HomeMy WebLinkAboutOrd 1987-2230 ORDINANCE NO. 2230
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE FRANCHISE AGREEMENT WITH ULTRONICS,
INC. GRANTING TO ULTRONICS THE NON-EXCLUSIVE RIGHT,
PRIVILEGE AND FRANCHISE TO LAY AND USE LINES, WIRES,
COAXIAL CABLE AND APPTURTENANCES FOR TRANSMITTING,
DISTRIBUTING AND SUPPLYING CABLE TELEVISION SERVICE
ALONG, ACROSS AND UPON THE PUBLIC STREETS, WAYS,
ALLEYS AND PLACES WITHIN THE CITY OF CHULA VISTA
The City Council of the City of Chula Vista does ordain
as follows:
SECTION I: The City Council of the City of Chula Vista
does hereby adopt the Franchise Agreement with Ultronics, Inc.,
granting to Ultronics the non-exclusive right, privilege and
franchise to lay and use lines, wires, coaxial cable and
appurtenances for transmitting, distributing and supplying cable
television service along, across and upon the public streets,
ways, alleys and places within the City of Chula Vista, attached
as Exhibit "A", and incorporated herein by reference as if set
forth in full.
SECTION II: The Mayor of the City of Chula Vista is
aereby authorized and directed to execute said Agreement for and
on behalf of the City of Chula Vista.
SECTION III: This ordinance shall take effect and be in
full force on the thirty-first day from and after its adoption.
Presented by Approved as to form by
Z~"~~~D. Richard Rudo , tant
Manager City Attorney
3211a
FIRST READ AT A REGULAR MEETING OF THE CITY COUNCIL OF THE
r 'Y OF CHULA VISTAj CALIFORNIAj HELD September 8 19 87 AND
FINALLY PASSED AND ADOPTED AT A REGULAR MEETING THEREOF HELD September
19 87 , BY THE FOLLOWING VOTE~ TO-WIT:
AYES: Councilmen: Cox, Moore, Nader, McOandliss
NAYES: Councilmen: None
ABSTAIN: Cotw~ilmen: Malcolm
ABSENT: Councilmen: None
/~'~fm~ffie C~ty of Chulo Visto
' ;E OF CALIFORNIA )
COUNTY OF SAN DIEGO ) s s.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of fhe City of Chulo Visto, Colifornio,
DO HEREBY CERTIFY thor fhe obove ond foregoing is 0 full, true ond correcf copy of
ORDINANCE NO, 2230 ,end thor the some hos nor been omendedor repeoled.
DATED
~ City Clerk
CiTY OF
CHULA VISTA
CC~660
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
ULTRONICS, INC., A CALIFORNIA CCRPCRATION,
GRANTING TO ULTRONICS, INC. THE NON-EXCLUSIVE
RIGHT, PRIVILEGE AND FRANCHISE TO LAY AND USE
LINES, WIRES, COAXIAL CABLE AND APPURTENANCES FOR
TRANSMITTING, DISTRIBUTING AND SUPPLYING CABLE
TELEVISION SERVICE ALONG, ACROSS AND UPON THE
PUBLIC STREETS, WAYS, ALLEYS AND PLACES WITHIN
THE CITY OF CHULA VISTA
The parties to this agreement are the City of Chula Vista,
hereinafter referred to as "City" and Ultronics, Inc., hereinafter referred to
as "Grantee."
Section 1. DEFINITIONS.
For the purpose of this franchise, the following terms, phrases,
words, and their derivations shall have the meaning given herein. When not
inconsistent with the context, words used in the present tense include the
future, words in the plural number include the singular number, and words in
the singular number include the plural number. Provisions of this franchise
shall be construed in accordance with the laws of the State of California.
a. "City": The City of Chula Vista, a municipal corporation of the
State of California, in its present incorporated form, or in any
later reorganized, consolidated, enlarged or reincorporated form.
b. "Council": The present governing body of the City or any future
board constituting the legislative body of the City.
c. "Franchise Property": All property owned, installed or used
under authority of this franchise.
d. "Grantee": The person or corporation to whom or which this
franchise is granted by the Council, and the lawful successor or
assignee thereof, and who or which has filed with the City an
acceptance referred to in Sections 3 hereof.
e. "Street": The surface of, and the space above and below any
public street, road, highway, freeway, lane, alley, court,
sidewalk, parkway, easement, drive or other public place now or
hereafter existing as such within the City.
