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188 ORDINANCE NO. 188 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA,GRANTING A NON-EXCLUSIVE FRANCHISE TO GROUP W CABLE, INC.,TO CONSTRUCT,OPERATE,AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE CITY OF GRAND TERRACE,AND SETTING FORTH CONDITIONS ACCOMPANYING THE GRANTING OF THE FRANCHISE. WHEREAS,the City of Grand Terrace,pursuant to Ordinance No.49,adopted June 11, 1981, did declare its intention to award on or more non-exclusive revocable franchises to construct,operate,and maintain a Cable Television System within the City of Grand Terrace;and Comcast Cablevision of California. NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA,DOES HEREBY ORDAIN the following terms and conditions of franchise in accordance with the provisions this Ordinance: Section 1. Index Section 2. Award of Franchise Section 3. Definitions Section 4. General Provisions Section 5. Rights Reserved to the City Section 6. Construction Section 7. Use of Streets Section 8. Rearrangement of Facilities Section 9. Service Requirements Section 10. Program Origination Facilities Section 11. Rates to Customers Section 12. Service,Operation,and Maintenance Section 13. Inspection and Reports Section 14. Evaluation Sessions Section 15. Remedies for Franchise Violations Section 16. Prohibited Activities- Section 17. Rights of Individuals Protected Section 18. Termination Section 19. Right to Purchase System Section 20. Separability Section 21. Force Majeure;Grantee's Inability to Perform Section 22. Effective Date Section 23. Posting Section 24 Adoption 1 s plan to use eminent domain in order to execute the Plan, but only as to property which is not residentially zoned or as to property acquired with the consent of the property owner. Additionally, real property in the Project Area may be acquired by gift, devise, exchange, purchase, or any other lawful method. The Agency shall not acquire real property retained by an owner pursuant to a Participation violation shall be deemed a misdemeanor punishable in accordance with Section 1.16 of this Code. SECTION 9: Exemption from the Provisions of this Chapter - Any devices designed, intended and used solely for the transportation of infants, the handicapped, or incapacitated persons, or devices designed, intended, and used for the transportation of merchandise to and from the place of purchase and other wheeled devices, when being used for either of these purposes, shall be exempt from the provisions of this Chapter. Furthermore, the City Council may, by Resolution, suspend the enforcement of the provisions of this Chapter to accommodate special events when so requested by the event organizer." SECTION 10: Conflict - If any section, subsection, subdivision, sentence, clause, nd counties to implement projects which have a high potential for reducing motor vehicle emissions. 11. Clean Cities-Clean Cities is a locally-based government/industry partnership,coordinated by the U.S. Department of Energy to expand the use of alternatives to gasoline and diesel fuel. Unlike traditional"top-down"federal programs,Clean Cities uses a"grass roots"approach to develop the alternative fuels market,relying on locally based government/Industry partnerships coordinated by the Department of Energy to expand the use of alternatives to gasoline and diesel fuel. Local decision makers from both the public and private sectors work as volunteer Community and Economic Development Department 3 Initial Study and Environmental Analysis e of these corridors. (See ATSAC) use with the objective of reducing vehicular emissions Staggered Work Hours of air pollutants. TCA1s are specifically called for under A method to reduce traffic the AQAMP congestion during the peak rush hours, by staggering the work start time for employees. Transportation Demand Management (TDM) - A pro- gram of specific measures designed to encourage alter STIP - State Transportation Improvement Program. natives to private automobile use and thereby reduce transportation demand Such measures include carpool the growth and resources in the region and will contain policies and guidelines for local and l subregional planning programs. SECTION 2. AWARD OF FRANCHISE a. There is hereby granted to Group W Cable,Inc.,hereinafter referred to as "Grantee" (Comcast Cablevision Corporation of California which is a wholly owned subsidiary of Comcast Corporation)the right,privileges,and franchise to construct, own,erect,operate,maintain,and repair a cable television(CATV)system in the City of Grand Terrace,California,hereinafter called"City." b. Grantee acknowledges and accepts the right of the City to issue a franchise and Grantee agrees it shall not now or at any time hereafter challenge this right in any way or in any city,state,or Federal court. c. The effective date of the franchise shall be the effective date of this Ordinance, subject to acceptance by the Grantee. d. The Grantee shall,within thirty(30)days after the effective date of this Ordinance, file in the Office of the City Clerk a written acceptance of all terms,conditions,and obligations of this franchise in a form satisfactory to the City Attorney. Failure of Grantee to accept the franchise as provided herein shall cause the franchise to become null and void. e. The term of the franchise shall be fifteen(15)years from the effective date hereof at which time it shall expire and be of no force and effect.Renewal shall be in accordance with Section 626 of the Cable Communications Policy Act of 1984,as amended(the"Cable Act"). f. This franchise shall be non-exclusive. The City may grant a similar franchise or any other franchise to any other person,firm,or corporation during or after said fifteen(15)year period and any renewal or extension thereof. Any such franchise shall contain substantially similar rights and obligations as the franchise granted hereunder. g. This franchise shall be a privilege to be held in personal trust by the Grantee. Neither this franchise nor the cable television system constructed hereunder nor any interest in this franchise or system shall be sold,transferred,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 City Council expressed by written resolution,and then only under such conditions as may be therein prescribed,in accordance with the cable act and FCC regulations;provided, however,that consent shall not be required for a transaction in which Comcast Corporation remains the ultimate corporate parent of the grantee. Any such transfer or assignment shall be made only by an instrument in writing,a duly executed copy of which shall be filed in the Office of the City Clerk ten(10) days after any such transfer or assignment. h. Approval of the City shall not be unreasonably withheld,provided that the proposed transferee passes the requisite financial and professional qualifications,is capable of performing all of the obligations hereof,and agrees,in writing,to comply with all provisions of this franchise agreement. 2 nce, clause, nd counties to implement projects which have a high potential for reducing motor vehicle emissions. 11. Clean Cities-Clean Cities is a locally-based government/industry partnership,coordinated by the U.S. Department of Energy to expand the use of alternatives to gasoline and diesel fuel. Unlike traditional"top-down"federal programs,Clean Cities uses a"grass roots"approach to develop the alternative fuels market,relying on locally based government/Industry partnerships coordinated by the Department of Energy to expand the use of alternatives to gasoline and diesel fuel. Local decision makers from both the public and private sectors work as volunteer Community and Economic Development Department 3 Initial Study and Environmental Analysis e of these corridors. (See ATSAC) use with the objective of reducing vehicular emissions Staggered Work Hours of air pollutants. TCA1s are specifically called for under A method to reduce traffic the AQAMP congestion during the peak rush hours, by staggering the work start time for employees. Transportation Demand Management (TDM) - A pro- gram of specific measures designed to encourage alter STIP - State Transportation Improvement Program. natives to private automobile use and thereby reduce transportation demand Such measures include carpool the growth and resources in the region and will contain policies and guidelines for local and l subregional planning programs. i. The franchise may be renewed by the City upon application of the Grantee pursuant to the procedure established in this Ordinance and in accordance with the Cable Act. The City shall schedule a public hearing on the question of renewal as prescribed in the Cable Act. After giving public notice,the City Council shall proceed to determine whether the Grantee has satisfactorily performed its obligations under the franchise. At such hearing,the Grantee shall have full due process of law including the opportunity to appear and be heard. If,based upon a review of the criteria set forth in Section 626 of the Cable Act,the City Council finds a renewal of the franchise with the Grantee to be in the best public interest,the City Council may enter into a renewal of the franchise with the Grantee under such terms and conditions as it deems advisable to protect the public and the subscribers to the service. j. The franchise is for the present territorial limits of the City of Grand Terrace and for any area annexed thereto during the term of this franchise,which has a minimum housing density of at least thirty-five(35)homes per mile from the nearest technically feasible point of connection to grantee's distribution system. Grantee shall not be obligated to extend service to any area served by another multi- channel video provider. SECTION 3. DEFINITIONS-For the purposes of this Ordinance,the following words,terms, phrases,and their derivations shall have the meanings given herein. When not inconsistent 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. The word"shall"is always mandatory and not merely directory. a. "City"means the City of Grand Terrace, California, and all the territory within its present and future corporate boundaries. b. "City Council"means the Council of the City of Grand Terrace or such representative person or entity as may be designated initially or at some future date to act on cable television matters. c. "FCC"means the Federal Communications Commission,or a designated representative. d. "Cable Television System,"Cable Communications System"or"System," sometimes referred to as"Cable TV System,""CATV System,"or"Broadband Communications Network,"means a system of antenna,cables,amplifiers,towers, microwave links,cablecasting studios,an any other conductors,converters, equipment,or facilities designed and constructed for the purpose of distributing video programming to home subscribers within the City;and the producing, receiving,amplifying,storing,processing,or distributing audio,video,digital,or other forms of electronic or electrical signals for the distribution to subscribers within the City. 3 n writing,to comply with all provisions of this franchise agreement. 