HomeMy WebLinkAbout0749.1 -
ORDINANCE NO. 749 (1978 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO
GRANTING A FRANCHISE FOR CABLE TELEVISION SERVICE
WITHIN THE CITY TO SONIC CABLETV FOR A PERIOD OF
FIFTEEN YEARS.
BE IT ORDAINED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. A franchise for cable television service within the city
is hereby granted to SONIC CABLE TV, for a period of fifteen (15) years,
commencing retroactively on April 1, 1978. The terms and conditions of
said franchise are contained in Ordinance No. 244 (1962 Series) as amended
by Ordinance No. 288 (1964 Series), which are attached hereto as Exhibits
"A" and "B", respectively, and are incorporated herein by reference.
SECTION 2. This Ordinance is enacted pursuant to the authority
provided in and all of the provisions, terms and conditions, as applicable
of Article XIII of the City Charter.
SECTION 3. This Ordinance, together with the ayes and noes, shall be
published once in full, at least three (3) days prior to its final passage
in the Telegram- Tribune, a newspaper published and circulated in said City,
ail the same shall go into effect at the expiration of thirty (30) days after
its said final passage but shall not become operative until such time as
the attached "Acceptance of Franchise" is executed and filed with the City
a' Clerk. (See Exhibit "C".)
INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis
Obispo at a Regular Meeting thereof held on the 4th day of. April ,
1978, on motion of Councilman Jorgensen , seconded by Coiiincilman Settle
and on the following roll call vote:
AG:ktm 2/28/78
0 749
Ordinance No. 749
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(1978 Series)
AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz
NOES: None
ABSENT: None
ATTEST:
Cit lerk J.H. Fitzpatrick
Approved as to form:
WENDT, MITCHELL, SZNSHETMER,
de la MOTTE & LZLLEY Q
City Attorney
A
By Allen Grimes
Approved as to content:
95ANIS��
City Administrative Nficer
F nance Di c
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EXHIBIT "A"
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ORDINANCE NO. 244 (1962 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO PROVIDING FOR
THE GRANTING OF FRANCHISES FOR COMMUNITY ANTENNA TELEVISION
SYSTEMS IN THE CITY OF SAN LUIS OBISPO; PROVIDING TERMS AND
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CONDITIONS FOR THE OPERATION OF SUCH COMMUNITY ANTENNA TELE-
VISION SYSTEMS AND FEES THEREFOR.
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
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SECTION 1. A nonexclusive franchise to construct, operate and maintain a
community antenna television system in the City of San Luis Obispo may be granted
by the City Council to any person, firm or corporation offering to furnish and
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provide such system under and pursuant to the terms and provisions of this
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Ordinance.
SECTION 2. DEFINITIONS: For'the purpose of this Ordinance, the following
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terms, phrases, words and their derivations shall have the meaning given herein:
.(a) "CITY ": The City above named, a municipal corporation of the
State of California, in its present incorporated form or in any later
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recognizedo recognized consolidated enlarged or reincorporated form.
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(b) "COUNCIL ": The present governing body of the City or any future
board constituting the legislative body of the City.
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(c) "GRANTEE ": The persons or corporations to whom or which a fran-
chise under this Ordinance is granted by the City Council and the lawful
successor or assignee of said persons or corporations.
(d) "STREET ": The surface of, and the space above and below, any
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public street, road, highway, freeway, lane, alley, court, sidewalk, park-
way, or drive, now or hereafter existing as such within the City.
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(e) "COMMUNITY ANTENNA TELEVISION SYSTEM ": hereinafter referred to
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as "CATV ", Coaxial cables, wave guides, or other conductors and equipment
for providing television service by cable or through its facilities as herein
contemplated. CATV shall not mean or include the transmission of any special
program or event in the manner commonly known and referred to as "Pay tele-
vision" transmission.
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(f) "SUBSCRIBERS ": Any person or entity receiving for any purpose the
CATV service of the Grantee herein.
