HomeMy WebLinkAboutAgenda Report - December 18, 1985 (81)COUNCIL COR' MUNIC4
TO: THE CITY COUNCIL
FROM: THE CITY MANAGER'S OFFICE
SUBJECT: 1986 CAPITAL IMPROVEMENT PROGRAM
SION
DATE NO.
December 12, 1985
RECOMMENDED ACTION: That the City Council budget the 1986 Capital
Improvement Program submitted herewith.
BACKGROUND INFORMATION: The City Council previously received a draft of
the 1986 proposed Capital Improvement Program. A few minor changes have
been made to the program -ostly in rearranging financing for the program.
The major changes in the program itself are:
1) Increase estimated cost of widening Lockeford/Pleasant to
Sacramento from $95,000 to $180,000.
21 Engineering only on Tokay Street SPRR to Cherokee, reduce
budget amount frcm $255,000 to $20,000.
3) Reduce budget for asphalt overlays from $120,000 to $100,000.
4) Add $2,000 to computer budget to cover cost of supplies,
furniture, and hardware.
Respectfully submitted,
Jerry L. Glenn
Assistant City Manager
JIG/lh
1-i
CITY OF LODI J
CAPITAL IMPROVEMENT PROGRAM r 1985
RFCAP1119 ATION
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
_
PROJECTS
TOTAL
__CI1S1
121
GENERAL
FUND
17.1
SEWER
17.2 18.1
WASTE NATER
NATER
33 123
GAS TAN MASTER
2106 DRAIN
124
SB 325
126
FAU
140
REVENUE
SNAPINA
120.1
HUTCHINS ST
AMARF
45 12
HUD EQUIPMENT
ENTITLEMENT F11BD-
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
WAS FRIATERSYSTEM
155,000
80..000
75.000
---------------------------------------WASTFRNATER
i
STORM DRAINAGE
151,009
20,000
131,000
NATER SYSTEM
-STREET SYSTEM
500,000
1,215,000
456,000
280MO
432,000
503,000
44,000
r
OTHER FACILITIES
605,584
102,000
165,584
315,000
23,000
TOTAL
2,626,584
122,000
80,000
75,000 456,000
280,000
131,000
432.040
503,000
165,584
359,000
23,000
Beginning Balance
4,780,307
842,092
655,i08
492,574 1,115,105
274,099
461,109
219,025
400,000
112,710
47,763
100,662
Est, resources 1986
Subtotal
1,614,745
6,38,5,052
0
842,092
125,000
780,108
162,155 200,000
654.729 1,315,105
122,860
396.959
75,000
536,109
270,000
489,025
4Q010 Q
154,730
367,500
25,000 390,000 50,000
72,763 340,MD 150.662
Adjssteents
Funds Available
Proiects Bud eted
125,000
6,520,052
(2,626,580
842,092
(122,000)
780,108
(80,000)
654,729 1,315,105
(75,000) (456,000)
396,959
(280,000)
536,104
(131,000)
489,025
(432,000)
125,000
525,000
(503.000)
367,500
(165,584)
72,763
(0)
390,000
(359,000)
150,662
123,000)
r
Est. Bal. 12/31/86
3,093,468
720,092
700,108
579,729 859,105
116,959
405,109
57,025
22,000
201,916
72,163
31,000
127,662
-------------------
—Mist. SanitacSewec Manholes _--
--_-18T000-
1'
1. Willow filen Dr. W/Green Oaks Way
--------------
3 Oran —Avg S!"aripoca Way
4. Locust St. E/Fairsont
Oversized Sanitary Sewer Main,
---5,000
tAfto
Stockton Street Line Replacement
viaentr-at to 1-k2
25,000
25,000
46
55,000
35,000
White Slough Treatment Facility
-------------- — ---------- --------------------------------------------------------------------------
'Ci
5,000
------------------------------------
1171— 17.2
CITY OF L
55,000
55,000
SEWER FUND WASTE WATER.
15,000
15,000
TnTAi mpw PgnjFrl
PROJECTS TOTAL COST
80,000
—Mist. SanitacSewec Manholes _--
--_-18T000-
1'
1. Willow filen Dr. W/Green Oaks Way
CAPITAL IMPROVEMENT PROGRAM 1985
3 Oran —Avg S!"aripoca Way
4. Locust St. E/Fairsont
Oversized Sanitary Sewer Main,
---5,000
tAfto
Stockton Street Line Replacement
viaentr-at to 1-k2
25,000
25,000
V.
Wastewater System Masterplan Update
55,000
35,000
White Slough Treatment Facility
-------------- — ---------- --------------------------------------------------------------------------
5,000
------------------------------------
1171— 17.2
12
55,000
55,000
SEWER FUND WASTE WATER.
15,000
15,000
TnTAi mpw PgnjFrl
PROJECTS TOTAL COST
80,000
Ills
- --------
------- - - - - - - - - - - - - - - - - - - - - - - - - - - ------ --- - - - - - - - -- - - - — - - - - - - - -
cellaneous Sanitary Sewers 51000''
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
5,000
-- -
—Mist. SanitacSewec Manholes _--
--_-18T000-
—}4;000
1. Willow filen Dr. W/Green Oaks Way
2. Holly Dr. E/Fairaont
3 Oran —Avg S!"aripoca Way
4. Locust St. E/Fairsont
Oversized Sanitary Sewer Main,
---5,000
tAfto
Stockton Street Line Replacement
viaentr-at to 1-k2
25,000
25,000
V.
Wastewater System Masterplan Update
55,000
35,000
White Slough Treatment Facility
5,000
Interim Plant Capacity Modification
55,000
55,000
Upgrade Monitoring and Alarm System
15,000
15,000
TnTAi mpw PgnjFrl
155 000
80,000
—r—'77777,
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26 -Nov -85
YORK IM PROGRESS
,
r ,
,
1
4,tlo
s
Beckman Rd. Sanitary Sewer
V+f#nwr-to Loekeiffd (400.161-
12,000
12,000
!
Sanitary Sewer Intertie
--i('I9(400.29)
20,000
20,Go
Outfall Lining Study (400.37)
6,000
6,000
California-Lockford North
C SP Spur Line (400.38)
78,000
78,004
z
East Side Sewer Analysis (17.400.42)
6,645
6,645
z
(45.404.1)
43,844
43,844
'
�White —vl'o
..
-
7
Equipment Purchases
15,175
15,175
Site Paving (400.17)
5,000,
5,000
,
_6,152
r
Buildings (400,33)
"
y
19,500
3f
---E--paasion-f1epoFk (400.36)-
19,500
11,345
Operations Analysis (400.40)
11,345
u...L YORK IN PROGRESS
223,711
122,645
101,066
5
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26 -Nov -85
1111,111
STORM DRAINAGE SYSTEM
IV
------------------------------------------------------------------------------------------
121 -------------------------123
------------
GENERAL FUND
MASTER DRAIN
PROJECTS
TDIAL GOST---
-------- — ---------- — — -- — ------ ----------------------
— -- — --------------------------------------------
—
— --------------------
--
--40-,000
Outfall Structure Control Program
20,000
?0,000
OF'Ve OUtiall-fitfic-twe
j EC�'jation of Eastside Minor Drainage
10,00"
10,000
C Basin Development
5,000
5,000
Interim Design
.6 Basin Development
14,000
14,000
Interim Design
Industrial May Stara Drain
60,000
60,000
Cluff - Build
Vine Street Storm Drain
10,000
101000
Cluff - Build
Trash Reooval Investigation
5,000
5,000
at YID Peeping Stations
lh-.1wall at Backman Pump Station
14,000
14,000
TOTAL NEW PROJECTS
151,000
20,000
131,000
1111,111
26 -Nov -85
WORK IN PROGRESS
Catch Basin Replacement (525.03)
21,708
21,71
Murray & Sonora
Murray & Calaveras
Catch Basin Replacement (525.06)
Lincoln Ave. and Forrest Ave.
St. and DeForce Ave.
26,332
26,3
-School
Lincoln Pump Stallion Control (525.11)
13,000
13,0
Pine SleeStars Drain (525.12)
C Clufi to 000' E/Myrtle
BeckmanPuap--SFati—cnKdei4icatio—n—(52-5-.'-13—)--
Turner Rd. W/Rutledge (525.15)
155,000
40,000
Galas Park Improvements (525,71)
8,276
�Flow Mon toring Facilities (525.94)
NTD Canal Improvements (525.95)
20,000
5,000
TOTAL WORK IN PROGRESS
362,316
61,0
f.
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CITY OF LODI
,
r CAPIT- 1985AL MPROVEMEkT PROGRAM
,
MATER SYSTEM
----------------------------------------------------------------------
45
P
19.1
HUD
PROJECTS
TOTAL COST
WATER CAPITAL
ENTITLEMENT
,
------ =-MPROVE------MEN---TS --
SYSTEM ---------------------------------------------
I
----------------------------------------- ------------------
'
,
—
Miscellaneous Watermains
5,000
5,000
{
` u versized Watereains
10,000
10,000_
Major Water Crossings
10,000
10,000
z
Water peters
30,000
30,000
Eliminate Dead -Ends
7,000
7,000
,
e?P.po-Iu�aur£ o ocke{or3--
_
� � z
Evaluation of Eastside Domestic Supply
10,000
10,000
,
WATER WELLS
Well Construction
iPei
165,000
165,000
Well # 1t
165,000
165,000
--Ne�T Site �ridscaping
1,000
1,000
Lower Sac S/Turner
--i((aTITb BIa`ck'i�aTT—
44,000
44,000
,—Well # 9 Benerator Replacement
30,000
30,000
Complete Well Control Center
;0,000
10,000
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O O O
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26 -Nov -85
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11W
20
21
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24
25
29
27 J
28
29
90
71 J
22
31
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CAPITAL IMPROVEMENT PROGRAM - 1985
- ----- ----------------------------------------------------------------------------------
STREET SYSTEM
-------------------------
----------- -- __� -- ------ ------
PROJECT
TOTAL COST
2106 GAS TAX.-
SB X25 FAU
Misc. Widening
50,000
50,000
-- Mrs .@-tr,
0
` \�
Stalk Upgrading
50,000
50,000
Misc. Traffic Appurtenances
10,000
10,000
1.
2
80,00 0
80,000
Widening Projects
Stockton St. Vine to Tokay
248,000
248,000
--11 thin"t. iokap-to-Lodr—
i 0,10,000---
Right of Way
—r�kee tate and £ertttzry-Fnsection
80,0
Lockeford Pleasant to Sacramento
95,000
95,000
Reconstruction Projects
--Tok
5;
Pine Street - Kelly to Cluff
60,000
60,000
J
11W
20
21
z7
2] .%
24
25
29
27 J
28
29
90
71 J
22
31
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Acphalt Overlays
120,000
120,000
1.
3
J
z.
e
7
J
4.
12
M'ellaneous Projects
7
tt4'
t9
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Overlay Analysis/Design_
5 000_
i
5,000
Street Master Plan Upgrade
50,000
50,000
23
J
Railroad Crossing Approach Improvements
-
26
Locust Street
46,000
46,000
2e
,
zs.
Loma Dr.
6,000
6,000
�
9233
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TOTAL NEW PROJECTS
- 1,215,000 _
280,000 ;�
432,000 503,000
3A
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97
39
`:..
140
..
-
_
42
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45
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49
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-
52
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54
55
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STM,•. ..,.,.
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... :rc._.,x�.n 1 :....ur.4^� ...,... ............. .. .wN�a'�t .:.c ... r:. a...«.-. .,.-:....-. .. ,: o:�.�: R.,. e�.r;:a..`RK.f....o'r S.�:fra..�'z�`t.�. .. _
5.16.060
Acceptance.
