HomeMy WebLinkAboutORD 134 1990 1121sff /ORD3816z (11- 08 -90 -8)
ORDINANCE NO. 134
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF MOORPARK GRANTING A FRANCHISE
RENEWAL TO THE CHRONICLE PUBLISHING
COMPANY, DOING BUSINESS AS VENTURA COUNTY
CABLEVISION
WHEREAS, The Chronicle Publishing Company, doing
business as Ventura ,County Cablevision ( "VCC" or "Grantee ")
has requested the renewal of its existing franchise;
WHEREAS, the City finds that VCC has substantially
complied with the material terms of its existing franchise
and with applicable law;
WHEREAS, the quality of VCC's service, including
signal quality, response to consumer complaints and billing
practices, has been reasonable in light of community needs;
WHEREAS, VCC has the financial, legal and technical
ability to provide the services, facilities and equipment as
set forth in this ordinance granting a franchise renewal;
and
WHEREAS, the terms and conditions of this ordinance
granting a franchise renewal are reasonable to meet the
future cable- related needs and interests of the community,
taking into account the cost of meeting such needs and
interests;
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF
MOORPARK DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of
Moorpark grants a cable television franchise renewal
pursuant to the following terms and conditions:
1. Grant of Franchise Renewal. This renewal of a
nonexclusive Franchise for a cable television system
(hereinafter the "Franchise ") is issued pursuant to the
authority provided in Chapter 6 of Title 5 of the Moorpark
Municipal Code (hereinafter, the "Chapter "). All of the
provisions of said Chapter are incorporated herein by this
reference, as if set forth in full. To the extent of any
inconsistency between the provisions of the Chapter and
those of this Franchise Ordinance, the provisions of this
Franchise Ordinance shall prevail.
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Pursuant to the provisions of said Chapter, the
City Council hereby renews the Franchise of The Chronicle
Publishing Company, doing business as Ventura County
Cablevision ( "VCC" or "Grantee ") to construct, operate and
maintain a cable television system within the City of
Moorpark subject to all of the terms and conditions of the
Chapter, and this Ordinance (the "Franchise Ordinance ") and
the Acceptance of the Franchise Ordinance ( "Acceptance ").
The Chapter, Franchise Ordinance and Acceptance
contain the entire terms and conditions of the Franchise and
shall supercede all prior franchises granted to VCC on the
effective date of the Acceptance, provided that VCC shall be
subject to all general City ordinances and regulations now
in effect or subsequently enacted, including those
concerning encroachment permits, zoning and building.
2. Franchise Area. The Franchise Area for this
Franchise shall be all property within the boundaries of the
City of Moorpark as they exist on the effective date of the
Franchise Ordinance, and as the boundaries may exist during
the Franchise period, through annexation.
3. Term of Franchise. The term of this Franchise
shall be for a period of ten (10) years, commencing on the
effective date of the Franchise Ordinance, and subject to
the termination provisions contained in the Franchise.
4. Franchise Fees.
(a) Effective January 1, 1991, the franchise
fee shall be five percent (50) of VCC's gross revenues,
payable forty -five (45) days after the close of each quarter
Of VCC's fiscal year. Prior to 1991, the franchise fee
shall be three percent (30) of gross revenues.
(b) Upon at least sixty (60) days notice, the
City Council may raise or lower the amount of the franchise
fee by resolution without further ordinance amendment of the
Chapter or this Franchise Ordinance. Should the maximum
franchise fee permitted by state and federal law increase
beyond five percent (5 %), the City may increase the
franchise fee to said maximum. The Grantee may designate
that portion of a subscriber's bill attributable to the
franchise fee as a separate item on subscribers' bills.
(c) Should the City Council raise or lower
the amount of the franchise fee, the effective date of such
new franchise fee shall be the first day of the third
calendar month following the effective date of the
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resolution establishing the new franchise fee. The Grantee
shall reduce the charges applicable to such franchise fee on
its subscriber statements as of such effective date, where
the franchise fee is lowered, or shall be permitted to
increase such charges as of such effective date, where the
franchise fee is increased, in either case without action of
the City Council, including without limitation increasing
such service charges as are subject to the franchise fee by
the amount of such increase or, should the Grantee
separately itemize the amount of the franchise fee, by
increasing the amount of such separate assessment to reflect
the increase in the franchise fee authorized by the City
Council.