(g) "GROSS ANNUAL RECEIPTS ": Any and all compensation and other con -
sideration in any form paid by the subscriber or sponsor to the Grantee
arising from the sale of said CATV service to customers within the corporate
limits of the City.
EXHIBIT "A"
a
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Gross Annual Receipts shall not.include any taxes on the services
furnished by the Grantee imposed directly on any user or subscriber by any
City, State or other government unit and collected by the Grantee for such
governmental unit.
(h) "LOCAL STATION ": A television broadcasting station whose primary
service area includes the City of San Luis Obispo.
SECTION 3. USES PERMITTED BY GRANTEE: Any nonexclusive franchise granted
pursuant to the provisions of this Ordinance shall authorize and permit the
Grantee to engage in the business of operating and providing a CATV system in
the City of San Luis Obispo and for that purpose to erect, install, construct,
repair, replace, reconstruct, maintain and retain in, on, over, under, upon,
across and along any public street or highway, such poles, wires, cable, con-
ductors, ducts, conduit, vaults, manholes, amplifiers, appliances, attachments,
and other property as may be necessary and appurtenant to the CATV system; and
in addition, so to use, operate and provide similar facilities or properties
rented or leased from a public utility franchised or permitted to do business
in the City of San Luis Obispo.
It is hereby declared that the purpose and intent of this Ordinance is
to prohibit in any form what is commonly known as "Pay TV" and to prohibit any
Grantee of any CATV system, under penalty of revocation of franchise, or any
other person, company, corporation or association, from directly or indirectly
installing, maintaining or operating on any television set a coin box or any
other device or means for collection of money for individual programs.
The Grantee may make a charge to subscribers for conuvct- on to its
CATV system and a fixed monthly charge as filed and approved as herein provided,
for transmission to them only of television programs received free by the public
generally and /or closed circuit educational TV.
SECTION 4. DURATION OF FRANCHISE: No franchise, granted by the City Council
under this Ordinance, shall be for a term longer than fifteen (15) years following
the date of acceptance of such franchise by the Grantee or the renewal thereof.
Any such franchise may be terminated prior to its date of expiration by the City
Council in the event that said Council shall have found, after notice and public
hearing, that (a) Grantee has failed to comply with any provision of this Ordinance,
or has, by act or omission, violated any term or condition of any franchise or
permit issued under this Ordinance; or (b) any provision of this Ordinance has
become invalid or unenforceable, and the Council further finds that such pro-
vision constitutes a consideration material to the grant of said franchise;
provided, however, that the Grantee shall be given at least thirty (30) days'
notice of any proposed termination proceedings.
SECTION 5. FRANCHISE PAYMENT: Any Grantee granted a franchise under this
Ordinance shall pay to the City, during the life of such franchise, and at the
times hereinafter specified, a sum equal to a percentage of the monthly total
gross receipts of the Grantee based upon proposals to be received by the Council,
and such payment by the Grantee to the City shall be in lieu of any occupation
tax, license tax or similar levy, and shall be paid monthly within ten (10) days
after the end of each month. If the monthly payment based on the percentage of
the monthly total gross receipts of the Grantee amounts to less than $100.00 per
month, then Grantee shall pay the City the minimum amount of $100.00 per month.
The Grantee shall file with the City, within thirty (30) days after the
expiration of any calendar year during which such franchise is in force, a
financial statement prepared by a certified public accountant showing in 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 state-
ments, any unpaid balance for the calendar year covered by such statements.
The City shall have the right of inspection of all of the Grantee's
records pertaining to Grantee's operations within the City of San Luis Obispo.
SECTION 6. LIMITATIONS OF FRANCHISE:
(a) Franchise granted under this Ordinance shall be nonexclusive.
(b) No privilege or exemption shall be granted nr conferred by any
franchise granted under this Ordinance except those specifically prescribed
herein.
(c) Any privilege claimed under such franchise by the Grantee in any
street, or other public property, shall be subordinate to any prior lawful
occupancy of the streets, or other public property.
