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HomeMy WebLinkAboutOrd 547-1966 ORDINANCE NO, 547 AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO PRO- VIDING FOR T~E GRANTING OF FRANCHISES FOR COMMUNITY ANTENNA TELEVISION SYSTEMS; PROVIDING TERMS AND CON- DITIONS FOR T~E OPERATION OF SUCH COM~JNITY ANTENNA TELEVISION SYSTEMS AND FEES TREKEFOR The City Council of the City of South San Francisco does or- dain .as follows: Section 1. DEFINITIONS. For the purposes of this Ordinance, the following terms, phrases, words, abbreviations, and their de- rivations shall have the meaning §iven herein. When not incon- sistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. (a) "City" shall mean the City of South San Francisco, a municipal Corporation of the State of California, in its present incorporated form,or in any later reorganized, consolidated, en- larged or re-incorporated form. (b) "Council" shall mean the present governing body of the City or any future board constituting the legislative body of the City. (c) "Franchise" shall mean and include any authorization granted hereunder in terms of a fr~chise, privilege, permit, license or otherwise to construct, operate and maintain a. CATV system in the City. Any such authorization, in whatever term granted, shall not mean and include any license or permit re- quired for the privilege of transacting and carrying on a busi- ness within the City in accordance with Ordinance No.261 and amendments thereto entitled "An Ordinance Prov{ding for Licensing of Business, Professions, Trades, Callings and Occupations in the City of South San Francisco". (d) "Grantee" shall mean the person, firm or corporation to whom or which a franchise, as heretnabove defined, is granted by the Council under this Ordinance, and the lawful successor, trans- feree or assignee of said person, firm or corporation. (e) "Street" shall mean the surface of and the space above and below any public street, road, highway, freeway, lane, path, alley, court, sidewalk, parkway or drive, now or hereafter exist- ing as such within the City, (f) "Property of grantee" shall mean 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 granted pursuant to this Ordinance. (g) "CATF' shall mean a community antenna television system as hereinafter defined. (h) "Community Antenna Television SysteW' shall mean a sys= rem of antenna, coaxial .cables, wires, wave guides, or other con- ductors, equipment o~ facilities designed, constructed or used 2~ for the purpose of providing television or F~radio service by cable or through its facilities as herein contemplated, CATV 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", (i) "Subscriber" shall mean any person or entity receiving for any purpose the CATV service of a grantee. (j) "Gross Annual Receipts" shall mean any and all compens- ation and other consideration in any form~hatever and any con- tributing grant or subsidy received directly or indirectly by a grantee from subscribers or users in payment for television or FM radio signals or service received within the City. Gross Annual Receipts shall not include any taxes on services furnished by the grantee imposed directly o~ any subscriber or user by any city, state or other governmental unit and collected by the grantee for such governmental unit. Section 2. EXCLUSIVE USE OF TELEPHONE FACILITIES. When and in the event that the grantee of any franchise granted hereunder constructs, operates and maintains a CATV system exclusively through telephone company facilities constructed, operated and maintained pursuant to a state-granted telephone franchise and offers satisfactory proof that in no event during the life of such franchise shall the grantee make any use of the streets independ- ently of such telephone company facilities~ said grantee shall be required to 'comply with all of the provisions hereof as a 'licensee" and in such event whenever the te~m "grantee" is used herein it shal~ be deemed to mean and include "licensee". Section 3. FRANCHISE TO OPERATE. A non-exclusive franchise to construct, operate and maintain a CATV system w~thin all or any portion of the City may be granted by the City Council to any person, firm or corporation, whether operating under an existing franchise or not, who or which offers to furnish and provide such system under and pursuant to the terms and provisions of this Ordinance. No provision of this Ordinance may be deemed or construed as to require the granting of a franchises or granting of further franchises, when in the opinion of the Council it is in the public interest to restrict the number of grantees to one or more. Section 4. OSES PER~TTED BY GRANTEE. Any franchise granted pursuant to the provisions of this Ordinance shall authorize and permit the grantee to engage in the business of operating and providing a CATV system in the Citys and for that purpose to erect, installs construct, repairs replace, reconstruct, maintain and retain in, on, over, under, upon, across and along any public street, such poless