5. Reimbursement of City Expenses. The Grantee
shall, within thirty (30) days after receipt from the City
of a written itemization, reimburse the City for its
reasonable costs incurred during the franchise renewal
process through the effective date of this Franchise
Ordinance to the extent not recovered by prepaid application
fees.
6. Acceptance of Franchise. Grantee shall file
with the City Clerk its authorized written acceptance of
this Franchise renewal and its agreement to be bound by and
comply with all the requirements hereof within forty -five
(45) days of the effective date of the Franchise
Ordinance. Such acceptance shall be in form and substance
satisfactory to the City Attorney and shall include evidence
of compliance with the requirements of Section 10 below.
7. System Desi n. Performance Requirements.
(a) System Configuration. The cable
television system shall consist of a residential network.
The residential network shall provide interactive
communications capability in its initial configuration. For
purposes of this Franchise Ordinance, "interactive
communications capability" shall mean that, following
completion of the system rebuild more particularly set forth
in Section 7(b) below, the cable system has the capacity to
provide two -way communications upon the addition of
appropriate return modules, electronic equipment and other
facilities. "Interactive communications capability" shall
not mean that such two -way capacity is operational, except
as otherwise specifically required by this Franchise
Ordinance.
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(b) Channel Capacity. By no later than
December 31, 1993, Grantee will rebuild the cable television
system to deliver signals at frequencies up to 450 megahertz
(450 MHz), with specific capacity as indicated below:
Cable Signal Channel
Network Direction Capacity
Residential Outbound 60 six MHz channels
Residential Inbound 4 six MHz channels
Completion of the system rebuild shall be
understood as a cable system having.the capacity to deliver
the number of channels of video programming specified above
with the addition of appropriate equipment and facilities at
the system headend and /or hub sites (and, in the case of
inbound channels, with the addition of return modules and
other equipment and facilities), but shall not be understood
to require that such number of channels be activated at the
system headend, hub sites or otherwise or that such number
or any number of channels be programmed. Grantee shall not
be required to offer additional programming upon completion
of the system rebuild.
(c) Undergrounding. The procedure set forth
at Section 5.06.516(2) of the Chapter for undergrounding or
relocating taps and pedestals shall apply only with respect
to new construction, and shall not apply with respect to
existing taps and pedestals or any reconstruction of the
cable system, nor shall such procedures apply to any portion
of the cable system other than taps and their related
pedestals, and shall specifically not apply to line
extenders, amplifiers, power supplies and related active
electronic equipment and components.
(d) Emergency Alert Capability. By
December 31, 1990, VCC shall provide an emergency audio
override capability to permit City to interrupt and
cablecast an audio message on all channels simultaneously in
the event of disaster or public emergency. The emergency
alert system shall be accessed only in the event of a local
emergency as defined in Section 8558(c) of the California
Government Code duly proclaimed in accordance with the
provisions of Section 8630 of said Government Code. City
shall use its best efforts to contact the VCC prior to
accessing the emergency alert system. City shall maintain a
current list, filed with the VCC, of those individuals
authorized to access the emergency alert system.
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City acknowledges that the VCC's cable
system services many communities utilizing an integrated
technical configuration, not all of which will necessarily
be affected by a local emergency affecting the City. In
utilizing the emergency alert system, all of the VCC's
subscribers will be capable of receiving the alert,
including subscribers in other communities. City agrees to
exercise care and diligence with respect to (i) those
individuals authorized to access the emergency alert system
and (ii) the circumstances in which the emergency alert
system is actually used.
City shall indemnify, defend and hold
VCC, its affiliates and their respective officers,
directors, employees and shareholders harmless from and
against any and all liabilities, losses, damages, claims,
actions, causes of action, costs and expenses (including
reasonable attorneys' fees) arising from or in any manner
related to the use of the emergency alert system by or on
behalf of City.
(e) Standby Power. VCC shall provide standby
power generating capacity during utility power outages at
its cable television system control center and at all
hubs. By December 31, 1993, VCC shall maintain standby
power system supplies throughout the distribution networks.