(d) Any such franchise shall be a privilege to be held in personal
trust by the original Grantee. It cannot in any event be sold, transferred,
leased, assigned or disposed of, in whole or in part, either by forced or
involuntary sale, or by voluntary sale, merger, consolidation or otherwise,
without prior consent of the City Council of the City expressed by resolution,
and then only under such conditions as may be therein prescribed. The 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 all provisions of this Ordinance; and provided, further, that no such
consent shall be required for a transfer in trust mortgage or other .
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_.� hypothecation as a whole, to secure an indebtedness.
(e) The Grantee shall have no recourse whatsoever against the City for
any loss, cost, expense, or damage, arising out of any provisions or require-
_. ments of this Ordinance or its enforcement.
F- (f) The Grantee is subject to all requirements of the City ordinances,
rules, regulations and specifications of the City 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.
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SECTION 7. RIGHTS RESERVED TO THE CITY: There is hereby reserved to the City
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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 any franchise, agrees
to be bound thereby and to comply with any action or requirements of the City in
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its exercise of such right or power, heretofore or hereafter enacted or established.
However, every proposal shall include complete CATV service in the entire area
within the City limits.
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SECTION 8. PERMITS AND AUTHORIZATIONS: The Grantee shall proceed within
thirty (30) days with due diligence to obtain all necessary permits and authorizations
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which are required in the conduct of its business, including utility joint use attach
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ment agreements, and microwave carrier licenses to be granted by duly constituted
regulatory agencies having g y encies g g jurisdiction over the operation of CATV systems, or their
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associated microwave transmission facilities. Further, the Grantee shall commence
the installation within ninety (90) days subsequent to the obtaining of all the
necessary permits and authorizations, and shall proceed to render service to sub-
scribers within sixty (60) days following the commencement of installation of the
system. The completion of the installation shall be pursued with reasonable
diligence thereafter, so that service to all areas designated on the map accompany-
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ing the application for franchise, as provided in Section 19 hereof, shall be pro-
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vided within twelve (12) months from the date that service was first rendered,
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provided that the Council may, upon request of the applicant, grant an extension
of time if the Council determines such request is justified. Failure to do any
of the foregoing shall be grounds for termination of franchise.
SECTION 9. LOCATION OF GRANTEES PROPERTIES:
(a) Any poles, wires, cable lines, conduits or other properties of the
Grantee to be constructed or installed in streets, shall be so constructed
or installed only at such locations and in such manner as shall be approved
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by the Superintendent of Streets of the City acting in the exercise of his
reasonable discretion.
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(b) The Grantee shall not install or erect any facilities or apparatus
on public property or rights -of -way within the City (except those installed
or erected upon public utility facilities now existing), without written
approval of the Superintendent of Streets of the City.
(c) In those areas and portions of the City where either the trans-
mission and distribution facilities of the public utility providing telephone
service, or those of the utility providing electric service, are underground
or hereafter may be placed underground, then the Grantee shall likewise con-
struct, operate and maintain all of its transmission and distribution facilities
underground. Amplifiers in Grantee's transmission and distribution lines may
be on concrete boxes or vaults upon the surface of the ground.
SECTION 10. REMOVAL OR ABANDONMENT OF PROPERTY OF GRANTEE:
(a) In the event that the use of any part of the CATV system is dis-
continued for any reason for a continuous period of twelve (12) months, or in
the event such system or property has been installed in any street or public
place without complying with the requirements of its franchise, or the fran-
chise has been terminated, cancelled or has expired, the Grantee shall promptly,
upon being given notice, remove from the streets or public places all such
property and poles of such system other than any which the Superintendent of
Streets may permit to be abandoned in such 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 Superinten-
dent of Streets.
SECTION 11. CHANGE REQUIRED BY PUBLIC I14PROVEMENT: The Grantee shall, at
its expense, protect, support, temporarily disconnect, relocate in the same
street, alley or public place, or remove from the street, alley or public place,
any property of the Grantee when required by the Superint- .Im.nt of Streets by
reason of traffic conditions, public safety, street vacation, freeway and street
construction, change or establishment of street grade, installation of sewers,
drains, water pipes, power lines, signal lines, and tracks or any other type of
structures or improvements by governmental agencies when acting in a govern-
mental or proprietary capacity, or any other structures or public improvements;
provided, however, the Grantee shall in all such cases have the privileges and
be subject to the obligations to abandon any property of the Grantee in place,
as provided in Section 10 hereof.