wires~ cable, conductors, ducts, conduit, vaults, manholes, amplifiers, appliances, attachments and other property as may be necessary and appurtenant to the CATV system; and in addition, so to use, operate and provide similar facilities or properties rented or leased from other sons, firms or corporations, including but not limited to any public utility or other grantee franchised or permitted to do business in the City. No franchise granted hereunder shall be construed as a franchise, permit or license to transmit any special program or event for~hich 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 indi- vidual programs. No franchise granted.hereunder shall be con- strued as a franchise, permit or license to originate other al- lowable programs, announcements or materials except as set forth in the franchise granted. The grantee may make a charge to subscribers for installation or connection to its CATV system and a f/xed monthly charge as established and approved as herein provided. No increase or de- crease in rates and charges to subscribers, as set forth in the schedule established and approved, may be made ~r~thout the prior approval of the Coun~l expressed by resolution. Section 5o DURATION OF FRANCHISE. No franchise granted by the Council under this Ordinance shall be for a term longer than eleven (ll) years following the date of acceptance of such franchise by the grantee or the newal thereof. Any such franchise granted hereunder may be terminated prior to its date of expiration by the Council in the event that said Council shall have found, after sixty (60) days' notice of any proposed termination and public hearing, that (a) the sxantee has failed to comply with any provision of this Ordinance, or has, by act or omission, violated any term or condition of any franchise or permit issued hereunder; or (b) any provision of this Ordinance has become invalid or unenforceable and the Council further finds that such pro- vision constitutes a consideration material to the grant of said franchise; or (c) the City acquires the CATV system property of the grantee. Section 6. FRANCHISE PAY~NTS. Grantee shall pay to the City the sum of Ten Thousand Dollars (~10,OOO.OO) upon issu- ance of the franchise and annually for each franchise year a sum computed pursuant to either of the following alternate for- mulas, and the Council shall elect which formula to apply and include as a prQvision of the franchise to be granted. ALTERNATE A: A sum equal to five percent (5%) of the gross annual receipts of grantee except that should payments so computed for any franchise Tear after the second franchise year be less than Eight Thousand Dollars (~8,000.00) per year, then grantee shall pay the City the minimum sum of Eight Thou- sand Dollars ($8,000.00) for said franchise year:or years. ALTERNATE B: The following sums: 1. For the first franchise year, two (2%) percent of the gross annual receipts of grantee For the second franchise year, two (2%) percent of the gross annual receipts of grantee 3. For the third franchise year, Four Thousand Dollars ($4,000.00) or three (3%) percent of the gross annual receipts of grantee, whichever is the greater 4. For the fourth franchise year, Four Thousand Dollars ($4,000.00) or three (3%) percent of the gross annual receipts of grantee, whichever is the greater 5. For the fifth franchise year, Six Thousand Dollars ($6,000.00) or four (4%) percent of the gross annual receipts of grantee, whichever is the greater 6. For the sixth franchise year, Six Thousand Dollars ($6,OOO.OO) or four (4%) percent of the gross annual receipts of grantee, whichever is the greater 7. For the seventh franqhise year, Eight Thousand Dollars ($8,000.00) or five (5%) percent of the gross annual receipts of grantee, whichever is the greater 8. For the eighth franchise year, Eight Thousand Dollars ($8,OOO.OO) or five (5%) percent of the gross annual receipts of grantee, whichever is the greater 9. For the ninth franchise year, Ten Thousand Dollars ($10,OOO.OO)or six (6%) per cent of the gross annual ' receipts of grantee, whichever is the greater 10. For the tenth franchise year, Ten Thousand Dollars ($10,OOO.O0) or six (6%) percent of the gross annual receipts of the grantee, whichever is the greater 11. For the eleventh franchise year, Ten Thousand Dollars ($10,OOO.OO) or six (6%) percent of the gross annual receipts of grantee, whichever is the greater Such payment by the grantee to the City shall be made annually, or as otherwise provided in the grantee's fran- chise, by delivery of the same to the City Clerk. The grantee shall file with the City, within thirty (30) 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 fifteen (15) 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. 