel any
charge arising from the operations of any grantee or from any
provision of this Part.
69o8. PERMITS, INSTALLATION AND SERVICE.
(a) Within forty days after acceptance of any franchise
the grantee shall proceed with due diligence to obtain all neces-
sary permits and authorizations which are required in the conduct
of its business, including, but not limited to, any utility joint
use attachment agreements, microwave carrier licenses, and any
other permits, licenses and authorizations to be granted by duly
constituted regulatory agencies having jurisdiction over the
operation of CATV systems, or their associated microwave trans-
mission facilities.
(b) Within ninety days after obtaining all necessary
permits, licenses and authorizations, grantee shall commence
construction and installation of the CATV system.
(a) Within ninety days after the commencement of con-
struction 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, so that service to all areas designated on
the map accompanying the application for franchise, shall be
provided within one year from the date that service was first
provided.
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(d) Failure of the grantee to commence and diligently pur-
sue each of the foregoing requirements and to complete each of the
matters set forth herein, shall be grounds for termination of such
franchise, under and pursuant to Section 6904; provided, however,
that the Council in its discretion may extend the time for the com-
mencement and completion of construction and installation for ad-
ditional periods in the event the grantee, acting in good faith,
• experiences delays by reason of circumstances beyond his control.
69o9. LOCATION OF PROPERTY OF GRANTEE.
(a) Any poles, wires, cable lines, conduits or other pro-
perties 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 City Engineer acting
in the exercise of his reasonable discretion and in conformance
with Chapter 5 of Article VII of this Code.
(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 area 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 City Engineer.
(c) In those areas and portions of the City where the trans-
mission or distribution facilities of the public utility providing
telephone service or those of the utility providing electric service
are placed underground, and the grantee maintains his facilities on
. the poles of such utility, then the grantee shall likewise construct,
operate and maintain all of its transmission and distribution facil-
ities underground. Amplifiers in grantee's transmission and dis-
tribution lines may be in appropriate housings upon the surface of
the ground as approved by the City Engineer.
691o. REMOVAL AND ABANDONMENT OF PROPERTY OF GRANTEE.
(a) If the use of any part of the CATV system is discon-
tinued for any reason for a continuous period of six months, or if
such system or property has been installed in any street or public
place without complying with the requirements of grantee's franchise
or this Part, or the franchise has been terminated, cancelled or
has exired, the grantee shall promptly, upon being given thirty
days' notice, remove from the streets or public places all such
property and poles of such system other than any which the City
Engineer may permit to be abandoned in place. In the event of
such removal, the grantee shall promptly restore the street or
other area from which such property has been removed to a con-
dition satisfactory to the City Engineer.
(b) Any property of the grantee remaining in place sixty
days after the termination or expiration of the franchise shall
be considered permanently abandoned. The City Engineer may extend
such time not to exceed an additional thirty days.
(c) Subject to the provisions of any utility joint use
• attachment agreement any property of the grantee to be abandoned
in place shall be abandoned in such manner as the City Engineer
shall prescribe. Upon permanent abandonment of the property of
the grantee in place, the property shall become that of the City,
and the grantee shall submit to the City Manager an instrument in
writing, to be approved by the City Attorney, transferring to the
City the ownership of such property.
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691l. CHANGES REQUIRED BY PUBLIC IMPROVEMENTS.
The grantee shall, at its 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 City Engineer
by reason of traffic conditions, public safety, street vacation,
freeway and street construction, change or establishment of street
grade, installation of sewers, drains, water pipes, power lines,
signal lines, and tracks or any other type of structures or
improvements by public agencies; provided, however, that the
grantee shall in all such cases have the privileges and be subject
to the obligations to abandon any property of the grantee in place,
as provided in Section 6910 hereof.
