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ORDINANCE NO. 3078
AN ORDINANCE OF THE CITY OF SAN BERNARDINO GRANTING A
FRANCHISE TO INTERNATIONAL CABLE TELEVISION CORPORATION.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
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SECTION 1. DEFINITIONS. For the purposes of this ordi-
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nance, the following terms, phrases, words, and their derivations
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shall have the meaning given herein. When not inconsistent with
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the context, words used in the present tense include the future,
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words in the plural number include the singular number, and
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words in the singular number include the plural number. Pro-
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visions of this ordinance shall be construed in accordance with
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the Laws of the State of California.
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14 (a) "City": The City of San Bernardino, a municipal
corporation of the State of California, in its present incor-
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porated form or in any later reorganized, consolidated, enlarged
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or reincorporated form.
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(b) "Council": The present governing body of the
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City or any future board constituting the legislative body of
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the City.
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21 (c) "Franchise Property": All property retained by
the Grantee in a street under authority of this franchise.
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23 (d) "Grantee": The person or corporation to whom or
which this franchise is granted by the Council, and the lawful
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successor or assignee thereof, and who or which has filed with
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the City an acceptance referred to in Section 3.
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27 (e) "Street": The surface of, and the space above
and below any public street, road, highway, freeway, lane, alley,
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court, sidewalk, parkway, drive or space allocated for public
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utility easements, now or hereafter existing as such within the
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City.
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(f) "Closed Circuit System": Coaxial cables, wave
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1 guides, other conductors or other closed channels for providing
2 entertaining, educational, informational or intelligence material,
3 visual, audible or other, by radio frequency, electric impulses
¢ or radio frequency electromagnetic waves passing over, on, in
5 or through such facilities, excluding any general broadcast of
6 radiant energy, for consideration or as a public service to
7 Subscribers, at the selection of the Grantee.
8 (g) "Subscriber": Any person or entity receiving for
g any purpose Closed Circuit System signals or other Closed Circuit
10 System transmission.
11 SECTION 2. FRANCHISE GRANT. The franchise hereby granted
12 by the City authorizes International Cable Television Corporation,
13 subject to the provisions herein contained, to maintain and
14 retain on telephone and power poles in streets such poles, wires,
15 cable, conductors, ducts, conduits, vaults, manholes, amplifiers,
16 appliances, attachments, and other property as may be necessary
17 and appurtenant to a Closed Circuit System. Grantee and its
18 successors, transferees and assigns will not, during the duration
19 of this franchise, serve any subscribers, persons, firms or
20 corporations or provide such impulses or signals or reproductions
21 of sights and sounds to any subscriber, person, firm or corpora-
~ 22 tion in said City.
2S SECTION 3. DURATION OF GRANT. This franchise shall be
24 effective on the thirty-first (31st) day after the publication
25 of this ordinance, provided the Grantee has paid to the City
26 the sum of one hundred dollars ($100.00) and, has filed with
27 the City, within twenty (20) days after such date of publication,
28 a written instrument, addressed to the Council, accepting this
29 franchise and agreeing to comply with its provisions.
30 This franchise shall expire twenty-five (25) years after
31 the effective date hereof, unless sooner terminated by the City
32 Council, in the event the Council shall have found, after notice
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1 and hearing, that: (a) the Grantee has failed to comply with
2 any material provisions hereof; or (b) any provision hereof has
3 become invalid or unenforceable, and the Council finds that such
4 provision constitutes a consideration material to the grant of
5 this franchise; provided, however, that the Grantee shall be
6 given at least thirty (30) days' notice of any termination
7 proceedings.
$ SECTION 4. SURRENDER OF OTHER FRANCHISES.
9 (a) By its acceptance of this franchise grant or of
10 an assignment thereof, the Grantee agrees that upon subsequent
j 11 additions of areas to the City either by annexation, consolidation
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12 or otherwise, all Closed Circuit System franchises of the
13 Grantee in such areas are thereby surrendered; provided, however,
14 that should this franchise be declared invalid or be rendered
15 inoperative by a final judgment, decree or order of any court of
16 competent jurisdiction, the franchises thereby surrendered shall
17 thereafter have the same force and effect as if such surrender
I8 had not occurred.