2 nce, clause, nd counties to implement projects which have a high potential for reducing motor vehicle emissions. 11. Clean Cities-Clean Cities is a locally-based government/industry partnership,coordinated by the U.S. Department of Energy to expand the use of alternatives to gasoline and diesel fuel. Unlike traditional"top-down"federal programs,Clean Cities uses a"grass roots"approach to develop the alternative fuels market,relying on locally based government/Industry partnerships coordinated by the Department of Energy to expand the use of alternatives to gasoline and diesel fuel. Local decision makers from both the public and private sectors work as volunteer Community and Economic Development Department 3 Initial Study and Environmental Analysis e of these corridors. (See ATSAC) use with the objective of reducing vehicular emissions Staggered Work Hours of air pollutants. TCA1s are specifically called for under A method to reduce traffic the AQAMP congestion during the peak rush hours, by staggering the work start time for employees. Transportation Demand Management (TDM) - A pro- gram of specific measures designed to encourage alter STIP - State Transportation Improvement Program. natives to private automobile use and thereby reduce transportation demand Such measures include carpool the growth and resources in the region and will contain policies and guidelines for local and l subregional planning programs. e. "Grantee"means the person or entity to which a franchise henceforth is granted for the construction,operation,maintenance,and reconstruction of a Cable Television System,the lawful successors,transferees,or assignees of said corporation or entity. f. "Subscriber"means any person,firm,corporation,or other entity who or which elects to subscribe to,for any purpose,a service provided by the Grantee by means of or in connection with the Cable Television System. g. "Programmer"means any person or entity who or which produces or otherwise provides program material or information for transmission by video,audio,digital, or other signals,either live or from recorded tapes or other storage media,to subscribers by means of the cable television system. h. "Channel"means a frequency band which is capable of carrying either one standard video signal,a number of audio,digital or other non-video signals,or some combination of such signals. i. "Local Origination Channel"means any channel where the Grantee is the only designated programmer and provides video programs to subscribers. j. "Public Access Channel,""Community Access Channel,"or"Community Channel"means any channel where any member of the general public or any non- commercial organization may be a programmer,without charge,on a first-come, first-served,non-discriminatory basis. k "Government Access Channel"or"Government Channel"means any channel where local government agencies are the only designated programmer. 1. "Educational Access Channel"or Educational Channel"means any channel where educational institutions are the only designated programmers. m. "Leased Channel"or"Leased Access Channel"means any channel available for lease and programming by persons or entities other than the Grantee. n. "Open Channel"means any channel that can be received by all subscribers without the necessity for special equipment. o. "Private Channel"or"Closed-Circuit Channel"means any channel which is available only to subscribers who are provided with special converter or terminal equipment to send or receive signals on that channel. p. "Converter"means an electronic device which converts signal carriers from one form to another. q. "Broadcast Signal"means a television or radio signal that is transmitted over-the- air to a wide geographic audience and is received by a Cable Television System,off- the-air,by microwave link,by satellite receiver,or by other means. r. "Non-Broadcast Signal"means a signal that is transmitted by a Cable Television System and that is not involved in an over-the-air broadcast transmission path. s. "Cablecast Signal"means a non-broadcast signal that originates within the facilities of the Cable Television System. 4 r the distribution to subscribers within the City. 3 n writing,to comply with all provisions of this franchise agreement. 2 nce, clause, nd counties to implement projects which have a high potential for reducing motor vehicle emissions. 11. Clean Cities-Clean Cities is a locally-based government/industry partnership,coordinated by the U.S. Department of Energy to expand the use of alternatives to gasoline and diesel fuel. Unlike traditional"top-down"federal programs,Clean Cities uses a"grass roots"approach to develop the alternative fuels market,relying on locally based government/Industry partnerships coordinated by the Department of Energy to expand the use of alternatives to gasoline and diesel fuel. Local decision makers from both the public and private sectors work as volunteer Community and Economic Development Department 3 Initial Study and Environmental Analysis e of these corridors. (See ATSAC) use with the objective of reducing vehicular emissions Staggered Work Hours of air pollutants. TCA1s are specifically called for under A method to reduce traffic the AQAMP congestion during the peak rush hours, by staggering the work start time for employees. Transportation Demand Management (TDM) - A pro- gram of specific measures designed to encourage alter STIP - State Transportation Improvement Program. natives to private automobile use and thereby reduce transportation demand Such measures include carpool the growth and resources in the region and will contain policies and guidelines for local and l subregional planning programs. t. "Basic Subscriber Television,""Basic Subscriber Services,"or"Basic Service" means any tier of service which includes the transmission of local broadcast signals. u. "Institutional Service"means such video,audio,data,and other services provided to institutional users on an individual application,private channel basis. These may include,but not be limited to,two-way video,audio or digital signals among institutions,or from institutions to residential subscribers. v. "Pay-Cable"or"Pay Television"means the delivery to subscribers over and above the charge for Basic Subscriber Service on a per program,per channel,or other subscription basis. w. "Streets and Public Ways"means the public right-of-way along the surface of and the space above and below any public street,sidewalk,alley,or other public way of any type whatsoever now or hereafter existing as such within the City. x. "Resident"means any person residing in the City as otherwise defined by applicable law. y. "Monitoring"means observing a one-way communications signal,or the absence of a signal,where the observer is neither the subscriber nor the programmer,whether the signal is observed by visual or electronic means,for any purpose whatsoever. z. "Tapping"means observing a two-way communication signal exchange where the observer is neither of the communicating parties,whether the exchange is observed by visual or electronic means,for any purpose whatsoever. aa. "Year"means the remaining portion of 1999. Thereafter,"year"means a full calendar year. bb. "Section"means any section,subsection,or provision this Franchise Ordinance. cc. "School"means any public educational institution including primary and secondary school,colleges,and universities and all similarly situated private and parochial educational institutions which have received the appropriate accreditation from the State of California and,where required,from other authorized accrediting agencies. dd. "Franchise Agreement"means a signed and notarized statement on the part of both Grantor and Grantee accepting and agreeing to all of the provisions of the franchise herein granted.The franchise agreement may modify terms of this Ordinance by mutual agreement with any such modification confirmed formally by appropriate ordinance amendment. ee. "Gross Revenue"means the gross revenue derived by grantee from the operation of a cable television system to provide cable service to the City including: (1) Subscribers or users in payment for basic,premium and pay-per-view service,including installation and line extension charges; (2) Any fees or income received by Grantee for carrying advertising or commercial messages over the CATV facilities;and 5 ties of the Cable Television System. 4 r the distribution to subscribers within the City. 3 n writing,to comply with all provisions of this franchise agreement. 2 nce, clause, nd counties to implement projects which have a high potential for reducing motor vehicle emissions. 