6912. FAILURE TO PERFORM STREET WORK.
Upon failure of the grantee to commence, pursue, or com-
plete any work required by law or by the provisions of this Part
or by its franchise to be done in any street or other public
place, within the time prescribed, and to the satisfaction of the
City Engineer, the City Engineer may, at his option, cause such
work to be done and the grantee shall pay to the City the cost
thereof in the itemized amounts reported by the Controller to the
grantee within twenty days after receipt of such itemized report.
6913. FAITHFUL PERFORMANCE BOND.
(a) The grantee shall, concurrently with the filing of and
acceptance of award of any franchise, file with the City Clerk,
• 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 Fifty Thousand
Dollars, renewable annually, and conditioned upon the faithful
performance of grantee, and upon the further condition that in
the event grantee shall fail to comply with any one or more of the
provisions of this Part, or of any franchise issued to.the grantee
hereunder, there shall be recoverable jointly and severally from
the principal and surety of such bond any damages or loss suffered
by the City as a result thereof, including the full amount of any
compensation, indemnification, or cost of removal or abandonment
of any property of the grantee as prescribed hereby which may be
in default, plus a reasonable allowance for attorney's fees and
costs, up to the full amount of the bond; said condition to be a
continuing obligation for the duration of such franchise and any
renewal thereof and thereafter until the grantee has liquidated
all of its obligations with the City that may have arisen from
the acceptance of said franchise or renewal by the grantee or from
its exercise of any privilege therein granted. The bond shall
provide that thirty days' prior written notice of intention not
to renew, cancellation, or material change, be given to the City.
(b) Neither the provisions of this Section, nor any bond
accepted by the City pursuant hereto, nor any damages recovered by
the City thereunder, shall be construed to excuse faithful per-
formance by 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.
6914. INDEMNIFICATION OF CITY.
(a) The grantee shall, concurrently with the filing of an
acceptance of award of franchise, furnish to the City and file
with the City Clerk, and at all times during the existence of
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the franchise, maintain in full force and effect, at its own cost
and expense, a liability insurance policy in the amount of at
least One Hundred Thousand Dollars in a company approved by the
City Manager and in a form satisfactory to the City Attorney,
indemnifying and saving harmless the City, its officers and
employees from and against any and all claims, demands, actions,
• suits, and proceedings by others, against all liability to others,
including but not limited to any liability for damages by reason
of or arising out of any failure by the grantee to secure con-
sents 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 or enjoy-
ment of its franchise, irrespective of the amount of the compre-
hensive liability insurance policy required hereunder.
(b) The grantee shall, concurrently with the filing of an
acceptance of award of the franchise, furnish to the City and file
with the City Clerk, and at all times during the existence of
the franchise, maintain in full force and effect, at its own cost
and expense, a general comprehensive liability insurance policy,
in protection of the City, its officers, boards, commissions,
agents and employees, in a company approved by the City Manager
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 grantee under such franchise, with minimum liability
limits of Five Hundred Thousand Dollars for personal injury or
death of any one person and One Million Dollars for personal
injury or death of two or more persons in any one occurrence, and
One Hundred Thousand Dollars for damage to property resulting
from any one occurrence.
(a) The policies mentioned in the foregoing paragraph
shall name the City, its officers, boards, commissions, agents
and employees, as additional insured and shall contain a provision
that a written notice of cancellation or reduction in coverage
of said policy shall be delivered to the City thirty days in
advance of the effective date thereof; if such insurance is pro-
vided 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.
6915. INSPECTION OF PROPERTY AND RECORDS.
(a) 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 kept or maintained by
the grantee or under its control which deal with the operations,
affairs, transactions or property of the grantee with respect to
its franchise. If any such maps or records are not kept in the
City, or upon reasonable request made available in the City, and
if the Council shall determine that an examination thereof is
necessary or appropriate, then all travel and maintenance expense
necessarily incurred in making such examination shall be paid by
the grantee.