(f) Design Standards. Upon completion of the
rebuild of the cable television system pursuant to Section
7(b), the system shall be capable of carrying sixty (60) -six
(6) megahertz (MHz) Class I Television Channels and the full
FM broadcast band. Once rebuilt, the system shall comply
with the following provisions:
(2) The characteristics set forth under "Design
Objectives" are per - station specifications for trunks,
bridgers and line extenders, respectively. Performance
Performance
Design
Design
Objectives
Objectives
Example
Carrier
to
Noise
42 dB
9.5/9.5/10
44.26 dB
Carrier
to
Second Order
55 dB
87/72/70
62.40 dB
Carrier
to
Cross - Modulation
52 dB
88/70/70
56.90 dB
Carrier
to
Composite Beat
55 dB
87/67/70
55.61 dB
Hum
3%
.0562
N/A
(1) All performance
and design
objectives
are
subscriber
terminal minimums.
(2) The characteristics set forth under "Design
Objectives" are per - station specifications for trunks,
bridgers and line extenders, respectively. Performance
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characteristics at the terminus of the cable system will
vary dependent upon cascade lengths and temperature
fluctuations.
(3) The characteristics set forth under "Design
Example" are based upon Magnavox specifications for a
cascade of 20 trunk amplifiers, one bridger and two line
extenders measured at 20 degrees Celsius with terminated
input. The characteristics set forth in "Design Objectives"
are to be applied across actual cascade length, component
composition and ambient temperature to produce terminal
characteristics based upon the per- station specifications.
(g) Applicable Technical Standards.
(1) The cable system as rebuilt by VCC
in accordance with the provisions of Section 7(b) above
shall be designed and constructed utilizing equipment which,
at a minimum, complies with the characteristics set forth
under "Design Objectives" in Section 7(f) above such that
the cable system, upon completion of the rebuild, meets the
characteristics set forth under "Performance Objectives" in
Section 7(f) above. Following certification by VCC (subject
to review and verification by the City) that the rebuilt
system complies with the foregoing, the Design Standards in
Section 7(f) above shall be considered desirable objectives
for operation of the system but shall not be considered
requirements or obligations which must be satisfied by
VCC. The failure of VCC to comply with said Design
Standards shall in no manner be deemed a breach or violation
of its Franchise. Rather VCC shall comply with any
technical standards or guidelines of the Federal
Communications Commission (FCC) applicable to VCC's cable
system in force, as of the effective date of this
Franchise.
(2) Should the FCC allow local
regulation of the technical performance characteristics of
cable systems, the characteristics set forth under
"Performance Objectives" of Section 7(f) shall become the
technical standards for all purposes of the Franchise
enforceable against VCC in accordance with the terms of the
Franchise, provided VCC has completed its system rebuild in
accordance with the provisions of Section 7(b), and the City
shall adopt no more stringent standards during the term of
the Franchise.
(3) The characteristics set forth under
"Design Example" in Section 7(f) are illustrative only and
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shall be of no force or effect under the Franchise for any
purpose whatever.
8. Grantee Support for PEG Access:
(a) The Grantee shall provide channel
capacity for public, educational and governmental ( "PEG ")
programming and for local origination programming. No later
than June 30, 1991, the Grantee shall initially dedicate one
channel for government and educational programming
exclusively to the City, subject to such joint use
regulations for the sharing of the dedicated channel as the
City may establish by resolution.
(b) If, at any time three (3) years or more
following the date the access channel is first utilized for
PEG programming, such channel is not in use and programmed
with PEG programming during at least fifty percent (50 %) of
the weekdays for at least fifty percent (50 %) of the time
during any consecutive thirteen (13) hour period for ten
(10) consecutive weeks, the channel shall revert to the
exclusive use of Grantee for a period of three (3) years.