5.16.070
Conditions.
5.16.080
Duration/Renewal of franchise.
5.16.090
Payment.
5.16.100
Financial statement--Audit--Minimm payment.
5.16.110
Rates for service.
5.16.120
Limitations.
5.16.130
Rights reserved by city.
5.1.6.140
Complaint procedure.
5.16.150
Refunds.
5.16.160
Liquidated damages.
5.16.170
Ccamiencement of construction and service.
5.16.180
Forfeiture and termination.
5.16.190
Security fund.
5.16.200
Construction bond.
5.16.210
Construction practices.
5.16.220
Removal or abandonment of facilities.
5.16.230
Changes required by public improvements.
5.16.240
Failure to ccmplete work.
5.16.250
Insurance.
5.16.260
Right of inspection --Plans and records.
5.16.270
Service standards.
5.16.280
Continuity of service mandatory.
5.16.290
Performance evaluation sessions.
5.16.300
New developments.
5.16.310
Filings with city.
5.16.320
Fiscal report.
-2-
5.16.010 Definitions.
For the purposes of this chapter, the following words and phrases shall have
the meanings respectively ascribed to them by this section:
a. "Access channel" shall mean a single channel dedicated in whole or in
part for local programming wrich is not originated by a cable company.
b. "Basic Service" shall mean any service tier which include the
retransmission of local television broadcast signals and Public, Educational and
Government Access Channels.
c. "Cable Services" are defined as the one-way transmission to subscribers
of video programming and other programming services together with subscriber
interaction, if any, which is required for the selection of such programming and
programming services that the cable operator makes available to all subscribers
generally. Examples of cable services include: video programming, pay-per-
view, voter preference polls in the context of a video program, teletexts, one-
way transmission of any computer software, and one-way videotex services such as
news services, stock market information, etc. Non -cable services would
include: shop -at-home, bank -at-home services, electronic mail, one-way and
two-way transmission of non video data and information not offered to all
subscribers, data processing, video conferencing and voice co mmnication.
d. "Cablecasting" is programming carried on a cable system, exclusive of
broadcast signals, whether originated by the cable operator or any other party.
e. "Cable System" shall mean a facility consisting of a set of closed
transmission paths and associated signal generation, reception, and control
equipment that is designed to provide cable service which includes video
programming and which is provided to multiple subscribers <w thin a ccmmmity, but
-4-
such term does not include (A) a facility that serves only to retransmit the
television signals of one or more television broadcast stations; (B) a facility
that serves only subscribers in one or more multiple unit dwellings under common
ownership, control, or management, unless such facility or facilities uses any
public right-of-way; (C) a facility of a cammon carrier which is subject in whole
or in part, to the provisions of Title II of the Communications Act of 1984,
except that such facility shall be considered a cable system to the extent such
facility is used in the transmission of video progranming directly to subscribers;
or (D) any facilities of any electric utility used solely for operating its
electric utility systems.
f. "Local origination Programming" shall mean programming locally produced
by the Ccemiaany.
g. "Franchise" means any nonexclusive authority granted pursuant to this
chapter in terms of franchise or franchise renewal or otherwise to construct,
operate and maintain a cable system in the incorporated area of the city. The
term "franchise" shall include the term "franchise renewal" herein.
h. Franchise area" means all or any portions of the incorporated area of
the city for which a franchise has been granted under this chapter.
i. "Grantee" means the person to whom a franchise under this chapter is
granted by the council and any lawful successor or assignee of such a person.
j. "Gross annual receipts" means any and all ccnipensation or receipts
obtained from and as a result of the operation of a cable system by a grantee
within the franchised area; except that such term shall not include receipts or
compensation for:
1. Installation, reconnection or any other nonrecurring charges;
2. The amount of any refunds, credits or other payments made to subscribers
or users;
}
—_
sa
3. Any taxes on services furnished by the grantee imposed directly or
indirectly on any subscriber or user by any municipal corporation, political
subdivision, state or other governmental unit and collected by the granter for the
governmental unit; and
4. The sale or transfer of tangible property;
5. The sale or transfer of the franchise;
6. The issuance, sale or transfer of corporation stocks, bonds or other
securities; and
7. Loans or gifts to the grantee.
k. "Person" means any person, firm, association, organization, partnership,
business trust, joint venture, corporation or company.
1. "Property of grantee" means any property constructed, installed,
operated or maintained by a grantee under the authority of a nonexclusive
franchise issued pursuant to this chapter.
m. "Street" means the surface of, and the space above and below, any public
street, road, highway, freeway, lane, alley, court, sidewalk, parkway, drive,
public utility easement or other public place as may be authorized by the council,
LL . existing as such as of or after the effective date of the ordinance codified in
r
this chapter within the incorporated area of the city.
�i
n. "Subscriber" means any person or entity receiving for any purpose the
cable service of a grantee.
5.16.020 Franchise required.
No person shall extend, operate or carry on the business of distributing to
any persons in this city any television signals or radio signals by means of a
cable system unless a franchise or renewal of franchise therefor has first been
-6-
obtained pursuant to the provisions of this chapter, and unless such franchise or
-114 renewal of franchise is in. full force and effect. No person shall construct,
install or maint,-un within any street in the city or within any other public
property of the city or within any privately owned area within the city which has
not yet become a public street but is designated or delineated as a proposed
public street on any tentative subdivision map approved by the city, any equipment
or facilities for distributing any television signals or radio signals through a
cable system, unless a franchise authorizing such use of such street or property
or area has first been obtained pursuant to the provisions of this chapter, and
unless such franchise is in full force and effect.
5.16.030 Grant of authority.
PIKII
a. A nonexclusive franchise to construct, operate and maintain a cable
system within any franchise area may be granted by the council to any person
whether operating -nder an existing franchise or not, offering to furnish and
provide a system pursuant to the terms and provisions of this chapter. No
provision of this chapter shall be construed as to recTuire the granting of a
franchise when in the opinion of the council it is in the public interest to
restrict the number of grantees to one or more. Neither the granting of any
nonexclusive franchise under this chapter nor any of the provisions contained in
this chapter shall be construed to prevent the city from granting any identical,
or similar, nonocclusive franchise to any person within the city.
7
b. Successful applicants chosen by the Cit,-,jl Council will be granted the
right and privilege to construct, erect, operate and maintain, in, upon, along,
across, above, over and under the streets, alleys, public ways and public places
-7-
now laid out or dedicated and all extensions thereof and additions thereto in the
City poles, wires, cables, underground conduits, manholes, and other cable
conductors and fixtures necessary for the maintenance and operation in the City of
Lodi of a cable system to be used for the sale and distribution of cable services
to the residents of the City.
C. Any privilege claimed under any 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. Insofar as it is not inconsistent with or otherwise preempted by Federal
or State regulations, the City Council also grants the right and privilege to
successful Grantees to provide non -cable cammnications services. The City
Council retains all authority, not otherwise preempt ed, to regulate non --cable
eaamznications services to the extent necessary to assure the delivery of proposed
non -cable services, if any, and that they are in compliance with all regulatory
provisions of this ordinance.
e. The construction, maintenance, and operation of Grantee's cable system
and all property of Grantee subject to the provisions of this ordinance shall be
subject to all lawful police powers, rules, and regulations of the City. The City
shall have the power at any time to order and require Grantee to remove or abate
any pole, line, tower, wire, cable, guy, conduit, electric conductor, or any other
structure or facility that is dangerous to life or property. In the event
Grantee, after written notice, fails or refuses to act, the City shall have the
power to remove or abate the same at the expense of the Grantee, all without
canpensation or liability for damages to Grantee.
P',
5.16.040 Amlication.
A. An application for a franchise or franchise renewal under this chapter
shall be in writing and accompanied by a payment to the city in an amount to be
established and amended from time to time by resolution of the City Council. An
application shall contain the following information:
1. The name and address of the applicant. If the applicant is a
partnership, the name and address of each partner shall be set forth. If the
applicant is a corporation, the application shall state the names and addresses
of its directors, main officers, major stockholders and associates, and the names
and addresses of parent and subsidiary companies;
2. A description of the manner in which the applicant proposes to
construct, install, maintain and operate the cable system and the extent and
manner in which existing or future poles or other public utilities Will be used
for the system;
3. A detailed description of the proposed plan of operation of the
applicant which shall include, but not be limited to the following:
a) A detailed map indicating all areas to be served, how they are to be
served and a proposed time schedule for the installation of all equipment
necessary to became 100 percent operational, throughout the entire area to
be served;
b) A detailed, informative, and referenced statement describing the
actual equipment and the operational and technical standards proposed by the
applicants.
4. A statement of the estimated costs of the installation of the proposed
system described in paragraphs 2 and 3 of this subsection.
-9-
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5.
5. All applicants are required to clearly delineate the initial service
area being proposed on a map of sufficient detail (see No. 3 above). Said map
shall also .indicate any and all areas that will not receive services.
6. All applicants shall agree to extend cable system upon requestof any
contiguous area not designated for initial service in the plan when potential
subscribers can be served by extension of the cable system past dwelling units
equivalent to a density of foicy (40) homes per mile of street. Extension shall
be at Grantee's cost. If under undin is required regulation, Grantee must
9m by
g equir egul
make installation at Grantee's expense. Where aerial extension is allcwad by
regulation but underground installation is requested by benefitted subscri1aers,
the cost of undergrounding that exceeds the estimated aerial extension cost may
be charged to benefitted subscribers.
7. A statement or schedule in a form approved b1 the city manager of
proposed rates and charges to subscribers for installation and services, and a
copy of the proposed service agreement between the grantee and its subscribers
shall acccapany the application;
8. A statement setting forth all agreements and understandings, whether
written, oral or implied existing between the applicant and any person who is a
party in interest with respect to the proposed franchise or the proposed cable
operation. If a franchise is granted to a person posing as a front or as the
representative of another person, and such information is not disclosed in the
original application, such franchise is void and of no force and effect;
-10-
9. A financial statement prepared by a certified public accountant or
public accountant satisfactory to the council, demonstrating applicant's financial
status and its financial ability to ccrrplete the construction or reconstruction,
installation, and operation of the proposed system.
10. An original application for a Franchise shall include a detailed
financial plan (pro forma) describing for each year of the franchise, projected
number of subscribers, rates, all revenues, operating expenses, capital
expenditures, depreciation schedule, income statements and a sources and uses of
funds statement. . All information is to be presented in the format to be
prescribed by the City.
B. The council may at any time demand, and applicant shall then provide,
such supplementary, additional or other information as the council deems
reasonably necessary to detenn ne whether the requested franchise should be
granted.
5.16.050 Grant or refusal.
Upon consideration of any application, the council may refuse to grant the
requested franchise or the council may by resolution grant a franchise for a cable
system to any applicant as may appear from its application to be in the opinion of
-the council best qualified to render good and efficient cable service to
subscribers :in the proposed franchise area. The application submitted, together
with any amt ndments, and this chapter shall constitute and form part of the
franchise if granted.
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-51
5.16.060 Acceptance.
Within thirty days after the date of a resolution awarding a franchise, or
within such extended period of time as the council may authorize, the grantee
shall file with the city manager his written acceptance in forms satisfactory to
the city attorney, of the franchise, together with the required bond and insurance
policies, and his agreeirent to be bound by and to comply with and to do all things
required of him by the provisions of this chapter and the franchise. Such
acceptance and agreement shall be acknowledged by the grantee before a notary
public and shall be in form and content satisfactory to, and approved ty, the city
attorney.