f. "Cable Television System": Shall mean a system of antennas,
cables, wires, lines, towers, wave guides, or any other
conductors, converters, equipment or facilities, designed and
constructed for the purpose of producing, receiving, amplifying
and distributing, audio, video and other forms of electronic or
electrical signals.
g. "Subscribers": Any person or entity receiving for any purpose
the Cable Television System service of the franchise herein.
h. "Total Gross Receipts": Any and all compensation in any form
paid by the subscriber to the Grantee arising from the sale of
basic and pay Cable Television service to customers within the
corporate limits of the City. Without limitation, total gross
receipts shall not include (a) uncollectible amounts; (b)
refunds or rebates made by Grantee; (c) revenues received as a
direct reimbursement of Grantee's expense in the operation of
any access channels; (d) sales, ad valorem, or other types of
"add on" taxes, levies or fees calculated by gross receipts or
gross revenues which Grantee might have to pay or collect for
Federal, State or local government (exclusive of franchise fees
provided for herein); (e) revenues received for advertising on
Grantee's local origination channel, to the extent of G~antee's
direct costs of operation of Grantee's system; and (f)
non-operating revenues such as income from operations not
requiring use of a franchise or gain from sale of an asset.
Section 2. FRANCHISE GRANT.
The franchise hereby granted by the City authorizes Ultronics, Inc.,
Grantee, subject to the provisions herein contained, to engage in the business
of operating and providing a Cable Television System in the City, and for that
purpose to erect, install, construct, repair, replace, reconstruct, maintain
and retain in streets such poles, wires, cable, conductors, ducts, conduit
aults, manholes, amplifiers, appliances, attachments, and other property as
may be necessary and appurtenant to the Cable Television Systems; and, in
addition, so to use, operate and provide similar properties rented or loaned
from other persons, firms, or corporations, for such purpose.
Section 3. DURATION OF GRANT.
a. The Franchise granted hereunder shall not become effective until
the happening of following events:
(1) The written acceptance hereof by the Grantee accepting all
of the terms and conditions of this Franchise and agreeing
to be bound thereby, delivered to the City in a form
approved by the City Attorney.
(2) ~e filing with the City of evidence of a general
comprehensive liability insurance policy as required in
Section 15(a) hereof.
b. The term of this Franchise shall be twenty-three (23) years,
co~m]encing on the effective date of the Franchise as provided in
paragraph (a) of this section, provided, however, that the term
of this Franchise may be extended in accordance with the
procedures set forth below:
(1) ~he provisions of this Franchise shall be subject to
renegotiation every five (5) years during the term of the
Franchise, including any extensions thereof. ~hese
renegotiation opportunities shall be referred to as
"renegotiation intervals." Renegotiation may be initiated
upon written notice given by the City or Grantee to the
other not less than one (1) year prior to the particular
renegotiation interval. Any renegotiation necessary shall
be directed towards effecting alterations in the terms and
conditions of this Franchise to reflect any significant
changes which occurred during the interim period.
(2) If any renegotiation prior to the end of the term,
including extensions of this Franchise, results in
agreement between the City and Grantee, or if,
alternatively, both parties agree, at any renegotiation
interval as defined above, that no renegotiation is needed
or required, then the term of this Franchise shall be
extended for an additional five (5) years by an appropriate
action of the City Council. If any renegotiation fails to
result in agreement, the term shall not be extended unless
the City Council so specifies by appropriate action.
(3) ~tnis Franchise shall terminate without further action by
the City at the end of the term, including extensions, of
this Franchise; provided, however, the total term of this
Franchise, with extensions, shall not exceed fifty (50)
years from the effective date of this ordinance; provided,
further, that the City Council, at or before the end of the
term, or the term as extended, retains the exclusive power
to grant a further extension, or a renewal of this
Franchise, or a new Franchise to Grantee°
c. The Franchise may be terminated at any time by the City Council
in the event the Council shall have found, after notice and
hearing, that:
(1) The Grantee fails to comply with any material provision of
this Agreement; however, termination proceedings shall only
be co~nenced in a public meeting affording due process, if,
after thirty (30) days from written notification from the
City stating with particularity the grounds upon which the
city relies, Grantee fails to correct stated violation. In
the event the stated violation is not reasonably curable
within thirty (30) days, termination proceedings shall not
be co~nenced if the Grantee provides, within the said
thirty (30) days, a plan, satisfactory to the City Manager
to remedy the violation and continues to demonstrate good
faith in seeking to correct said violation.