VCC shall make available to City time elsewhere on VCC's
cable system (which may be a local origination channel
utilized by VCC and /or others) for carriage of such PEG
programming as may be provided by City following reversion
of such access channel. At its option, VCC may permit City
the right to continue the use of such access channel,
notwithstanding the inability of City to satisfy the minimum
usage criteria set forth in the first sentence of this
Subsection, provided that VCC may at any time thereafter
recover exclusive use of the access channel in accordance
with the provisions of this Subsection if any of such
minimum usage criteria are not then satisfied. If the
access channel has reverted to the exclusive use of VCC, VCC
shall again provide an access channel to City for purposes
of PEG programming if, at any time subsequent to the three
(3) year period following reversion, City shall develop a
comprehensive proposal with respect to the use of the access
channel in a manner reasonably anticipated to equal or
exceed the minimum usage criteria set forth in this
Subsection. The provisions of this Subsection shall apply
to the reinstatement of such channel. For purposes of
computing the minimum usage criteria set out in this
Subsection, City may meet this standard with non - original,
and /or character - generated programming. Further,
programming may be duplicated during the minimum usage
measuring period (i.e., the same program may be recablecast
multiple times during the measuring period). Further, in
determining compliance with the minimum usage criteria: (i)
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public, educational and governmental programming presented
on the access channel by City shall be aggregated and (ii)
all time allocated to commercial or advertising programming
shall be excluded.
(c) VCC shall make available one additional
PEG channel dedicated exclusively to the City pursuant to
the following criteria:
(i) The first access channel must be
in use and programmed with PEG programming
during at least 80% of the weekdays for at
least 80% of the time during any consecutive
13 -hour period for ten consecutive weeks. For
purposes of this computation, all time
allocated to commercial, advertising,
character generated or similar programming
will be excluded from the determination of the
aggregate time that channel is in use and
programmed with PEG programming during the
period in question.
(ii) At least 50% of the programming
present during such 10 week period must be
produced within and related to communities
within Southern California.
(iii) No more than 33 -1/3% of the
aggregate hours utilized for PEG programming
during such 10 -week period can represent
repeat programming.
(iv) At least 50% of all programming
presented during such 10 -week period must have
been produced within six weeks of the
commencement of such 10 -week period.
(v) The City shall have conducted an
independent survey and shall have held one or
more public hearings to assess the desire of
the subscribers within the City for a second
access channel in view of other programming
which may be provided to such subscribers,
which survey and public hearing must evidence
the desire of subscribers for a second access
channel.
(vi) Grantee must have completed the
rebuild of its system serving Moorpark, as
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more particularly set forth in Section 7(b) of
this Franchise Ordinance, to a 450 MHz
configuration and such additional PEG channel
will be made available within 180 days
following th City's request and verification
of compliance with each of the foregoing
conditions.
(viii) Whenever such additional PEG
channel is programmed with original (non -
repeated) locally produced video access
programming for less than four (4) hours per
day for six (6) days per week for a continuous
period of not less than twelve (12)
consecutive weeks, the City may permit the
Grantee to utilize unused channel capacity on
that channel under the following conditions:
(1) Any request from the Grantee to
use any fallow capacity designated
for PEG Access must be submitted
in writing to the City Council.
(2) The City Council shall approve the
petition from the Grantee to use
fallow channel capacity if it
finds that: (i) the utilization
of the channel is as represented;
(ii) the Grantee has not acted in
violation of any of the provisions
of the Franchise regarding
utilization of the channel; and
(iii) there are no special
circumstances which would justify
the denial or delay of
implementation of the use of the
channel -: After approval, the
Grantee may continue to utilize
the channel for any other purposes
it so chooses, consistent with the
Franchise, until it is required to
be designated for PEG purposes
pursuant to the provisions hereof.
(d) If, at any time one year or more
following the date the second channel is first utilized for
public, educational and governmental programming, any of the
conditions set forth in Subsection (c) above is not
satisfied as to the first access channel providing public,
educational and governmental programming over any ten (10)
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week period, the second access channel shall revert to the
exclusive use of the Grantee for a period of at least three
(3) years. If, upon expiration of such period, each of the
conditions set forth in Subsection (c) above is satisfied as
to the first access channel, a second access channel shall
again be made available for purposes of public, educational
and governmental programming upon 180 days prior written
notice from the City. The provisions of this Subsection
shall apply to the reinstatement of the second channel or
any subsequent reinstatement thereof.
(e) The City shall have sole responsibility
for the operation and management of the access channel(s)
provided by the Grantee, including without limitation all
personnel required in connection with the operation of the
channel(s), all facilities, equipment and material necessary
for the operation of the channel(s), the carriage of
programming on the channel(s) and the establishment and
administration of all rules, regulations and procedures
pertaining to the use and scheduling of the programming
presented over the channel(s).