5.16.070 Conditions.
A. Any franchise granted pursuant to this chapter shall include, awng
other things, the following condition:
The cable system herein franchised shall be used and operated solely and
exclusively for the purpose expressly authorized by Ordinance of the City of
Lodi and no other purpose whatsoever.
B. Inclusion of the statement set out in subsection A of this section in
any such franchise does not limit the authority of the city to include any other
reasonable condition, limita'aon or restriction which it deems necessary to inT-,")se
in connection with a franchise granted pursuant to the authority conferred by this
chapter-
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5.16.080 Duration/Renewal of franchise.
A. The duration of the rights, privileges and authorizations granted in a
franchise agreement shall be not to exceed twenty years from the date a franchise
is aararded. A franchise may be renewed by the City upon application of the
Grantee pursuant to the procedure established in sub -section b of this section
and in accordance with the then applicable law.
B. Renewal.
(1) During the six-month period which begins with the 36th month
before the Franchise expiration, the City may on its own initiative, and
shall at the request of the Grantee, commence proceedings which afford the
public appropriate notice and participation for the purpose of:
(a) Identifying the future cable -related cm=nity needs and interests;
and
(b) Reviewing the performance of the Grantee under the franchise during
the then current franchise tern.
(2)
(a) Upon Impletion of a proceeding under subsection (1), the Grantee
seeking renewal of a franchise may, on its own initiative or at the
request of the City, submit a proposal for renewal.
(b) Any such proposal shall contain such material as the City may
require, including proposals for an upgrade of the cable system.
(c) The City may establish a date by which such proposal shall be
submitted.
(3)
(a) Upon submittal by the Grantee of a proposal to the City for the
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-14-
renewal of the franchise. the City shall provide public notice of
4=
such proposal and, during the 4 -month period which begins on the
ccuipletion of any proceedings under subsection (1), renew the
franchise or, issue a preliminary asset that the franchise
should not be renewed and, at the request: of the Grantee or on its
own initiative, commence an admfnistrctive proceeding, after
providing preempt public notice of such proceeding, in accordance
with paragraph (3)(b) to consider whether—
-:a
(i) the Grantee has substantially cxapliedi with the material tenns
of the existing franchise and with applicable law;
(ii) the quality of the Grantee's service, including signal
quality, response to consumer ccuplaints, �tnd billing
practices, but without regard to the mix, qaality, or
level of cable services or other services provided over the
system, has been reasonable in light of ccn*wnity needs;
(iii) the Grantee has the financial, legal-, and technical ability
to provide the services, facilities, and ecpiprmxit as set forth in
the Grantee's proposal; and
NO .'
(iv) the Grantee's proposal is reasonable -too meet the future
cable -related co m mity needs and interests,, taking into account
the cost of meeting such needs and i.nterestis.
(b) In any proceeding under paragraph (3)(a), e Grantee shall be
afforded notice and the Grantee and the cid+, or its designee, shall
be afforded fair opportunity for full participation, including the
right to introduce evidence (including evil related to issues
raised in the proceeding under subsection (1)) to require.the
production of evidence and to question witnesses. A transcript
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shall be made of any such proceeding.
(c) At the con-pletion of a proceeding under this subsection, the City
shall issue a written decision granting or denying the proposal for
renewal based upon the record of such proceeding, and transmit a copy
of such decision to the Grantee. Such decision shall state the
reasons therefor.
(4) Any denial of a proposal for renewal shall be based on one or more
adverse findings made with respect to the factors described in
subparagraphs (i_) through (iv) of subsection (3)(a), pursuant to the
record of the proceeding under subsection (3).
(5) If the Grantee's proposal for renewal has beer. denied by a final
decision of the City made pursuant to this section, or has been adversely
affected by a failure of the City to act in accordance with the procedural
requirements of this section, the Grantee may appeal such final decision
or failure pursuant to the provisions of section 635 of the Federal Cable
Ccemwnications Policy Act of 1984.
(6) Notwithstanding the provisions of subsections (1) through (5) of this
section, the Grantee may submit a proposal for the renewal, of the
franchise pursuant to this subsection at any time, and the City may, after
affording the public adequate notice and opportunity for comment, grant or
deny such proposal at any time (including after proceedings pursuant to
this section have camenced). The provisions of subsections (1) through
(5) of this section shall not apply to a decision to grant or deny a
proposal under this subsection. The denial of a renewal pursuant to this
subsection shall not affect action on a renewal proposal that is submitted
in accordance with subsections (1) through (5).
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5.16.090 Payment.
Any grantee granted a franchise under this chapter shall pay to the city,
during the life of such franchise, a sum equal to three percent of the annual
gross receipts of the grantee, payable quarterly.
5.16.100 Financial statement—Audit—Minimum payment.
A. The grantee shall file with the council within ninety days after the
expiration of any fiscal year or portion thereof duri:!,.g which a franchise is in
force, a financial statement prepared by a certified public accountant or public
accountant showing in detail gross annual receipts, as defined in this chapter, of
the grantee during the preceding calendar year or portion thereof. It shall be
the duty of the grantee to pay to the city within fifteen days after the time for
filing such statements the sum prescribed by the franchise, or any unpaid balance
thereof, for the calendar year or the portion thereof covered by the statement.
k
B. The right is reserved to the city of audit and recitation of any and
all amounts paid under this chapter and acceptance until expiration of a period of
five years following payment shall not be construed as a release or as an accord
and satisfaction of. any claim the city may have for further or additional sums
payable under this chapter or for the performance of any other obligations under
this chapter.
C. In any year, commencing with the first full calendar year of service
during which the franchise payments amount to less than twelve hundred dollars,
the grantee shall pay to the city for such a year a minimum total amount of twelve
hundred dollars.
D. In the event of any holding over after expiration or any other
termination of a franchise issued under this chapter, whether with or without the
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consent of the city, the grantee shall pay to city a caqDensation twice the
percent of its gross annual receipts during such period as it would be required to
pay under its franchise if there were no holding over.
5.16.110 Rates for service.
The grantee shall file with the city council a true and correct schedule of
rates to be charged for installation and connection to its cable system and a
monthly charge for cable service. Such rates shall not be changed or modified in
any nonner without first filing the changed or modified rates with the city
council thirty days prior to the effective date of such change or modification.
The City Council shall have the authority to regulate the rates to the
extent the Council is permitted to by Federal, State or local law.
5.16.12.0 Limitations.
A. Any franchise granted under this chapter shall be nonexclusive.
B. No privilege or exemption shall be authorized or conferred by any
franchise granted under this chapter except those specifically prescribed in this
chapter.
C. Any privilege claimed under a franchise by the grantee in any street, or
other public property, shall be subordinate to any prior occupancy thereof for
public purposes.
D. A franchise granted under this chapter shall be a privilege to be held
in personal trust by the original grantee. It cannot be sold, transferred,
leased, assigned or disposed of, in whole or in part, Either by forced or
involuntary sale, sale, merger, consolidation or otherwise, without prior consent
-17- -
,' r3
of the council expressed in writing. The grantee shall file with the council
withir thirty days prior to sale, transfer, assignment or lease of the franchise
or any part thereof or any rights or privileges granted thereby, written evidence
of the proposed transaction certified to by the grantee or its duly authorized
cfficers. Any proposed assignee must show financial responsibility to carry out
the terms of the franchise and must agree to comply with all of the provisions of
this chapter; and provided further, that no consent or approval shall be required
for a transfer in trust, by mortgage, by security agreement, or by other
hypothecation as a whole, to secure an indebtedness, or for a transfer required by
operation of law.
E. Any right or power in, or duty impressed upon any officer, employee,
department or board of the city shall be subject to transfer by the council or by
law to any other officer, employee, department'or board of the city.
F. The grantee shall have no recourse whatsoever against the city for any
loss, cost, expense or damage, arising out of any provisions or requirements of
this chapter or its enforcement.
G. Any franchise granted under this chapter shall not relieve the grantee
of any obligation involved in obtaining pole space from any department or division
of the city, other agency of government, utility company, or from others
maintaining poles in streets; provided, that the latter shall cooperate with the
grantee to the end that only one set of poles shall be required by all.
H. Any franchise granted under this chapter is in lieu of any and all other
rights, privileges, powers, immunities and authorities owned, possessed,
controlled or exercisable by the grantee, or any successor to any interest of the
grantee, of or pertaining to the construction, operation or maintenance of any
cable system in the incorporated limits of the city, and the acceptance of a
franchise under this chapter shall operate as between grantee and the city, as an
—18-
9
abandonment of any and all of such rights, privileges, powers, immmities and
authorities within the city, to the effect that, as between the grantee and the
city, any and all construction, operation and maintenance by any grantee of any
cable system in the city shall be, and shall be deemed and construed in all
instances and respects to be, under and pursuant to such franchise, and not under
or pursuant to any other right, privilege, power, immunity or authority
whatsoever.
5.16.130 Rights reserved by city.
A. Nothing in this chapter shall in any way or to any extent impair or
affect the right of the city to acquire the grantee's property either by purchase
or through exercise of the right of eminent dcmain, and nothing in this chapter
shall be construed to contract away or to modify or abridge the city's right of
eminent dami.n in respect to any grantee.
B. No franchise granted under this chapter shall be given any value before
any court or other public authority in any action or proceeding brought by the
city in excess of the amount of the required filing fee and any other sum paid by
the grantee to city for a franchise at the time of granting.
C. There is reserved to the city every right and power which is required to
be reserved or provided in this chapter by any ordinance or resolution of the
city, and the grantee, by its acceptance of any franchise, agrees t.3 be bound
thereby and to ccuply with any action or requirements of the city in its exercise
of such rights or power, enacted or established before or after the effective date
of the ordinance codified in this chapter.
D. The council may do all things which are necessary and convenient in the
exercise of its jurisdiction under this chapter.
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E. Neither the granting of any franchise under this chapter nor any of the
provisions contained in this chapter shall be construed to prevent the city frau
granting any identical, or similar, franchise to any other person within all or
any portion of the city.
E. There is reserved to city the right to amend any section or part of this
chapter so as to require reasonable additional or greater standards of
construction, operation, maintenance or otherwise, on the part of the grantee for
purposes of protecting the public health, safety and welfare. This provision
shall not apply to caaratme.nts of a contractual nature made in a franchise
agreement or franchise renewal agreements.
G. Neither the granting of any franchise nor any provision in this chapter
shall constitute a bar to the exercise of any governmental right or power of city.
H. All facilities of any grantee licensed under this chapter within the
city shall be available for civil defense purposes at such times as the city
director of civil defense shall require.
5.16.140 Complaint procedure.
A. The city manager or the city manager's designee is specified by the
City as having primary responsibility for the continuing administration of a
franchise and implementation of cmplaint procedures.
B. A . Grantee shall maintain a central office within or in close proximity
to the City, which shall be open during all usual business hours, have a publicly -
listed telephone with a toll-free number and sufficient lines; and be so
operated that complaints and requests for repairs, billing or adjustments shall be
received on a twenty-four (24) hour basis.
-20-
r
S'
C. A Grantee shall maintain a repair and maintenance crew which shall r
respond to subscriber complaints or requests for service within twenty-four (24)
hours after receipt of the complaint or request. No charge shall be made to the
subscriber for this service unless such maintenance or repair is required as a
result of damage caused by subscriber.
D. A Grantee shall establish procedures for receiving, acting upon, and
resolving subscriber complaints to the satisfaction of the city manager's office.
A Grantee shall furnish a notice of such procedures to each subscriber at the time
of initial subscription to the system and annually thereafter.