11. Clean Cities-Clean Cities is a locally-based government/industry partnership,coordinated by the U.S. Department of Energy to expand the use of alternatives to gasoline and diesel fuel. Unlike traditional"top-down"federal programs,Clean Cities uses a"grass roots"approach to develop the alternative fuels market,relying on locally based government/Industry partnerships coordinated by the Department of Energy to expand the use of alternatives to gasoline and diesel fuel. Local decision makers from both the public and private sectors work as volunteer Community and Economic Development Department 3 Initial Study and Environmental Analysis e of these corridors. (See ATSAC) use with the objective of reducing vehicular emissions Staggered Work Hours of air pollutants. TCA1s are specifically called for under A method to reduce traffic the AQAMP congestion during the peak rush hours, by staggering the work start time for employees. Transportation Demand Management (TDM) - A pro- gram of specific measures designed to encourage alter STIP - State Transportation Improvement Program. natives to private automobile use and thereby reduce transportation demand Such measures include carpool the growth and resources in the region and will contain policies and guidelines for local and l subregional planning programs. (3) Notwithstanding the above,gross annual receipts or gross revenue shall not include any taxes on service furnished by the Grantee and imposed directly on any subscriber or user by any city, state,or other governmental unit and collected by the Grantee for such governmental unit. ff. "Person"means any corporation,partnership,proprietorship,individual,or organization authorized to do business in the State of California,or any natural person. SECTION 4. GENERAL PROVISIONS a. Grantee shall comply with the provisions of this Ordinance and applicable Federal, State and Local laws. - b. Following the issuance and acceptance of the franchise,the Grantee shall pay to the Grantor a franchise fee of five percent of all gross revenues derived from the operation of the Cable Television System. Payments shall be completed and paid on a quarterly basis and due no later than thirty(30)days following the end of each calendar quarter. 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 statement of gross revenues by an Officer of the Grantee showing in detail the gross revenue of Grantee during the preceding calendar year or portion thereof. The City shall have the right to inspect the Grantee's records showing the gross revenue from which its franchise payments are computed and the right of audit and recompilation of any and all amounts paid under this Section. No acceptance of any payment shall be construed as a release or as an accord and satisfaction of any claim the City may have for further or additional sums payable under this Section or for the performance of any other obligation specified herein. c. Concurrently with the acceptance of this franchise,the Grantee shall file or cause to be filed with the City Clerk of the City of performance bond in the sum of$50,000 executed by the Grantee and a surety authorized to do business in the State of California to insure to faithful performance by grantee of all provisions of the franchise. Said bond shall name the City as obligee. The term of the bond shall commence on or before the date of filing with the City Clerk, The performance bond shall remain in effect during the entire term of this franchise. d. The Grantee,by the acceptance or use of this franchise,agrees to indemnify and save free and harmless the City,it officers,agents,and employees from an against any and all liability arising out of any and all claims,demands,causes of actions,or proceedings which may be asserted,prosecuted or established against them,or any of them for damage to persons or property of whatever nature arising out of the use by Grantee of the City streets or other City owned right-of-way(or of any other operations or activities of Grantee pursuant to this franchise)whether such damage shall be caused by negligence or otherwise(including but not limited to any liability for damages by reason of or arising out of any failure by Grantee to secure consents from the owners,authorized distributors,or licensees of programs to be delivered by Grantee's CATV system)and irrespective of the amount of the comprehensive 6 Unlike traditional"top-down"federal programs,Clean Cities uses a"grass roots"approach to develop the alternative fuels market,relying on locally based government/Industry partnerships coordinated by the Department of Energy to expand the use of alternatives to gasoline and diesel fuel. Local decision makers from both the public and private sectors work as volunteer Community and Economic Development Department 3 Initial Study and Environmental Analysis e of these corridors. (See ATSAC) use with the objective of reducing vehicular emissions Staggered Work Hours of air pollutants. TCA1s are specifically called for under A method to reduce traffic the AQAMP congestion during the peak rush hours, by staggering the work start time for employees. Transportation Demand Management (TDM) - A pro- gram of specific measures designed to encourage alter STIP - State Transportation Improvement Program. natives to private automobile use and thereby reduce transportation demand Such measures include carpool the growth and resources in the region and will contain policies and guidelines for local and l subregional planning programs. liability insurance policy required hereunder,but,excepting therefrom,liability arising out of any claim,demand,cause of actions,or proceeding resulting from the negligence of the City,its officers,agents,or employees. e. Grantee,by the acceptance or use of this franchise,agrees to defend at its own cost and expense the City,its officers,agents,and employees against any and all claims, demands,actions,or proceedings brought against them,or any of them,in respect to the matters embraced by the indemnity set forth above. f. Upon the effective date of the franchise, Grantee shall furnish proof that a satisfactory liability insurance policy is in force in the minimum amounts of: Worker's Compensation -- in accordance with California Law; Combined Single Limit General &Motor Vehicle Liability -- $1,000,000. The Worker's Compensation and Liability Insurance Policies shall be maintained throughout the duration of the franchise,with the City named as additional insured. A copy of the insurance certificates shall be filed with the City,and the City shall be notified at least thirty(30)days prior to any cancellation of insurance. g. No privilege or exemption shall be granted or conferred by any franchise granted under this article except those specifically prescribed herein. h. 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 or other public property. SECTION 5. RIGHTS RESERVED TO THE CITY a. The City reserves the right to regulate the rates and fees charged by a grantee to the full extent provided under,and in accordance with the Cable Act and FCC regulations. b. Council will be kept informed of any changes in any and all rates including special programming not included in the above paragraph. c. One connection to the system for basic service shall be furnished free of charge in each public school in the area covered by the CATV franchise. The City Council may require similar free service to hospitals,fire stations,or other similar facilities operated by public. A grantee may impose a charge for non-standard installations and internal wiring equal to its cost of labor and materials. A standard installation shall mean an installation located up to 125 feet from the existing distribution system. d. At all reasonable times,The Grantee shall permit any duly authorized representative of the City to examine all property of the Grantee,together with any appurtenant property of the Grantee situated within the City and to examine and transcribe any and all maps and other records kept or maintained by the Grantee or under its control which are reasonably necessary to monitor grantee's compliance with the terms of its franchise. If any such maps or records are not kept in the City, and if the Council determines that an examination thereof is necessary or 7 not limited to any liability for damages by reason of or arising out of any failure by Grantee to secure consents from the owners,authorized distributors,or licensees of programs to be delivered by Grantee's CATV system)and irrespective of the amount of the comprehensive 6 Unlike traditional"top-down"federal programs,Clean Cities uses a"grass roots"approach to develop the alternative fuels market,relying on locally based government/Industry partnerships coordinated by the Department of Energy to expand the use of alternatives to gasoline and diesel fuel. Local decision makers from both the public and private sectors work as volunteer Community and Economic Development Department 3 Initial Study and Environmental Analysis e of these corridors. (See ATSAC) use with the objective of reducing vehicular emissions Staggered Work Hours of air pollutants. TCA1s are specifically called for under A method to reduce traffic the AQAMP congestion during the peak rush hours, by staggering the work start time for employees. Transportation Demand Management (TDM) - A pro- gram of specific measures designed to encourage alter STIP - State Transportation Improvement Program. natives to private automobile use and thereby reduce transportation demand Such measures include carpool the growth and resources in the region and will contain policies and guidelines for local and l subregional planning programs. appropriate,then grantee shall make such maps and records available at its sole expense. The Grantee shall prepare and furnish to the City Engineer and the Finance Officer, 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. The Grantee shall at all times make and keep in the City full and complete plans and records showing the exact location of all CATV system equipment installed or in use in streets and other public places in the City. SECTION 6. CONSTRUCTION a. The Grantee shall meet or exceed all the material construction and service requirements set out in this franchise.It is the City's intent that Grantee shall not be penalized for minor breaches of the terms of this Ordinance,so long as reasonable efforts are maintained. b. The Grantee shall extend service to any new residence,mobile home park, apartment house,or public facility in the City where the minimum density requirements in Section 2(j)hereof. c. The Grantee shall maintain all,permits,business