SECTION 12. FAILURE TO PERFORM STREET WORK: Upon failure of the Grantee
to complete any work required by law or by the provisions of this Ordinance to
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be done in any street, within the time prescribed, and to the satisfaction of the
Superintendent of Streets, the Superintendent of Streets 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 Superintendent of Streets to the Grantee, within thirty
(30) days after receipt of such itemized report.
SECTION 13. FAITHFUL PERFORMANCE BOND:
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(a) The Grantee shall, concurrently with the filing of and acceptance
of award of any franchise granted under this Ordinance, file with the City
Clerk, and yearly thereafter maintain in full force and effect for the term
of such franchise, at Grantees sole expense, a corporate surety bond in a
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company approved by, and in a form to be approved by, the City Attorney, in
the amount of $25,000.00, renewable annually, and conditioned upon the
faithful performance of Grantee, and upon the further condition that in the
event Grantee shall fail to comply with any one or more of the provisions
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of this Ordinance, or of any franchise issued to the Grantee hereunder, there
shall be recoverable jointly and severally from the principal and surety of
such bond any damages or loss suffered by the City as a result thereof, in-
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eluding the full amount of any compensation, indemnification, or cost of
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removal or abandonment of any property of the Grantee as prescribed hereby
which may be in default, plus a reasonable allowance for attorney's fees and
costs, up to the full amount of the bond; said condition to be a continuing
obligation for the duration of such franchise and thereafter until the
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Grantee has liquidated all of its obligations with the City that may have
arisen from the acceptance of said franchise by the Grantee or from its
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exercise of any privilege therein granted. The bond shall provide that
thirty (30) days prior written notice of intention not to renew, cancel-
lation, or material change, be given to the City.
(b) Neither the provisions of this section, any bond accepted by the
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City pursuant thereto, nor any damages recovered by the City thereunder, shall
be construed to excuse faithful performance by the Grantee or limit the lia-
bility of the Grantee under any franchise issued hereunder or for damages,
either in the full amount of the bond or otherwise.
SECTION 14. PENAL BOND:
(a) Grantee shall, concurrently with the filing of and acceptance of
award of any franchise granted under this Ordinance, file with the City Clerk,
and yearly thereafter maintain in full force and effect, until the Council
determines that the Grantee has provided service to all areas of the City of
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San Luis Obispo in accordance with such franchise, a penal bond in the
amount of $10,000.00, in a company approved by, and in a form to be approved
by, the City Attorney, payable to the City of San Luis Obispo if the Council,
after public hearing and thirty (30) days notice to the Grantee of the
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Council's intention to hold such public hearing, determines that the Grantee
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has failed in an material manner to
Y provide service to all areas of the City
in accordance with said franchise.
(b) Upon such determination by the Council as set forth in paragraph (a)
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above, the full amount of said bond shall be paid to the City as a penal
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amount in addition to any damages recoverable by the City.
SECTION 15. INDEMNIFICATION OF THE CITY:
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(a) The Grantee shall, at all times during the existence of any franchise
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issued hereunder, maintain in full force and effect, furnish to the City, and
file with the Council of the City of San Luis Obispo at Grantee's cost and ex-
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pense, a general comprehensive liability insurance policy, in protection of
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the City of San Luis Obispo, its officers, boards, commissions, agents and
employees, in a company approved by the City Administrative Officer and in a
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form satisfactory to the City Attorney, protecting the City and all persons
against liability for loss or damage for personal injury, death, and -
pro
perty damage, occasioned by the operations of Grantee under such franchise,
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with minimum liability limits of $100,000.00 for personal injury or death
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of any one person and $300,000.00 for personal injury or death of two or
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more persons in any one occurrence, and $50,000.00 for damage to property
resulting from any one occurrence.