(a) It shall not be a failure to comply with a material
provision of this ordinance for Grantee to comply with
any rules and regulations of the Federal
Conmunications Commission, or any Federal or State
regulatory commission or agency having jurisdiction
over Grantee's operations or any Federal or State law.
(b) Ihe Council's finding of materiality is subject to a
de novo review by a court of competent jurisdiction; or
(2) Any provision hereof has become invalid or unenforceable,
and the Council finds that such provision constituted a
material consideration to the grant of this Franchise.
The Grantee shall be given at least thirty (30) day's notice of any
termination proceedings.
Section 4. RATES.
The Grantee may establish its own rates and charges.
Section 5. FRANCHISE PAYMENTS.
a. The Grantee shall pay annually to the City, during the life of
this franchise, and at the times hereinafter specified, a sum of
three percent (3%) of the total gross receipts of the Grantee
until January, 1990, after which the rate shall be the greater
of three percent (3%) of the total gross receipts of Grantee or
the rate then charged Cox Cable for its franchise, subsequent to
the periodic renegotiation of rate provision in Cox's
franchise. Such payment by the Grantee shall be in lieu of any
occupation tax or any other tax based upon the gross receipts of
Grantee.
bo The Grantee shall file with the City within ninety (90) days
after the expiration of any calendar year during which this
Franchise is in force, a verified statement showing in
appropriate detail the total gross receipts, as defined herein,
of Grantee, its successors or assigns, during the preceding
calendar year. It shall be the duty of Grantee to pay to the
City, within fifteen (15) days after the time for filing such
statements, the remaining sum due for the calendar year covered
by such statements. This statement shall be the basis for
quarterly estimated payments as deposits on the franchise
payment due for the following year. Such quarterly estimated
payments are to be made to the City on or before June 30,
September 30, and December 31 of each calendar year for that
year's estimated payments. Each estimated payment shall be
equal to twenty five percent (25%) of the previously filed
verified statement, rounded to whole, even dollars. ~he fourth
payment due after the filing of the annual verified statement
shall adjust for all estimated payments made for that calendar
year.
c. In the event Grantee fails to make the payment for this
Franchise on or before the date due as hereinabove provided,
Grantee shall pay as additional consideration a sum of money
equal to one percent (1%) of the amount due for each month or
fraction thereof during which the payment is due and unpaid, as
interest and for loss of use of the money due.
d. No acceptance of any payment shall be construed as an accord
that the amount paid is, in fact, the correct amount, nor shall
such acceptance of payment be construed as a release of any
claim which the City may have for further or additional sums
payable under the provisions of this section.
Section 6. LIMITATIONS OF GRANT.
a. No privilege or exemption is granted or conferred by this
Franchise except those specifically prescribed herein or by law.
b. Any privilege claimed under this franchise by the Grantee in any
street shall be subordinate to any prior lawful occupancy of the
streets, or other public property; provided, however, Grantee
does not hereby waive any rights it has acquired vis-a-vis third
parties as a result of Grantee's own proper occupancy.
c. ~nis Franchise is a privilege to be held in personal trust by
the original Grantee. It cannot in any event be transferred in
part, and it is not to be sold, transferred, leased, assigned,
or disposed of as a whole, whether by forced sale, merger,
consolidation, or otherwise, without prior consent of the City
expressed by Resolution, unless pursuant to transfer of
ownership of Grantee as provided in Section 9 hereof, and then
only under such conditions as may be therein prescribed,
provided, however, that no such consent shall be required for
any transfer in trust, mortgage, or other hypothecation, as a
whole, to secure an indebtedness. ~he said consent of the City
may not be arbitrarily refused, provided, however, the proposed
assignee must show financial responsibility and must agree to
comply with the provisions of this agreement.
d. Time is of the essence of this franchise. ~he Grantee shall not
be relieved of its obligation to comply promptly with any of its
provisions by any failure of the City to enforce prompt
compliance.
e. Any right or power in, or duty impressed upon, any officer,
employee, department, or board of the City, is subject to
transfer by the City to any other officer, employee, department
or Board of the City.
f. Grantee is subject to all requirements of the City ordinances,
rules, regulations, and specifications of the City, not
inconsistent with this Franchise, heretofore or hereafter
enacted or established, including but not limited to, those
concerning street work, street excavations, use, removal and
relocation of property within a street, and other street work.
g. This Franchise does not relieve the Grantee of any obligation
involved in obtaining pole space from any department of the
City, the utility companies or from others maintaining poles in
streets.