licenses,and other 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 transmission facilities. d. The City shall have the right to inspect all construction or installation work performed subject to the provisions of the franchise and to make such tests as it shall find necessary to ensure compliance with the terms of the franchise and other pertinent provisions of law. e. Subject to the provisions of the Cable Act and FCC regulations,the Grantee shall provide all residential services to all residents of the City at uniform installation charges and monthly rates. f. Except as provided in Paragraph g and i herein,the Grantee shall construct or install its cables and other line facilities overhead utilizing the poles and other facilities of the Pacific Telephone and Telegraph Company,the General Telephone Company,the Southern California Edison Company,or any other telephone or electric power company operated and maintained pursuant to a State or City granted franchise and regulated as a public utility by the Public Utilities Commission of the State of California,which will not be unreasonably withheld. The Grantee shall have the duty and burden of negotiating and obtaining acceptable pole lease agreements(utility joint use attachment agreements)from said companies. Copies of all such agreements shall be filed with the City Engineer. The Grantee shall not erect or cause to be erected any pole for the use of its Cable Television System without the written consent of the City Engineer. i 8 m the owners,authorized distributors,or licensees of programs to be delivered by Grantee's CATV system)and irrespective of the amount of the comprehensive 6 Unlike traditional"top-down"federal programs,Clean Cities uses a"grass roots"approach to develop the alternative fuels market,relying on locally based government/Industry partnerships coordinated by the Department of Energy to expand the use of alternatives to gasoline and diesel fuel. Local decision makers from both the public and private sectors work as volunteer Community and Economic Development Department 3 Initial Study and Environmental Analysis e of these corridors. (See ATSAC) use with the objective of reducing vehicular emissions Staggered Work Hours of air pollutants. TCA1s are specifically called for under A method to reduce traffic the AQAMP congestion during the peak rush hours, by staggering the work start time for employees. Transportation Demand Management (TDM) - A pro- gram of specific measures designed to encourage alter STIP - State Transportation Improvement Program. natives to private automobile use and thereby reduce transportation demand Such measures include carpool the growth and resources in the region and will contain policies and guidelines for local and l subregional planning programs. g. The Grantee shall not commence construction,of any underground facilities under the provision of this franchise or add to such existing underground system,if any exist,until it first shall have obtained a construction-excavation permit therefore from the City Engineer. The application of the Grantee shall show the following facts:The length,depth,and proposed location of the underground facilities proposed to be laid or constructed;the size and description of the conduit intended to used;and such other facts as the City Engineer may require. The Grantee shall pay any and all inspection and permit fees of the City. Any work undertaken by Grantee pursuant to this Ordinance and shall be completed in a timely manner and in accordance with conditions specified within City permits. h. The cables and appurtenances and equipment constructed,installed,or maintained under the provisions of this franchise shall be constructed,installed,and maintained in a workman like manner,within accepted engineering practices,of the cable television industry and in conformity with all ordinances,rules,or regulations now or hereafter adopted or prescribed by the City. All underground cables laid under the provisions of this franchise shall be of quality material and shall be placed in conduits,unless direct burial is first approved by the City Engineer. i. The Grantee shall not enter or encroach upon or interfere with or obstruct any private property without the express consent of the owner or the agent in possession thereof. The authority and permission given by this franchise shall not be construed to grant or imply any permission or license so to do. j. In the conduct of its business, Grantee shall be allowed to trim trees in order to provide space for its facilities. Such tree trimming shall be done in compliance to existing City ordinances and in a safe and efficient manner with due regard for the health of the trees involved. Grantee shall exercise diligence to assure that trees are trimmed as little as possible and follow practices designed to cause the minimum amount of trauma to the trees being trimmed. All refuse created by tree trimming will be removed and disposed of by Grantee in an acceptable manner. k. Within ninety(90)days following the date in which any facilities are constructed under this franchise,the Grantee shall file a map or maps in such scale and form as may be required by the City Engineer showing the accurate as-built location and size of all its facilities then in place. Upon removal,change,or abandonment of any of its facilities,the Grantee shall,within thirty(30)days thereafter,file a revised map or maps showing the location and size of all such additional,removed,or abandoned facilities as of that date. 1. The Passage of this Ordinance granting this franchise shall not amend or otherwise modify any of the provisions of the generally applicable laws or regulations of the City. The components of the CATV system,other than coaxial cable and appurtenances placed in or over City streets,shall be constructed or placed in accordance with land use laws of the City. m. The Federal Communications Commission(FCC).Rules and Regulations,Part 76, Subpart k(Technical Standards)shall apply. 9 op-down"federal programs,Clean Cities uses a"grass roots"approach to develop the alternative fuels market,relying on locally based government/Industry partnerships coordinated by the Department of Energy to expand the use of alternatives to gasoline and diesel fuel. Local decision makers from both the public and private sectors work as volunteer Community and Economic Development Department 3 Initial Study and Environmental Analysis e of these corridors. (See ATSAC) use with the objective of reducing vehicular emissions Staggered Work Hours of air pollutants. TCA1s are specifically called for under A method to reduce traffic the AQAMP congestion during the peak rush hours, by staggering the work start time for employees. Transportation Demand Management (TDM) - A pro- gram of specific measures designed to encourage alter STIP - State Transportation Improvement Program. natives to private automobile use and thereby reduce transportation demand Such measures include carpool the growth and resources in the region and will contain policies and guidelines for local and l subregional planning programs. SECTION 7. USE OF STREETS a. Subject to the other provisions of this Ordinance,the Grantee shall have the right to construct and maintain in,over,or across any street in the City such poles,wires, cables,conductors,ducts,conduits,manholes,amplifiers,appliances,attachments, and other property as may be reasonably necessary to the Grantee's Cable Television system;provided,however,that the City by the award of this franchise does not confer or agree to confer any right on the Grantee to place its facilities in, over,or across any freeway, State highway,or any other street not owned by or otherwise under the jurisdiction of the City,and any rights or privileges in any streets or other public property granted herein shall be subordinate to any lawful occupancy of such streets or other public property. The Grantee shall not install or erect any facilities or apparatus in or on public property,places or rights-of-way,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 on any tentative subdivision map or master plan approved by the City,except those installed or erected upon public utility facilities now existing, without obtaining the prior written approval of the City Engineer. b. The Grantee shall be permitted to operate in the street to install,construct, maintain,or repair its lines and facilities,provided it first obtains a construction- excavation permit form the City Engineer setting-forth the following provisions. (1) An Agreed upon reasonable number of days within which said work is to completed. If the Grantee keeps the street open for a period exceeding the time specified in the permit,the Grantee shall pay to the City the sum of Fifty Dollars($50.00)per day as liquidated damages. The parties agree that this provision for liquidated damages is not in the nature of a penalty, but is assessed by the parties by reason of the inability to determine the amount of damages which would be incurred by the City in the event of such default; (2) In the case of construction,installation or repair of facilities,the location and manner of construction thereof; (3) That all street crossing(including roadway,parkway,sidewalk,and driveways will be bored and that all pavements and concrete surfaces will be saw-cut,unless expressly waived by the City Engineer; (4) That as soon as such work is completed,all portions of the streets which have been excavated or otherwise damaged thereby shall be repaired and placed in as good condition as they were before the commencement of such work,to the satisfaction of the.City Engineer. c. If any portion of any street shall be damaged by reason of the installation or existence of any facility constructed under this franchise,the Grantee shall,at its own expense immediately following written notification thereof,repair any such damage and put such street in as good condition as it was in before such damage,to the satisfaction of the City Engineer. d. Effect on Traffic-The work of constructing,maintaining or repairing all cable conduits and other facilities and appurtenances of the Grantee shall be conducted with the least possible hindrance to the use of the streets for purposes of travel. 