(b) The policies mentioned in the foregoing paragraph shall name the
City of San Luis Obispo, its officers, boards, commissions,
agents and em-
ployees, as additional insured and 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;
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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) No franchise granted under this Ordinance shall be effective unless
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and until each of the foregoing policies of insurance as required in this
section have been delivered to the City.
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SECTION 16. INSPECTION OF PROPERTY AND RECORDS: At all reasonable times,
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the Grantee shall permit any duly authorized representative of the City to ex-
amine all property of the Grantee, together with any appurtenant property of the
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Grantee situated within or without the City, and to examine and transcribe any and
all maps and other records kept or maintained by the Grantee or under its control
which deal with the operations, affairs, transactions or property of the Grantee
with respect thereof. The Grantee shall, at all times, make and keep in the City
sµy _ full and complete plans and records showing the exact location of all CATV system
equipment installed or in use in streets, alleys and public places in the City.
The Grantee shall file with the Superintendent of Streets, on or before the last
day in March of each year, a current map or set of maps drawn to scale to be desig-
nated by the Superintendent of Streets, showing all CATV system equipment installed
_ in streets, alleys and public places of the City during the previous year.
xr <'ti SECTION 17. OPERATIONAL STANDARDS: The CATV system shall be installed and
_ maintained in accordance with the highest and best accepted standards of the in-
_ dustry to the effect that subscribers shall receive the highest possible service.
In determining the satisfactory extent of such standards the following will apply:
x� (a) The system shall be installed using all -band equipment capable of
-- - maximum efficiency for picking up the television signals to be distributed.
The picture should be free of ghosting, multi -path and man -made interference.
-i Methods of measuring above standards, where necessary, will be established by
the City Council.
(h) In the event the Council determines that the quality of service
being rendered by the Grantee is not equal to comparable systems delivering
service in the State of California, the Grantee, upon written notice from
the Council, shall, with due diligence do whatever is necessary to bring its
service up to such standards.
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passing the entire VHF and FM spectrum, and it shall have the further capability
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of converting UHF for distribution to subscribers on the VHF band.
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(b) The system, as installed, shall be capable of passing standard color
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TV signals without the introduction of noticeable effects on color fidelity and
intelligence.
(c) The system and all equipment shall be designed and rated for 24-hour-
per-day continuous operation.
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(d) The system signal -to -noise ratio shall be not less than 46 decibels.
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(e) Hum modulation of picture signal shall be less than 57.
(f) The system shall use components having VSWR of 1.4 or less.
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(g) Each CATV subscriber shall receive a minimum signal strength of
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One Thousand (1,000) microvolts as measured at the antenna terminals of the
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television set. The pick -up signal will be located at a point to insure
-- - maximum efficiency for picking up the television signals to be distributed.
The picture should be free of ghosting, multi -path and man -made interference.
-i Methods of measuring above standards, where necessary, will be established by
the City Council.
(h) In the event the Council determines that the quality of service
being rendered by the Grantee is not equal to comparable systems delivering
service in the State of California, the Grantee, upon written notice from
the Council, shall, with due diligence do whatever is necessary to bring its
service up to such standards.
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SECTION 18. MISCELLANEOUS PROVISIONS:
(a) All matters herein provided to be filed with the City shall be filed
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with the City Clerk.
(b) If grantee should fail to operate its system for a period of two (2)
years from the date such service begins, the subscribers who have paid in-
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stallation charges shall be entitled to a refund of the installation charges
less 1 /24th of each charge for each month elapsing from the time service was
first started to that subscriber and during which time service was available
to him. Grantee shall maintain in a trust fund, subject to approval of City,
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an amount sufficient to pay that portion of the refund provided for in this
Section.
(c) The rate schedule for any service agreement or increase thereto
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to subscribers must have written approval of the City Council.
.(d) The Grantee shall pay to the City a sum of money sufficient to
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reimburse it for expense incurred by it in publishing legal notice and
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ordinances in connection with the granting of a franchise pursuant to the
provisions of this Ordinance; such payment to be made within thirty (30)
days after the City shall furnish such Grantee with a written statement of
such expense.