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 Ordinance. No accept- ance of any payment shall be construed as a release or as an accord and satisfaction of a~y claim the City may have for further or additional sums payable under this Ordinance or for the performance of any other obligatiom 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 reason- ?a able compensation and damages, of not less than one hundred per cent (10~) of its total gross profits during said period. Section ?. LIMITATIONS OF FRANCHISE. (a) Any franchise granted under this Ordinance shall be nonexclusive. (b) No privilege or exemption shall be granted or conferred by any franchise granted under this Ordinance except those speci- fically prescribed herein. (c) Any privilege claimed under any such franchise by the grantee in any street or other public property shall be subordinate~,: to any prior lawful occupancy of the streets or other public pro- perty. (d) Any such franchise shall be a privilege to be held in personal t~st by the original grantee. It cannot in any event 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 con- ditions as may therein be prescribed. Any such transfer or assign- ment shall be made only by an instrument in writing, a duly exe- cuted copy of which shall be filed in the officeof the City Clerk within thirty ( 30 ) days after any such transfer or assignment. The said consent of the Council may not be arbitrarily refused; provided, however, the proposed assig- nee must show financial responsibility and must agree to comply with all provisions of this Ordinance; and provided, further, that no such consent shall be required for a transfer in trust, mort- gage or other hypothecation as a whole, to secure an indebtedness. (e) Time shall be of the essence of any such franchise granted hereunder. Tbs grantee shall not be relieved of his obli- gation to comply promptly with any of the provisions of this Ordin- ance or by any failure of the City to enforce prompt compliance. (f) Any right or power in, or duty impressed upon, any officer, employee, department or board of the City shall be subject to trans- fer 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, coa~ expense, or damage arising out of any pro- vision or requirement of this Ordinance or of any franchise issued hereunder or because of its enforcement. (h) The grantee shall be~subject to all requirements of City ordinances, rules, resulations and specifications heretofore or hereafter enacted or established. (i) An~ such franchise granted shall not relieve the grantee of any obligation involved in obtaining pole space from any depart- ment of the City, utility company, or from others maintaining poles in streets. (J) Any franchise granted hereunder shall be in lieu of any e 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 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, im-~,nities, and author- ities 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. Section 8. RIGHTS RESERVED TO THE CITY. (a) Nothing herein shal1 be deemed or construed to impair or affect, in any way, to any extent, the right of the City to ac- quire 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 here- in 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. (b) There is hereby reserved to the City every right 10. 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 ac- tion 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, franchise to any ocher person, firm or corporation, within all or any portion of the City. (d) There is hereby reserved to the City the power to amend any section or part of this Ordinance so as to require additional or greater standards of construction, operation, maintenance or otherwise, on the part of the grantee. (e) Neither the granting of any franchise nor any provision 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 Ordin- ance and may determine any question of fact which may arise dur- ing the existence of any franchise granted hereunder. The City Manager is hereby authorized and empowered to adjust, settle or com- promise any controversy or charge arising from the operations 11. any grantee under this Ordinance, either on behalf of the City, the grantee or any subscriber, in the best interest of the pub- lic. 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 Ordinance. Section 9. PERMITS, INSTALLATION AND SERVICE. (a) Within sixty (60) days after acceptance of any fran- chise the grantee shall proceed with due diligence to obtain all mecessary 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 (90) days after obtaining all necessary permits, licenses and authorizations, grantee shall commence con- struction and installation of the CATV system. (c) Within ninety (90) days after the commencement of con- struction and installation of the system, grantee shall proceed 12. to render service to subscribers, and the completion of the con- struction and installation shall be pursued with reasonable dili- gence thereafter, so that service to all areas designated on the map accompanying the application for franchise, as provided in Section 20 hereof, shall be provided within one (1) year from the date that service was first provided. (d) Failure on the part of the grantee tOcoommence and dili- gently pursue each of the foregoing