Grantee's service call procedures shall contain provisions to protect the
interests of subscribers. In the event that the Grantee or its employee
determines that Grantee's cable system is not responsible for any given problem
which has resulted in a service call (i.e., subscriber equipment is at fault), the
subscriber shall have the right to have this contention demonstrated through the
use of an additional television receiver comparison. A standard television
receiver will be used in the subscriber's hone to allow a direct A/B comparison of
performance.
E. A Grantee shall keep a maintenance service log which will indicate the
nature of each service complaint, the date and time it was received, the
disposition of said complaint and tie time and date thereof. This log shall be
made available for periodic inspection by representatives of the city manager.
All service complaint entries shall be retd.ined on file for a period consisting of
the most recent three (3) years.
F. When there have been similar complaints made or when there exists other
evidence, which, in the judgment of the city manager casts doubt on the
reliability or quality of cable service, the city manager,shall have the right and
authority to camel a Grantee to test, analyze, and report on the performance of
-21-
,•. the system. Such report shall be delivered to the city manager no Later than
fourteen (14) days after the city manager formally notifies the Grantee and shall
Y include the following information: the nature of the ccaplai t.s which
precipitated the special tests; what system canponents were tested, the equipment
used, and procedures employed in said testing; the results of such tests; and the
method in which said canplaints were resolved.
G. The city manager may require that tests and analyses shall be supervised
by a professional engineer not on the permanent staff of a Grantee. The aforesaid
j engineer should sign all records of the special tests and forward to the city
manager such records with a report interpreting the results of the tests and
recunnending actions to be taken by a Grantee and the City.
H. The City's right.under this section shall be limited to requiring tests,
analyses, and reports covering specific subjects and characteristics based on said
complaints or other evidence when and under such circumstances as the City has
reasonable grounds to believe that the canplaints or other evidence requires that
tests be performed to protect the public against substandard cable service.
I. The city manager is authorized and empowered to adjust, settle or
cm-pranise any controversy or charge arising frau the operations of any grantee
under this chapter, either on behalf of the city, the grantee or any subscriber in
the best interest of the public.
J. Either the grantee or any member of the public who may be dissatisfied
with the decision of the city manager may appeal the matter to the council for
hearing and determination.
K. The council may accept, reject or modify the decision of the city
manager and the council may adjust, settle or camprani.se any controversy or cancel
any charge arising from the operations of any grantee or from any provision of
this chapter.
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.._...�..,�.......... _. _ ---n akc.,� ,...,..•:-. ..._� �....•.... ".,... —_.--I@AP1�1IIIfAIfiIIIII1111�MAlimF711
.•. rte►,
5.16.150 Refunds.
a. Subscribers not satisfied that services have been provided as outlined
in this ordinance and the Franchise Agreement shall be encouraged to notify the
System Manager. The Grange shall work with the subscriber to resolve the problem
within 48 hours, and upon request by a subscriber, the Grantee shall credit the
subscriber's account on a pro rata basis for loss of service cammencing 48 hours
after notification of the Grantee.
b. A grange shall at the time of initial subscription to the system and
annually thereafter furnish a notice to subscribers of their right to a refund
for any loss or interruption of service for 48 hours or more.
5.16.160 Liquidated damges.
By acceptance of the franchise granted by the City, a Grantee understands
and shall agree that failure to comply with any time and performance requirements
as stipulated in this ordinance and franchise agreement will result in damage to
the City, and that it is and will be impracticable to determine the actual amount
of such damage in the event of delay or non-performance; the franchise agreement
shall include provisions for liquidated da -:.yes to be paid by the Grantee in
amounts set forth in the franchise agreement and chargeable to the security fund
for the following concerns:
a. Failure to ccmmplete system construction ar reconstruction in accordance
with Section 5.16.170 and Section 5.16.430 unless time Council specifically
approves the delay by motion or resolution, due to the occurrence of conditions
beyond Grantee's control, a Grantee shall pay five hundred dollars ($500.00) per
day for each day or part thereof, the deficiency continues.
-23-
b. Failure to provide upon written request, data, documents, reports,
information or to cooperate with City. during an application process or cable
system review, a Grantee shall pay fifty dollars ($50.00) per day for each day or
part thereof, the violati.-)n occurs or continues.
C. Failure to test, analyze and report on the performance of the system
following a written request pursuant to this ordinance, a Grantee shall pay to
City one hundred dollars ($100.00) per day for each day or part thereof, that such
noncompliance continues.
d. For failure to provide in a continuing manner the broad categories of
services proposed in the accepted application unless the Council specifically
approves Grantee a delay or change, or the Grantee has obtained modification of
its obligation under Section 625 of the Cable Cbmmmications policy Act cf 1984;
Grantee shall pay to the City five hundred dollars ($500.00) per day for each day
or part thereof that each noncompliance continues.
e. Forty --five (45) days following adoption of a resolution by the City
Council in accordance with Section 5.16.270 determining a failure of Grantee to
comply with operational, maintenance or technical standards, Grantee shall pay to
the City five hundred dollars ($500.00) for each day or part thereof, that such
non—compliance continues.
f. Any other action or non -action by the Grantee as agreed upon between
the City and Grantee and set forth in the franchise agreement. Nothing in this
section shall preclude further liquidated damages as agreed upon by the parties in
the franchise agreement.
5.16.170 Commencement of construction and service.
A. Construction Plan and Schedule
(1) Map and Plan
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Grantee shall submit a construction plan or reconstruction plan u ich shall
be incorporated by reference and made a part of the franchise agreement. The plan
shall consist of a map of the entire franchise area and shall clearly delineate
the following:
(a) The areas within the franchise area where the cable system will be
initially available to subscriber including a schedule of construction for
each year that construction or reconstruction is proposed.
(b) Areas within the franchise area where extension of the cable system
cannot reasonably be done due to lack of present or planned development or
other similar reasons, with the areas and the reasons for not serving them
clearly identified on the map.
B. Upon acceptance of any franchise, the grantee shall imrediately initiate
action to obtain all permits, licenses, easements, variances and any other
authorizations which are required or necessary in the conduct of its business,
including but not limi.ed to any utility joint use attachment agreements,
microwave carrier licenses, any authorizations required to import distant signals,
and any other permits, licenses and authorizations to be granted by duly
constituted regulatory agencies having or assertb,g jurisdiction over the
operation of the cable system, any associated microwave transmission facilities,
or any other associated facility, and the grantee shall proceed with due diligence
until all such matters are obtained.
Copies of all petitions, applications and co mn-ications submitted by the
grantee to the Federal Commmications Commission or any other federal or state
regulatory catmission or agency having jurisdiction in respect to any matters
affecting cable operations authorized pursuant to its franchise, shall also be
submitted simultaneously to the city by the grantee.
-25-
M
C. Within ninety days after obtaining all the required or necessary
permits, licenses, easements, variances and any other authorizations referred to
in subsection A of this section, the grantee shall ccmuence construction and
installation of.the cable system.
D. Within six months after building permits are granted for a particular
area, the grantee shall proceed to render initial services to subscribers, and the
compieL.ion of construction and installation shallbe pursued with reasonable
diligence, not to exceed fifteen months from the date of the granting of the
building permits for she particular area to be served.
E. Failure to do any of the requirements of subsections A, B, C and D of
this section within the time specified except as provided in subsection F of this
section shall be grounds for termination of the franchise.
F. The council may in its discretion extend the tine for the grantee,
acting in good faith, to do any act required under this section. The time for
eonr-mencement of construction and installation, or the rendering of service to
subscribers, initially or thereafter, shall be extended or excused, as the case
may be, for any period during which the grantee experiences delay or interruptions
due to any of the following circinnstances if reasonably beyond its control:
necessary utility changes or rearrangements, goverrmantal or regulatory
restrictions or requirements, labor strikes, lockouts, war (declared or
undeclared), national emergency, fire, earthquake, the elements and acts of God.
G. Grantee shall extend cable system upon request of any contiguous area not
Cesignated for initial service in the plan when potential subscribers can be
served by extension of the cable system past dwelling units equit►alent to a
density of forty (40) homes per mile of street. Extension shall be at Grantee's
cost. If undergrounding is required by regulation, Grantee must make
i:�stallation at Grantee's expense. Where aerial extension is allowed by
-26-
regulation but underground installation is requested by benefitted subscriL--rs,
the cost of undergrounding that exceeds the estimated aerial extension cost may be
charged to benefitted subscribers.
5.16.180 Forfeiture and termination.
a. In addition to all other rights and powers retained by the City under
this ordinance or otherwise, the City reserves the right to forfeit and terminate
a franchise and all rights and privileges of a Grantee in the event of a material
breach of it^ terms and conditions. In interpreting this ordinance, material
provisions shall include all labeled as such and all others, which, under all the
facts and circumstances indicated, are a significant provision of the franchise
agreement. A material breach by Grantee shall include but shall not be limited to
the following:
(1) Failure to begin or complete system construction, reconstruction or
system extension, or system improvement as provided under the franchise;
(2) Failure to provide the broad categories of services promised; assuming
Grantee has unsuccessfully pursued whatever recourse is available under Section.
625 of the Cable Cam mications Policy Act of 1984;
(3) Failure to restore service after ninety-six (96) consecutive hours of
interrupted service, except when approval of such interruption is obtained frau
the City; or
(4) Material misrepresentation of fact in the application for or
negotiation of the franchise.
b. The foregoing shall not constitute a material breach if the violation
occurs but it is without fault of a Grantee or occurs as a result of circumstances
beyond its control. :grantee shall not be excused by mere economic hardship nor
-27-
by misfeasance or malfeasance of its shareholders, directors, officers, or
eTploi'ees
-
C. The City may make a written demand that a Grantee ccanply with any such
provision, rules, order, or determination under or pursuant to this ordinance and
franchise agreement. If the violation by the Grantee continues for a period of
thirty (30) days following such written demand without written proof that the
corrective action has been taken or is bring actively and expeditiously pursued,
the City may place the issue of termination of a franchise before the City
Council. The City shall cause to be served upon Grantee at least twenty (20) days
prior to the date of such a Council meeting, a written notice of intent to request
such termination and the tine and place of the meeting. Public notice shall be
given of the meeting and issue which the.Council is to consider.
d. The City Council shall hear and consider the issue and shall hear any
person interested therein, and shall determine in its discretion, whether or not
any violation by the Grantee has occurred.
e. If the City Council shall determine the violation by a Grantee was the
fault of Grantee and within its control, the Council may by resolution declare
that the franchise of the Grantee shall be forfeited and terminated unless there
is ccanpliance within such pari -)d as the City Council may fix, such period not to
be less than sixty (60) days, provided no opportunity for compliance need be
granted for fraud or misrepresentation.
f. The issue of forfeiture and termination shall automatically be placed
upon the Council agenda at the expiration of the time set by it for ccnPliance.
The Council then may terminate a franchise forthwith upon finding that Grantee
has failed to achieve ccapliance or may further extend the period in its
discretion.
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canpliance with all orders, permits and directions of any agency, cmutission,
board, department, division or office of the City having jurisdiction over its
acts or defaults under a franchise and the payment by the Grantee of any penalties
liquidated damages, claims, liens and taxes due the City which arise by reason of
the construction, operation or maintenance of the system, including cost of
removal or abandonment of any property of Grantee.
b. The corporate surety bond shall be maintained at $50,000 during the
entire term of a franchise, even if amounts have to be withdrawn pursuant to
subdivision a. or c. of this section. The Grantee shall keep the same in force
and effect at all times throughout the existence of the franchise and thereafter
until Grantee has liquidated all of its obligations with the City that may have
arisen from the acceptance of the franchise ordinance by Grantee or from the
exercise of any right or privilege granted hereunder, including the removal of all
poles, wires, cables, underground conduits, manholes, and other conductors and
f
fixtures incident to the maintenance and operation of its cablesystem, should
e
such removal be required by City Council or undertaken by Grantee upon the
termination of the franchise.