(b) The grantee shall prepare and furnish to the City
Engineer and the Controller at the.times and in the form pres-
cribed by either of said officers, such reports with respect to
its operations, affairs, transactions or property, as may be
reasonably necessary or appropriate to the performance of any of
the rights, functions or duties of the City or any of its officers
in connection with the franchise.
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(c) The grantee shall at all times make and keep in the
City full and complete plans and records showing the exact location
of all CATV system equipment installed or in use in streets and
other public places in the City.
• (d) The grantee shall file with the City Engineer, on or
before the last day in September 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 public places of the
City.
6916. OPERATIONAL STANDARDS.
The CATV system shall be installed and maintained in
accordance with the highest and best accepted standards of the
industry. In determining the satisfactory extent of such
standards the following among others shall be considered:
(a) That the system be installed using all band equipment
capable of passing the entire 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 installed, be capable of passing
standard color TV signals without the introduction of material
degradation on color fidelity and intelligence.
(c) That the system and all equipment be designed and rated
for 24-hour per day continuous operation.
(d) That the system provides a nominal signal level of
2b00 microvolts at the input terminals of each TV receiver.
(e) That the system signal-to-noise ratio is not less
than 40 decibels.
(f) That hum modulation of the picture signal is less
than 5%.
(g) That the system use components having a VSWR of 1.4
or less.
691T. MISCELLANEOUS PROVISIONS.
(a) The grantee shall pay to the City a sum of money suf-
ficient to reimburse it for all publication expenses incurred by
it in connection with the granting of a franchise pursuant to the
provisions of this Part. Such payment shall be made within twenty
days after the City furnishes the grantee with a written statement
of such expenses.
(b) The grantee shall maintain an office within the City
limits or at a location which subscribers may call without incur-
ring added message or toll charges so that CATV maintenance service
shall be promptly available to subscribers.
• (c) No person in the existing service area of the grantee
shall be arbitrarily refused service; provided, however, that the
grantee shall not be required to provide service to any subscriber
who does not pay the applicable connection fee or monthly service
charge.
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6918. USE OF UTILITY POLES AND FACILITIES: AGREEMENT.
When any portion of the CATV system is to be installed on
public utility poles and facilities, certified copies of the
agreements for such joint use of poles and facilities shall be
filed with the City Engineer.
6919. APPLICATION FOR FRANCHISE.
(a) Application for a franchise hereunder shall be in
writing, shall be filed with the City Clerk, and shall contain
the following information:
(1) The name and address of the applicant. If the
applicant is a partnership, the name and address of each
partner shall also be set forth. If the applicant is a
corporation, the application shall also state the names
and addresses of its directors, main offices, major stock-
holders and associates, and the names and addresses of
parent and subsidiary companies.
(2) A 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 construct, install, maintain and
operate the same; and, particularly, the extent and manner
in which existing or future poles or other facilities of
telephone public utilities will be used for such system.
(3) A description, in detail, of the public streets,
public places and proposed public streets within which
applicant proposes or seeks authority to construct, install
or maintain any CATV equipment or facilities; a detailed
description of the equipment or facilities proposed to be
constructed, installed or maintained therein; and the
proposed location thereof.
(4) 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.
(5) A statement or schedule in a form approved by the
City Manager of 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. If the distance from
cable to connection of service to subscribers is more than
two hundred feet, 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.
(6) 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 pole, lines
or conduits.
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(7) A statement setting forth all agreements and
understandings, whether written, oral or implied, existing
between the applicant and any person, firm or corporation
with respect to the proposed franchise or the proposed
CATV operation. If a franchise is granted to a person,
firm or corporation posing as a front or as the repre-
sentative of another person, firm or corporation, and such
information is not disclosed in the original application,
such franchise shall be deemed void and of no force and
effect whatsoever.
(8) A financial statement prepared by a certified
public accountant, or person otherwise satisfactory to
the Council, showing applicant's financial status and his
financial ability to complete the construction and instal-
lation of the proposed CATV system.
