|
LTION
<br />a resident of
<br />ge of eighteen
<br />d in the above
<br />I clerk of the
<br />of general cir-
<br />Ana, County
<br />been adjudged
<br />y the Superior
<br />of California,
<br />15, Case Num-
<br />h the annexed
<br />d in each reg-
<br />per and not in
<br />,ving dates, to-
<br />of perjury that
<br />This
<br />tegdl "emm S
<br />(2) A fixed percentage of the
<br />subscribers twith na the eCity; Cc
<br />or ra
<br />(3) A combination of (1) and (2) or
<br />above.
<br />Any grantee traversing any por- ini
<br />tion of the City, in order to provide ch
<br />service outside the City shall pay se
<br />to the City such additional sums ne
<br />therefor at such tlmes and in such of
<br />Imanner as the City Council shall su
<br />determine ge
<br />Section 6412.2. Franchise Payments of
<br />Not in Lieu of Taxes. ex
<br />! Payments to the City by Grantee Cc
<br />shall not be in lieu of any occupa- th
<br />tion, income, license, or property SE
<br />tax or similar levy, assessment, fee,
<br />-or charge which would otherwise
<br />,apply to and be payable by Grantee of
<br />i to the City, unless otherwise pro- tc
<br />Ivided by ordinance. tl
<br />Section 6412.3. Corporate Surety C
<br />j Bond Re City, In
<br />Upon acceptance of such fran- s(
<br />ehise, Grantee shall file with the cl
<br />Clerk of the Council, and shall tl
<br />thereafter during the entire term tl
<br />of such franchise maintain in full nl
<br />force and effect, a corporate surety p
<br />bond or other adequate surety it
<br />'agreement in the principal amount C
<br />and upon the conditions described tl
<br />in the specifications, for the bene- st
<br />fit of the City. le
<br />Section 6412.4. Corporate Surety e
<br />space iOr }h@ '
<br />Bond Re Subscribers, w
<br />Upon acceptance of such Fran- s,
<br />chise, Grantee shall file with the s
<br />Clerk of the Council, and shall h
<br />thereafter during the entire term n
<br />:)f such franchise maintain in full it
<br />force and effect, a corporate surety s
<br />;bond or other adequate surety n
<br />I agreement in the amount and upon s
<br />the conditions described in the spa- a
<br />cifications, for the benefit of Sub- a
<br />scribers. t
<br />Section x 412.5. Comprehensive Lia- a
<br />billty Insurance.
<br />Upon acceptance of such fran- t
<br />t� �3 1 Q 1'�hise , Grantee shall file with the g
<br />1 v ' Clerk of the Council, and shall i
<br />thereafter during the entire term t
<br />of such franchise maintain in full It
<br />CLERK OF 1 I"Iforce and effect, a general compre- t
<br />I hensive liability policy of insurance t
<br />CITY OF SAN; providing coverage as described in i
<br />' the specifications, e
<br />!Section 6412.6. Construction, Instal. I
<br />lation, and Service Standards. I
<br />(a) The City Council may from I
<br />time to time establish and notify l
<br />Proof of Publication 0 G
<br />Grantee of reasonable standards 1
<br />governing t
<br />the engineering'. con-
<br />maintenance of all CATV systems
<br />in t
<br />the City, including bonding, t
<br />equipment a
<br />attachments and instal -
<br />Notice of O
<br />OrC�IITdon, s
<br />subscriber service drops,
<br />lightning a
<br />arrestors, and other pro-
<br />tective devices and facilities there-
<br />for. Grantee shall comply forthwith
<br />with such standards, upon notifi-
<br />cation,
<br />(b) The City shall have the right
<br />to make additional use, for any
<br />public o
<br />PasteI any poles, conduits, or other facili-
<br />ties eed, controlled. or min-
<br />tained r exclsively byor for Gran-
<br />tee in any street, provided such
<br />SIuse by City does not substantially
<br />interfere with the use by Grantee.
<br />In ' (c) In the event the use of any
<br />part of the system of Grantee (1)
<br />is discontinued for any reason for
<br />a continuous period of one hundred
<br />g�
<br />VI and eighty (lku) days without prior
<br />the City Manager, or (2) has been
<br />p R
<br />R installed in any street or other
<br />m without complying with the
<br />i m
<br />L o
<br />or shall expire, Grantee, at the
<br />pepse of Grantee and at no expense
<br />{o the City, upon demand of the
<br />ity Manager, shall promptly re-
<br />f i
<br />ill p
<br />A. t
<br />property o
<br />it4 t
<br />Street a
<br />such condition as the Director of
<br />:' a
<br />a .Public Works. , shall approve; pro -
<br />s N
<br />-tot neglect of Grantee to cause
<br />a'work or other act required by la,
<br />- or hereunder to be completed prof
<br />er e in, over. on. or Wader any strei
<br />Lee i' he �wit7lth any time prescribed there
<br />Word ' 1fFiy of for, or upon notice given where n
<br />tltlutd�torq ;' t - is time is prescribed, the Director i
<br />Public Works may cause such wor
<br />„d - I- or other act to be completed i
<br />m whole or in part, and, upon i
<br />d all doing, shall submit to Grantee a
<br />an
<br />S, itemized statement of the cos
<br />y thereof. and Grantee shall, with
<br />or thirty (30) days after receipt
<br />or such statement. pay to the City tl
<br />F h�yple entire amount thereof.