requirements and to complete each of the matters set forth herein, shall be grounds for termin- ation of such franchise, under and pursuant to the terms of Sec- tion 5 hereof; provided, however, that the Council in its dis- cretion may extend the time for the commencement and completion of construction and installation for additional periods in the event the grantee, acting in good faith, experiences delays by reason of circumstances beyond his control. Section 10. LOCATION OF PROPERTY OF GRANTEE. c (a) Any poles, wires, cable lines, conduits or other proper- ties 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 Director of Public Works acting in the exercise of his reasonable discretion. (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 13. yet become a public street but is designated or delineated as a proposed public street ne any tentative subdivision map approved by the City~ except those installed or erected upon public utility facilities now existing~ without obtaining the prior written ap- proval of the Director of Public Works. (c) In those areas and portions of the City where the trans- mission or distribution facilities of both the public utility providing telephone service and those of the utility providing electric service are under ground or hereafter may be placed under- ground, then the grantee shall likewise construct~ operate and maintain all of its transmission and distribution facilities underground. For the purposes of this subsections "underground" shall include a partial underground system~ e.g. streamlining. Amplifiers in granteets transmission and distribution lines may be in appropriate housings upon the surface of the ground as approved by the Director of Public Works. Section 11. R~MOVAL AND ABANDONMENT OF PROPERTY OF GRANTEE. (a) In the event that the use of any part of the CATV system is discontinued for any reason for a continuous period of twelve (_.j~) months~ or in the event such system or property has been installed in any street or public place without comply- ing with the requirelnts of grantee's franchise or this Ordin- ance~ or the franchise has been terminated, cancelled or has ex- pired~ the grantee shall promptly, upon being given ten ( !O ) dayst notice, remove from the streets or public places~ all such property and poles of such system ocher chart any which the Director of Public Works may permit co 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 co a condition satisfactory Co the Director of Public Works. (b) Any property of the grantee remaining in place thirty (30) days after the termination or expiration of the franchise shall be considered permanently abandoned. The Director of Public Works may extend such time not Co exceed an additional thirty (30) days. (c) Any property of the grantee Co be abandoned in place shall be abandoned in such manner as the Director of Public Works shall prescribe. Upon permanent abandonment of the property of =he grantee in place, =he proper=y shall become chat of the and the grantee shall submit co the Director of Public Works an instrument in writing, Co be approved by the City Attorney, trans- ferring Co the City the ownership of such property. Section 12. CHANGES REQUIRED BY PUBLIC IMPROVENENT$. The grantee shall, at its expense, protec=, support, temporarily dis- connect, relocate in the same street or ocher public place, or remove from the street or other public place, any property of the grantee when required by the Director of Public Works'by 15. 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 Cracks 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 11 hereof. Section 13. FAILURE TO PERFORM STREET WORK. Upon failure of the grantee to commence, pursue, or complete any work required by law or by the provisions of this Ordinance or by its franchise to be done in any street or other public place, within the time prescribed, and to the satisfaction of the Director of Public Works, the Director of Public Works 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 Director of Pub- lic Works to the' grantee within thirty (30) days after' receipt of such itemized report. Section 14. FAITHFUL PERFORMANCE BOND. (a) The grantee shall, concurrently with the filing of and acceptance of award of any franchise granted under chis Ordin- ance, file with the City Clerk, and at all times thereafter main- Cain in full force and effect for the term of such franchise or any renewal thereof, at grantee's sole expense, a corporate sure- 16. ty bond in a company and in a form approved by the City Attor- my, in the amount of not less than Fifty Dollars ($50.O00), T~ousana renewable annually, and conditioned upon the faithful performance of grantee, and upon the further condition Chat in the event gzantee shall fail to comply with any one or more of the pro- visions of this Ordinance, or of any franchise issued to the grantee hereunder, there shall be recoverable jointly and sever- ally 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 atto=ney's fees and costs, up