Section 7. RIGHTS RESERVED TO CITY.
a. There is hereby reserved to the City every right and power which
is required to be herein reserved or provided by any ordinance
of the City, and the Grantee, by its acceptance of this
Franchise, agrees to be bound thereby, and to comply with any
action or requirement of the City in its exercise of any such
right or power, heretofore or hereafter enacted or established.
b. This franchise shall be non-exclusive, and neither the granting
of this Franchise nor any of the provisions contained herein
shall be construed to prevent the City from granting any
identical, or similar franchise to any person or corporation
other than the Grantee.
Section 8. SERVICES TO CITYAND PUBLIC SCHOOLS.
Grantee shall at its own expense and without any cost to the City
whatsoever, provide and maintain the following facilities and services to the
City and Public Schools as hereinafter provided:
a. One active cable television connection to each City unit
designated by the City Manager such as police stations, fire
stations, public libraries and other City facilities within
Grantee's franchise area that require an aerial drop of 150 feet
or less from the existing cable television distribution system.
Grantee shall not be required to provide the cable television
distribution system within said facilities;
b. One active cable television connection to each public elementary
school site, secondary school site, college or university site
and educational administrative site within Grantee's Franchise
area that require an aerial drop of 150 feet or less from the
existing cable television distribution system. Grantee shall
not be required to provide the cable television distribution
system within said facilities;
c. Grantee shall not charge the City or public schools any fee for
providing the distribution of video images or audio signals to
any of the buildings so connected;
d. In the event that the City or school system desires additional
service, the Grantee shall provide the basic cable outlet,
services and hardware, charging the City or school system the
actual variable cost to G~antee of such services.
e. Grantee shall make available without cost one channel for use by
Local Governments in all of its San Diego franchises for the
distribution of programming in the public interest. Grantee may
provide interconnection of such channel with all other Cable
Television Systems operating pursuant to a franchise granted by
City. If Grantee operates a remote or permanent vehicle and
equipment for telecasting and video taping, Grantee shall
provide origination service to City at such reasonable times and
costs as are mutually agreed upon.
f. Grantee shall make available without cost, one channel for use
by Public Schools in all of its San Diego franchises. As
required by Grantee, the Public Schools shall save and hold
harmless Grantee from any uses made by the Public Schools in the
distribution of programming.
g. City shall save and hold harmless Grantee from any uses made by
the City in the distribution of programming in the public
interest as provided for in Subsection (e) of this section.
h. Grantee shall make available without cost, one channel for
public or community access in all of its San Diego franchises in
accordance with reasonable rules, regulations and conditions,
provided, however, that to the extent that the Federal
Communications Commission (FCC) exercises jurisdiction as
determined by Federal statute or decisional law to be valid and
appropriate, said access rules shall govern.
Section 9. TRANSFER OF OWNERSHip OR CC~TROL OF GRANTEE.
In the event the Grantee is a corporation, prior approval of the City
Council, expressed by resolution, shall be required when ownership or control
of thirty percent (30%) or more of the voting stock of Grantee is acquired by
a person or a group of persons acting in concert, none of whom already own or
control thirty percent (30%) or more of the voting stock, singularly or
collectively.
Section 10. ESTABLISHMENT OF SERVICE.
Installation of a CATV System shall be cormmenced within one hundred
eighty (180) days after the effective ate of this franchise, and extensions
and service pursued with due diligence thereafter. Failure to so commence and
diligently pursue to completion shall be grounds for termination of this
franchise.
Section 11. LOCATION OF FRANCHISE PROPERTIES.
a. Franchise property shall be constructed or installed in streets
only at such locations and in such manner as shall be approved
by the Superintendent of Streets, acting in the exercise of
reasonable discretion.
b. The Franchise property shall be placed underground in all
subdivisions which are subject to the provisions of the Chula
Vista Municipal Code.
