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HomeMy WebLinkAboutORD 62ORDINANCE NO. 62 AN ON')INANCE OP THE CITY COUNCIL OP THE C -Y OF PALM DESERT, CALIFORNIA, ESTABI RING T1IE PROCEDURE FOR THE ISSUA.M.— OF A NON-EXCLUSIVE LICENSE TO CONSTRUCT, OPERATE AND MAINTAIN A TEIW FSIVA ANTENNA CABLE SERVICE. The City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN as follows: SECTION It This ordinance establishes the procedure, terms and conditfons for the issuance, by the City Council of the City of Palm Desert, of a non-exclusive license from present date until August 30, 1990, to construct, operate and maintain a television antenna cable service in the incorporated area of the City of Palm Desert. SECTION 2: Applications for a license shall be made in writing to the City Council. No particular form of appli- cation shall be required: however, an applicant shall be required to supply such information as the City Council may thereafter request, whether orally or in writing, in order to make its determination regarding the issuance of a license. SECTION 3: If the City Council determines that a license should be issued, it shall be in substantially the following form: 'A YOU -EXCLUSIVE LICENSE OF THE CITY OF PALM DESERT FROM PRESENT DATE UNTIL AUGUST 30, 1990, TO CONSTRUCT, OPERATE AND MAINTAIN A TELEVISION ANTENNA CABLE SERVICE ALONG, UNDER AND ACROSS THE PUBLIC ROADS, AS THEY NOW OR MAY HEREAFTER EXIST IN THE INCORPORATED CITY OF PALM DESERT. (1) A non-exclusive license is hereby granted to Coachella Valley Television herein called 'Licensee", to and including August 30, 1990 from the date hereof to construct, operate and maintain a television antenna cable service along, under and across the public roads as they now or may hereafter exist in the incorporated area of the City of Palm Desert for transmitting and distributing electrical impulses page 1. and signals to produce reproductions of sights an4 sonnets for television or radio purposes. (a) public roads" as used in this liconse means any public highway, road, street, lane, alley, court, sidewalk, parkway, or easement therefor, dedicated or offered for dedication to the City of Palm Dessert. (2) Licensee shall: (a) Construct, install and maintain all equipment and facilities in accordance with all requirements of the City, and shall make no installation or excavation, in, on or over any road under City's jurisdiction Without first obtaining an encroachment permit under County Ordinance No. 499 or any amendment or revision thereof or any later City regulations dealing with excavation and encroachments. In any State highway, Licensee shall abide by all pzovisions of State laws and regulations relating to the construction, location and maintenance of such equipment and facilities. i In any area of the City where existing pole lines of a public utility company are reasonably available for use by Licensee pursuant to a pole attachment agreement with the public utility company, Licensee shall not erect any poles for the purpose of installing its operating equipment. (b) Pay to the City on demand the cost of all repairs to public property made necessary by any of its operations, together with maintaining insurance protecting the City against any damage to said public property. (c) Indemnify and hold the City, its officers, -and essployees harmless from all liability for damages re- sulting frca all operations under this license. (d) Remove, relocate or place underground at its own expense, any equipment and facilities installed under this license, if the City determines that it is necessary for construction of a new road, change of grade, alignment Page 2. or width of any existing road# or the construction, use or maintenance of any Wtge, subway, viaduct or other public worki, or the use of at public property, or the construction, maintenance or relocation of any installation of a public utility operating under a franchise. • (e) Take out and maintain public liability insurance satisfactory to the City to protect Licensee and the City, Its officers and employees, against the loss from liability Imposed by law for damages on account of bodily injury, including death resulting therefrom, and property damage, suffered -or alleged to be suffered by any person or persons whatsoever resulting directly or indirectly from any act or omission of Licensee or any person acting under Licensee's control or direction. The insurance shall be kept in force during the term of -this license in the amounts of not less than $250,000.00 for one person injured in one accident and not less than $500,000.00 for more than one parson injured in one accident, and not less than $50,000.00 property damage. Proof of insurance shall be filed with the City Clerk of the City of Palm Desert. (3) In any area of the City where either the transmission and distribution facilities of a public utility providing telephone service or a utility providing electric service are underground or hereafter may be placed underground, then the Licensee shall also place or relocate all of its transmission amplification and distribution facilities underground, at no cost to the City. Nothing contained herein shall prevent the Licensee from charging or obtaining compensation for placing lines underground from the public right-of-way to the structure involved. (4) Licensee, in making its service available shall not discriminate for or against any suppliers of television sets, and in those areas where service is made available, Licensee shall provide service to all applicants in the order of receipt of orders therefor, so far as possible. Page 3. (5) The County, State, City or public agency my construct, repair or r;intain any existing road• or portion thereof, or other pub , facility in which Licensee's equipment and facilities have been constructed or installed, and may remove any such road or other public improvement. Upon 30 days* notice being given to the Licensee of the work, and area in which it is to be performed, the Licensee shall do all things necessary to protect its property