La Mirada Municipal Code Ch. 4.55 Grant of Catv Franchise--California Cablesystems, Inc

The terms, phrases, words, abbreviations and their derivation used in this chapter shall have the definitions and meanings specified in Chapter 4.50 of this title.

(Ord. 383 § 2 Ex. A (part), 1986).

Subject to the provisions of Chapter 4.50 of this title and the franchise limitations set forth therein, a nonexclusive franchise is granted to California Cablesystems, Inc. ("grantee" hereinafter) for the transmitting, receiving, distributing and supplying of radio, television and other cable communication services along, across and upon the public streets, ways, alleys and places within the city.

(Ord. 383 § 2 Ex. A (part), 1986).

It is the purpose and intent of this chapter to grant a franchise to engage in the business of operating a cable communication system in the city particularly described in this chapter. It is the further purpose and intent of this chapter that the grantee of the franchise granted by the ordinance codified in this chapter provide the citizens of the city the best possible community cable communication services consistent with the state of the art and rates reasonable to both grantee and its subscribers.

(Ord. 383 § 2 Ex. A (part), 1986).

This franchise relates to the present territorial limits of the city and to any area hereafter annexed thereto during the initial term of this franchise and any renewal or renewals thereof.

(Ord. 383 § 2 Ex. A (part), 1986).

(a) This franchise shall become effective on the thirtieth day subsequent to the passage of the ordinance codified in this chapter provided, that as of that date grantee has timely filed with the designated city officials any and all documents and bonds, has timely made any and all payments and has timely performed any and all acts specified in Chapter 4.50 of this title as prerequisites to the effectiveness of this franchise.

(b) The term of this franchise shall continue until December 31, 2002.

(Ord. 404 § 2, 1987; Ord. 383 § 2 Ex. A (part), 1986).

Grantee shall, at its sole cost and expense, cause to be constructed, installed and rendered fully operational, a CATV system serving the entirety of the city and complying with the technical criteria and performance standards set forth in Chapter 4.50 of this title and contained in Exhibit "A" attached hereto and incorporated in this chapter by reference, including standards for local origination facilities, within one year from the effective date of the ordinance codified in this chapter; provided, that grantee shall be entitled to such extensions of time to cause the same to be accomplished as are equal to delays in said construction and installation which are due to acts of God, acts of the public enemy, fires, floods, epidemics, quarantine restrictions, strikes, lockouts, freight embargoes, unusually severe weather, or from any other cause beyond the reasonable control of grantee and/or its employees, agents or contractors. Due to the fact that it would be extremely difficult to ascertain and qualify the amount of damages which would be incurred by the city and its residents should grantee not timely complete the construction and installation referred to in this section, the city shall be entitled to collect and receive from grantee the sum of one thousand dollars per day as liquidated damages for each day of grantee's delay beyond the time prescribed in this section for completing the construction and installation specified in this section.

(Ord. 383 § 2 Ex. A (part), 1986).

Grantee's operation and maintenance of a CATV system within the city pursuant to this franchise shall at all times adhere to the technical criteria and performance standards set forth in Chapter 4.50 of this title and contained in Exhibit "A" attached to the ordinance codified in this chapter and available for inspection in the office of the city clerk.

(Ord. 404 § 7, 1987; Ord. 383 § 2 Exh. A (part), 1986).

The grantee shall, upon determination by the city by resolution, provide a senior citizen discount of up to thirty-three percent of its basic monthly service rate to subscribers. Senior citizens shall include persons who act as head of the household and shall be sixty-two years of age and above.

(Ord. 404 § 3 (part) , 1987).

In addition to its other portable equipment, grantee shall provide for use in the city, at reasonable times and for reasonable periods of time requested by the city, a self-contained mobile van, equipped so as to have necessary remote production capability for origination of programming.

(Ord. 446 § 1, 1990; Ord. 383 § 2 Ex. A (part), 1986).

The grantee shall provide the following or equivalent support for local programming:

(1) The grantee shall provide free of charge consulting and training services on production and program format and the use of public access, governmental and educational channels.