to the full amount of the bondl 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 (30) days' prior written notice of intention not to renew, cancellation, or mater- ial 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 17. by the City thereunder, shall be construed to excuse faithful performance 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. Section 15. INDEMNIFICATION OF CITY. (a) The grantee shall, concurrently with the filing of an acceptance of award of any franchise granted under this Ordin- ance, furnish to the City and file with the City Clerk, and at all times during the existence of any franchise granted hereunder, maintain in full force and effect, at its own cost and expense, a liability insurance policy in an amount established by the City Council of not less than One Hundred Thousand Dollars ($100,000.00) or more than Five Million Dollars ($5,000,000.00) (except that City may increase or decrease said amount upon sur- vey of the exposures by qualified insurance representatives) in a company approved by the City Manager and in a form satisfactory to the City Attorney, indemoifying 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 consents from the owners, authorized distrib- utors 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, aris- 18. ing out of the exercise or enjoyment of its franchise, irrespect- ive of the amount of the comprehensive liability insurance policy required hereunder. (b) The grantee shall, concurrently with the filing of an acceptance of award of any franchise granted under this Ordinance, furnish to the City and file with the City Clerk and at all times during the existence of any franchise granted hereunder, 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 a form satisfactory to the City Attorney, protecting the City and all persons against liability for loss or damage for personal injury, death and proper- ty damage, occasioned by the~operations of grantee under such fran- chise, with minimum liability limits of Five Hundred Thousand Dol- lars ($500,000.00) for personal injury or death of any one person and One Million Dollars ($1,000,000.00) for personal injury or death of two or more persons in any one occurrence, and not less than Five Hundred Thousand Dollars ($500,000.00) for damage' to property resulting from any one occurrence, City may increase or decrease said amounts upon survey of the exposures by qualified insurance representatives. (c) The policies mentioned in the foregoing paragraph shall name the City, its officers, boards, commissions, agents and em- ployees as additional insureds and shall contain a p~ovision that a written notice of cancellation or reduction in coverage of said policy shall be delivered to the City twenty (20) days in advance of the effective date thereof; if such insurance is provided by a policy which also covers grantee or any other 19. entity or person other than those above named, then such policy shall contain the standard cross-liability endorsement. Section 16. INSPECTION OF PROPERTY ANDRECORDS. (a) At all reasonable times, the grantee shall permit any duly authorized representative o£ the City to examine all proper- ty 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 main- tained 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 mainten- ance expense necessarily incurred in making such examination shall be paid by the grantee. (b) The grantee shall prepare and furnish to the Director of Public Works and the City Clerk at the times and in the form prescribed 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. 20. (c) The grantee shall at all times make and keep in the City full and complete plans and records showing the exact location of alI CATV system equipment installed or in use in streets and other public places in the City. (d) The grantee shall file with the Director of Public Works, on or before the last day in March 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. Section 17. OPERATIONAL STANDARDS. The CATV system shall be installed and maintained in accord- ance with the highest and best accepted standards of the industry to the effect that subscribers shall receive the highest possible service. In determining the satisfactory extent of such standards, the following among others ahall be considered: (a) That the system be installed using all band equipment capable of passing the entire VHF and FMspectrum, 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. 