HomeMy WebLinkAboutOrd 81 ✓ Sett 2
AM ENDED,_RESCINDED_..,
BYOrd 83 DATE 9-/9-8'i
ORDINANCE NO. 81
AN ORDINANCE OF THE CITY OF CATHEDRAL CITY
GRANTING A NON-EXCLUSIVE FRANCHISE TO
LEISURE VISION, INC., ITS SUCCESSORS AND ASSIGNS,
TO INSTALL, CONSTRUCT, OPERATE, AND MAINTAIN
A CABLE TELEVISION SYSTEM IN THE CITY OF
CATHEDRAL CITY, AND SETTING FORTH CONDITIONS
s ACCOMPANYING THE GRANTING OF THE
FRANCHISE.
The city council of the City of Cathedral City does ordain as follows:
SECTION 1. Short Title. This Ordinance shall be known and may be cited as the
"Leisure Vision, Inc., Cable Television Franchise."
SECTION 2. Grant of Non-exclusive Authority. There is hereby granted by the City
of Cathedral City as "Grantor" to Leisure Vision, Inc. as "Grantee" a non-exclusive franchise
to erect, install, construct, repair, replace, reconstruct, maintain and retain in, on, over,
under, upon, across and along any street, alley, or public easement, such poles, wires, cable
conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments, and other
property as may be necessary and appurtenant to the cable television system and to use,
operate, and provide similar facilities or properties rented or leased from other persons,
firms or corporations, including but not limited to any public utility or other Grantee
franchised or permitted to do business in the City, for the purpose of engaging in the
business of operating and providing a cable television system in the area of the City
described in the franchise application which is kept on file in the City Clerk's Office
("franchise territory").
SECTION 3. Applicable Requirements. Except as expressly provided herein,
conditions accompanying grant of this franchise shall be as set forth in Chapter 5.10 of the
Cathedral City Municipal Code, which is incorporated by reference herein; provided,
however, that in the event of a conflict between the provisions of Chapter 5.10 and the
provisions of this Ordinance, this Ordinance shall be controlling, and provided further that
subsequent changes in Chapter 5.10 shall not materially alter this franchise without consent
of the Grantee.
SECTION 4. Definitions.
(a) For the purposes of this Ordinance, "Grantee" shall mean Leisure Vision, Inc.,
its successors and assigns.
E (b) "Subscriber" or "User" shall mean any person or entity lawfully receiving for
any purpose any service of the Grantee's cable television system, including, but not limited
to, the conventional cable television system service of retransmission of television
broadcast, radio signals, Grantee's original cablecasting, and any local government,
education, and public access programming; and other services such as leasing of channels,
data facsimile transmission, pay television, and police, fire and similar public service
communication.
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(c) "Just cause", for purposes of this Ordinance, as it incorporates the Cathedral
City Municipal Code, Section 5.10.050, shall mean any cause which is beyond the Grantee's
reasonable control, including but not limited to Acts of God, civil disturbances or strikes.
(d) "Normal installation" shall mean any subscriber connection that is within 132
feet of the nearest cable distribution line.
SECTION 5. Cable Television Service.
(a) Basic Service. Notwithstanding the requirements set forth in the Cathedral
City Municipal Code, Section 5.10.030(a), the cable television system permitted to be
installed and operated hereunder shall:
(1) be operationally capable of relaying to subscriber terminals such
television and radio broadcast signals for the carriage of which Grantee, in its
sole discretion, shall seek, obtain, and maintain authorization of the Federal
Communications Commission;
(2) distribute color television signals which it receives in color;
(3) consistent with the availability of channel capacity and production
facilities, Grantee shall, at such time as the need shall arise, permit the City
and qualified members of the public to use channel time and facilities for
presentation of programming of local interest.
(b) Subscriber Complaints. Notwithstanding the requirement contained in the
Cathedral City Municipal Code, Section 5.10.030(c)(4), Grantee shall be permitted to
maintain its local office outside the City, provided that said office is located in a
neighboring community, and that it provide a local telephone directory listing permitting
Cathedral City residents to register service and consumer complaints "toll free" on a seven-
day, twenty-four hour basis.
(c) Municipal Service. Grantee shall be entitled to reimbursement by the City of
the actual cost of any labor or materials substantially beyond that required for normal
installation in complying with the municipal service requirements set forth in the Cathedral
City Municipal Code, Section 5.10.030(d)(2).
(d) Extension of Service. Grantee shall be required to provide service, at regular
installation rates, to any customer within the existing franchise territory whose premises
can be reached by a connection of no more than 132 feet from the nearest cable distribution
line. Grantee shall extend service to customers requiring more than a normal installation
for actual cost of labor and materials above and beyond the cost of normal installation plus
10%.
SECTION 6. Application for Franchise. The City Manager has waived all
procedures and requirements set forth in the Cathedral City Municipal Code, Section
5.10.060. In lieu thereof, Grantee shall, if requested, provide the City with the following:
(a) company profile; (b) current rate schedule; (c) current channel line-up; (d) map showing
location of trunk and feeder cable within the City; and (e) $1000 application fee. In
addition, Grantee agrees to pay reasonable cost of publication required in connection with
the passage of this Ordinance.
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SECTION 7. Limitations of Franchise. The Grantee shall be subject to all
requirements of City laws, rules, regulations and specifications, heretofore or hereafter
enacted or established, provided that subsequent enactments shall not materially alter this
franchise without Grantee's consent.