C. If a Grantee fails to pay to the City any compensation within the time
fixed herein; or fails after ten (10) days' notice to pay to the City any taxes
due and unpaid; or fails to repay the city within ten (10) days any damages, costs
or expenses which the City is.compelled to pay by reason of any act or default of
a
a
-29-
5.16.190
Security Fund.
a.
Within thirty (30)
days after the award or renewal of a franchise, a
Grantee
f
shall deposit with
the City a corporate surety bond in the amount of
$50,000.
The bond shall be
used to insure the faithful performance by a Grantee
of all
provisions of this
ordinance and resulting franchise agreement; and
canpliance with all orders, permits and directions of any agency, cmutission,
board, department, division or office of the City having jurisdiction over its
acts or defaults under a franchise and the payment by the Grantee of any penalties
liquidated damages, claims, liens and taxes due the City which arise by reason of
the construction, operation or maintenance of the system, including cost of
removal or abandonment of any property of Grantee.
b. The corporate surety bond shall be maintained at $50,000 during the
entire term of a franchise, even if amounts have to be withdrawn pursuant to
subdivision a. or c. of this section. The Grantee shall keep the same in force
and effect at all times throughout the existence of the franchise and thereafter
until Grantee has liquidated all of its obligations with the City that may have
arisen from the acceptance of the franchise ordinance by Grantee or from the
exercise of any right or privilege granted hereunder, including the removal of all
poles, wires, cables, underground conduits, manholes, and other conductors and
f
fixtures incident to the maintenance and operation of its cablesystem, should
e
such removal be required by City Council or undertaken by Grantee upon the
termination of the franchise.
C. If a Grantee fails to pay to the City any compensation within the time
fixed herein; or fails after ten (10) days' notice to pay to the City any taxes
due and unpaid; or fails to repay the city within ten (10) days any damages, costs
or expenses which the City is.compelled to pay by reason of any act or default of
a
a
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C.3
E. Neither the granting of any franchise under this chapter nor any of the
provisions contained in this chapter shall be construed to prevent the city from
granting any identical, or similar, franchise to any other person within all or
any portion of the city.
F. There is reserved to city the right to amend any section or part of this
chapter so as to require reasonable additional or greater standards of
construction, operation, maintenance or otherwise, on the part of the grantee for
purposes of protecting the public health, safety and welfare. This provision
shall not apply to cam tments of a contractual nature made in a franchise
agreement or franchise renewal. agreements.
G. Neither the granting of any franchise nor any provision in this chapter
shall constitute a bar to the exercise of any governmental right or power of city.
H. All facilities of any grantee licensed under this chapter within the
city shall be available for civil defense purposes at such times as the city
director of civil defense shall require.
5.16.140 Coaplaint procedure.
A. The city manager or the city manager's designee is specified by the
City as having primary responsibility for the continuing administration of a
franchise and implementation of complaint procedures.
B. A , Grantee shall maintain a central office within or in close proximity
to the City, which shall be open during all usual business hours, have a publicly -
listed telephone with a toll-free number and sufficient lines; and be so
operated that complaints and requests for repairs, billing or adjustments shall be
received on a twenty-four (24) hour basis.
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C. A Grantee shall maintain a repair and maintenance crew which shall
respond to subscriber complaints or requests for service wit`iin twenty-four (24)
hours after receipt of the complaint or request. No charge shall be made to the
subscriber for this service unless such maintenance or repair is required as a
result of damage caused by subscriber.
D. A Grantee shall establish procedures for receiving, acting upon, and
resolving subscriber complaints to the satisfaction of the city manager's office.
A Grantee shall furnish a notice of such procedures to each subscriber at the time
of initial subscription to the system and annually thereafter.
Grantee's service call procedures shall contain provisions to protect the
interests of subscribers. In the event that the Grantee or its employee
determines that Grantee's cable system is not responsible for any given problem
which has resulted in a service call (i.e., subscriber equipment is at fault), the
subscriber shall have the right to have this contention demonstrated through the
use of an additional television receiver bison. A standard television
receiver will be used in the subscriber's hcme to allow a direct A/B corparison of
performance.
E. A Grantee shall keep a maintenance service log which will indicate the
nature of each service catplaint, the -late and time it was received, the
disposition of said complaint and tie time and date thereof. This log shall be
made available for periodic inspection by representatives of the city manager.
All service complaint entries shall be retained on file for a period consisting of
the most recent three (3) years.
F. When there have been similar c plaints made or when there exists other
evidence, which, in the judgment of the city manager casts doubt on the
reliability or quality of cable service, the city manager.shall have the right and
authority to ccupel a Grantee to test, analyze, and report on the performance of
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the system. Such report shall be delivered to the city manager no later than
fourteen (14) days after the city manager formally notifies the Grantee and shall
include the following information: the nature of the complaints which
precipitated the special tests; what system components were tested, the equipment
used, and procedures employed in said testing; the results of such tests; and the
method in which said complaints were resolved.
G. The city manager may require that tests and analyses shall be supervised
by a professional engineer not on the permanent staff of a Grantee. The aforesaid
engineer should sign all records of the special tests and forward to the city
manager such records with a report interpreting the results of the tests and
recommending actions to be taken by a Grantee and the City.
H. The City's right.under this section shall be limited to requiring tests,
analyses, and reports covering specific subjects and characteristics based on said
complaints or other evidence when and under such circumstances as the City has
reasonable grounds to believe that the complaints or other evidence requires that
tests be performed to protect the public against substandard cable service.
I. The city manager is authorized and empowered to adjust, settle or
compromise any controversy or charge arising from the operations of any grantee
under this chapter, either on behalf of the city, the grantee or any subscriber in
the best interest of the public.
J. Either the grantee or any member of the public who may be dissatisfied
with the decision of the city manager may appeal the matter to the council for
hearing and determination.
K. The council may accept, reject or modify the decision of the city
manager and the council may adjust, settle or compromise any controversy or cancel
any charge arising from the operations of any grantee or from any provision of
this chapter.
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5.16.150 Refunds.
a. Subscribers not satisfied that services have been provided as outlined
in this ordinance and the Franchise Agreement shall be encouraged to notify the
System Manager. The Grantee shall work with the subscriber to resolve the problem
within 48 hours, and upon request by a subscriber, the Grantee shall credit the
subscriber's account on a pro rata basis for loss of service cannencing 48 hours
after notification of the Grantee.
b. A grantee shall at the time of initial subscription to the system and
annually thereafter furnish a notice to subscribers of their right to a refund
for any loss or interruption of service for 48 hours or more.
5.16.160 Liquidated damages.
By acceptance of the franchise granted by the City, a Grantee understands
and shall agree that failure to camply with any time and performance requirements
as stipulated in this ordinance and franchise agreement will result in damage to
the City, and that it is and will be impracticable to determine the actual amount
of such damage in the event of delay or non-performance; the franchise agreement
shall include provisions for liquidated da-:,,jes to be paid by the Grantee in
amounts set forth in the franchise agreement and chargeable to the security fund
for the following concerns:
a. Failure to complete system construction :)r reconstruction in accordance
with Section 5.16.170 and Section 5.16.430 unless the Council specifically
approves the delay by motion or resolution, due to the occurrence of conditions
beyond Grantee's control, a Grantee shall pay five hundred dollars ($500.00) per
day for each day or part thereof, the deficiency continues.
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b. Failure to provide upon written request, data, docments, reports,
information or to cooperate with City. during an application process or cable
system review, a Grantee shall pay fifty dollars ($50.00) per day for each day or
part thereof, the violati•-)n occurs or continues.
C. Failure to test, analyze and report on the performance of the system
following a written request pursuant to this ordinance, a Grantee shall pay to
City one hundred dollars ($100.00) per day for each day or part thereof, that such
nonccupliance continues.
d. For failure to provide in a continuing manner the broad categories of
services proposed in the accepted application unless the Council specifically
approves Grantee a delay or change, or the Grantee has obtained modification of
its obligation under Section 625 of the Cable Commmications policy Act cf 1984;
Grantee shall pay to the City five hundred dollars ($500.00) per day for each day
or part thereof that each noncompliance continues.
e. Forty --five (45) days following adoption of a resolution by the City
Council in accordance with Section 5.16.270 determining a failure of Grantee to
oomply with operational, maintenance or technical standards, Grantee shall pay to
the City five hundred dollars ($500.00) for each day or part thereof, that such
non-compliance continues.
f. Any other action or non -action by the Grantee as agreed upon between
the City and Grantee and set forth in the franchise agreement. Nothing in this
section shall preclude further liquidated damages as agreed upon by the parties in
the franchise agreement.
5.16.170 Ccmmmencement of construction and service.
A. Construction Plan and Schedule
(1) Map and Plan
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Tib
Grantee shall submit a construction plan or reconstruction plan which shall
be incorporated by reference and made a part of the franchise agreement. The plan
shall consist of a map of the entire franchise area and shall clearly delineate
the following:
(a) 'The areas within the franchise area where the cable system will be
initially available to subscriber including a schedule of construction for
each year that construction or reconstruction is proposed.
(b) Areas within the franchise area where extension of the cable system
cannot reasonably be done due to lack of present or planned development or
other similar reasons, with the areas and the reasons for not serving them
clearly identified on the map.
B. Upon acceptance of any franchise, the grantee shall immediately initiate
action to obtain all permits, licenses, easements, variances and any other
authorizations which are required or necessary in the conduct of its business,
including but not limiLed to any utility joint use attachment agreements,
microwave carrier licenses, any authorizations required to import distant signals,
and any other permits, licenses and authorizations to be granted by duly
constituted regulatory agencies having or assert-hig jurisdiction over the
operation of the cable system, any associated microwave transmission facilities,
or any other associated facility, and the grantee shall proceed with due diligence
until all such matters are obtained.
Copies of
all petitions, applications and
commmications
submitted by the
grantee to the
Federal Communications Commission
or any other
federal or state
regulatory commission or agency having jurisdiction in respect to any matters
affecting cable operations authorized pursuant to its franchise, shall also be
submitted simultaneously to the city by the grantee.
I X
I '1
C. Within ninety days after obtaining all the required or necessary
permits, licenses, easements, variances and any other authorizations referred to
in subsection A of this section, the grantee shall ccwmence construction and
installation of.the cable system.
D. Within six months after building permits are granted for a particular
area, the grantee shall proceed to render initial services to subscribers, and the
amplet.ion of construction and installation shall. be pursued with reasonable
diligence, not to exceed fifteen months from the date of the granting of the
building permits for dm particular area to be served.
E. Failure to do any of the requirements of subsections A, B, C and D of
this section within the time specified except as provided in subsection F of this
section shall be grounds for termination of the franchise.
F. The council may in its discretion extend the time for the grantee,
acting in good faith, to do any act required under th-*_s section. The time for
ccamencement of construction and installation, or the rendering of service to
subscribers, initially or thereafter, shall be extended or excused, as the case =
may be, for any period during which the grantee experiences delay or interruptions
due to any of the following circumstances if reasonably %yond its control:
necessary utility changes or rearrangements, governmental or regulatory
restrictions or requirements, labor strikes, lockouts, war (declared or
undeclared), national emergency, fire, earthquake, the elements and acts of God.