21. (d) That the system provides a nominal Signal level of 2000 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. Section 18. MISCELLANEOUS PROVISIONS, (a) When not otherwise prescribed her&in, all matters here- in required to be filed with the city shall be filed with the City Clerk. (b) The grantee shall pay to the City a sum of money suffi- cient to reimburse it for all publication expenses incurred by it in connection with the granting of a franchise pursuant to the provisions of this Ordinance. Such payment shall be made within thirty (30) days after the City furnishes the grantee with a written statement of such expenses by delivery of same to the City Clerk. (c) The grantee shall maintain an office within the City limits or at a location which subscribers may call without in- curring added message or toll charges so that CATV maintenance service shall be promptly available to subscribers. (d) No person, firm or corporation in the existing service 22. area of the grantee shall be arbitrarily refused service; pro- vided, however, that the grantee shall not be required to pro- vide service to any subscriber who does not pay the applicable connection fee or monthly service charge. Section 19. USE OF UTILITY POLES & FACILITIES~ AGREEMENT. When a portion of the CATV system is to be installed on pub- lic utility poles and facilities, certified copies of the agree- ments for such joint use of poles and facilities shall be filed with the City Clerk. Section 20. APPLICATION FOR FRANCHISE. (a) Application for a franchise hereunder shall be in writ- ing, 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 and maintained or operated by the applicant; the 9oposed location of such system and its various components; the manner in which the applicant for a franchise proposes to construct, 23. install~ m~intain and operate the same; and, particularly, the extent and manner in ~hich existing or ~uture poles o= other facilities of other public utilities will be used for such system. (3) A description, in detail, of the public streets, public places and proposed public streets ~rithin which appli- cant proposes or seeks authority to construct, install or maintain any CATV equipment or facilitiesl a detailed descrip- tion of the equipment or facilities proposed to be constructed, installed or maintained therein; and the proposed specific lo- cation thereof. (4) A map specificall7 sho~rlng and delineating the pro- posed service area or areas ~ithin ~hich 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 Hanager 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 accom- pany the application. For unasual circumstances~ such as underground cable required, or more than one hundred fifty feet (150') of distance from cable to connection of service to subscribers, a statement of the additional installation charge over that normally charged for installation as speci- fied in the applic~at~s proposal and ~hether easements are to be supplied by subscribers. For remote~ relatively in- 24. accessible subscribers within the City, a statement of the additional installation charges over those normally charged for installation as specified in the applicant's proposal, and whether easements are to be supplied by subscriber. (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 poles, lines or conduits. (7) A statement setting forth all agreements and under- standings, 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 representative of another person, firm or corporation, and such information is not disclused 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 pub- lic accountant or person otherwise satisfactory to the Coun- cil, showing applicant's financial status ahd his financial ability to complete the construction and installation of the proposed CATV system. A statement of estimated capital in- vestment required to construct and install the CATV system, including subscriber line extensions, and the estimated gross receipts for the proposed franchise term. (9) The Council may at any time demand, and applicant 25. shall provide, such supplementary, additional or other formation as the Council may deem reasonably necessary to detezmine 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 appli- cant 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. (c) Any franchise granted pursuant to this Ordinance shall include the following condition: "TheCATV system herein franchised shall be used and operated solely and exclusively for the pur- pose expressly authorized by Ordinance of the City of South San Francisco 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 include any other reasonable condition, limitation or restriction which it may deem necessary to impose in connection with such franchise pur- suant to the authority conferred by this Ordinance. Section 21, FRANCHISE EXTENSION. Any franchise granted under this Ordinance may be extended by the Council, and the Council shall proceed in accordance with the provisions of this Ordinance to determine the terms and conditions upon which said extension ~y be granted; provided, however, that 26. the Council may at its option waive compliance with any or of the requirements of Section 20 hereof. Section 22. ACCEPTANCE AND EFFECTIVE DATE OF FRANCHISE. (a) No franchise granted pursuant to the provision of this Ordinance shall become effective unless and until the Ordin- ance granting same has become effective and, in addition, unless and until all things required in this Section and Sections 14, 15(a) and 15(b) 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. ~b) Within