19 (b) By its acceptance of this franchise grant or of an
20 assignment thereof, the Grantee agrees that any Closed Circuit
21 System facilities and appurtenances in streets, which are subse-
22 quently acquired by the Grantee or which were authorized by
23 franchises surrendered pursuant to the provisions of this section,
24 are thereupon authorized by and shall be subject to the provisions
25 of this franchise.
26 SECTION 5. LIMITATIONS ON GRANT.
27 (a) No privilege or exemption is granted or conferred
28 by this franchise except those specifically prescribed herein.
29 (b) Any privilege claimed under this franchise by
30 the Grantee in any street shall be subordinate to any prior lawful
31 occupancy of the streets, or other public property.
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32 (c) This franchise is a privilege to be held in
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l~ personal trust by the original Grantee. It cannot in any event
2 be transferred in part, and it is not to be sold, transferred,
3 leased, assigned, or disposed of as a whole, either by forced
4 sale, merger, consolidation, or otherwise, without prior consent
5 of the City expressed by ordinance, and then only under such
' 6 conditions as may be therein prescribed; provided, however, that
7 no such consent shall be required for any transfer in trust,
8 mortgage, or other hypothecation, as a whole, to secure an in-
9 debtedness. Prior consent of the City expressed by ordinance
10 shall be required in the event the Grantee issues licenses for
11 operations under this franchise to Operating Licensees and such
12 licenses shall be subject to all the conditions prescribed in
13 the ordinance granting consent and the provisions of this franchi e.
14 Nothing contained herein shall relieve the Grantee from any of
15 its duties and obligations under this franchise.
16 (d) Time is of the essence of this franchise. The
17 Grantee shall not be relieved of its obligation to comply promptl
lg with any of its provisions by any failure of the City to enforce
19 prompt compliance.
20 (e) Any right or power in, or duty impressed upon,
21 any officer, employee, department, or Board of the City, is
22 subject to transfer by the City to any other officer, employee
23 department or Board of the City.
24 (f) The Grantee shall have no recourse whatsoever
25 against the City for any loss, cost, expense or damage, arising
2g out of any provision or requirement of this franchise or its
try enforcement.
28 (g) Grantee is subject to all requirements of the
29 City Charter and of all ordinances, rules, regulations, and
30 specifications of the City, heretofore or hereafter enacted or
31 established, including, but not limited to-, those concerning
32 street work, street excavations, use, removal and relocation of
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11 property within a street, and other street work.
2 (h) This franchise does not relieve the Grantee of
3 any obligation involved in obtaining pole space from any depart-
4 ment of the City or from others maintaining poles in streets.
5 (i) Grantee shall be limited in its exercise of
6 rights granted under this franchise to the area of portions
q of California Street as delineated in Exhibit "I" attached
$ hereto and incorporated herein as fully as though set forth at
9 length. .
10 SECTION 6. RIGHTS RESERVED TO CITY.
11 (a) There is hereby reserved to the City every right
12 and power which is required to be herein reserved or provided by
13 any ordinance of the City, and the Grantee by its acceptance of
14 this franchise agrees to be bound thereby and to comply with any
15 action or requirement of the City in its exercise of any such
16 right or power, heretofore or hereafter enacted or established.
17 (b) Neither the granting of this franchise nor any
18 of the provisions contained herein shall be construed to prevent
19 the City from granting any identical, or similar, franchise to
20 any person or corporation other than the Grantee.
21 SECTION 7. LOCATION OF FRANCHISE PROPERTIES. Franchise
22 property shall be constructed or installed in streets only at
28 such locations and in such manner as shall be approved by the
24 Superintendent of Streets, acting in the exercise of reasonable
25 discretion. Construction or installation of franchise property
26 in all other public places shall be subject to approval of and
27 regulation by the City Council.