10 develop the alternative fuels market,relying on locally based government/Industry partnerships coordinated by the Department of Energy to expand the use of alternatives to gasoline and diesel fuel. Local decision makers from both the public and private sectors work as volunteer Community and Economic Development Department 3 Initial Study and Environmental Analysis e of these corridors. (See ATSAC) use with the objective of reducing vehicular emissions Staggered Work Hours of air pollutants. TCA1s are specifically called for under A method to reduce traffic the AQAMP congestion during the peak rush hours, by staggering the work start time for employees. Transportation Demand Management (TDM) - A pro- gram of specific measures designed to encourage alter STIP - State Transportation Improvement Program. natives to private automobile use and thereby reduce transportation demand Such measures include carpool the growth and resources in the region and will contain policies and guidelines for local and l subregional planning programs. e. Failure to Perform Street Work-Upon failure of Grantee to commence,pursue,or complete any work required by law or by the provisions of this franchise to be done in any street or other public place,within the time prescribed and to the satisfaction of the City Engineer,the City Engineer may,at his option,cause such work to be done and the Grantee shall pay to the City the cost thereof plus reasonable overhead expenses in the itemized amounts reported by the Finance officer to the Grantee within thirty(30)days after receipt of such itemized report. SECTION 8. REARRANGEMENT OF FACILITIES a. If any of the Grantee's facilities shall endanger the public in the use of the public streets or interfere with or obstruct the use of any street by the public or for public purposes,the City shall have the right to require the Grantee,at the Grantee's expense,to move,alter,or relocate the same(hereinafter called"rearrangement")to avoid such danger,interference,or obstruction,in conformity with the written notice of the City Engineer. b. Whenever,during the existence of this franchise,the City,in the exercise of its governmental authority,as distinguished from its private capacity,shall change the grade,width,or location of any street or improve any street in any manner, including the laying of any sewer, storm drain,conduits,gas,water,or other pipes, or construction any pedestrian tunnels,or other work of the City(the right to do all of which is specifically reserved to the City without any admission on its part that it would not otherwise have such right);and such work shall,in the opinion of the City Engineer,render necessary any change in the position or location of any facilities of the Grantee in the street,including the support thereof,which such work is being done or performed,the Grantee shall,at its own cost and expense,do any and all things to effect such change in position or location in conformity with the written notice of the City Engineer,provided,however,that the City shall not require the Grantee to remove its conduits or lines entirely form such street. c. In case the Grantee shall fail to commence work in compliance with such written notice within thirty(30)days after service of same upon the Grantee(unless the Grantee shall be unable to comply with such notice by reason of strikes,riots,acts of God,or acts of public enemies),the City Engineer may cause the work required in said notice to be done by the City or,at the election of the City,by a private contractor. The Grantee agrees to pay the costs thereof within thirty(30)days after delivery of an itemized bill therefor to it or its local agent or manager. If done by the City directly rather than by a contractor,the cost of doing said work shall be considered the actual cost plus the current rate of overhead being charged by the City for reimbursable work. d. If the Grantee is dissatisfied with any determination of the City Engineer permitted by this Section,it may petition the City Manager to review the same within ten(10) days after such determination. During the pendency of such petition,the work so required to be done shall be suspended. The decision of the City Manager thereon shall be final and conclusive. 11 ntee shall be conducted with the least possible hindrance to the use of the streets for purposes of travel. 10 develop the alternative fuels market,relying on locally based government/Industry partnerships coordinated by the Department of Energy to expand the use of alternatives to gasoline and diesel fuel. Local decision makers from both the public and private sectors work as volunteer Community and Economic Development Department 3 Initial Study and Environmental Analysis e of these corridors. (See ATSAC) use with the objective of reducing vehicular emissions Staggered Work Hours of air pollutants. TCA1s are specifically called for under A method to reduce traffic the AQAMP congestion during the peak rush hours, by staggering the work start time for employees. Transportation Demand Management (TDM) - A pro- gram of specific measures designed to encourage alter STIP - State Transportation Improvement Program. natives to private automobile use and thereby reduce transportation demand Such measures include carpool the growth and resources in the region and will contain policies and guidelines for local and l subregional planning programs. e. In conformity with written notice from the City Engineer,the City shall have the right to require the Grantee to rearrange any part of the Grantee's facilities for the accommodation of the City or of any water,electric,gas,or other utility system now or hereafter owned or operated by the City. Except as provided in Paragraph a of this Section 8,such rearrangement shall be at the City's expense. SECTION 9. SERVICE REQUIREMENTS a. Grantee shall provide the system capability to transmit an emergency alert signal to all participating subscribers in accordance with FCC regulations. b. Grantee shall provide standby power generating capacity at the cable communications system control center and at all hubs. Grantee shall maintain standby power system supplies,rated at least at four(4)hours duration,throughout the distribution networks. c. Grantee at no charge shall provide subscribers,upon request,with a parental control lockout device or code that permits inhibiting the viewing of premium channels. d. The Cable system presently has,and shall at all times maintain,a capacity of sixty (60)channels available for immediate use. By October 31,2000,the Cable system shall have a city-wide available channel capacity of one hundred(100)channels which corresponds to an upper operating frequency of Seven Hundred Fifty Megahertz(750 MHZ). e. The Operator shall make available the equipment specified in Exhibit A attached hereto for use in the local production and presentation of PEG Access Programming. At such time that the equipment listed in Exhibit A is installed and operational,it shall become the property of the City and repair and maintenance shall become the City's responsibility,provided that Operator shall provide reasonable training and basic trouble-shooting assistance. f. The Operator may be required to interconnect its System with other broadband communication facilities. Such interconnection,if agreed to by the City and the Operator,shall be made within the time limit established by the City. The interconnect shall,at the City's discretion,be accomplished according to the method and technical standards determined by the City and generally accepted industry practices. "Broadband communication facility",as used herein,means any network of cable,optical,electrical or electronic equipment,including Cable - Systems,used for the purpose of transmitting telecommunications signals. g. At all times during the term of this Franchise,the Operator shall provide one(1) free"Subscriber drop"connection and one(1)free outlet of Basic Service Tier service(as that term is defined by the FCC)to each school,whether public or private(from kindergarten through 12th grade),within the boundaries of the City which has an average daily enrollment of one hundred(100)or more students ("Schools"). As to new schools coming into existence in the Franchise Area after the date hereof,the Operator's obligation to provide such service shall arise ninety (90)days after notification by the City to the Operator of the existence of the school. At such a time as any part of the System is capable of providing high speed data delivery via Cable Modem and makes same commercially available to subscribers or users within the City,free installation and free service of one(1)Cable Modem. shall be provided to each school and library. 