Section 12. ABANDONMENT OF SERVICE.
a. After Grantee has established service pursuant to this
Franchise, such service shall not be suspended or abandoned in
the whole of or any part of the Franchise area unless the
suspension or abandonment is authorized by the City Council.
b. Whenever Grantee shall file with the City Council a written
application alleging that the public interest, convenience and
necessity no longer require that Grantee furnish service
pursuant to this ordinance in the whole of or in any part of the
Franchise area, the City Council, at a public hearing, shall
take evidence upon that question and shall make a finding with
respect to it. Notice of the hearing shall be given by Grantee
in writing to each Subscriber in the part of the Franchise area
in question at least fifteen (15) day prior to the date
scheduled for the hearing. If the City Council shall find that
the public interest, convenience and necessity no longer
requires that Grantee furnish service, the City Council, after
hearing as provided herein, shall authorize suspension or
abandonment of service upon such reasonable terms and conditions
as may be prescriDed by the City Council.
Section 13. DISPOSITION OF FRANCHISE PR(PERTY OR CABLE
DISTRIBUTION SYSTEM UPON EXPIRATION OR TERMINATION OF
FRANCHISE.
a. Upon the termination of this Franchise under Section 3 or 11
hereof, the City may purchase the cable television system, or
any part thereof, in accordance with subsection (b) of this
section. If the City elects to purchase the system, or any part
thereof, the Grantee shall promptly execute, upon receipt of the
fair market value purchase price, all appropriate documents to
transfer title to the City. Upon acquisition of and payment for
the system, or any part thereof, the Grantee shall cooperate
with the City, or with any other person authorized or directed
by the City to operate the system, in maintaining continuity of
service. Nothing herein is intended as a waiver of any other
rights the City may have.
b. ~he purchase price to the City for the Grantee's property shall
be determined by agreer~nt or by arbitration as provided in
subsection (e) hereof. The standard for determining the price
to be paid for the property so acquired shall be that provided
by law affecting the fair market value of similar properties
applicable on the effective date of the purchase. If the City
does not purchase the system, the Grantee shall deal with the
part of the system located in the streets in accordance with
provisions of subsections (c) and (d) of this section.
c. In the event that (1) the use of any Franchise property is
discontinued for any reason for a continuous period of twelve
(12) months; or (2) the Franchise has been installed in any
street without complying with the requirements of this
Franchise; or (3) the Franchise has been terminated,
surrendered, cancelled or has expired, and City has not
exercised its rights pursuant to subsection (a) of this section,
the Grantee shall promptly remove from the street all such
property other than any which the City Engineer may permit to be
abandoned in place. In the event of any such removal, the
Grantee shall promptly restore the street or other area from
which such property has been removed to a condition satisfactory
to the City Engineer.
d. Franchise property to be abandoned in place shall be abandoned
in such manner as the City Engineer shall prescribe.
-9-
e. In the event that arbitration is necessary to determine the
purchase price to the City for the Grantee's property the
parties may agree upon one arbitrator, but in the event that
they cannot agree, there shall be three, one named in writing by
each of the parties within fifteen (15) days after demand for
arbitration is given and a third chosen by the two appointed.
Should either party refuse or neglect to join in the appointment
of the arbitrator(s) or to furnish the arbitrator(s) with any
papers or information demanded, the arbitrator(s) are empowered
by both parties to proceed ex parte. If there is only one
arbitrator, his decision shall be binding and conclusive on the
parties, and if there are three arbitrators the decision of any
two shall be binding and conclusive. A judgment confirming the
award of the arbitrator(s) may be rendered by any Superior Court
having jurisdiction. Arbitration hereunder shall be governed by
the provisions of the California Arbitration Act, Section 1280
through 1294.2 of the Code of Civil Procedure. Each party shall
bear the cost of its own appointee and bear the cost equally for
any arbitrator appointed by both parties.
Section 14. CHANGES REQUIRED BY PUBLIC IMPROVEMENTS.
The Grantee shall, at its expense, protect, support, temporarily
disconnect, relocate above or below ground at Grantor's option in the same
street, alley, or public place, or remove from any street, alley or public
place, any Franchise property when required by the City Engineer by reason of
traffic conditions, public safety, street vacation, freeway and street
onstruction, change or establishment of street grade, installation of sewers,
drains, water pipes, power lines, signal lines, and tracks and of any other
type of structures or improvements by governmental agencies when acting in a
governmental or proprietary capacity or any other structures or public
improvements; provided, however, that Grantee shall in all such cases have the
privileges and be subject to the obligations to abandon Franchise property in
place, as provided in Section 12(d) hereof.
Section 15. FAILURE TO PERFORM STREET WORE.