(f) The City shall not use any access channel
for commercial purposes, except with respect to (i) the use
of the channel by the Grantee under such terms and
conditions as are agreed upon with the City or (ii)
underwriting recognition provided in any PEG programming as
an integral part thereof solely for purposes of
acknowledging funding for such programming.
(g) The City shall in no manner lease,
transfer or divest itself of control of the use of any
access channel for any purposes to any other person,
provided that the City may transfer management and control
of such channel to a nonprofit public access management
entity, in which case such public access management entity
shall be subject to the provisions of this Section.
(h) VCC shall provide an adequate public
access production studio equipped with sufficient portable
and stationary equipment so as to allow production of
videotaped programming. The studio shall be maintained and
operated at a location within one of the communities served
by Grantee's cable system in Los Angeles or Ventura Counties
within a thirty (30) mile radius of Moorpark. Such studio
and equipment shall be as the Grantee from time to time
reasonably determines to be necessary or appropriate. The
Grantee shall provide replacement equipment, adequate
consumable supplies and maintenance parts for said equipment
and studio.
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delivery; cost of labor, including social security,
unemployment insurance, worker's compensation insurance and
other benefits; rental value of equipment and machinery; and
the additional cost of supervision and field office
personnel directly attributable to the work; plus ten
percent (10 %) of such aggregate amount as reasonable
allowance for administrative and overhead expenses.
(q) Upon request of the City, VCC will
provide the capability for insertion of video programming
from public school sites, at other than VCC's expense,
provided such sites are designated prior to construction of
the system rebuild described in Section 7(b) above. VCC
will provide City at least 120 days written notice of the
final date by which to designate such school sites, and at
least 60 days before such date, VCC shall provide an
estimate of the cost of constructing such return lines.
This capability will be provided through the construction of
a single return path over VCC's existing cable system or, at
Grantee's sole discretion, a separate dedicated return line
from each site. Separate channels would not be assigned to
each school to achieve this capability. The City will
control access by each school and carriage of its
programming over the Moorpark system. VCC will be
reimbursed for its actual cost (labor and material) for
constructing this capability. The work will be undertaken
in accordance with a schedule reasonably developed by the
Grantee.
The City and /or affected public school
districts shall be responsible for securing all necessary
permits, authorizations, easements and rights -of -way for the
construction of the return line from each such school
site. The Grantee may utilize the services an independent
contractor experienced in the construction of comparable
systems for purposes of undertaking such construction, in
which case the Grantee will be reimbursed for all costs
charged by such contractor for constructing such
extension. The cost for such extension shall include the
cost of materials utilized in such extension, including
sales tax and cost of delivery; cost of labor, including
social security, unemployment insurance, worker's
compensation insurance and other benefits; rental value of
equipment and machinery; and the additional cost of
supervision and field office personnel directly attributable
to the work; plus ten percent (10 %) of such aggregate amount
as reasonable allowance for administrative and overhead
expenses. The construction of such capability from each
site shall be undertaken concurrently as part of a single
construction project for all sites and shall not be
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performed at two or more points in time as separate
projects.
(r) VCC will interconnect its system with the
system operated by Mountain Meadows Cable Television to the
limited extent of providing the governmental and educational
access channel or channels for the City set out under
Section 8(a), 8(c) and 8(m) above to Mountain Meadows Cable
Television. The cost of this interconnection will be borne
by Mountain Meadows Cable Television. Provided all
technical issues have been resolved in advance and Mountain
Meadows has advanced Grantee the costs of establishing such
interconnection, VCC will complete this interconnection in
accordance with a schedule reasonably developed by the
Grantee.
9. PEG Access Capital Improvements.
(a) The Grantee shall provide access support in
the initial amount of One Hundred Thousand Dollars
($100,000.00), to be paid in two installments of Fifty
Thousand Dollars ($50,000.00) each. The first such
installment shall be paid on or before December 31, 1990.
The second such installment shall be paid on or before March
31, 1991, provided that the City shall have provided the
Grantee with a comprehensive operating plan for the
development of governmental and /or educational programming
by the City.
The operating plan shall contain, as a minimum, the
following information:
(i) List of intended governmental and /or
educational users.
for each user. (ii) Planned type and level of programming
(iii) Capital equipment, facilities and
estimated costs required to support the intended uses. This
shall include a survey of existing publicly -owned equipment
that might be available for the intended purposes.