12 vernment/Industry partnerships coordinated by the Department of Energy to expand the use of alternatives to gasoline and diesel fuel. Local decision makers from both the public and private sectors work as volunteer Community and Economic Development Department 3 Initial Study and Environmental Analysis e of these corridors. (See ATSAC) use with the objective of reducing vehicular emissions Staggered Work Hours of air pollutants. TCA1s are specifically called for under A method to reduce traffic the AQAMP congestion during the peak rush hours, by staggering the work start time for employees. Transportation Demand Management (TDM) - A pro- gram of specific measures designed to encourage alter STIP - State Transportation Improvement Program. natives to private automobile use and thereby reduce transportation demand Such measures include carpool the growth and resources in the region and will contain policies and guidelines for local and l subregional planning programs. SECTION 10. PROGRAM ORIGINATION FACILITIES a. The Grantee,at its expense,shall provide equipment,staff,and technical service for video program origination in conformance to Section N-Q 16 of the Grantee's Proposal. b. The Grantee's obligations for video program origination shall be in force for the entire term of this franchise. _ c. The parties shall negotiate in good faith the timing of delivery of services at the request of either party. d. The Grantee may present commercial advertising programs and charge for such service. e. The City, School District,and any other public or quasi-public agency shall have the right to use said studio and the equipment at reasonable times,reasonable rates, and for reasonable periods. Schedules and priorities shall be established by the Grantee with the approval of the City Manager. SECTION 11. RATES TO CUSTOMERS a. The City reserves the right to regulate all rates,fees,and charges made by Grantee for any and all of its services performed or made available in the operation of its Cable Television System in the City to the extent permitted under the Cable Act and FCC regulations. �✓ SECTION 12. SERVICE,OPERATION,AND MAINTENANCE a. The Grantee shall operate the CATV system continuously a twenty-four(24)hour per day, seven(7)days per week basis. It shall be the right of all subscribers to receive all available services insofar as their financial and other obligations to the Grantee are honored. In the event that the Grantee elects to overbuild,rebuild, modify,or sell the system or the City gives notice of intent to terminate or fails to renew this franchise,the Grantee shall act so as to insure that all subscribers receive continuous,uninterrupted service;provided,however,that in the event of termination, Grantee shall only be obligated to continue providing service for six(6) months. b. In the event a new operator acquires the system,the Grantee shall cooperate with the City and the new operator in maintaining continuity of service to all subscribers. During such period which shall not exceed 120 days,the Grantee shall be entitled to the revenues for any period during which it operates the system,and shall be entitled to reasonable costs for its services when it no longer operates the system. c. In the event the Grantee fails to operate the system for ten(10) consecutive days for reasons within its reasonable control without prior approval of the City or without just cause,the City may,at its option,operate the system or designate an operator until such time as the Grantee restores service under conditions acceptable to the City or the franchise is terminated and a permanent operator is selected If the City is required to fulfill this obligation for the Grantee,the Grantee shall reimburse the City for all reasonable costs or damages in excess of revenues from the system received by the City that are the result of the Grantee's failure to perform. 13 ovide such service shall arise ninety (90)days after notification by the City to the Operator of the existence of the school. At such a time as any part of the System is capable of providing high speed data delivery via Cable Modem and makes same commercially available to subscribers or users within the City,free installation and free service of one(1)Cable Modem. shall be provided to each school and library. 12 vernment/Industry partnerships coordinated by the Department of Energy to expand the use of alternatives to gasoline and diesel fuel. Local decision makers from both the public and private sectors work as volunteer Community and Economic Development Department 3 Initial Study and Environmental Analysis e of these corridors. (See ATSAC) use with the objective of reducing vehicular emissions Staggered Work Hours of air pollutants. TCA1s are specifically called for under A method to reduce traffic the AQAMP congestion during the peak rush hours, by staggering the work start time for employees. Transportation Demand Management (TDM) - A pro- gram of specific measures designed to encourage alter STIP - State Transportation Improvement Program. natives to private automobile use and thereby reduce transportation demand Such measures include carpool the growth and resources in the region and will contain policies and guidelines for local and l subregional planning programs. d. Grantee shall provide a fully equipped service organization with adequate staff and facilities for maintenance of its CATV system and for furnishing service to its customers and prospective customers. e. The Grantee shall not refuse service to any resident whose property is adjacent to a public right-of-way in which a cable is laid or strung,unless: (1) Access thereto is unavailable;or (2) The subscriber has not paid the applicable connection fee or monthly service charge. f. The Grantee shall provide the means to accept complaint calls twenty-four(24) hours a day,seven(7)days a week. Inquires and complaint calls shall be accepted in person between 9:00 a.m. and 5:00 p.m.,seven(7)days a week. g. Any service complaint from subscribers shall be investigated and acted upon as soon as possible. Any service complaint shall be resolved within three(3)calendar days. The Grantee shall credit a subscriber's account on a pro-rate basis for loss of service commencing forty-eight(48)hours after notification. h. The Grantee shall keep maintenance service log which will indicate the nature of each service complaint,its location,the date and time it was received,the disposition of said complaint,and the time and date thereof. This log shall be made available for periodic inspection by the City. i. As subscribers are connected or reconnected to the system,the Grantee shall,by appropriate means,such as a card or brochure,furnish information concerning the procedures for making inquiries or complaints,including the name,address,and local telephone number of the employee or employees or agent to whom such inquiries or complaints are to be addressed,and furnish information concerning the City office responsible for administration of the franchise with the address and telephone number of the office. j. The Grantee shall provide written notice to each subscriber,at intervals of not more than one(1)year,of the procedure for reporting and resolving subscriber complaints,including the subscriber's right to complain in writing to the City of the Grantee's failure to resolve a service complaint which is preventable and reasonably within the Grantee's control. The proper address of the city of Grantee to which complaints may be directed shall be included in such notice. k. When there have been similar complaints made or where there exists other evidence which,in the judgment of the City Manager,casts reasonable doubt on the reliability or quality of the cable service,the City Manager shall have the right to compel the Grantee to test,analyze,and report on the performance of the system in order to protect the public against substandard cable service. Such test or tests shall be made,and the report thereof shall be delivered to the City Manager no later than THIRTY(30)days after the City Manager notifies the Grantee that he is exercising such right. Such report shall include the following information: (1) The nature of the complaints which precipitated the special test; (2) What system component was tested; 14 existence of the school. At such a time as any part of the System is capable of providing high speed data delivery via Cable Modem and makes same commercially available to subscribers or users within the City,free installation and free service of one(1)Cable Modem. shall be provided to each school and library. 12 vernment/Industry partnerships coordinated by the Department of Energy to expand the use of alternatives to gasoline and diesel fuel. Local decision makers from both the public and private sectors work as volunteer Community and Economic Development Department 3 Initial Study and Environmental Analysis e of these corridors. (See ATSAC) use with the objective of reducing vehicular emissions Staggered Work Hours of air pollutants. TCA1s are specifically called for under A method to reduce traffic the AQAMP congestion during the peak rush hours, by staggering the work start time for employees. Transportation Demand Management (TDM) - A pro- gram of specific measures designed to encourage alter STIP - State Transportation Improvement Program. natives to private automobile use and thereby reduce transportation demand Such measures include carpool the growth and resources in the region and will contain policies and guidelines for local and l subregional planning programs. (3) The equipment used and procedures employed in said testing; (4) The results of such tests;and (5) The method in which such complaints were resolved. Any other information pertinent to the special test shall be recorded. SECTION 13. INSPECTION AND REPORTS a. The Grantee shall file with the City Clerk a copy of ANY report involving its Grand Terrace Cable Television System made to the FCC as well,as a copy of ANY report made to any State agency which in the future may regulate such system. SECTION 14. EVALUATION SESSIONS a. The City and the Grantee shall hold scheduled evaluation sessions with thirty(30) days of the third,sixth,ninth,and twelfth anniversary dates of the granting of this franchise. All such evaluation sessions shall be open to the public and advertised in a newspaper of local circulation at least five(5)days before each session. The sessions shall be held at such place,date,and time and before such body or officer as the City shall determine. The purpose of the sessions shall be to evaluate the performance of the Grantee in fulfilling its obligation under this franchise and quality of its service to the public. Subject for discussion may include,but shall not be limited to,service rate structure,free or discounted service,application of new technologies,system performance,services provided,programming offered, customer complaints,privacy and civil rights,amendments to this Ordinance, statutes of Congress,and the Legislature and judicial and FCC rulings. b. The City may hold special evaluation sessions at any time during the term of this franchise in the event it has reasonable grounds to believe Grantee is not in compliance with one or more material terms of its franchise. The Grantee shall be notified of the place,time,and date thereof and the topics to be discussed. Such sessions shall be open to the public and advertised in a newspaper of local circulation at least five(5)days before each session. SECTION 15. REMEDIES FOR FRANCHISE VIOLATIONS a. In addition to the penalties for delays in construction as specified in this Ordinance, in the event Grantee violates any material provision of the franchise,provided that Grantee has not commenced corrective action within thirty(30)days written notice by certified mail to the General Manager of the Grantee:the City may require the payment of liquidate damages,not to exceed One Hundred dollars($100)per day or per incident,for Grantee's individual willful and/or repeated violation of the franchise or failure to take corrective action with respect to a violation of any provision of the franchise; b. In the event the stated violation is not reasonably curable within sixty(60)days,the franchise will not be terminated or revoked or a penalty imposed if the Grantee provides,within the said sixty(60)days,a plan,satisfactory to the Grantor,to remedy the violation and continues to demonstrate good faith in seeking the correct said violation. 