HomeMy WebLinkAboutOrdinance No. 2362 ORDINANCE NO. 2362
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AZUSA AMENDING ORDINANCE NOS.
1077 AND 1092 REGARDING CABLE TELEVISION
The City Council of the City of Azusa does ordain
as follows:
SECTION 1. Section 14 . 01(g) of the Azusa Municipal
Code is amended to read as follows:
" 'Gross Revenues ' shall mean any and all
revenue or compensation in any form, including
grants, subsidies, exchanges or otherwise, derived
directly or indirectly by the Grantee, its
affiliates, subsidiaries, parents, and any person
in which Grantee has a financial interest, from the
operation of the cable television system authorized
hereunder, including but not limited to monthly
subscriber fees for basic cable service, pay cable
and pay-per-view fees, installation and
reconnection fees, leased channel fees, interactive
service fees, fees paid for transmission capacity,
converter rentals, studio rentals, production
equipment and personnel fees, advertising revenues
and copyright fees; provided, however, that this
term shall not include any taxes on services
furnished by •the Grantee imposed directly on any
subscriber or user by a city, county, state or
other governmental unit, and collected by Grantee
on behalf of such governmental entity, such as an
utility users tax. "
SECTION 2 . Section 14.03 . 01 of the Azusa Municipal
Code is amended to read as follows:
"BASIC SERVICE. The cable television service
permitted to be installed and operated shall:
(1) be operationally capable of delivering not
less than forty (40) audio/visual channels to
residential subscribers with the technical
capacity for two-way operational
communications with audio and video return in
compliance with the technical guidelines of
the Federal Communications Commission.
( 2) subject to subsection 4 of this section,
establish, furnish, operate and maintain
within the City of Azusa one fully-equipped
stationary color studio.
( 3) subject to subsection 4 of this Section,
operate, furnish and maintain at least one
mobile studio fully equipped for television
production for use for the residents of the
franchise area.
( 4) provide, as compliance with the requirements
of subsections 2 and 3 of this Section
relating to the furnishing of studios,
substantially the following equipment:
10 Television sets
2 Studio cameras with cases
2 Portable cameras
2 Portable VTR' s
2 Electro-voice shotgun mikes
1 Audio cassette deck
1 3-gang monitor
1 Buhl mobile multiplexer film chain
1 Panasonic NV9500 editor
1 Panasonic A950 editor controller
4 1/2-inch video tape recorders
7 3/4-inch video tape recorders
1 3/4-inch video tape player
2 Panasonic camera tripods
20 Berkey Colortran studio lights
10 Berkey Colortran light stands
Misc. lighting accessories and cables
1 Tripod case
1 Case for special effects generator and
CCU' s
1 Video Data Systems titler
2 Panasonic special effects generators
6 Otari audio tape players
1 Berkey Colortrran lighting case
2 Lapel mikes
Misc. audio cables and connectors
Misc. video cables and connectors
( 5) provide at least one (1) channel, without
charge, for exclusive use of the City;
( 6) provide at least one ( 1) channel for
educational and public access use. "
SECTION 3 . Section 14.03.03 of the. Azusa Municipal
Code is amended by adding subparagraphs 5, 6 and 7 to read
as follows:
" ( 5) notify all residents personally or in
writing, twice in advance: once at least twenty
( 20) days, and once, no more than three ( 3) days,
before entering private property or road parkway
areas in connection with construction or
reconstruction of the cable television system.
(6 ) properly identify its employees, agents or
contractors prior to entry on private property.
Identification shall include the name and telephone
number of grantee on all trucks and vehicles used
by installation personnel.
(7) restoring, after performance of work, all
property as nearly as possible to its original
condition. "
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SECTION 4. Section 14. 03.04(1) of the Azusa
Municipal Code is amended to read as follows:
"With respect to the local government channel, the
grantee shall provide, at the request of the City
Administrator and at no charge to the City, use of
grantee ' s studio, equipment and technical services
for production of live and videotape municipal
programs, subject to scheduling requirements of the
grantee; "
SECTION 5 . Section 14 . 05. 01 of the Azusa Municipal
Code is amended to read as follows:
"PERCENTAGE. Any grantee granted a franchise shall
pay to the City, during the term of such franchise,
a franchise fee equal to three percent ( 3%) of
grantee ' s gross revenues; provided, however the
City may increase the franchise fee not to exceed
five percent ( 5%) of grantee ' s gross revenues or
the maximum permitted by law, whichever is greater;
such franchise fee increase may be effectuated by
the adoption of a resolution by the City Council,
without further public hearing or amendment of this
title. No increase in the franchise fee shall be
implemented without providing the grantee at least
60 days notice of the increase of the franchise
fee. "
SECTION 6 . Section 14.08.01 of the Azusa Municipal
Code is amended to read as follows:
"PERFORMANCE BOND. Grantee shall meet the
following performance bond requirements:
(1) Concurrently with the acceptance of the award
of any franchise, grantee shall file a
faithful performance bond in the sum of not
less than Fifty Thousand Dollars ($50,000) ,
payable to the City and executed by a
corporate surety licensed to transact business
as a surety in the State of California. Such
bond shall be conditioned upon faithful
performance by grantee of the terms and
conditions of the franchise and shall provide
that, in case of any breach of material
conditions, the whole amount of the penal sum
shall be deemed to be liquidated damages and
shall be payable to the City by any principal
and sureties of the bond.