G. Grantee shall extend cable system upon request of any contiguous area not
designated for initial service in the plan when potential subscribers can be
served by extension of the cable system past dwelling units equ:b alert to a
density of forty (40) his per mi le of street. Extension shall be at Grantee's
cost. If undergrounding is required by regulation, Grantee must make
i_:�stallation at Grantee's expense. where aerial extension is allowed by
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W
regulation but underground installation is requested by benefitted subscri;::;rs,
the cost of undergrounding that exceeds the estimated aerial extension cost may be
charged to benefitted subscribers.
5.16.180 Forfeiture and termination.
a. In addition to all other rights and powers retained by the City under
this ordinance or otherwise, the City reserves the right to forfeit and terminate
a franchise and all rights and privileges of a Grantee in the event of a material
breach of it.7, terms and conditions. In interpreting this ordinance, material
provisions shall include all labeled as such and all others, which, under all the
facts and circumstances indicated, are a significant provision of the franchise
agreement. A material breach by Grantee shall include but shall not be limited to
the following:
(1) Failure to begin or ccacplete system construction, reconstruction or
system extension, or system improvement as provided under the franchise;
(2) Failure to provide the broad categories of services promised; assuming
Grantee has unsuccessfully pursued whatever recourse is available under Section.
625 of the Cable CcmTmications Policy Act of 1984;
(3) Failure to restore service after ninety-six (96) consecutive hours of
interrupted service, except when approval of such interruption is obtained from
the City; or
(4) Material misrepresentation of fact in the application for or
negotiation of the franchise.
b. The foregoing shall not constitute a materiai breach if the violation
occurs but it is without fault of a Grantee or occurs as a result of circumstances
beyond its control. Grantee shall not be excused by mere economic hardship nor
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by misfeasance or malfeasance of its shareholders, directors, officers, or
employees.
C. The City may make a written demand that a Grantee c an ly with y such
provision, rules, order, or determination under or pursuant to this ordinance and
franchise agreement. If the violation by the Grantee continues for a period of
thirty (30) days following such written demand without written proof that the
corrective action has been taken or is being actively and expeditiously pursued,
the City may place the issue of termination of a franchise before the City
Council. The City shall cause to be served upon Grantee at least twenty (20) days
prior to the date of such a Council meeting, a written notice of intent to request
such termination and the tine and place of the meeting. Public notice shall be
given of the meeting and issue which the.Council is to consider.
d. The City Council shall hear and consider the issue and shall hear any
person interested therein, and shall determine in its discretion, whether or not
any violation by the Grantee has occurred.
e. If the City Council shall determine the violation by a Grantee was the
fault of Grantee and within its control, the Council may by resolution declare
that the franchise of the Grantee shall be forfeited and terminated unless there
is compliance within such pari')d as the City Council may fix, such period not to
be Less than sixty (60) days, provided no opportunity for compliance need be
granted for fraud or misrepresentation.
f. The issue of forfeiture and termination shall automatically be placed
upon the Council agenda at the expiration of the time set by it for caTliance.
The Council then may terminate a franchise forthwith upon finding that Grantee
has failed to achieve compliance or may further extend the period in its
discretion.
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k,
5.16.190 Security Fund.
a. within thirty (30) days after the award or renewal of a franchise, a
Grantee shall deposit with the City a corporate surety bond in the amount of
}
$50,000. The bond shall be used to insure the faithful performance by a Grantee
of all provisions of this ordinance and resulting franchise agreement; and
j
.�
fiance with all orders is and directions of ccxY� , permits an agency, y cannission,
r
board, department, division or office of the City having jurisdiction over its
3 acts or defaults under a franchise and the payment by the Grantee of any penalties
liquidated damages, claims, liens and taxes due the City which arise by reason of
the construction, operation or maintenance of the system, including cost of
removal or abandonment of any property of Grantee.
b. The corporate surety bond shall be maintained at $50,000 during the
entire term of a franchise, even if amounts have to be withdrawn pursuant to
If
subdivision a. or c. of this section. The Grantee shall keep the same in force
F
and effect at all times throughout the existence of the franchise and thereafter
until Grantee has liquidated all of its obligations with the City that may have
arisen frau the acceptance of the franchise ordinance by Grantee or frau the
exercise of any right or privilege granted hereunder, including the removal of all
,
poles, wires, cables, underground conduits, manholes, and other conductors and
fixtures incident to the maintenance and operation of its cablesystem, should
such removal be required by City Council or undertaken by Grantee upon the
termination of the franchise.
c. If a Grantee fails to pay to the City any compensation within the time
fixed herein; or fails after ten (10) days' notice to pay to the City any taxes
t.
due and unpaid; or fails to repay the city within ten (10) days any damages, costs
or expenses which the City is -compelled to pay by reason of any act or default of
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. . . n
the Grantee in connection with a franchise; or fails after ten (10) days' notice
by the City of such failure to comply with any provision of a franchise which the
City reasonably determines can be remedied by demand on the corporate surety bond.
The City may immediately require payment of the amount thereof with interest and
any penalties fran the corporate surety bond.
d. The rights reserved to the City with respect to .the corporate surety
bond are in addition to all other rights of the City whether reserved by a
franchise or authorized by law, and no action, proceeding or exercise of a right
with respect to such corporate surety bond shall affect any other right the City
may have.
5.16.200 Construction bond.
a. Within thirty (30) days after the award or renewal of a franchise, a
Grantee shall obtain and maintain at its cost and expense, and file with the City
Clerk, a corporate surety bond in a company authorized to On business in the State
of California and found acceptable by the City Attorney, in the amount of five
hundred thousand dollars ($500,000) to guarantee the timely construction, rebuild
or reconstruction and full activation of the cable system and the safeguarding of
damage to private property and restoration of damages incurred with utilities.
The bond shall provide but not be limited to the following condition: There
shall be recoverable by the City, jointly and severally fron the principal and
surety, any and all damages, loss or costs suffered by the City resulting fran the
failure of a Grantee to satisfactorily complete construction, rebuild, or
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reconstruction and fully activate the cable system throughout the franchise area
pursuant to the terms and conditions of this ordinance and the franchise agreement.
b� Any extension to the prescribed construction time limit must be
authorized by the Council. Such extension shall be authorized only when the
Council finds that such extension is necessary and appropriate due to causes
beyond the control of a Grantee.
c. The construction bond shall be terminated only after the Council finds
that a Grantee has satisfactorily completed initial construction and activation or
reconstruction of the cable system pursuant to the terms and conditions of this
ordinance and the franchise agreement.
d. The rights reserved to the City with respect to the construction bond
are in addition to all other rights of the City, whether reserved by this
ordinance or authorized by law, and no action, proceeding or exercise of a right
with respect to such construction bond shall affect any other rights the City may
have.
e. The construction bond shall contain the following endorsement:
"It is hereby understood and agreed that this bond may not be cancelled by
the surety nor the intention not to renew be stated by the surety until
sixty (60) days after receipt by the City, by registered mail, of written
notice of such intent to cancel or not to renew."
5.16.210 Construction practices.
A. Any poles; cable lines, wires, conduits or other properties of the
grantee shall be constructed or installed in streets in accordance with good
engineering practice at such locations and in such manner as is approved by the
director of public works and shall conform to all applicable codes and laws.
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.�-tee:_
B. The grantee shall not install or erect any facilities or apparatus in or
on other public property, places or rights-of-way, or within any privately -owned
area within the city which has not yet bec.m a public street but is designated or
delineated as a proposed public street on any tentative subdivision map approved
by the city, except those installed or erected upon existing or future public
utility facilities, without obtaining the prior written approval of the director =
of public works and the owner -subdivider.
C. In those areas and portions of the city where the transmission and
distribution facilities of both the public utility providing telephone service and
those of the utility providing electric service have been or are to be placed
underground, then the grantee, upon written request by the director of public
works so to do, shall likewise initially construct, install, operate and maintain
its transmission and distriuution facilities underground. For the purposes of
this subsection, "underground" includes a partial underground system. Amplifiers
in the grantee's transmission and distribution lines may be in appropriate
housings as approved by the director of public works. The city shall not in any
manner be responsible for any costs incurred by any grantee in placing his
property underground.
5.16.220 Removal or abandonment of facilities.
A. In the event that the use of any part of the cable system is
discontinued for any reason for a continuous period of six months, or in the event
such system or property has been installed in any street or public place without
complying with the requirements of this chapter, or the franchise has been
terminated, cancelled or has expired, the grantee shall promptly, upon being given
ten days' written notice, remove from the streets or public places. all such
property and poles of such system other than any which the director of public
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rl
works may permit to be abandoned in place. In the event of such removal, the
grantee shall promptly restore the street or other area frcin which such property
has been removed to a condition satisfactory to the director of public works.
B. Any property of the grantee remaining in place sixty days after the
termination, forfeiture or expiration of the franchise shall be considered
permanently abandoned. The director of public works may extend such time.
C. Any property of the grantee to be abandoned in place shall be abandoned
in such a manner as the director of public works prescribes. Subject to the
provisions of any joint use attachment agreement, upon permanent abandonment of
the property of the grantee in place, the property shall become that of the city
and the grantee shall submit to the director of public works an instrument in
writing, to be approved by the city attorney, transferring to the city the
ownership of such property.
5.16.230 Changes required by public improvements.
The grantee shall, at its expense, protect, support, temporarily disconnect,
relocate in the same street or other public place, or remove frm the street or
other public place, any property of the grantee when required by the director of
public works 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 public agencies; provided,
however, that the grantee shall in all such cases have the privilege and be
subject to the obligations to abandon any property of the grantee in place, as
provided in this chapter.
5.16.240 Failure to cecnplete work.
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s
Upon failure of the grantee to coumence, pursue or ccaplete any work
required by law or by the provisions of this chapter or by its franchise to be
done in any street or other public place, within the time prescribed, and to :he
s:.tisfaction of the director of public works, the director of public works may, at
his option, cause such work to be done and the grantee shall pay to the city the -
cost thereof in the itemized amounts reported by the director of public works to
the grantee within thirty days after receipt of such itemized report.
5.16.250 Insurance.
A. The grantee shall indemnify the city, its officers and its employees
against all claims, demands, actions, suits and proceedings by others, against all
liability to others, and against any loss, cost and expense resulting therefrom,
including reasonable attorneys' fees, arising out of the exercise and enjoyment of
its franchise irrespective of the amount of the canprehensive liability insurance
policy required under this section.
B. The grantee shall at all times during the existence of any franchise
issued under this chapter maintain in full force and effect, at its own cost and
expense, a general ccnprehensive liability insurance policy, in protection of the
_<? city, its officers, boards, commissions, agents and employees, in a ccnpany
approved by the city attorney and in a form satisfactory to the city attorney,
protecting the city and all persons against liability for loss or damage for
personal injury, death and property damage, occasioned by the operations of the
t
grantee under such a franchise, and for property damage, provided that the nk-o nnnmm
amount for which liability shall be assumed, and requirements for the City of Lodi
s
being named an additional insured, and any other insurance requirements shall be
3
as set and required from time to time by resolution of the City Coumicil. A copy
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�1
of such policy or policies, or certificates of insurance showing the existence of
such insurance coverage, shall be filed by the grantee with the City Clerk.
C. The policies mentioned in the subsection B of this section shall name
the city, its officers, boards, commissions, agents and employees, as additional
insureds, shall contain a contractual liability endorsement approved by the city
attorney and shall contain a provision that a written notice of any cancellation
or reduction in coverage of such policies shall be delivered to the city manager
thirty days in advance of the effective date of the cancellation or reduction.