28 SECTION 8. REMOVAL OR ABANDONMENT OF FRANCHISE PROPERTY.
29 (a) In the event that the use of any franchise
30 Property is discontinued for any reason for a continuous period
31 of twelve (12) months or that franchise property has been
32 installed in any street without complying with the requirements
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1~ of this franchise, the Grantee shall promptly remove from the
2 street all such property other than any which the Street Super-
3 intendent may permit to be abandoned in place. In the event of
¢ any such removal, the Grantee shall promptly restore the street
5 or other area from which such property has been removed to a
~, 6 condition satisfactory to the Superintendent of Streets.
7 (b) Franchise property to be abandoned in place shall
g be abandoned in such manner as the Superintendent of Streets shall
g prescribe. Upon permanent abandonment of any franchise property
10 in place, the Grantee shall submit to the Superintendent of
11 Streets an instrument, satisfactory to the City Attorney, trans-
12 ferring to the City the ownes&hip of such property.
13 SECTION 9. CHANGES REQUIRED BY PUBLIC IMPROVEMENTS.
14 The Grantee shall, at its expense, protect, support, temporarily
15 disconnect, relocate in the same street, alley, or public place,
16 or remove from any street, alley or public place, any franchise
17 property when required by the Superintendent of Streets, by
jg reason of traffic conditions, public safety, street vacation,
19 freeway and street construction, change or establishment of
2p street grade, installation of sewers, drains, water pipes, power
21 lines and tracks or any other type of structures or improvements
22 by governmental agencies when acting in a governmental or
23 proprietary capacity, or any other structures or public improve-
24 ments; provided, however, that Grantee shall in all such cases
25 have the privileges and be subject to the obligation to abandon
2g franchise property in place, as provided in Section 8.
try SECTION 10. FAILURE TO PERFORM STREET WORK. Upon failure
2g of the Grantee to complete any work required by law or by the
29 provisions of this franchise to be done in any street, within
30 the time prescribed and, to the satisfaction of the Superintendent
31 of Streets, the Superintendent of Streets may cause such work
32 to be done and the Grantee shall pay to the City the cost thereof
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1 in the itemized amounts reported by the Superintendent of Streets
2 to the grantee, within thirty (30) days after receipt of such
3 itemized report. _,
4 SECTION 11_ INSPECTION OF PROPERTY AND RECORDS. At all
5 reasonable times, the Grantee shall permit any duly-authorized
6 representative of the City to examine all franchise property,
7 together with any appurtenant property of the Grantee situated
8 within or without the City, and to examine and transcribe any
9 and all maps and other records kept or maintained by the Grantee
10 or under its control which treat of the operations, affairs,
11 transactions or property of the Grantee with respect thereto.
12 Grantee, shall, after reasonable request, furnish to the Street
13 Superintendent, copies of maps and records showing the exact
14 location of all Closed Circuit System equipment installed, or
15 in use, by Grantee, in streets, alleys and public places of the
16 City.
17 SECTION 12 SEVERABILITY. If any section, subsection,
18 sentence, clause or phrase of the ordinance is for any reason
19 held illegal, invalid, or unconstitutional, such invalidity
20 shall not affect the validity of the ordinance or any of the
21 remaining portions thereof. The invalidity of any portion of
22 this ordinance shall not abate, reduce or otherwise affect any
23 consideration or other obligation required of the Grantee by
24 this franchise.
25 I HEREBY CERTIFY that the foregoing ordinance was duly
26 adopted by the Mayor and Common Council of the City of San Ber-
27 nardino at a ,'~6i.Y~/'/1i3~ meeting thereof, held on the ~f
28 day of ~~i~i 1970 by the following vote, to wit:
29 AYES: Councilmen /~~~~n/,,~/ _,i~jif~.}/ ,e~~
30 an_T ~~C~~z~o~~
31 NOES: ~J;r„~/
32 ABSENT: ~~J~i~)J2..PA7/ aalOJJ7.JJLcQ/'~~~.llF~/
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ity C erk
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1 The foregoing ordinance is hereby approved this
2 day of A nf/ 1970.
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Mayor of the City of San Be nardino
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6 Approved as to form:
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8 ty Atta ney
(P)
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3° FILED
3z JUiv 16 187U
IUCI~L
'E GOfORTH, City Clerk
Oversized
Map
Attached to
Original
Ordinance