thirty (30) days after the effective date of the ordinance 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 satisfactory to the City Attorney. of the franchise, together with the bond and insurance policies required by Sections (a) and 15(b) hereof, respectively, and his agreement to bh bound by and to comply w~th and to do all things required of him by the provisions of this Ordinance and the franchise. Such acceptance and agreement shall be acknowledged by the grantee 27. before a notary public, and shall in form and content be satis- factory to and approved by the City Attorney. Section 23. VIOLATIONS. (a) From and after the effective date of this Ordinance, 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 Ordinance, and unless such franchise is in full force and effect. (b) From and after the effective date of this Ord*nance, 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 of any tentative sub- division 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 Ordinance, and unless such franchise is in full force and effect. (c) It shall be unlawful for any person, firm or corporation to make any unauthorized connection, whether physically, electric- 28¸. ally, acoustically, inductively or otherwise, with any part of a franchised CATV system within this City ~Or the purpose of takin§ or receivin§ television si§hals, radio signals, pictures, programs or sound. (d) It shall be unlawful for any person, firm or corporation to make any unauthorized connection, whether physically, elect- rically, acoustically, inductively or otherwise, with any part of a franchised CATV systemwithin this City for the purpose of enabling himself or others to receive any television signal, radio signal, picture, program or sound, with~tpayment to the owner of said System. (e) It shall be unlawful for any person, without the con- sent of the owner, to ~ilfully tamper with, remove or injure any cables, wires or equipment used for distribution of television signals, radio signals, pictures, pro§rams or sound. Section 2~. SEVERABILITY. If any section, subsection, sen- tence, c~ause or phrase of this Qrdinance is for any reason held illegal, invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. The Council hereby declares that it would have passed this Ordinance and each sec- tion, subsection, sentence, clause and phrase hereof, irrespective of the fact that any one or more sections, subsections, smntences, clauses or phrases be declared illegal, invalid or unconstitution- 29. al. The invalidity of any portion of this Ordinance shall not abates reduce or othe~ise affect any consideration or other obligation required of the grantee of any franchise granted hereunder. Section 25. SUBSCRIBER RATES AND CHARGES. Council in permitting the use of public property by grantee pursuant to the franchise shall determine as one of the con- ditions upon which said use is granted that said property will not be used in an enterprise which makes excessive charges to the publics to ~rlt: subscribers of grantees and~ therefore~ Council shall establish as one of the provisions of the franchise a schedule of reasonable rates and charges to prevent excessive charges while assuring fair compensation to grantee. Council may elect to establish rates and charges in one of the following alternate ~ays: ALTERNATE A: Council shall provide in the franchise grant- ed a schedule of rates and charges for the term of the fran- chise~ and no increase in rates and charges to subscriber~ as set forth in the schedule~ may be made ~rlthout prior ap- proval of the Council expressed by resolution. ALTERNATE B: Council shall establish an original schedule of reasonable rates and charges which shall be reviewed annually on or before the sixtieth (60th) day preceding the commencement of the next franchise year. Should the 30. ~ouncil determine that an amendment of the schedule of rates and charges should be made, the same shall be set forth in a resolution passed by the Council. Council, in determining the reasonable schedule of rates and charges for each franchise year, may use the mode of approach set forth in the rate-making statutes, regulations and procedures of the Public Utilities Commission of the State of California. Section 26. PUBLICATION AND EFFECTIVE DATE. This Ordinance shall be published once, as required by law, in the "Enterprise-Journal", a newspaper of general circulation published in the City of South San Francisco, and shall take effect and be in force thirty (30) days from and after its passage. * * * * Introduced this 16th day of May , 1966 . Passed and adopted as an ordinance of the City of South San Francisco at a regular meeting of the City Council of the City of South San Francisco this 6th day of June , 19 66 , by the following vote: AYES, COUNCILMEN Frank J. Bertucelli, Patrick E. Ahem, Emilio Gortesi, Andrew Rocca and Guido J. Rozzt NOES, " None ABSENT, " None 31. As Nayor of the City of South San Francisco~ I do hereby approve the foregoing Ordinance this 6th day of June 19 66. 32.