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HomeMy WebLinkAbout1198 - Community Antenna Television System• • • THS:mee 12/7/66 ORDINANCE NO. 1198 AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 5.44.130, 5,44.150, AND 5.44.173 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO COMMUNITY ANTENNA TELEVISION SYSTEMS The City Council of the City of Newport Beach does ordain as follows: SECTION 1. Section 5.44.130 of the Newport Beach Municipal Code is amended to read: "5.44.130 Protection of City Against Liability. (a) INDEMNIFICATION. The Grantee shall indemnify and hold harmless the City, its officers, boards, commissions, agents and employees against and from any and all claims, demands, actions, suits, liabilities, and judgments of every kind and nature and regardless of the merit of the same, arising out of or related to the exercise or enjoyment of any CATV franchise granted pursuant to the provisions of this chap- ter, including claims, demands, actions,'suits, liabilities and judgments based upon any infringement or violation or alleged violation of any copyright; and Grantee shall re- imburse the City for any costs and expenses incurred by City in defending against any such claim or demand or action, including any attorney fees:, accountant fees, expert witness or consultant fees, court costs, per diem expense, travel and living expense; and Grantee shall upon demand of the City appear in and defend any and all suits, actions or other legal proceedings whether judicial, quasi- judicial, administrative or otherwise, brought by third persons or duly constituted authorities against or affecting the City, its officers, boards, commissions, agents or employees and arising out of or related to the exercise or enjoyment of such franchise, or the granting thereof by the City; the foregoing obligation shall exist and continue without reference to or limitation by the amount of any bond, policy of insurance, deposit, under- taking or other security required hereunder; provided that neither Grantee nor City shall make or enter into any • compromise or settlement of any claim, demand, action or suit without first giving the other ten (10) days' prior written notice of its intention to do so. (b) COMPREHENSIVE LIABILITY INSURANCE. Upon accep- tance of such franchise the Grantee shall file with the City Clerk and shall thereafter during the entire term of such franchise maintain in full force and effect, at its own expense, a general comprehensive liability insurance policy or policies which shall insure Grantee and provide primary coverage for the City, its officers, boards, com- missions, agents and employees, against liability for loss or liability for.personal injury, death, property damage, and copyright infringement occasioned by any activity or operation of Grantee under such franchise. Such policy • or policies shall be issued by a company approved by the City Manager and shall be in a form approved by the City Attorney, with minimum combined single limits of liability coverage in the amount of one million dollars ($1,000,000)0 The policy or policies shall name the City, its officers, boards, commissions, agents and employees, as additional insured and shall contain a provision that a written notice of any cancellation, modification or reduction in coverage of said policy shall be delivered to the City Clerk thirty (30) days in advance of the effective date thereof. No franchise granted under this chapter shall be effective unless and until each of the foregoing policies of insurance as required in this subsection has • been delivered to the City Clerk." 2, SECTION 2. Section 5.44.150 of the Newport Beach Municipal Code is amended to read- "5.44.150 Operational Standards. The CATV system • shall be installed and maintained in accordance with the highest and best accepted standards of the industry to the effect that subscribers shall receive the highest possible service. The following minimum standards shall be required- (a) The system shall be installed using all band equipment capable of passing the entire VHF and FM spec- trum, and it shall have the further capability of con- verting UHF for distribution to subscribers on the VHF band. (b) The system, as installed, shall be capable of passing standard color TV signals without the introduc- tion of material degradation on color fidelity and intelligence. (c) The system and all equipment shall be designed and rated for 24 -hour per day continuous operation. (d) The system shall provide a signal level of 2000 microvolts at the input terminals of each TV re- ceiver. (e) The signal to noise ratio shall be not less than 46 decibels. (f) Hum modulation of the picture signal shall be less than five percent (5 %). (g) The system shall use components having a VSWR of 1.4 or less." SECTION 3. Section 5.44.173 of the Newport Beach Muni- cipal Code is amended to read- "5.44.173 Effect of Annexations. (a) In the event any new territory shall become annexed to the City, the 3. V { City Council shall determine which grantee or grantees shall serve such new territory. (b) In the event any portion of unincorporated 49 territory covered by an existing franchise granted by the County of Orange is annexed to the City prior to the time that the grantee of such County franchise has com- menced installation of a CATV system within said terri- tory, all rights acquired by said grantee under its County franchise shall terminate by operation of law as of the date on which the annexation to the City becomes effective, (c) In the event any portion of unincorporated ter- ritory covered by an existing franchise granted by the County of Orange is annexed to the City after the grantee thereof has commenced or completed construction and in- stallation of a CATV system within said territory, the rights reserved under said franchise to the County of Orange or to any officer thereof shall inure to the bene- fit of the City of Newport Beach, and all regulatory pro- visions of this ordinance and any other rules and regula- tions applicable to CATV systems operating within the City, whether then in effect or subsequently adopted, shall be applicable to and binding upon said grantee. In addition, the grantee shall be obligated to pay annually to the City three per cent (3 %) of the gross receipts derived from its operations within the annexed territory." SECTION 4, This ordinance shall be published once in the official newspaper of the City, and the same shall be effective 30 days after the date of its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 12th 40 J 0 • U day of December, 1966, and was adopted on the 27th day of December , 1966 by the following vote, to wit: AYES, COUNCILMEN: Parsons. Rogers, Marshall, F'orgit, Shelton NOES, COUNCILMEN: None ABSENT COUNCILMEN: Cook, Gruber ATTEST: Acting C y er 5>