Ordinance - 1618ORDINANCE NO. 1618
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, GRANT-
ING TO FALCON CABLE TV OF WEST COVINA A
FRANCHISE TO CONSTRUCT, OPERATE AND MAIN-
TAIN A CABLE TELEVISION SYSTEM WITHIN THE
CITY OF WEST COVINA, AND AMENDING CERTAIN
• SECTIONS OF ORDINANCE NO. 1563.
WHEREAS, the City of West Covina, pursuant to Ordi-
nance No. 1563, as amended, is authorized to grant one or more
non-exclusive revocable franchises to operate, construct, main-
tain and reconstruct a cable television system within the City;
and
WHEREAS, the City pursuant to Ordinance No. 1563 as
amended solicited applications for a cable television franchise
on a competitive basis, and after due evaluation'of the appli-
cations received, and after public hearings, the City has
determined that it is in the best interest of the City and its
residents to grant a franchise to Falcon Cable TV of West
• Covina; and
WHEREAS, the purpose of this ordinance is to grant
to Falcon Cable TV of West Covina a franchise for the construc-
tion, operation and maintenance of a cable television system
within the City of West Covina and to ensure that a high quality
system is provided to the residents of the City in a timely
manner by establishing certain rules, regulations and require-
ments with which Falcon Cable TV of West.Covina shall comply.
NOW; THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST
COVINA DOES ORDAIN AS FOLLOWS:
SECTION 1. There is hereby granted by the City of
West Covina to Falcon Cable TV of West Covina a franchise for
• the construction, operation and maintenance of a cable tele-
vision system, of such description and requirements as are set
forth in the Franchise Agreement and all related documents and
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bodies of law which are incorporated herein by reference or
may be otherwise applicable hereto. Said grant is made pursu-
ant to California Government Code Sections 53066, et secs. and
• Article 11 of Chapter 11 of the West Covina Municipal Code and
the rights and responsibilities of said franchise shall be
exercised and performed by Falcon Cable TV of West Covina or
any successor or assign thereof, in compliance with said require-
ments of State and Federal law, the terms and conditions of the
Franchise Agreement, the requirements of Article 11 of Chapter
11 of the West Covina Municipal Code, and any and all other ap-
plicable provisions of local, State or Federal law as may now
exist or may hereafter be enacted.
SECTION 2. This ordinance herewith incorporates by
reference, as if set forth in its entirety herein, the Franchise
Agreement made and entered into by and between the City of
West Covina and Falcon Cable TV of West Covina, pursuant to this
• Ordinance and the provisions of Article 11, Chapter 11 of the
West Covina Municipal Code.
SECTION 3. Section 11-18(K)(1) of Article 11 of Chapter
11 of the West Covina Municipal Code is hereby amended to read
as follows:
"(K) Periodic Testing and Reporting. The CATV
system shall be tested, and the results
reported to the City, on a scheduled basis
as specified below:
(1) Quarterly System Tests. On the last regular
working day of each of the first three
operating quarters of each of the first three
years following completion of construction
and every third year thereafter, the Grantee
shall submit to the City Manager system per-
formance data taken within the previous seven
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(7) days. Measurements for said data shall
be taken at the same test points selected
to satisfy Sub -section (2) below, during the
• last annual.system performance test that
the data has been submitted to the City.
Quarterly test data shall consist of:
(a) Visual signal level for all channels
carried.
(b) Visual signal-to-noise measurements on
one active highband VHF channel.
(c) Visual hum modulation on one channel
or pilot carrier.
A representative of the City shall be permitted to
accompany the Grantee during quarterly measurement
activities. The Grantee shall not be permitted to
make any system adjustments during quarterly mea-
• surement activities without noting such adjustments
on the test data form."
SECTION 4. The second paragraph of Section 11-28 of Arti-
cle 11, Chapter 11 of the West Covina Municipal Code is here-
by amended to read as follows:
"All such rates and charges shall remain in
effect with no increase for the period of time
indicated in Grantee's proposal, or such time
as is adopted or amended by City Council. In
no event shall that term be less than three (3)
years from the effective date of the franchise
unless Grantee, no sooner than 18 months after
• the effective date of the franchise, makes an
application for a rate increase to the City
Council and shows good cause why said increase
should be considered prior to the expiration of
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SECTION 5. The Mayor shall sign and the City
Clerk shall certify to the passage and adoption of this Ordi-
nance and shall cause the same to be published in the manner
prescribed by law.
PASSED, APPROVED AND ADOPTED this 12th day
of December , 1983.
ATTEST:
ity Clerk
Mayor
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES)
CITY OF WEST COVINA )
I, Helene M. Mooney City Clerk of the
City of West Covina, do hereby certify that the foregoing Ordi-
nance No. 1618
the three-year term set forth herein. All
rate and charge increase requests submitted
or proposed by Grantee after said time peri-
ods shall be based upon the following criteria
• which shall be considered and evaluated by
the City Council:"
•
was regularly introduced and placed upon
• its first reading at a regular meeting of the City Council on
the 28th day of November , 1983. That thereafter
QM
said Ordinance was duly adopted and passed at a regular meeting
of the City Council on the 12th day of December
1983, by the following vote, to wit:
• AYES: Councilmen: Tice, Tennant, Shearer, Bacon, Chappell
NOES: Councilmen: None
ABSENT: Councilmen: None
APPROVED AS TO FORM:
City Attorney
U
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City C e k
r:
•
C E R T I F I C A T I O N
State of California )
County of Los Angeles ) ss.
City of West Covina. )
I, JANET BERRY, Deputy City Clerk of the City of
West Covina., State of California., do hereby certify
that a true and accura.te copy of Ordinance No.
was published, pursuant to law, in the West Covina.
Tribune, a. newspaper of general circulation published
and circulated in the City of West Covina..
Janet Berry, Deputy City Clerk
City of West Covina, California