Upon failure of the Grantee to complete any work required by the
provisions of this Franchise to be done in any street, within the time
prescribed and to the satisfaction of the City Engineer, the City Engineer may
cause such work to be done and the Grantee shall pay to the City the cost
thereof in the itemized amounts reported by the City Engineer to the Grantee,
within thirty (30) days after receipt of such itemized report. The City shall
give at least a thirty (30) day notice to the Grantee of such work to be done
prior to city's commencement of such work°
Section 16. FAITHFUL PERFORMANCE BOND.
The Grantee shall, within five (5) days after the award of this
franchise, file with the City Clerk, and at all times thereafter maintain in
full force and effect, an acceptable corporate surety bond, in duplicate, in
the amount of Five Thousand Dollars (~5,000.00) effective for the entire term
of this franchise, and conditioned that in the event the Grantee shall fail to
comply with any one or more of the provisions of this franchise, then there
shall be recoverable jointly and severally from the principal and surety of
such bond, any damages suffered by the City as a result thereof, including the
full amount of any compensation, indemnification, or costs of removal or
abandonment of property as prescribed by Section 5 hereof which may be in
default, up to the full amount of the bond; said condition to be a continuing
obligation for the duration of this franchise and thereafter until the Grantee
has liquidated all of its obligations with the City that may have arisen from
the acceptance of this franchise by the Grantee or from its exercise or any
privilege herein granted.
Section 17. INDEMNIFICATION TO CITY.
a. Grantee agrees that at all times during the existence of this
Franchise it will maintain in force, furnish and file with the
City a certificate of insurance evidencing, at its own expense,
a general comprehensive liability insurance policy, naming the
City as additional insured, in protection of City, its boards,
commissions, officers, agents and employees, in a company
authorized to do business in the State of California, and in
form satisfactory to the City Attorney, protecting the City and
said persons against liability for loss or damages for personal
injury, death and property damage occasioned by the operations
of Grantee under this Franchise, with minimum liability limits
of $500,000 for personal injury or death of any one person, and
~1,000,000 for personal injury or death of two or more persons
in any one occurrence, and $300,000 for damage to property
resulting from any one occurrence.
b. The policies mentioned in the foregoing paragraph shall contain
a provision that a written notice of any cancellation or
reduction in coverage of said policy shall be delivered to the
City ten (10) days in advance of the effective date thereof. If
such insurance is provided in either case by a policy which also
covers Grantee or any other entity or person than those above
named, then such policy shall contain the standard
cross-liability endorsement.
c. In addition to the above policies Grantee shall agree to
indemnify City, its boards, commissions, officers, agents and
employees, against all claims, demands, actions, suits and
proceeding by others and against all liability to others, and
against any loss, cost and expense resulting therefrom,
excepting acts of negligence or other acts by the City,
including reasonable attorneys fees, arising out of the exercise
or enjoyment of this Franchise.
Section 18. REGULATION OF SERVICE.
Grantee shall:
a. Operate the Cable Television System authorized by this Franchise
in accordance with the minimum technical standards set forth by
the FCC, to the effect that the Subscriber shall receive the
best possible signal to his television set consistent with the
state of the art and economic operation of the system.
b. Limit failure to a minimum by locating and taking steps to
correct malfunctions promptly, but in no event longer than
seventy-two (72) hours after notice.
c. Upon complaint by Subscriber make a demonstration satisfactory
to the City Manager or his designated representative that a
signal is being delivered which is of sufficient strength and
quality to meet the said technical standards referenced to in
(a) above.
d. Render efficient service, making repairs promptly and
interrupting service only for good cause and for the shortest
tir~ possible; such interruptions insofar as possible shall be
preceded by notice given to Subscribers twenty-four (24) hours
in advance where possible and shall occur during periods of
minimum use of system.
e. Have a toll free telephone number listed in the local telephone
directory, and be so operated that requests for repair may be
received at any time.
f. Operate the Cable Television System authorized by this ordinance
twenty-four (24) hours per day, seven (7) days per week.
g. Not refuse to accept a subscriber unless it was not in the
public interest or not reasonably economically feasible for
Grantee to furnish service for that proposed subscriber.
h. Not deny access to cable services to any group of potential
residential cable subscribers because of the income of the
residents of the local area in which such group resides.