SECTION 8. Rights Reserved to the City. With respect to the Grantee hereunder,
the City hereby waives its reservation of rights to adopt requirements and regulations on
matters enumerated in the Cathedral City Municipal Code, Section 5.10.100 or on other
matters outside its lawful police power that would materially alter this franchise without
Grantee's consent. In lieu of such future requirements, the following shall apply:
(a) Rate Regulation. Unless the City shall decide to exercise jurisdiction over
rates and charges of the Grantee, procedures for fixing reasonable rates and service charges
as set forth in Cathedral City Municipal Code, Section 5.10.110(b) shall govern, except that
the Grantee may charge a converter/decoder service fee and/or a deposit to those
subscribers using a converter/decoder.
(b) Signal Quality. Grantee shall comply with or exceed applicable standards or
regulations of the Federal Communications Commission pertaining to the quality of
audiovisual reception by subscribers.
(c) Channel Capacity. Grantee shall provide a basic service package of at least
twelve channels, which shall be subject to expansion in Grantee's sole discretion and upon
reasonable written notice to the City.
(d) Signal Carriage and Programming. Grantee shall keep on file with the City a
current listing of television, radio, and supplemental signal services carried and shall,
whenever possible, provide the City and subscribers with reasonable advance notice of
changes.
(e) Local Origination. Grantee shall provide such equipment and channel time for
local originations as it deems feasible and appropriate in light of local needs and shall advise
the City and inform the public of its efforts in this regard. Grantee shall adopt reasonable
rules and regulations governing third-party use of its production facilities and equipment,
shall furnish a current copy of such rules to the City, and shall make them available for
public inspection in its local office.
(f) Complaints and Customer Service. Grantee shall maintain the capability of
responding to and investigating of customer service complaints promptly, and in no event
more than 36 hours after receipt. Grantee shall adopt written procedures for investigation
and resolution of all complaints by subscribers regarding Grantee's CATV operations, which
it shall make available for public inspection at its local office and shall furnish to the City
upon request.
(g) Safety., Grantee shall comply with applicable local laws and regulations
governing street use and safety and shall generally conduct its operations in accordance with
the highest safety standards prevalent in the cable television industry.
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(h) There is hereby reserved to the City every right and power which is required
to be herein reserved or provided by any law and the Grantee, by its acceptance of the
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.
E (i) Nothing herein shall be deemed or construed to 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, whether for a term or in perpetuity, the City's right of eminent domain.
(j) Except as expressly provided herein, neither the granting of any franchise or
any provision hereof shall constitute a waiver or bar to the exercise of any governmental
right or power of the City.
(k) The Council may do all things which are necessary and convenient in the
exercise of its jurisdiction over this franchise and may determine any question of fact which
may arise during the existence of any franchise granted hereunder. The city manager, with
the approval of the city attorney, is hereby authorized and empowered to adjust, settle, or
compromise any controversy or charge arising from the operations of the Grantee, either on
behalf of the City, the Grantee, or any subscriber, in the best interest of the public. Prior
to any such adjustment, settlement, or compromise, Grantee shall receive advance written
notice and shall have any opportunity to appear and be heard. Either the Grantee or any
member of the public who may be dissatisified 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 the
Grantee or from any provision of this chapter.
SECTION 9. Miscellaneous.
(a) Subscriber Contracts. The form of Grantee's contract with the subscriber
shall be subject to approval of the City, which approval shall not be unreasonably withheld.
(b) Severability. If any section, sub-section, sentence, clause, or phrase of this
Ordinance is for any reason held illegal, invalid, or unconsitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions thereof. The Council hereby declares that it would have passed this Ordinance and
each section, subsection, sentence, clause, and phrase hereof, irrespective of the fact that
any one or more sections, sub-sections, sentences, clauses, or phrases be declared illegal,
invalid or unconstitutional. The invalidity of any portion of this Ordinance shall not abate,
E reduce, or otherwise affect any consideration or other obligation of the Grantee hereunder.
SECTION 10. Effective Date. This Ordinance shall be in full force and effect thirty
(30) days after passage.
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SECTION 11. Posting. The City Clerk shall, within 15 days after passage of this
Ordinance, cause it to be posted in at least the 3 public places designated by resolution of
the City Council; shall certify to the adoption and posting of this Ordinance; and shall cause
this Ordinance and its certification, together with proof of posting, to be entered in the
book of Ordinances of this City.
The foregoing ordinance was approved and adopted at a meeting of the City Council
held on the 15th day of August , 1984, by the following vote:
Ayes: Councilmembers Krings, Martin, Murphy, Smith, and Mayor Case
Noes:
Absent:
/ /
MA +'-
ATTEST:
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CITY CL RK
APPROVED AS TO FORM: AP,F ROVED 7TO CONTENT:
C ATTORNEY CIS Y MANAGER
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I HEREBY CERTIFY that the foregoing Ordinance No 81 was duly adopted
by the City Council of the City of Cathedral City, California, in a meeting
thereof held on the 15th day of August, 1984 and that the same was posted
within 15 days of the above date in at least the three public places
specified for such postings by the said City Council.
MAXINE E. CLEM
CITY CLERK
CITY OF CATHEDRAL CITY
BY .
UTY CITY CLERK
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