(iv) City commitments to cover operating
expenses and /or support facilities for at least a three
(3) year period.
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Based solely on City's certification that the
operating plan is reasonable and appropriate to meet
governmental and /or educational needs and objectives,
Grantee shall provide the requested funds no later than
thirty (30) days after receipt of City's operating plan.
Grantee is expected to comment upon the plan and provide
recommendations to improve its effectiveness, but may not
withhold any requested funds accompanied by a City
certification of need.
(b) City shall account to the Grantee on an annual
basis for the expenditures of such funds as the Grantee
provides for PEG access equipment and facilities. Such
accounting shall be in reasonable detail as to adequately
identify the sources and uses of all such funds. Such
accounting shall be completed and made available to the
Grantee within one hundred eighty (180) days after each
fiscal year during which the funds were expended.
(c) On or after December 1, 1995, City may request
and Grantee shall provide additional funds for governmental
and /or educational access equipment and facilities in the
sum of Thirty -Seven Thousand Five Hundred Dollars
($37,500.00). Any request shall: (i) include an operating
plan as provided for in, and shall be subject to each of the
requirements of, subparagraph (a) above; and (ii) include a
certification by the City that it has been programming its
initial dedicated channel for the one (1) year preceding the
request in compliance with Section 8(b).
(d) Based on the provisions of the Cable
Communications Policy Act of 1984, City shall determine from
time to time the funding level that it desires to make
available for PEG access operating costs, and the most
appropriate entity to manage government and public access
operations. City may negotiate agreements with
municipalities within the County, or with neighboring
jurisdictions, educational institutions, or others to share
operating expenses, as appropriate. City and Grantee may
negotiate an agreement for management of PEG facilities, if
so desired by both parties.
(e) Subject to the specific provisions of this
Franchise Ordinance, the funds specified in this Section
shall fulfill Grantee's obligations in full under Section
5.06.506 of the Chapter with respect to the purchase of
facilities and equipment for PEG programming and Grantee
shall have no further obligations under such provisions,
except that Grantee is responsible for providing such access
channels as are specified in this Franchise Ordinance, and
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for maintenance, repair, replacement and insurance of PEG
equipment or property under its ownership. Grantee shall
not own equipment for governmental program production, nor
equipment for educational program production purchased by
the City with Grantee funds. Grantee shall not be
responsible for maintenance, repair, replacement or
insurance of equipment acquired for or utilized in
connection with educational or governmental programming.
(f) Beginning on the effective date of the
Franchise Ordinance and continuing through and including the
earlier of June 30, 1991 or the activation of the
governmental and educational access channel provided under
Section 8(a) and 8(m) of this Franchise Ordinance, the
Grantee shall cablecast, on a taped- delayed basis, and free
of charge, City Council meetings, and, upon request,
Planning Commission meetings, School Board meetings, and
special events as designated by the City, provided that the
Grantee shall cover no more than four (4) such meetings and
events in any one month. The Grantee shall provide, free of
charge, the labor for the four events. The City shall pay
the labor charges for additional events or programming at
the Grantee's cost. For other than regularly scheduled
meetings of the City Council, the City shall give the
Grantee at least five days notice of all special meetings to
be programmed. Grantee shall provide to the City copies of
all meetings taped by it and cablecast on 3/4" videotape or
other suitable media.
After the earlier of June 30, 1991 or the
activation of the governmental and educational access
channel provided under Section 8(a) and 8(m) of this
Franchise Ordinance, the City shall be responsible for
providing all personnel, equipment and facilities required
for the production and transmission of its programming on
the governmental and educational service channel. However,
on request of the City, Grantee shall provide training in
the operation and use of the equipment acquired by the City
in connection with this channel, as well as in the operation
of the channel itself and in the insertion procedures for
the carriage of such governmental and educational
programming as the City elects to present over this channel,
provided that Grantee's personnel are qualified in the
operation of such equipment. The City shall be responsible
for the maintenance, repair, replacement and insurance of
such equipment as is acquired for or utilized in connection
with governmental and educational programming.
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10. Letter of Credit; Insurance Coveraqe; Bonds.