<br />dis- (e) Grantee shall be required
<br />bri as provide service to any person desi
<br />a, e. ng to subscribe to such service
<br />or
<br />in dorrteliFplat "CX all the City; provided, however, th
<br />riot inClU a what !q ly the obligation of Grantee to provi
<br />( service to isolated subscribers shi
<br />Of be subject to such terms and cone
<br />any tions as the City Council shall a
<br />prove in the franchise of Grant(
<br />an (f) Unless otherwise provided
<br />i0) 09 of any given instance, where any tit
<br />is prescribed herein for the dot
<br />ILA) y can or causing to be done of any a
<br />00A ty of the City Manager, for good ca.u,
<br />in writing, may extend any tit
<br />1aN so prescribed for two (2) additiot
<br />lei m tch'1 periods of not to exceed ninety 0
<br />(4lt6tl � to [[ days each.
<br />coAltfllot, itFid.°
<br />er- Section 6413. Franchise Limitatio
<br />ie its ��� In addition to any other franch
<br />in #As I.151`iillil'1P. any limitations hereunder or as her,
<br />"irwL re- provided, the following limitati(
<br />it, n- shall apply to any franchise Bran
<br />yz„ in- or rene.�.wed by the City Cour
<br />Hegel "CAM
<br />Lt the time of the granting of
<br />y franchise hereunder, the City
<br />until shall approvee and fix all
<br />.es and charges allowable to
<br />Emtee, including, but not limited
<br />all such rares and charges for
<br />tallation of equipment; service
<br />Lrges for all classifications of
<br />•vice, including additional con -
<br />2tions at one location: and any
<br />ter rates or charges of Grantee to
<br />bscribers. No such rates or char-
<br />s shall 'ire changed at any time
<br />er the granting of a franchise,
<br />cept by authority of the City
<br />until, upon written request of
<br />e Grantee
<br />ction 6414.2. Change of Rates or
<br />Charges: Hearing.
<br />Prior to authorizing the change
<br />any rates or charges of Grantee
<br />subscribers at any time after
<br />e granting of any franchise, the
<br />tv Council shall first pass a reso-
<br />tion of intention to do so, de-
<br />ribing and stating any rates or
<br />.arges sought to be changed a!nt
<br />e reasons of the Cite Council
<br />erefo *, fixing a day, hour, and
<br />ace certain when and where any
<br />arsons having any interest there -
<br />may appear before the City
<br />)uneil and be heard, and directing
<br />.e Clerk of the Council to cause
<br />.id Resolution to be published at
<br />ast once in a newspaper of gen-
<br />-al circulation within the City
<br />ithin fifteen (15) days of the pas -
<br />tge thereof. and a copy thereof
<br />tall be mailed to any Grantee
<br />>reunder at least, ten Wl i dais
<br />•ior to the date specified for hear -
<br />,g thereon. At the time set for
<br />tell hearing. or at any adjourn -
<br />!ent thereof, the City Council
<br />tall proceed to hear and pass on
<br />presentations made before it,
<br />ad the decision of the City Council
<br />iereon shall be final and conclu-
<br />.ve.
<br />If the City Council shall find that
<br />1e changing of any rates or char -
<br />es of Grantee to subscribers will
<br />of be detrimental or injurious to
<br />1e best interests and welfare of
<br />1e subscribers and of the City,
<br />he City Council may, by resolti-
<br />ion, authorize the change of any
<br />ates or charges of Grantee to
<br />ubscribers as shall be deemed
<br />easonable by the City Council;
<br />nd such resolution shall thereupon
<br />ecome a art of ranted hereunder and franchise
<br />affected
<br />hereby.
<br />iection 6414.3. Federal or State
<br />Jurisdiction,
<br />In the event the Federal Comnm-
<br />dcations Commission, the Publio
<br />Jtilities Commission of the State
<br />of California, or any other Federal
<br />it State body or agency shall now
<br />,r hereafter exercise any para-
<br />nount jurisdiction over the subject
<br />natter of any franchise hereunder.