(e) The Grantee shall maintain an office within the city limits of
_ -- - -.
the City of San Luis Obispo so that CATV maintenance service shall be promptly
available to subscribers upon telephone request between the hours of 9:00 A.M.
and 6:00 P.M. of each day that Grantee is transmitting signals to subscribers.
(f) The Grantee shall not engage in the business of selling television
or other receivers which make use of signals transmitted by its system, nor
shall the Grantee engage in the repair of such receivers or the sale of
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parts for the same.
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(g) The said CATV system operated by the Grantee shall deliver adequate
television signals from at least six (6) television stations in addition to
Channel 6, Channel 3 and any channel installed in the San Luis Obispo or
Santa Maria area. The application shall set forth the television stations
to be delivered.
(1) When it occurs that there is simultaneous duplication of the
program being broadcast by a local station which is duly licensed by the
Federal Communications Commission and authorized to furnish free tele-
vision service to the area within the City limits of San Luis Obispo, and
when such programs being duplicated are identical, as to time and program
content, then for that period of time as such duplication exists, the
signals of the outlying station shall not be transmitted to subscribers
of the CATV system and only those signals broadcast by the local station
shall be used by the Grantee to provide service to its subscribers.
(h) If Grantee provides any FM stations or stereo background music from
outside the primary service area, then the Grantee must also carry local FM
stations.
(i) The Grantee shall cooperate with the San Luis Obispo School Board
in providing educational television service when available to this area.
(j) There shall be no noticeable degradation of any picture signal
received by the CATV system.
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SECTION 19. APPLICATION FOR FRANCHISE:
(a) Application for a franchise hereunder shall be filed with the City
Clerk in a form approved by the City and shall contain the following infor-
mation:
(i) The name and address of applicant.
(ii) A general description of applicant's proposed CATV operation,
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including map of areas to be served.
(iii) A statement or schedule in a form approved by the City of pro-
posed rates and charges to subscribers for installation and services,
which shall not be increased for at least five (5) years, and a copy of
proposed service agreement between the Grantee and its subscribers shall
accompany the application. For unusual circumstances, such as under-
ground cable required, or more than 150 feet of distance from cable to
connection of service to subscribers, an additional installation charge
over that normally charged for installatiou as specified in the appli-
cant's proposal may be charged, with easements to be supplied by
subscribers at no charge. For remote, relatively inaccessible sub-
scribers within the City, service will be made available on the basis
of cost of materials, labor, and easements if required. The applicant
shall set forth the standards for determining such remote areas.
(iv) A statement of the corporate organization of applicant, in-
cluding the names and addresses of its officers, directors and associates
and also including the names of subsidiary companies with a listing of
other areas being served by CATV or similar systems.
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(v) A statement setting forth all agreements and understandings,
whether written, oral or implied, existing between the applicant and
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_.,......, any person, firm, group or corporation with respect to the franchise and
the proposed operations. If a franchise is granted to a person, firm,
group or corporation posing as a front or representative for another
person, firm, group or corporation, and such information is not dis-
closed in the original application, such franchise shall be revoked
automatically, and the Council shall consider awarding the franchise to
another qualified applicant.
(vi) Applicant shall also furnish a financial statement prepared
by a certified public accountant as to the company's or corporation's
financial ability to complete installation and operation of the CATV
system.
(vii) A statement of proposed percentage franchise payment to the
City referred to in Section 5 of this Ordinance.
(b) Upon consideration of any such application, the City Council may
grant a franchise for CATV to such applicant as may appear from said appli-
cation to be in its opinion best qualified to render proper and efficient
CATV service to television viewers and subscribers in the City of San Luis
Obispo. The Council's decision in the selection will be final.
(c) Any franchise issued pursuant to this Ordinance shall include the
following condition:
"The CATV system herein franchised shall be used and operated
solely and exclusively for the purpose expressly authorized by
Ordinance of the City of San Luis Obispo, and no other purpose
whatsoever."
