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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. 000583 (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. 2 000584 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. 3 000585 (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. 4 000586 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: 2 //,,4 ' �_I- /�/ CITY CL RK APPROVED AS TO FORM: AP,F ROVED 7TO CONTENT: C ATTORNEY CIS Y MANAGER 5 00058 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 000585