15 itated the special test; (2) What system component was tested; 14 existence of the school. At such a time as any part of the System is capable of providing high speed data delivery via Cable Modem and makes same commercially available to subscribers or users within the City,free installation and free service of one(1)Cable Modem. shall be provided to each school and library. 12 vernment/Industry partnerships coordinated by the Department of Energy to expand the use of alternatives to gasoline and diesel fuel. Local decision makers from both the public and private sectors work as volunteer Community and Economic Development Department 3 Initial Study and Environmental Analysis e of these corridors. (See ATSAC) use with the objective of reducing vehicular emissions Staggered Work Hours of air pollutants. TCA1s are specifically called for under A method to reduce traffic the AQAMP congestion during the peak rush hours, by staggering the work start time for employees. Transportation Demand Management (TDM) - A pro- gram of specific measures designed to encourage alter STIP - State Transportation Improvement Program. natives to private automobile use and thereby reduce transportation demand Such measures include carpool the growth and resources in the region and will contain policies and guidelines for local and l subregional planning programs. c. In determining which remedy or remedies for Grantee's violation are appropriate, the City shall take into consideration the nature of the violation, the nature of the remedy required in order to prevent further such violations,and such other matters as the City may deem appropriate,provided,however,that adequate penalties must be imposed if service is in any way materially lessened,or if any material provision of this franchise is not complied with. d. In the event a dispute continues to exist after City has completed its findings with respect to a franchise violation, City and Grantee agree to submit the matter to impartial arbitration prior commencing any action to obtain relief through the judicial process. The arbitration costs shall be borne equally by City and Grantee. SECTION 16. PROHIBITED ACTIVITIES a. Whenever,pursuant to the franchise,Grantee shall make available for inspection by the City or submit to City reports containing information considered proprietary by the Grantee, City shall not disclose or release such reports or information to the public without Grantee's prior written consent. SECTION 17. RIGHTS OF INDIVIDUALS PROTECTED a. The Grantee shall not deny service,deny access,or otherwise discriminate against subscribers,programmers,or general citizens on the basis of race,color,religion, national origin,sex or age. The Grantee shall adhere to the equal employment opportunity requirements of the FCC,as expressed in Section 76.13 (a)(8)and 76.311 of Chapter 1 of Title 47 of the code of Federal Regulations. The Grantee shall comply at all times with all other applicable Federal, State,and City laws,and all executive and administrative orders relating to non-discrimination. b. Neither the Grantee nor any person,agency,or entity shall,without the subscriber's consent,tap,or arrange for the tapping,of any cable,line,signal input device,or subscriber outlet or receiver for any purpose except routine maintenance of the system,polling with audience participation,or audience viewing surveys to support advertising research regarding viewers where individual viewer behavior cannot be identified c. In the conduct of providing its services or pursuit of any collateral commercial enterprise resulting therefrom, Grantee shall take any and all necessary action to prevent an invasion of a subscriber's or general citizen's right to privacy or other personal rights as such rights are delimited and defined by applicable law. Grantee shall not without lawful court order or other applicable valid legal authority utilize the system's interactive two-way equipment or capability for unauthorized personal surveillance of any subscriber or general citizen. d. No cable line,wire,amplifier,converter,or other piece of equipment owned by Grantee shall be installed by Grantee without first securing the written permission of the owner of any property involved or subscriber occupying said property; provided,however,that where the property owner has granted an easement or a servitude to another and the servitude by its terms contemplates uses such as the Grantee intended use,Grantee shall not be required to secure the written permission of the owner or subscriber occupying said property for the installation of cable television equipment or facilities unless Grantee elects to do so. If permission is later revoked,whether by the original or a subsequent owner,the Grantee shall 16 of Energy to expand the use of alternatives to gasoline and diesel fuel. Local decision makers from both the public and private sectors work as volunteer Community and Economic Development Department 3 Initial Study and Environmental Analysis e of these corridors. (See ATSAC) use with the objective of reducing vehicular emissions Staggered Work Hours of air pollutants. TCA1s are specifically called for under A method to reduce traffic the AQAMP congestion during the peak rush hours, by staggering the work start time for employees. Transportation Demand Management (TDM) - A pro- gram of specific measures designed to encourage alter STIP - State Transportation Improvement Program. natives to private automobile use and thereby reduce transportation demand Such measures include carpool the growth and resources in the region and will contain policies and guidelines for local and l subregional planning programs. remove forthwith any of its equipment which is visible and moveable and promptly restore the property to its original condition. e. The Grantee shall not sell or otherwise make available lists of the names and addresses of subscribers,or any list which identifies,by name,subscriber viewing habits,or personalized data pertaining to a subscriber's use of any of Grantee's services without the consent,express or implied,of the subscriber to which the personalized data pertains.For purposes of this Section,"personalized data"shall mean the name and address of an individual subscriber directly associated with data obtained on his or her use of specific services provided by or through the Grantee. Nothing herein shall be construed to prevent,as a normal incident of commercial enterprises,the same or availability of"non-personalized"or"aggregated data" which is not personalized data as defined herein. f. Grantee shall be required to provide service to individual units of a multiple housing facility with all services offered to other dwelling units within the City,so long as the owner of the facility consents in writing,if required by Grantee,to the following: (1) To Grantee's providing of the service to units of the facility; (2) To reasonable conditions and times for installation,maintenance,and inspection of the system on the facility premises; (3) To reasonable conditions promulgated by Grantee to protect Grantee's equipment and to encourage widespread use of the system. SECTIION 18. TERMINATION a. Revocation-In additional to any rights set out elsewhere in this document,the City reserves the right to revoke the franchise,and all rights and privileges pertaining thereto,in the event that: (1) The Grantee willfully or repeatedly violates any material provision of the franchise;or (2) The Grantee's construction schedule is delayed for over 10 months;or (3) Subject to the provisions of this Ordinance,the Grantee becomes insolvent, is involuntarily adjudged as bankrupt,or files a voluntary petition for relief under the Bankruptcy Act;or (4) The Grantee is adjudged to have practiced any fraud or deceit upon the City and such judgment becomes final after all appeals are exhausted according to law Upon failure of the Grantee to comply with the terms of the franchise or to commence appropriate corrective action within sixty(60)days after receiving written notice by certified mail to the General Manager of the Grantee of such noncompliance from the City,the City may hold a public hearing to consider the option of revocation of the franchise: The City shall give the Grantee at least thirty •(30)days advance written notice of such hearing and shall also publish such notice in advance in a newspaper with local circulation, If,after such hearing,at which Grantee shall be afforded all due process of law including the right to appear and be 17 bscriber occupying said property; provided,however,that where the property owner has granted an easement or a servitude to another and the servitude by its terms contemplates uses such as the Grantee intended use,Grantee shall not be required to secure the written permission of the owner or subscriber occupying said property for the installation of cable television equipment or facilities unless Grantee elects to do so. If permission is later revoked,whether by the original or a subsequent owner,the