The inclusion of the foregoing statement in any such franchise shall
not be deemed to limit the authority of the City Council to include any other
reasonable condition, limitation or restriction which it may deem necessary
to impose in connection with such franchise pursuant to the authority con-
ferred by this Ordinance.
SECTION 20. This Ordinance, together with the ayes and the noes, shall be
_-, - published once in full, at least three days before its final passage, in the
Telegram- Tribune, a newspaper published and circulated in said City, and the same
- -. shall go into effect at the expiration of thirty days after its final passage.
-_ INTRODUCED AND PASSED TO PRINT this 19th day of November, 1962 by the following
— -- — `" roll call vote.
AYES: Miss Margaret McNeil, R. L. Graves, Jr., Gerald N. Shipsey,
Clay P. Davidson
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_....�'t 2. ...<a..
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NOES: Donald Q. Miller
ABSENT: None
ATTEST:
CITY CLERK
MAYOR
FINALLY PASSED this 17th day of December 1965 by the following roll call vote:
AYES: Miss Margaret McNeil, R. L. Graves, Jr., Gerald W. Shipsey,
Clay P. Davidson
NOES: Donald Q. Miller
ABSENT: None
ATTEST:
CITY CLERK
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ORDININC2 INTO. 283 '1964 Series)
AN Or DINANCE AMENDING A PORTION OF
ORDINANCE NO. 244 (19762 Series) 'WHICH
Pf.OVIDsS FOr THE G- .ANTING OF A Fr.AN-
CHISE FOE. CABLE TV IN THE CITY CF SAN
LUIS OBISPO
W H E R E A S , Ordinance No. 244 (1962 Series), Section 2(h; defined "LOCAL
STATION" in terms that have no definitive standards under the rules and regulations of the
Federal Communications Commission and therefore require clarification;
NOVI, THE REFOf:E, BE IT ORDAINED by the Council of the City of San
Luis Obispo as follows:
SECTION 1. That Section 2(h) of Ordinance Number 244 (1962 Series) shall he and
:i
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is hereby amended to read as follows:
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2. (h) "LOCAL STATIONS ": A television broadcasting station whose
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principal city coverage (77 dbu) includes the City of San Luis Obispo. The
principal city coverage shall be determined by measurements made in
accordance with Section 73.686 (5.73.686) of the F•_ules' and Regulations
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(E . 1.) of the Federal Communications Commission (F.C.C.).
SECTION 2. That it is the intent of the Council to re -state said definition by
measurements covered by the Federal Communications Commission Rules and Regulations,
and not to reduce the standards set forth in original Ordinance Num-ber ?.4S• (1962 Series).
SECTION 3. This ordinance, together with the ayes and noes, shall be published
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once in full, at least three days before its final passage, in the Telegram- Tribune, a news-
paper published and circulated in said City, and the same shall go into effect at the expiration
of thirty (30) days after its final passage.
I NT R_ G D U C E D AND PASSED TO P P. I r? T this 28th day of July, 1964 by the
following roll call vote:
AYES: Miss Margaret &icNeil, F. L. Graves, Jr., Donald Q. Miller,
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Clell W. Vlhelchel
NOES: None
ABSENT: Clay P. Davidson
�. A _.. _._....
MAYOf.
ATTEST:
CITY CLERK
�L4
1
EXI
ACCEPTANCE OF FRANCHISE
SONIC CABLE TV, a California Corporation, hereby accepts that certain
franchise and all of the terms and conditions thereof, granted by the City
Council of the City of San Luis Obispo by Ordinance No. (1978 Series),
entitled "An Ordinance of the City of San Luis Obispo Granting a Franchise
for Cable Television Service within the City to Sonic Cable TV for a Period
of Fifteen Years."
SONIC CABLE TV,
A California Corporation
President
...
Secretary
CERTIFICATE OF CITY CLERK
I hereby certify that the foregoing Acceptance of Franchise was
received by me at the hour of on the day of
19 78 .
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J. H. Fitzpatrick, City Clerk
FZ 'tf ►►
AG:ktm 2/28/78,�/�,�' I