(9) 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.
(b) 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 appli-
cation submitted shall constitute and form part of the franchise
as granted.
(a) Any franchise granted pursuant to this Part shall
include the following condition:
'The CATV system herein franchised shall be used and
operated solely and exclusively for the purpose expressly
authorized by the franchise and 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 in
any other reasonable condition, limitation or restriction which it
may deem necessary to impose in connection with such franchise
pursuant to the authority conferred by this Part.
6920. FRANCHISE RENEWAL.
Any franchise granted under this Part is renewable at the
application of the grantee, in the same manner and upon the same
terms and conditions as required herein for obtaining the original
franchise, except those which are by their terms expressly inappli-
cable; provided, however, that the Council may at its option waive
compliance with any or all of the requirements of Section 6919.
6921. ACCEPTANCE AND EFFECTIVE DATE OF FRANCHISE.
• (a) No franchise shall become effective unless and until
the ordinance granting same has become effective and, in addition,
unless and until all things required in this Section and Sections
6913 and 6914 hereof are done and completed, all of such things
being hereby declared to be conditions precedent to the effective-
ness of any such franchise granted hereunder. In the event any
of such things are not done and completed in the time and manner
required, the Council may declare the franchise null and void.
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(b) Within ten days after the effective date of the ordi-
nance awarding a franchise, or within such extended period of time
as the Council in its discretion may authorize, the grantee shall
file with the City Clerk his written acceptance, in form satis-
factory to the City Attorney, of the franchise, together with the
bond and insurance policies required by Sections 6913 and 6914
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 Part and the franchise. Such acceptance and agreement
shall be acknowledged by the grantee before a notary public, and
shall in form and content be satisfactory to and approved by the
City Attorney.
6922. VIOLATIONS.
(a) It shall be unlawful for any person to establish,
operate or to carry on the business of distributing to any persons
in this City any television signals or radio signals by means of
a CATV system unless a franchise therefor has first been obtained
pursuant to the provisions of this Part, and unless such franchise
is in full force and effect.
(b) It shall be unlawful for any person to construct,
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
is designated or delineated as a proposed public street on any
tentative subdivision map approved by the City, any equipment or
facilities for distributing any 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 Part, and unless such franchise is in
full force and effect.
(c) It shall be unlawful for any person to make any
unathorized connection, whether physically, electrically, acousti-
cally, inductively or otherwise, with any part of a franchised
CATV system within this City for the purpose of taking or receiving
television signals, radio signals, pictures, programs, or sound.
(d) It shall be unlawful for any person to make any
unauthorized connection, whether physically, electrically,
acoustically, inductively or otherwise, with any part of a
franchised 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.
(e) It shall be unlawful for any person, without the con-
sent of the owner, to wilfully tamper with, remove or injure any
cables, wires or equipment used for distribution of television
signals, radio signals, pictures, programs or sound.*
SECTION 2. This ordinance shall become effective thirty
days from and after its passage.
SECTION 3. The Mayor shall sign this ordinance
40 City Clerk shall attest and certify to the passage, adoption
cation thereof, and shall cause the same to be published once
fifteen days after its passage.
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and the
and publi-
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Adopted, signed and approved this 13th day of May
1968.
Mayor
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS.
CITY OF WEST COVINA
I, LELA W. PRESTON, City Clerk of the City of West Covina,
do hereby certify that the foregoing Ordinance No.1039 was regularly
introduced and placed upon its first reading at a regular meeting of
the City Council on the 22nd day of April , 1968. That, there-
after, said ordinance wasduly adopted and passed at a regular meeting
of the City Council on the 13th day of May_ , 19682 by the
following vote, to wit:
AYES: Councilmen: Chappell, Nichols, Gillum, Lloyd, Gleckman
NOES: Councilmen: None
ABSENT:Councilmen: None
• Approved as to form:
W ��L"rj) ____
City A torney'
•
City Cle
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