<br />:hen, to the extent such iarisdic-
<br />:ion shall preempt or preclude the
<br />axercise of like jurisdiction by the
<br />it,, the jurisdiction of the City
<br />shall cease and no longer exist;
<br />provided, however,. that the pre -
<br />amption or prechision of the exer-
<br />oise by the City of any of its police
<br />power shall not diminish, impair*
<br />alter, or affect any contractual ben-
<br />efit to the City nor any contractual
<br />obligation of the Grantee under any
<br />franchise issued hereunder. In this
<br />respect, any and all miinimurn
<br />ofaGrantee, andnany and all maxi-
<br />count rates, ratios, and charges
<br />specified herein or in any franchise
<br />issued hereunder, existing now and
<br />at any time in the future, includin;
<br />such time as any paramount juris-
<br />diction shall preempt or preclude
<br />that of the City, and any and all
<br />rights powers, privileges, and au-
<br />thorities of the City to determine.
<br />establish, or fix any of the sarnies
<br />are each and all hereby declare
<br />by the City and by any Grantee
<br />accepting any franchise hereunder
<br />to be contractual in nature and t6
<br />be, for the benefit of the City and
<br />all subscribers situated there
<br />and the agreement of Grantee
<br />accept and conform to such Stan
<br />ards, rates, ratios, and charges is
<br />here byy declared by the City and by
<br />any tGrantee accepting any fran-
<br />chise hereunder to be of the most
<br />fortthe !granting oft such franchise.
<br />In the absence of which, in whole
<br />or in part, the City would not grant
<br />such franchise.
<br />Section 6415. offers and Applica•
<br />tions for Franchise.
<br />All offers to construct. operate,
<br />or maintain any CATV system is
<br />this City and all applications for
<br />any franchise hereunder shall be
<br />filed with the Purchasing and Prop-
<br />erty Control Officer of the City of ,
<br />r Santa Ana on a form approved by
<br />a the City Manager, Each such offer
<br />and application shall set forth
<br />contain, of be accompanied by, bud
<br />t not limited to, information requir64
<br />by the Instructions to offeror-AP.-
<br />plicant, other franchise documet} S,
<br />or by the City Manager. The City
<br />f Manager, to make his recommends -
<br />n tions respecting such offers fttid
<br />o applications, shall require the fol-
<br />n lowing:
<br />s (a) Identitv of Offeror- Applicsnt.
<br />n (b) offeror-Applicant. Organizational structure of
<br />if (c) operational plans of offeror.
<br />.e Applicant.
<br />o (d) Any other details, statement!.
<br />information or references per -
<br />n tinent to the subject matter
<br />Lt of such offer and application
<br />le which shall be required or
<br />it requested by the City Counan
<br />or the City Manager or by
<br />i" any provisions of the Charter
<br />e. of the City of Santa Ann or
<br />e' the Santa Ana Munieipsl
<br />In Code.
<br />le g (e) An application fee in the )ISM
<br />i of One Thousand D09%
<br />t' (81,000.), which shall be in
<br />e, the form of cash, certified
<br />ne or cashier's check, or motley
<br />al order, which shall applV to-
<br />o) ward the costs of studying.
<br />is investigating, and otherwise
<br />se processing such offer and ap
<br />se placation and which shall D!
<br />ns in consideration thereof, 8441
<br />ed not returnable or refundsbIs
<br />cal in whole or in part; pro
<br />that any Offeror - APPIb lit
<br />_.o_ :I, a -7 ;.mr to th. r.
<br />Hegel "CAM
<br />Lt the time of the granting of
<br />y franchise hereunder, the City
<br />until shall approvee and fix all
<br />.es and charges allowable to
<br />Emtee, including, but not limited
<br />all such rares and charges for
<br />tallation of equipment; service
<br />Lrges for all classifications of
<br />•vice, including additional con -
<br />2tions at one location: and any
<br />ter rates or charges of Grantee to
<br />bscribers. No such rates or char-
<br />s shall 'ire changed at any time
<br />er the granting of a franchise,
<br />cept by authority of the City
<br />until, upon written request of
<br />e Grantee
<br />ction 6414.2. Change of Rates or
<br />Charges: Hearing.
<br />Prior to authorizing the change
<br />any rates or charges of Grantee
<br />subscribers at any time after
<br />e granting of any franchise, the
<br />tv Council shall first pass a reso-
<br />tion of intention to do so, de-
<br />ribing and stating any rates or
<br />.arges sought to be changed a!nt
<br />e reasons of the Cite Council
<br />erefo *, fixing a day, hour, and
<br />ace certain when and where any
<br />arsons having any interest there -
<br />may appear before the City
<br />)uneil and be heard, and directing
<br />.e Clerk of the Council to cause
<br />.id Resolution to be published at
<br />ast once in a newspaper of gen-
<br />-al circulation within the City
<br />ithin fifteen (15) days of the pas -
<br />tge thereof. and a copy thereof
<br />tall be mailed to any Grantee
<br />>reunder at least, ten Wl i dais
<br />•ior to the date specified for hear -
<br />,g thereon. At the time set for
<br />tell hearing. or at any adjourn -
<br />!ent thereof, the City Council
<br />tall proceed to hear and pass on
<br />presentations made before it,
<br />ad the decision of the City Council
<br />iereon shall be final and conclu-
<br />.ve.