(2) The grantee shall offer and conduct a free workshop, not less than four times a year, to provide training in the technical and conceptual skills required for community television production. Announcements of the date, time and place of such workshops shall be made over the public access and community affairs channels no less than six times daily for a two-week period prior to the workshop. Notice of the workshop shall also be published in the subscriber's program guide or a newspaper of general circulation in the municipality. Attendance at and completion of such a workshop or evidence satisfactory to the grantee of equivalent training or experience may be a prerequisite for using production facilities and equipment.

(3) A full-time, professional staff shall be employed by the grantee to conduct training programs to promote the public use of the public channels, community affairs, and other cablecasting channels, to advise such users on the programming and production matters and to otherwise fulfill the grantee's community programming obligations hereunder.

(4) The grantee, in conjunction with access users, community organizations and volunteers, shall produce and cablecast on the system, no later than twelve months following the date of transfer of the franchise to American, an average minimum of ten original hours of community programming per week including programming originated by or for other communities served by the system. If the average number of community programming hours produced and cablecast falls below the number stipulated, the grantor shall have the right to require the grantee to increase its community programming production staff within ninety days of written notice of noncompliance. For the purposes hereof, the measurement of average number of hours produced and cablecast shall be calculated twice yearly in February and July, and shall include the periods between the previous July 1st and December 31st and January 1st and June 30th respectively.

(5) The grantee shall make expenditures in support of the community programming efforts described in paragraphs (1) through (4) herein each year to the two percent of its gross revenues related to the operation of the system for the previous year.

(6) The grantee agrees to work cooperatively with the La Mirada Civic Theater to explore co-production opportunities. If the theater and the grantee agree that an event (or events) has commercial potential for both parties, grantee agrees to enter into good-faith negotiations with the goal of structuring a joint venture agreement.

(7) The grantee shall provide a minimum of ten free promotional advertising spots of ten to thirty seconds in length for the La Mirada Civic Theater on an annual basis. The length, quality and timing for cablecasting of each advertising spot shall be mutually agreed upon by the grantee and the theater staff. The grantee shall not cablecast said advertising without the consent of the Civic Theater management.

(8) The grantee shall insert into customer billing statements promotional material(s) provided by the La Mirada Civic Theater, on a semiannual basis. The grantee shall pay for the costs of insertion of the promotional material and the theater shall pay for the total cost of producing the promotional material. The theater shall notify the grantee ninety days in advance to reserve a space in the billing statement and shall provide the grantee and CableData with the artwork for the promotional material according to a mutually agreed-upon schedule.

(9) The grantee shall pay the city the amount of fifty thousand dollars. The grantee shall make the payment either in form of cash or the value of production equipment up to said amount. The form and method of payment shall be mutually agreed upon by the grantee and the city. If the grantee and the city determine that the payment is to be made in cash, the grantee shall make payment upon the effective date of the franchise ordinance. If the grantee and the city determine that the payment is to be made with production equipment up to said amount, then the production equipment will be provided by the grantee within a time period to be mutually agreed upon by grantee and city.

(Ord. 404 § 5, 1987).

In the event that the city desires to acquire the CATV system which is the subject of this franchise at the conclusion of the term hereof or any renewal period of that term, the city shall apply written notice of that desire to grantee at least six months prior to the conclusion of that term or renewal period. City and grantee then shall each promptly appoint one appraiser to establish the fair market value of the system as a whole to be acquired by the city. The two appraisers shall select a third appraiser who will chair the appraisal board. The board then will, by majority vote, determine the value of the system to be acquired by the city as a whole. Such value determined by the appraisal board shall be binding on both grantee and city and shall be used as the purchase price of said system should city acquire the same by negotiation and written agreement entered into prior to the conclusion of the subject term of this franchise of the subject renewal thereof. Further, such value determined by the appraisal board shall be used as the fair market value of the CATV system which is the subject of this franchise in any eminent domain proceeding instituted by city. Notwithstanding the foregoing, in the event of any acquisition by the city subsequent to the expiration or termination of this franchise or any renewal period of that term, the value of the system to be acquired by the city shall not include any sum for the franchise itself.

(Ord. 404 § 6, 1987).

Should any provision or provisions of this chapter be held, found or determined by a court of law to be inconsistent with any provision or provisions contained in Chapter 4.50 of this title, the provision or provisions of this chapter shall control and prevail.

(Ord. 383 § 2 Ex. A (part), 1986).