Grantee shall 16 of Energy to expand the use of alternatives to gasoline and diesel fuel. Local decision makers from both the public and private sectors work as volunteer Community and Economic Development Department 3 Initial Study and Environmental Analysis e of these corridors. (See ATSAC) use with the objective of reducing vehicular emissions Staggered Work Hours of air pollutants. TCA1s are specifically called for under A method to reduce traffic the AQAMP congestion during the peak rush hours, by staggering the work start time for employees. Transportation Demand Management (TDM) - A pro- gram of specific measures designed to encourage alter STIP - State Transportation Improvement Program. natives to private automobile use and thereby reduce transportation demand Such measures include carpool the growth and resources in the region and will contain policies and guidelines for local and l subregional planning programs. heard,the City shall determine that the franchise should be revoked, City must advise the Grantee of its decision in writing and may by ordinance declare a forfeiture,whereupon all rights of the holders of the franchise shall immediately be divested without a further act upon the part of the City,and the Grantee may remove its structure or property from the streets and restore the streets to such condition as the City may reasonably require. b. The City shall have the right to revoke the franchise one hundred and twenty(120) days after the appointment of a receiver,or trustee,to take over and conduct the business of the Grantee,whether in receivership,reorgar►i7ation,bankruptcy,or other action or proceeding,unless such receivership or trusteeship shall have been vacated prior to the expiration of said one hundred and twenty(120)days,or unless: (1) Within one hundred and twenty(120)days after his election or appointment,such receiver or trustee shall have fully complied with all the provisions of the franchise and remedied all defaults thereunder;and (2) Such receiver or trustee,within said one hundred and twenty(120)days, shall have executed an agreement,duly approved by the court having jurisdiction in the premises,whereby such receiver or trustee assumes and agrees to be bound by each and every provision of the franchise. SECTION 19. RIGHT TO PURCHASE SYSTEM The Cify may in any lawful manner and upon the payment of a fair valuation lawfully ascertained and agreed to by Grantee,purchase,the property and plant of the Grantee if such purchase or taking over be upon revocation of the franchise or at the expiration of the term of the franchise,such valuation shall not include any sum for the value of the franchise and such plant and property shall be valued according to its appraised fair market value. In the event the City shall terminate the franchise pursuant to the provisions of Section 20,Paragraph c,of this Ordinance,it shall reimburse Grantee for the appraised fair market value of the system,including both tangible and intangible assets. SECTION 20. SEPARABILITY a. Notwithstanding any other provisions of this franchise to the contrary,Grantee shall at all times comply with all laws and regulations of the general applicability promulgated by State and Federal governments or any administrative agency thereof. b. If any Section,subsection,sentence,clause,phrase,or word of this franchise is for any reason held invalid or unconstitutional by any court or governmental body of competent jurisdiction,such Section,subsection,sentence,clause,phrase,or word shall be deemed a separate,distinct,and independent provision,and such holding shall not affect validity of the remaining provisions hereof. c. Should the State of California,the FCC,or any other agency of the Federal government subsequently require the Grantee to perform or cease to perform any act which is inconsistent with any provisions of the franchise,the Grantee shall so notify the City. Upon receipt of such notification,the City shall determine if a material provision of the franchise is affected. Upon such determination,the City shall have the right to modify or amend any of the Sections of the franchise to such 18 elevision equipment or facilities unless Grantee elects to do so. If permission is later revoked,whether by the original or a subsequent owner,the Grantee shall 16 of Energy to expand the use of alternatives to gasoline and diesel fuel. Local decision makers from both the public and private sectors work as volunteer Community and Economic Development Department 3 Initial Study and Environmental Analysis e of these corridors. (See ATSAC) use with the objective of reducing vehicular emissions Staggered Work Hours of air pollutants. TCA1s are specifically called for under A method to reduce traffic the AQAMP congestion during the peak rush hours, by staggering the work start time for employees. Transportation Demand Management (TDM) - A pro- gram of specific measures designed to encourage alter STIP - State Transportation Improvement Program. natives to private automobile use and thereby reduce transportation demand Such measures include carpool the growth and resources in the region and will contain policies and guidelines for local and l subregional planning programs. reasonable extent as may be necessary to carry out the full intent and purpose of the franchise. SECTION 21. FORCE MAJEURE: GRANTEE'S INABILITY TO PERFORM In the event Grantee's performance of any of the terms,conditions,obligations,or requirements of this franchise is prevented or impaired due to any cause beyond its reasonable control or not reasonably foreseeable,such inability to perform shall be deemed to be excused,an no penalties or sanctions shall be imposed as a result thereof. Such causes beyond Grantee's reasonable control or not shall include,but shall not be limited to,acts of God,civil emergencies,and labor unrest or strikes. SECTION 22. EFFECTIVE DATE This Ordinance shall take effect thirty(30)days after its adoption. SECTION 23. POSTING The City Clerk shall cause this Ordinance to be posted in three(3)public places designated for such purpose by the City Council. SECTION 24. First introduced and read at a regular meeting of the City Council of said City held on September 23, 1999 and finally adopted and ordered posted at a regular meeting of said City Council on the October 14, , 19::)99. ATTEST: • ity Clerk of the City of Gr d or of the City of Grand errace Terrace and of the City Council and of the City Council thereof Thereof. Approved as to form: Ja City Attorney 19 N 19. RIGHT TO PURCHASE SYSTEM The Cify may in any lawful manner and upon the payment of a fair valuation lawfully ascertained and agreed to by Grantee,purchase,the property and plant of the Grantee if such purchase or taking over be upon revocation of the franchise or at the expiration of the term of the franchise,such valuation shall not include any sum for the value of the franchise and such plant and property shall be valued according to its appraised fair market value. In the event the City shall terminate the franchise pursuant to the provisions of Section 20,Paragraph c,of this Ordinance,it shall reimburse Grantee for the appraised fair market value of the system,including both tangible and intangible assets. SECTION 20. SEPARABILITY a. Notwithstanding any other provisions of this franchise to the contrary,Grantee shall at all times comply with all laws and regulations of the general applicability promulgated by State and Federal governments or any administrative agency thereof. b. If any Section,subsection,sentence,clause,phrase,or word of this franchise is for any reason held invalid or unconstitutional by any court or governmental body of competent jurisdiction,such Section,subsection,sentence,clause,phrase,or word shall be deemed a separate,distinct,and independent provision,and such holding shall not affect validity of the remaining provisions hereof. c. Should the State of California,the FCC,or any other agency of the Federal government subsequently require the Grantee to perform or cease to perform any act which is inconsistent with any provisions of the franchise,the Grantee shall so notify the City. Upon receipt of such notification,the City shall determine if a material provision of the franchise is affected. Upon such determination,the City shall have the right to modify or amend any of the Sections of the franchise to such 18 elevision equipment or facilities unless Grantee elects to do so. If permission is later revoked,whether by the original or a subsequent owner,the Grantee shall 16 of Energy to expand the use of alternatives to gasoline and diesel fuel. Local decision makers from both the public and private sectors work as volunteer Community and Economic Development Department 3 Initial Study and Environmental Analysis e of these corridors. (See ATSAC) use with the objective of reducing vehicular emissions Staggered Work Hours of air pollutants. TCA1s are specifically called for under A method to reduce traffic the AQAMP congestion during the peak rush hours, by staggering the work start time for employees. Transportation Demand Management (TDM) - A pro- gram of specific measures designed to encourage alter STIP - State Transportation Improvement Program. natives to private automobile use and thereby reduce transportation demand Such measures include carpool the growth and resources in the region and will contain policies and guidelines for local and l subregional planning programs. ORDINANCE NO. 188 I, Brenda Stanfill, City Clerk of the City of Grand Terrace, do hereby certify that the foregoing Ordinance was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 14th day of October, 1999, by the following vote: AYES: Councilmembers Hilkey, Garcia, and Larkin; Mayor Pro Tem Buchanan; Mayor Matteson NOES: None ABSENT: None ABSTAIN: None City Clerk 10833,21093,21094,21151;Sunstrom v. County of Mendocino,202 Cal.App.3d 296(1984 Le000ff v.Monterey Board of Supervisors,22 CaLApp.3d 1337(1990) c:\wp61\..\planning\john\air\e981 S.is Community and Economic Development Department 19 Initial Study and Environmental Analysis fice\wpwin\wpdocs\planning\gpa\resoluti.air