5.16.260 Right of inspection—Plans and records. A. At all reasonable times,
the grantee shall permit any duly authorized representative of the city to examine
all property of the grantee, together with any appurtenant property of the grantee
P,ituated 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
l
which deal wih the operations, affairs, transactions or property of the grantee
in relation to its franchise. If any maps or records are not kept in the city,
and upon reasonable request they are not made available in the city, and if the
council determines that an examination of them is necessary or apprcpriate, then
all travel and maintenance expense necessarily incurred in making such examination
shall be paid by the grantee.
B. The grantee shall prepare and furn-..sh to the director of public works
and the city manager at the times and in the form prescribed by either of such
Officers, such reports with respect to its operations, affairs, transactions or
property, as may be reasonable, necessary or appropriate to the performance of any
of the rights, functions or duties of the city or any of its officers in
connection with the franchise.
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C. The grantee shall at all times make and keep in the city full and
ccaplete plans and records showijq the exact location of all cable system
equiprent installed or in use in streets and other public places in the city.
D. When any portion of the cable system is to be installed on public
utility poles and facilities, certified copies of the agreements for such joint
use of poles and facilities shall be filed with the director of public works.
5.16.270 Service standards.
a. A Grantee shall put, keep, and maintain all parts of the system in good
condition throughout the entire franchise period.
b. Upon termination of service to any subscriber, a Grantee shall promptly
remove all its facilities and equipment frau the premises of such subscriber upon
subscriber's request, unless said service serves multiple users.
C. Grantee shall render efficient service, make repairs promptly, and
interrupt service only for good cause and for the shortest time possible. Such
interruptions, insofar as possible, shall be preceded by notice and shall occur
during periods of mininnun system use.
d. Grantee shall not allow its cable or other operations to interfere with
television reception of persons not served by Grantee, nor shall the system
interfere with, obstruct or hinder in any manner, the operation of the various
utilities serving the residents of the City.
e. A Grantee shall continue through the term of the franchise to maintain
the technical, operational, and maintenance standards and quality of service set
forth in this ordinance and franchise agreement. Should the City find, by
resolution, that a Grantee has failed to maintain these standards and quality of
service, and should it, by resolution specifically enumerate improvements to be
IMMI
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made, a Grantee shall make such improvements. Failure to make such improvements
within forty-five (45) days of such resolution will constitute a material breach
of condition for which the remedy of Section 5.16.160 is applicable. (Liquidated
Damages.)
5.16.280 Continuity of service mandatory.
a. It shall be the right of all subscribers to continue receiving service
insofar as their financial and other obligations to a Grantee are honored.
In the event of a change of Grantee, or in the event a new operator acquires
the system, a Grantee shall cooperate with the City, new Grantee or operator in
maintaining continuity of service to all subscribers. During such period, Grantee
shall be entitled to the revenues for any period during which it operates the
system, and shall be entitled to reasonable costs for its services when it no
longer operates the system.
b. In the event Grantee fails to operate the system for ninety-six (96)
consecutive hours without prior approval of the City or without just cause, the
City may at its option, operate the system or designate an operator until such
time as Grantee restores service wider conditions acceptable to the City or a
permanent operator is selected. If the City is required to fulfill this
obligation for a Grantee, the Grantee shall reimburse the City for all reasonable
costs or damages in excess of revenues from the system received by the City that
are the result of the Grantee's failure to perform.
5.16.290 Performance evaluation sessions.
a. The City and a Grantee shall hold scheduled performance evaluation
sessions within thirty (30) days of the fourth, eighth, twelfth, and sixteenth
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a
Y ..
anniversary dates of a Grantee's award of the franchise and as may be required by
t`
federal and state law.
b. Special evaluation sessions may be held at any time during the term of a 5
franchise at the request of the City or the Grantee.;{
c. All evaluation sessions shall be o
pen to the public and annotuiced in a
newspaper of general circulation in accordance with legal notice. Grantee shall
notify its subscribers of all evaluation sessions by announcement on its system
between the hours of 7:00 p.m, and 9:00 p.m. for five (5) consecutive days`^
I r'
preceding each session.
d. Topics which may be discussed at any scheduled or special evaluation
session may include, but not be limited to, service rate structures; franchise
fee; liquidated damages; free or discounted services; application of new
technologies; system performance; services provided; programming. offered; customer
canplaints; privacy, amendments to this ordinance; judicial and FCC rulings;
line extension policies; and Grantee or City rules.
5.16.300 New developments.
a. Subsequent to each Performance Evaluation Session as set forth in
Section 5.16.290, the City Council shall have the authority to order a public
hearing on the provision of additional channel capacity by Grantee or or the
inclusion in the Grantee's cable system of "state of the art" technology or
upgraded facilities• Notice of such hearing shall be provided to Grantee and the
Public riot later than thirty (30) days prior to such hearing.
b. If after such hearing the City Council. determines that (1) there exists
a reasonable need and demand for additional channei capacity and/or state of the
art technology or upgraded facilities, and (2) provision has been,made or will be
made for adequate rates which will allow Grantee a fair rate of return on its
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investment (including the investment requireu to provide the additional channels
and/or the state-of-the-art technology or upgraded facilities), and (3) will not
result in economic loss for the Grantee, the City Council may order Grantee to
provide a specified number of additional channels and/or specified state-of-the-
art technology or upgraded facilities. Without implying any limitations as to
other provisions of this ordinance, this Section is deemed a material provision
within the meaning of Sectior_ 5.16.180 of this ordinance.
5.16.310 Filings with city. All matters provided in this chapter to be filed
with the city, unless provided otherwise in this chapter, shall be filed with the
city manager.
5.16.320 Fiscal Report.
The Grantee shall file annually with the city manager no later than one
hundred twenty (120) days after the end of the Grantee's fiscal year, a copy of a
financial report applicable to the cable system serving Lodi, or its corporate
annual report, including an income statement applicable to its opt_.ations during
the preceding twelve (12) month period, a balance sheet, a statement of its
properties devoted to the cable system operations, by categories, giving its
investment in such properties on the basis of original cost, less applicable
depreciation, a statement of sources and application of funds; and a statement of
current subscribers and penetration reached for each class of cable service.
These reports shall be certified as correct by an authorized officer of Grantee
and there shall be submitted along with then such other reasonable information as
the City shall request.
-39-
5.16.330 Refusal of service.
Subject to Sectior 5.16.130, no person or entity in the existing service
area of the grantee shall be arbitrarily refused service; provided, however, that
the grantee shall not be required to provide service to any subscriber who does
not pay the applicable connection fee or monthly service charge or any other
charges as provided by this chapter or any resolution granting the franchise.
5.16,340 Service contract.
A.
Before the
grantee
shall. provide
cable service
to any subscriber, the
grantee
shall obtain
a signed
contract from
the subscriber
containing a provision
substantially as follows:
Subscriber understands that in providing cable service (Grantee) is making
the use of public rights of way and that the continued use of these public
rights of way is in no way guaranteed. in the event the continued use of
such rights of way is denied to (C-rantee) for any reason, (Grantee) will
make every reasonable effort to provide service over alternate routes.
Subscriber agrees he will make no claim nor undertake any action against the
City of Lodi, its officers, its employees, or (Grantee) if the service to be
provided by (Grantee) Hereunder is interrupted or discontinued because the
continued use of such rights of way is denied to (Grantee) for any reason.
B. The form of the grantee's contract with its subscribers, shall be
subject to approval of the city manager with respect t: the installation of this
provision.
5.16.350 Television sale or repair.
--40--
5.16.360 Free service. f,
The grantee shall provide free of charge a service drop for cable service
for all public and nonprofit private schools, city police and fire stations, city
recreation centers, and any additional municipal buildings designated by the city
council, provided that such locations are passed by transmission cable maintained
for the service of paying subscribers. If the service drop exceeds one hundred
fifty feet, the grantae may charge for the excess footage on the b,-,sis of time and
materials.
5.16.370 Moving of buildings.
The grantee shall, on the request of any person holding a building moving
permit issued by the city, temporarily raise or lower its wires to permit the
moving of buildings. The actual expense of such temporary removal or raising (.-ir
lowering of wires shall be paid by the permittee. The grantee shall be given
not less than five working days advancenotice to arrange for such tcgporary wire
changes.
5.16.380 Unauthorized connections — Tampering.
A. It is unlawful for any person, firm or corporation to make any
unauthorized connection, whether physically, acoustically, inductively,
z.
electronically or otherwise, with any part of a franchised cable system within the
city for the purpose of taking or receiving television signals, radio signals,
pictures, programs, sound or electronic impulses of any kind for the purpose of
enabling himself or others to receive any such television signal, radio signal,
picture, program, sound or electronic impulses.
-42-
c
B. It is unlawful for any person, without the consent of the grantee, to
willfully tamper with, remove;, obstruct or injure any cables, wires, devices or
equipment used for the distribution of televis-on signals, radio signals,
pictures, programs, sound or electronic impulses of any kind.
5.16.390 Transfers and assignments.
a. A franchise shall not be sold, assigned or transferred, either in whole
or in part, or leased, sublet, nor shall title thereto, either legal or equitable
or any right, interest or property therein, pass to or vest in any person without
the prior written consent of the City. Such consent shall not be withheld
unreasonably.
No such consent shall be required for a transfer in trust, mortgage, or
other hypothecation as a whole or in part to secure an indebtedness.
The proposed assignee must show technical ability, financial capability,
legal qualifications and general character qualifications as determined by the
City and must agree to comply with all provisions of the franchise and such
conditions as may be prescribed by Council expressed by resolution. City shall be
deemed to have consented to a proposed transfer or assignment in the event its
refusal to consent is not communicated in writing to Grantee within one hundred
twenty (120) days following receipt of written notice of the proposed transfer or
assignment.
b. The Grantee shall promptly notify the City of any actual or proposed
change in or transfer of, or acquisition by any other party of, control of the
Grantee. The word "control" as used herein is not limited to major stockholders
but includes actual working control in whatever manner exercised. Every change,
transfer, or acquisition of control of the Grantee shall make the franchise
subject to cancellation unless and untii the City shall have consented thereto,
-43-
W
which consent will not be unreasonably withheld. For the purpose of determining
whether it shall consent to such change, transfer or acquisition of control, the
City may inquire into the qualifications of the prospective controlling party and
the Grantee shall assist the City in any such inquiry.
c. A rebuttable presumption that a transfer of control -has occurred shall
arise upon the acquisition or accm mlation by any person or group of persons of
10 percent of the voting interest of the Grantee.
d. The consent or approval of the City Council to any transfer of he
franchise shall not constitute a waiver or release of the rights of the City in
and to the streets, and any transfer shall by its terns, be expressly subject to
the terms and conditions of a franchise.
e. In any absence of extraordinary circumstances, the City will not approve
any transfer or assignment of a franchise prior to substantial completion of
construction or reconstruction of proposed system.
f. In no event shall a transfer of ownership or control be approved without
successor in interest becoming a signatory to the franchise agreement.
5.16. 400 Access channels.
a. Each cable system franchised by the City of Lodi shall provide at least
one (1) channel dedicated to access for use by the public as well as governmental
and educational agencies.
b. If the access channel is being utilized more than eighty percent (80%) of
the time between 4:00 p.m. and 11:00 p.m. for twelve (12) consecutive weeks,
Grantee shall, upon written notice from the City, make additional community access
channels) available for the same purposes (s), with a maximum of three (3)
ccnnunity access channels to be dedicated for these said purposes (s).