If a Subscriber is unable to obtain satisfactory resolution of a
~omplaint filed with Grantee, the Subscriber may notify the City in writing,
stating the Subscriber's name and address, the nature of the complaint and the
action taken to secure resolution of the complaint by the Grantee.
Section 19. FILINGS AND COMMUNICATION WITH REGULATORY AGENCIES.
Copies of all petitions, applications and communications of all types
submitted by Grantee or City to the Federal Communications Commission,
California Public Utilities Commission, or any other Federal or State
regulatory commission or agency having jurisdiction over any matter affecting
operation of Grantee's Cable Television System shall be submitted
simultaneously to the City or Grantee. A copy of each document filed by the
Grantee with the City Clerk in accordance with this section shall be deemed to
be delivered.
Section 20. INSPeCTION OF PROPERTY AND RECCRDS.
At all reasonable times, the Grantee shall permit any duly authorized
representative of the City to examine all Franchise property, together with
any appurtenant property of the Grantee situated within the City, and to
examine all maps and other records kept or maintained by the Grantee, which
treat the operations, affairs, transactions or property of the G~antee with
respect thereto and to determine whether the Grantee has paid franchise fees
in the amounts prescribed in Section 5. Ihe Grantee shall prepare and furnish
to the City Engineer at the time and in the form prescribed by the City
~lgineer, such reports, with respect to its operations, affairs, transactions
~r property, as may be reasonably necessary or appropriate to the performance
of any of the duties of the City or any of its officers and employees in
connection with this Franchise. The Grantee shall, at all times, make and
keep full and complete plans, maps, and records, showing the exact location of
all Cable Television System equipment installed or in use by Grantee in
streets, alleys and public places of the City.
~e Grantee shall maintain a written record of customer service
requests and complaints and make an annual report to the City thereof. Such
records shall be available for inspection by the City. The Grantee shall
notify the City of any changes in the customer service agreement or in the
complaint procedure to be followed by the customers.
Section 21. DISPUTES.
In the event of a bringing of any action by either party hereto
against the other hereon or hereunder, or by reason of the breach of any term,
covenant or condition on the part of the other party, or arising out of this
Agreement, the party in whose favor final judgment shall be entered, shall be
entitled to have and recover from the other party reasonable attorney's fees
to be fixed by the Court which shall have rendered the judgment.
Section 22. MISCELLANEOUS PROVISIONS.
a. All notices herein provided for may be by prepaid registered or
certified mail addressed to the parties as follows:
TO THE CITY: WITH COPY TO:
City Clerk fhomas J. Harron
276 Fourth Avenue City Attorney
Chula Vista, CA 92010 276 Fourth Avenue
Chula Vista, CA 92010
TO THE GRANTEE: WITH COPY TO:
Ultronics, Inc.
7777 Alvarado Rd., Suite 700
LaMesa, CA 92041
and shall be considered as given only when received by the other
party.
All matters herein provided to be filed with the City shall be filed
with the City Clerk.
b. The Grantee shall not engage in the business of repairing
television receivers or the sale of parts for the same. It is
understood, however, that the foregoing does not apply to
converters, decoders, or other types of electronic signal
adapters or decoders required for the subscriber's television
set to receive any of Grantee's signals.
c. Grantee and the City agree to discuss future non-entertainment
uses of the cable television system during the term of this
franchise agreement. Both parties agree to discuss and consider
entering into mutually advantageous joint ventures to promote
business or other non-entertainment uses of the cable system,
which discussion may include City taxation and bonding powers.
This discussion and consideration may be initiated by either
party upon a minimum of 30 days written notice, with a proposed
agenda to be included. This paragraph reflects the intent of
the Grantee and the City to maintain a strong cooperative
relationship which may lead to the introduction of new cable
related business services within the City in a manner which is
mutually advantageous and acceptable to both the Grantee and the
City.
do Not withstanding any other provisions of this agreement, Grantee
shall at all times comply with all State and Federal laws, rules
and regulations, or any administrative agency thereof; provided,
however, if any such ordinance, law, rule or regulation shall
require the Grantee to perform any act or shall permit the
Grantee to perform any act in conflict with the provisions and
terms of this agreement, then such provision or term in conflict
may be modified or amended by agreement of the parties to such
reasonable extent necessary to carry out the full intent and
purpose of this agreement.
EXECUTED THIS 15th day of September , 19 87
CITY OF CHULA VISTA
a Municipal Corporation ULTRONICS, INC.
Approved as to form
WPC 1696A