<br />If the City Council shall find that
<br />1e changing of any rates or char -
<br />es of Grantee to subscribers will
<br />of be detrimental or injurious to
<br />1e best interests and welfare of
<br />1e subscribers and of the City,
<br />he City Council may, by resolti-
<br />ion, authorize the change of any
<br />ates or charges of Grantee to
<br />ubscribers as shall be deemed
<br />easonable by the City Council;
<br />nd such resolution shall thereupon
<br />ecome a art of ranted hereunder and franchise
<br />affected
<br />hereby.
<br />iection 6414.3. Federal or State
<br />Jurisdiction,
<br />In the event the Federal Comnm-
<br />dcations Commission, the Publio
<br />Jtilities Commission of the State
<br />of California, or any other Federal
<br />it State body or agency shall now
<br />,r hereafter exercise any para-
<br />nount jurisdiction over the subject
<br />natter of any franchise hereunder.
<br />:hen, to the extent such iarisdic-
<br />:ion shall preempt or preclude the
<br />axercise of like jurisdiction by the
<br />it,, the jurisdiction of the City
<br />shall cease and no longer exist;
<br />provided, however,. that the pre -
<br />amption or prechision of the exer-
<br />oise by the City of any of its police
<br />power shall not diminish, impair*
<br />alter, or affect any contractual ben-
<br />efit to the City nor any contractual
<br />obligation of the Grantee under any
<br />franchise issued hereunder. In this
<br />respect, any and all miinimurn
<br />ofaGrantee, andnany and all maxi-
<br />count rates, ratios, and charges
<br />specified herein or in any franchise
<br />issued hereunder, existing now and
<br />at any time in the future, includin;
<br />such time as any paramount juris-
<br />diction shall preempt or preclude
<br />that of the City, and any and all
<br />rights powers, privileges, and au-
<br />thorities of the City to determine.
<br />establish, or fix any of the sarnies
<br />are each and all hereby declare
<br />by the City and by any Grantee
<br />accepting any franchise hereunder
<br />to be contractual in nature and t6
<br />be, for the benefit of the City and
<br />all subscribers situated there
<br />and the agreement of Grantee
<br />accept and conform to such Stan
<br />ards, rates, ratios, and charges is
<br />here byy declared by the City and by
<br />any tGrantee accepting any fran-
<br />chise hereunder to be of the most
<br />fortthe !granting oft such franchise.
<br />In the absence of which, in whole
<br />or in part, the City would not grant
<br />such franchise.
<br />Section 6415. offers and Applica•
<br />tions for Franchise.
<br />All offers to construct. operate,
<br />or maintain any CATV system is
<br />this City and all applications for
<br />any franchise hereunder shall be
<br />filed with the Purchasing and Prop-
<br />erty Control Officer of the City of ,
<br />r Santa Ana on a form approved by
<br />a the City Manager, Each such offer
<br />and application shall set forth
<br />contain, of be accompanied by, bud
<br />t not limited to, information requir64
<br />by the Instructions to offeror-AP.-
<br />plicant, other franchise documet} S,
<br />or by the City Manager. The City
<br />f Manager, to make his recommends -
<br />n tions respecting such offers fttid
<br />o applications, shall require the fol-
<br />n lowing:
<br />s (a) Identitv of Offeror- Applicsnt.
<br />n (b) offeror-Applicant. Organizational structure of
<br />if (c) operational plans of offeror.
<br />.e Applicant.
<br />o (d) Any other details, statement!.
<br />information or references per -
<br />n tinent to the subject matter
<br />Lt of such offer and application
<br />le which shall be required or
<br />it requested by the City Counan
<br />or the City Manager or by
<br />i" any provisions of the Charter
<br />e. of the City of Santa Ann or
<br />e' the Santa Ana Munieipsl
<br />In Code.
<br />le g (e) An application fee in the )ISM
<br />i of One Thousand D09%
<br />t' (81,000.), which shall be in
<br />e, the form of cash, certified
<br />ne or cashier's check, or motley
<br />al order, which shall applV to-
<br />o) ward the costs of studying.
<br />is investigating, and otherwise
<br />se processing such offer and ap
<br />se placation and which shall D!
<br />ns in consideration thereof, 8441
<br />ed not returnable or refundsbIs
<br />cal in whole or in part; pro
<br />that any Offeror - APPIb lit
<br />_.o_ :I, a -7 ;.mr to th. r.
<br />
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