(a) Letter of Credit. The Grantee shall
establish a letter of credit in the sum of Ten Thousand
Dollars ($10,000.00). The letter of credit shall be in a
form acceptable to the City Attorney, as required pursuant
to Section 5.06.406 of the Chapter. The Grantee shall
restore to the letter of credit any amount the City
withdraws as liquidated damages, within thirty (30) days
after the City withdraws the money.
The Grantee may request that the City
reduce the letter of credit from Ten Thousand Dollars
($10,000.00) to Five Thousand Dollars ($5,000.00) any time
after Grantee has certified that the upgrade of the cable
television system to 60 channels under Section 7(b) has been
completed, that Grantee has satisfied PEG access
requirements under Section 8(a) and 8(m), and is not in
material breach of the Franchise. The City shall complete
its review of compliance by the Grantee with such conditions
within sixty (60) days after receipt of the Grantee's
request.
The Grantee may provide cash or a cash
equivalent in substitution of the letter of credit provided
under this Section 10, including without limitation a
certificate of deposit or savings account, the rights of
which have been signed over to the City. Any interest
accrued on such cash or cash equivalent security shall be
paid over to the Grantee.
(b) Liability Insurance Coveraqe.
Contemporaneously with the filing of its acceptance of this
Franchise, the Grantee shall deposit certificates of
insurance evidencing the existence of policies of insurance
required pursuant to the provisions of the Chapter.
Initially, the limits of such policies shall be at least
$5,000,000 combined single limit liability for personal
injury and property damage. The limits of such insurance
coverage may be increased to reflect increased hazards
associated with the conduct of the Grantee's business
operations in the City, provided that such increase occurs
no more than once during any three -year period and, provided
further, that such increase does not exceed twenty percent
(20 %) of the then - existing limits of coverage required under
this Subsection. The City shall be included as a named
insured on each of said policies pursuant to
Section 5.06.414 of the Chapter.
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sff /ORD3816z (11- 08 -90 -8)
(c) Other Insurance Coverage. The Grantee
shall maintain during the term of this Franchise, all other
insurance required by law, including, but not limited to,
Worker's Compensation coverage. As to all such required
coverage, the Grantee shall deposit with the City
certificates of insurance evidencing all such coverage. The
City shall be included as a named insured on each of said
Policies pursuant to Section 5.06.414 of the Chapter.
(d) Construction Bonds. At least thirty (30)
days prior to commencing the system rebuild referred to in
Section 7(b) above, the Grantee shall provide, and file with
the City a construction bond in the amount of Fifty Thousand
Dollars ($50,000.00), in a form acceptable to the City
Attorney, which bond shall be in full force and effect
during construction of the rebuild. Such bond shall be
terminated upon satisfactory completion of the rebuild
described in Section 7(b). The Grantee shall provide a
construction bond in an amount not more than Fifty Thousand
Dollars ($50,000.00), and in a form acceptable to the City
Attorney, which bond shall be in full force and effect when
major additions are made to the system during the term of
this Franchise.
11. Liquidated Damages. The City finds, and the
Grantee, by its Acceptance, agrees, that as of the time of
the renewal of this Franchise, it is impractical, if not
impossible to reasonably ascertain the extent of damages
which will be incurred by the City as a result of a material
breach by Grantee of its obligations under this Franchise.
Accordingly, the City, through its City
Manager, Council or a hearing officer, may, in its
discretion, assess liquidated damages for the following: (A)
the sum of Two Hundred Dollars ($200.00) per day, for each
calendar day in excess of thirty (30) days beyond the time
set for completion of: (i) the system rebuild as provided
under Section 7(b), or (ii) completion of the dedicated
channel as provided under Section 8(a) and 8(m), provided
that no such assessment shall be made for the failure of the
Grantee to complete the system rebuild or dedicated channel
within such period attributable to any events subject to
Force Majeure pursuant to the Chapter; (B) the sum of Fifty
Dollars ($50.00) per day for each calendar day in excess of
thirty (30) days that Grantee is in breach of any other
requirement of its Franchise; this sum shall increase to
Seventy -Five Dollars ($75.00) per day beginning on the fifth
anniversary date of the effective date of this Franchise
Ordinance.