( 2) The faithful performance bond shall continue
to exist for one (1) year following approval
of any sale, transfer, assignment or other
change of ownership of the franchise, or of
the expiration or termination of franchise.
( 3) The bond may be reduced to the amount of
Fifteen Thousand Dollars ($15,000 .00)
following approval of any sale, transfer,
assignment or other change of ownership of the
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franchise, or of the expiration or termination
of franchise.
(4) At its sole option, the City may accept
Certificates of Deposit, Cash Deposits, or
U.S. Government Securities in lieu of
commercial bonds to meet above bonding
requirements. Such alternative bonds shall be
made payable to and deposited with the City.
SECTION 7 . Section 14.08. 05 of the Azusa Municipal
Code is amended to read as follows:
"INSURANCE REQUIRED. Grantee shall meet the
following indemnification and insurance
requirements:
(1) Without limiting grantee ' s indemnification of
City, grantee shall file with the City
concurrently with the acceptance of the
franchise and thereafter maintain at its own
expense during the term of the franchise the
following programs of insurance covering its
operations under the franchise. Such
insurance shall be provided by insurer(s)
satisfactory to the City. Insurance policies
and certificates evidencing coverage shall
name the City, its officers, agents, and
employees as additional insureds in respect to
grantee ' s operations under the franchise.
Such evidence shall specifically identify this
franchise and shall contain express conditions
that City is to be given written notice by
registered mail at least thirty ( 30) days in
advance of any modification or termination of
any program of insurance:
(a) Liability: Such insurance shall be
primary to and not contributing with any
other insurance maintained by City, shall
name the City as an additional insured,
and shall include, but not be limited to:
( i ) Comprehensive General Liability
insurance endorsed for Premises-
Operations, Products/Completed
Operations, Contractual, Broad Form
Property Damage and Personal Injury
with a combined single limit of not
less than One Million Dollars
($1,000,000) per occurrence.
If the above insurance is written on
a Claims Made Form, such insurance
shall be endorsed to provide an
extended reporting period of not
less than five years following
termination of the policy.
( ii) Comprehensive Auto Liability
endorsed for all owned, non-owned,
and hired vehicles with a combined
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single limit of a least One Million
Dollars ($1,000, 000) per occurrence.
( iii) Copyright Infringement Liability
with a combined single limit of not
less than One Million Dollars
($1,000,000) per occurrence and
insuring against any and all claims,
actions, demands and liability by
reason of any copyright infringement
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 cable
television system, or arising out of
the exercise or enjoyment of its
franchise.
( 2) Failure on the part of the grantee to procure
or maintain required insurance and bonding
shall constitute a material breach of this
franchise upon which the City may immediately
terminate or suspend this franchise. "
SECTION 8. Section 5 of Ordinance No. 1092 of
the City of Azusa is hereby amended to read as follows:
"As consideration for granting this Franchise and
the rights and privileges thereof, Grantee, during
each calendar year or fraction thereof during the
term hereof, shall pay to the City of Azusa three
percent ( 3%) of its gross revenues from the
operation of this system, or such greater
percentage as may be established by the City
Council pursuant to resolution. No increase of the
franchise fee shall be implemented without
providing the Grantee at least 60 days notice of
the increase of the franchise fee. "
SECTION 9. Section 8 of Ordinance 1092 of the
City of Azusa is hereby amended to read as follows:
"This Ordinance shall become effective thirty ( 30)
days from and after its passage and adoption;
provided, however, that the Franchise hereby
granted shall not become effective unless and until
Grantee files with the City Clerk written
acceptance thereof and an agreement to be bound by
and comply with all of the requirements thereof,
and delivers to the City Clerk the bonds and
insurance policy required to be furnished,
including performance bonds as required by Section
14.08.01, and 14.08.02 of the Azusa Municipal Code
in the amount of $50,000.00, each, all pursuant to
the provisions of Title 14 of the Azusa Municipal
Code. "
SECTION 10. The City Clerk shall certify to the
passage of this Ordinance and shall cause the same to be
published as required by law.
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PASSED AND APPROVED this 4th day of January, 1988 .
fr'gW MAYOR
ATTEST:
CI ' CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF AZUSA
I, ADOLPH A. SOLIS, City Clerk of the City of Azusa, do
hereby certify that the foregoing Ordinance 2362 was regularly
introduced and placed upon its first reading at a regular
meeting of the City Council on the 21st day of December, 1987 .
That thereafter, said Ordinance was duly adopted and passed at
a regular meeting of the City Council on the 4th day of January,
1988, by the following vote, to wit:
AYES: COUNCILMEMBERS: AVILA, COOK, CRUZ, LATTA, MOSES
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
A6OL 7A. (-S0 IS, CITY CLERK
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