during the progress of the work and, if ordered by the governmental agency performing such work, Licensee shall disconnect, remove or relocate its property in such manner as shall be required to permit the performance of the work, and the maintenance, operation and use of the road or public improvement. Any private easements acquired by Licensee for the construction and installation of the equipment and facilities shall be -construed to be subordinate to the rights of the City, presently existing or hereafter acquired, for future road construction or reconstruction. All of such things to be done and work to be•performed shall be at the sole cost and expense of Licensee. (b) If the State, County, City or public agency shall acquire the property of the Licensee, either by purchase or through the right of eminent domain, the License shall not be assigned any value, before any court or other public authority, in excess of the sum paid by the Licensee to the City at the time of the issuance of the license. (7) Licensee shall submit to the City Council a schedule showing all its rates and charges for services rendered to customers under this license. No charge shall be made except in accordance with the schedule submitted to, and not disapproved by, the City. If the City Council disapproves Licensee's rate schedule, it shall set a rate hearing on its regniar calendar as soon as reasonably possible thereafter, and give notice to Licensee of the hearing. Licensee shall page 4. attend the hearing fully prepared to give specific and detailed `,formation regarding its capital investment, expenses operation. income, equipment, amortization a schedule. and all other information necessary for a determination of fair and just rates for services rendered. The City shall allow and provide for a fair and reasonable return upon investment to the Licensee. In the event the California Public Utilities Commission assumes jurisdiction over the operation and rates of the Licensee. then the authority of the City to approve charges shall cease. Upon submission to the Council by the Licensee of a request for consideration of a rate increase, the Licensee shall pay a fee of $100.00. (8) This license shall not be construed to impose upon the City any duty or obligation to construct, repair or maintain any road in which Licensee's property is located. (9) Licensee shall pay to the City of Palm Desert, In addition to any business license that may hereafter be adopted. the sums set forth hereinafter of the gross sub- scriber revenue derived from the operation of Licensee's television antenna cable service in Palm Desert: Two (2%) of the gross subscriber revenue derived from the operation of Licensee's television antenna cable service in Palm Desert from November 23, 1973 until March 31, 1977. Cross subscriber revenues shall be those revenues derived -from the supplying of regular subscriber services, that is, the installation fees, disconnect and reconnect fees and ! fees for regular cable benefits, including the transmission t of broadcast signals and access and origination channels, Page 5 it any. Licensee shall estimate quarterly the gross sobscr$**r revenue for the year and shall pay an estimated awbunt •sed on said quarterly estimate to said City within 30 days ifter the expiration of each calendar quarter following the issuance of this license. Not later than ninety (90) days after the expiration of each calendar Year, a certified statement showing the total gross receipts of the Licensee during the preceding year derived from Licensee's cable service.business shall be filed with the City of Palm Desert and within 15 days thereafter Licensee shall forward to the City of Palm Desert any necessary amount to equal the adjusted payment for the year. (10) This franchise may be terminated prior to its date of expiration by the City Council in the event that said Council shall have found after thirty days' notice of proposed termination and public hearing, that (a) the Licensee has failed to comply with any provision of this ordinance or any reasonable technical standards adopted by the City to assure adequate service, or has, by act or omission violated any term or condition of any franchise or permit issued under this ordinances or (b) any provision of this ordinance has become invalid or unenforceable, and the•City Council further finds that such provision constitutes a consideration material to the grant of said franchises or (c) the City acquires the CVTV property of Licensee. (11) Licensee shall file an approved corporate surety bond in favor of the City in the penal sum of $10,000.00, oonditioned that Licensee shall well and truly perform every tescm and any condition hereof an in case of any breach of condition, the whole amount of the penal sum shall be taken and deemed to be liquidated damages and shall be recoverable from the principal and surety upon said bond. The bond shall be filed with the City Clerk within 10 days after page 6. issuance of this license. A cash deposit in the same a -count w be made in lieu of said bond. This license shall not be fective until Licensee has filed an approved bond. (12) This license is issued pursuant to California Government Code, Section 530661 and is not exclusive. The sans shall not be transferable without prior approval of the City Council of the City of Palm Desert, nor may the Licensee sell or transfer its equipment or operation to another or transfer more than 50% of the stock of the* corporation to any other individual, partnership or other entity. All rights, obligations and duties are binding on tho Licensee, its successors and assigns. Datads December 5. , 1974. CITY PALM DE T CAL ORNIA BY t . ' HENRY 1(�, Y.ayor . ATTEST: . MA VEY'BU lty Cler< Licensee hereby accepts and agrees to faithfully perform and abide by all the terms and conditions of this license and understands that this license is not effective until an approved surety bond has been filed. Dated 9 .,1974. COACHELLA VALLEY TELEVISION PALM ESER CALIF IA BItOF H JES Vice- esident and General Manager Paqe 7.