Sff/ORD3816z (11-08-90-8)
Prior to assessing any liquidated damages
against the Grantee, the City shall have provided the
Grantee with notice and opportunity to cure in accordance
with the provisions of the Chapter. In addition, the
Council may order the forfeiture of the bonds for delays
exceeding six months, and the termination of the Franchise
for delays exceeding eight months, in each case for delays
within the control of Grantee and otherwise subject to the
notice and cure provisions of the Chapter.
The City finds, and the Grantee, by its
Acceptance, acknowledges and agrees that the above-described
liquidated damages provisions represent a reasonable sum in
light of all of the circumstances. Said liquidated damages
sums shall be applicable to each calendar day of delay
following expiration of the 30-day notice period provided
above during which Grantee has been found by the City
Council to be in material default pursuant to this
Section. The Grantee shall pay any liquidated damages
assessed by the City Council within ten (10) days after they
are assessed. If they are not paid within the ten-day
period, the City may withdraw them from the security fund.
12. Privacy. Beginning July 1, 1991, Grantee
shall not market mailing lists with names and addresses of
subscribers unless Grantee has provided subscribers with a
form which permits subscribers to check a box and mail in
the form to delete his or her name from the mailing list.
13. Alternative Remedies. Neither the termination
of the Franchise nor the imposition of liquidated damages
shall be deemed to be the exclusive remedy for a breach of
this Franchise.
14. Billinq Statement. Where the Grantee provides
an entry level of cable service comprised solely of local
broadcast stations and PEG programming, compliance with
Section 5.06.704 of the Chapter shall be deemed to exist
when the Grantee notifies its subscribers in the City on a
quarterly basis of the availability of such entry level of
service and the price of that level of service. Such
notification may appear on the subscriber's monthly
statement, in a bill stuffer provided with such monthly
statement, in a newsletter or any other form of written
notice directed to the subscriber.
15. :_Acceptance- The Grantee shall, within forty-
five (45) days after passage of the Franchise ordinance,
file in the office of the City Clerk a written Acceptance of
the Franchise Ordinance executed by the Grantee in a form
approved by the City Attorney.
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sff /ORD3816z (11- 08 -90 -8)
16. Subscriber Satisfaction Survey. The
subscriber satisfaction survey required under Section
5.06.1112 of the Chapter may be satisfied by a survey
including the Los Angeles and Ventura County communities
served by Grantee.
SECTION 2. The City Clerk shall certify the
adoption of this Ordinance.
PASSED,
NOVEMBER
APPROVED AND ADOPTED this
1990.
21st day of
ayor
I HEREBY CERTIFY that the foregoing Ordinance was
duly adopted by the City Council of the City of Moorpark at
a regular meeting thereof, held on the 21stday of
NOVEMBER 19 90, by the following vote of the
COUNCIL:
AYES: COUNCILMEMBERS MONTGOMERY, PEREZ, COUNCILMEMBERS
WOZNIAK AND MAYOR LAWRASON
NOES: NONE COUNCILMEMBERS
ABSENT NONE COUNCILMEMBERS
APPROVED AS_.,TO FORM:
CITY A TORN vY
-20-
MOORPARK
BERNARDO M.PEREZ
Mayor
SCOTT MONTGOMERY
Mayor Pro Tern
ELOISE BROWN
Councilmember
CLINT HARPER, Ph.D.
Councilmember
PAUL W. LAWRASON, Jr.
Councilmember
LILLIAN KELLERMAN
City Clerk
STATE OF CALIFORNIA )
COUNTY OF VENTURA )
CITY OF MOORPARK j
SS.
STEVEN KUENY
City Manager
CHERYLJ.KANE
City Attorney
PATRICK RICHARDS, A.I.C.P.
Director of
Community Development
R. DENNIS DELZEIT
City Engineer
JOHN V. GILLESPIE
Chief of Police
RICHARD T. HARE
City Treasurer
I, Lillian E. Kellerman, City Clerk of the City of Moorpark,
California, do hereby certify under penalty of perjury that
the foregoing Ordinance No. 134 was adopted by the
City Council of the City of Moorpark at a meeting held on
the 21 day of NOVEMBER
1990, and that the
same was adopted by the following vote:
AYES: COUNCILMEMBERS MONTGOMERY, PEREZ, WOZNIAK AND MAYOR LAWRASON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
WITNESS my hand and the official seal of said City this
26th day of NOVEMBER , 1990.
ILLIAN E. KELLE MA
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864