-44-
c. Nothing. in this section shall require Grantee to construct additional
channel capacity to the system for the sole purpose of providing additional access
channels.
d. Whenever any access channel is utilized less than four (4) hours per
day for - six (6) days per week for twelve (12) consecutive weeks, the Grantee may
I
be permitted to utilize unused access channel capacity for different and
additional purposes, under rules and procedures established by the City.
e. Grantee shall record all requests for use ofaccess channel.
Whenever such records indicate in the opinion of the Cit Council that an
P Y
excessive number of people or programs are being turned away for lack of available
access channel capacity; or whenever the criteria in paragraph (b) are exceeded
for any one of the existing access channel uses, those access channels which have
been permitted by the City for "interim" use by a Grantee shall each be restored
to public, goverrunental or educational use as applicable.
5.16.410 Waivers.
a. Any provision of this ordinance may be waived at the sole discretion of
the City by resolution of the City Council.
b. Grantee may submit a request for waiver to the City Council at any time
during the franchise term. Such request for waiver may, at the sole discretion of
the City Council, be set for public hearing and a decision shall be made within
one hundred and twenty (120) days following the suhmi.ssion. Procedures for
modification of franchise obligations shall be in compliance with Section 625 of
the Cable Commmications policy Act of 1984.
C. The City Council may authorize the economic, technical or legal
evaluation of such waiver request and Grantee shall be required to reimburse the
City for any expenditures incurred by City in connection with such evaluation.
-45-
i
d. This section is enacted solely for the convenience and benefit of the
Grantor and shall not be construed in such a manner as to create any right or
entitlement for the Grantee.
5.16.420 Required services and facilities.
a. A franchise application shall include a description of the grantee's
system design and a description of the broad categories of programming and
services being offered, including optional premium services, a description of
facilities being proposed for local origination programming, and facilities being
offered to various cannunity institutions. The offer of the broad categories of
programming and services contained within a Grantee's application shall be deemed
a binding offer of such Grantee for and to the benefit of the City and the
subscribers of Grantee. In the event a program originator ceases to provide a
service, or in the event the Grantee determines that other cable services may be
of greater benefit to subscribers, the Grantee may, subject to subsections b and
c, substitute or drop such services.
b. The system, after the incorporation of such substitute services, shall
satisfy the warranty made by Grantee to subscribers and potential subscribers in
its application for a franchise. The City Council, on behalf of system
i;
subscribers, shall have the right to review any substitution of service or change
ui broad categories of programni.ng that the Grantee has made and may order a
t
9"
f
change therein if it determines, after due hearing on notice, that the warranty.
has been violated or that certain broad categories of progranming and services
that were ccannitted by Grantee in its Proposal are not being delivered. Any such
order shall issue only after a public hearing has been scheduled and held; and
written notice of such hearing shall have been provided to the Grantee and to the
-46-
M
public at least 30 days prior to such hearing. Any such order may be enforced by
an appropriate action in the Courts of California or of the United States. A
Grantee shall not, in relation to this section, be deemed to have waived any right
accorded to a franchised cable television operator arising under the First
Aaendment to the Constitution of the United States, or under the Cable
Ccmmmications Policy Act of 1984.
c. Notwithstanding subsections a and b, a Grantee may, in accordance with
the Cable Cammunications Policy Act of 1984, upon 30 days' advance notice to the
City, rearrange, replace or remove a particular cable service required by the
franchise if:
(1) such service is no longer available to the Grantee; or
(2) such service is available to the Grantee only upon the payment of
a royalty required under section 801(b)(2) of title 17, United States Code,
which the Grantee can document:
(a) is substantially in excess of the amount of such payment
required on the date of the Grantee's offer to provide such service, and
(b) has not been specifically compensated for through a rate
increase or other adjustment.
Notwithstanding subsections a and b, a Grantee may take such actions to
rearrange a particular service from one service tier to another, or otherwise
offer the service, if the rates for all of the service tiers involved in such
actions are not subject to regulation.
Section 5.16.430 Construction and technical standards.
a. Compliance with construction and technical standards.
Grantee shall construct, install, operate and maintain its system in a
manner consistent with a?' laws, ordinances and construction standards of the City
-47-
of Lodi; The Standards of Good Engineering Practices for Measurement.. on Cable
Television Systems, published by the National Cable Television Association, 1983;
and detailed standards submitted by Grantee as part of its application, which
standards are incorporated by reference in the franchise agreement. In addition,
Grantee shall provide the City, upon request, with a written report of the results
of Grantee's annual proof of performance tests. In the event of the repeal of FOC
Rules and Regulations, Part 76, Grantee shall pay the costs incurred by the City
for any Technical assistance deemed necessary by the City for obtaining
indeperdp-At verification of technical ca pliance with all standards. This
includes the costs that may be incurred by the City for checking capliance during
the evaluations required in Section 5.16.290.
b. additional specifications
Construction, installation and maintenance of the cable system shall be
performed in an orderly and worlg-Lanlike manner. All cables and wires shall be
installed, where possible, parallel with and in the same manner as electric and
telephone lines. Multiple cable configurations shall be arranged in parallel and
bundled with due respect for engineering considerations. Underground
installations shall be in conformance with applicable codes.
Grantee shall at all times ccnrily with:
(1) National Electrical Safety Code (National Bureau of Standards);
(2) National Electrical Code (National Bureau of Fire Underwriters);
(3) Bell System Code of Pole Line Construction; and
(4) The Standards of Good Engineering Practices for Measurements on Cable
Television Systems (National Cable Television Association), 1983.
-48-
Furthermore, the system shall not endanger or interfere with the safety of
persons or property in the franchise area or other areas where the Grantee may
have equigrnnt located.
SECTION 2. All ordinances and parts of ordinances in conflict herewith are
repealed insofar as such conflict may exist.
SECTION 3. This ordinance shall be published one time in the "Lodi Dews
Sentinel", a daily newspaper of general circulation printed and published in the
City of Lodi and shall be in force and take effect thirty days from and after its
passage and approval.
AppX*C11 this 18th day �f December 1985
DA�IID HZNQ�NIANN
MAYOR
Attest:
ALICE M. RE`32,M
City Cleq.
>
State off ', 6a i.forni.a'
County o�-,San .Joaquin, ss.
I, Alice M: Reimche, City Clerk of the City of Lodi, do hereby certify that
Ordinance No. 1370 was introduced at a regular meeting of the City Council of the
City of Lodi held December 4, 1985 and was thereafter passed, adopted and ordered
to print at a regular meeting of said Council held December 18, 1985 by the
following vote:
Ayes: Council Members - Olson, Pinkerton, Reid, Snider and Hinchman
Noes: Council Members - None
Absent: Council Members - None
Abstain: Council Members - None
-49-
I further certify that Ordinance No. 1370 was approved and signed by the Mayor on
the date of its passage and the same has been published pursuant to law.
ALICE M.
City Clerk')
Approved as to Form
RONALD M. STEIN
City Attorney
-50-
P
CITY COUNCIL MEETING
DECEMBER 18, 1985
VARIOUS PLANS AND
SPECIFICATIONS roved the plans and specifications for the
APPROVED Council app authorized the advertising for bids
following projects and
thereon:
ay Community Development Block Grant Project - Salas
�C S Picnic Shelter
cc. a b) Coity Development Block Grant Project - Garfield
Storm Drain - Locust to Railroad
c? Roper/Crescent Area Storm Drains
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CITY OF LODI
• PUBLIC WORKS DEPARTMENT
TO: City Council
FROM: City Manager
DATE: December 11, 1985
SUBJECT: Roper/Crescent Area
Storm Drain Improvements
r,
COUNCIL COMMUNICATION
Project Data
Originally Budgeted: 1-35
Budgeted Fund: Federal Revenue Sharing
Amount Budgeted: $101,000
Total Project Estimate: $110,000
Bid Opening Date: Jan. 29, 1986
RECOMMENDED ACTION: That the City Council approve the plans and specifications
for the above project and authorize advertisement for bids thereon.
BACKGROUND INFORMATION: This project includes the installation of new storm
dra;ns in the Roper, Palm, Grant and Crescent Avenues south of Turner Road. A
21" storm drain will be jacked across most of Turner Road at Roper Avenue and
the "dip" where Roper Avenue meets Turner Road will be eliminated. In addition,
drop inlet catch basins will be replaced with side inlet catch basins and new
curb returns with wheelchair ramps will be installed at these locations. Any
additional funds needed to complete the project will be requested at the time
of award. n
Ronsko
arks Director
cc: Assistant Finance Director
JLR/ RCP/eeh
APPROVED:
THOMAS A. PETERSON, City Manager
FILE N0.
VARIOUS PLANS AMID
SPECIFICATIONS
APPS
CITY COUNCIL MEETING
DDCEMM 18, 1,935
Council approved the plans and specifications for the
following projects and authorized the advertising for bids
thereon:
a) Con mity Development Block Grant Project - Salas
Picnic Shelter
b) Comrninity Developmnt Block Grant Project - Garfield
Storm Drain - Locust to Railroad
c) Roper/Crescent Area Storm Drains
CITY OF LODI,
(i)
TO: City Council
FROM: City Manager
DATE: December 11, 1985
SUBJECT: Salas Park Punic 5hoiter
COUNCIL COMMUNICATION
Project Data
Originally Budgeted: 1985
Budgeted Fund: Community Development
Block Grant
Amount Budgeted: $25,000
Total Project Estimate: $25,000
Bid Opening Date: Jan. 22, 1986.
RECOMMENDED ACTION: That th@ City Council approve the plans and specifications
for the above project and authorize advertisement for bids thereon.
BACKGROUND INFORMATION: Thi§ project includes the installation of a steel
picnic.shelter at Salas mark. The structure is the same as the one at Lodi
Lake Park with different colori5 and trim to blend with the existing fixtures
at the Park. /) ,
JaRonsko
Pu lic orks Director
cc: Assistant Finance Director
Associate Planner
Parks & kecreetion Director
J LR/ RCP/eeh
APPROVED:
- M k f
TkO AS A, TERSON 'City Manager
FILE NO.
ORDER NO. 083-13 Notice thereof having been published and posted according
to law and affidavits of publication and posting, being
on file in the office of the City Clerk, Mayor Hinchman
called for the Public Hearing to consider the proposed
?� vacation of two parcels reserved for street purposes
adjoining Whitney Street, Lodi.
Council was apprised that the two parcels were originally
reserved in the Joaquin Park Subdivision to provide for the
extension of Whitney Street if it were to become
desirable.
Recently the Willow Court Subdivision was ccupleted and
the street extension is no longer desirable or possible
and retaining the two parcels would also require
maintenance by City forces.
An adjacent property owner would like to get clear title
to half of it with the idea of maintaining it and possibly
parking on it in the future. It would appear that this
could be the best use for all concerned according to Staff.
Thexe being no persons in the audience wishing to address
the Council on the matter the public portion of the
hearing was closed.
CITY OF LOD]
Ytf+;OutPUBLIC WORKSDEPARTMENT
TO: City Council
FROM: City Manager
DATE: December 11, 1985
COUNCIL COMMUNICATION
SUBJECT: Abandonment of Two Parcels of Land, Whitney Street
RECOMMENDED ACTION: That the City Council adopt an Order of Abandonment to
abandon the two parcels shown on the attached map, retaining the area as a
Public Utility Easement and authorize the City Manager and City Clerk to exe-
cute two (2) quitclaim deeds in favor of the adjacent owners.
BACKGROUND INFORMATION: The two parcels were originally reserved in the
Joaquin -Park subdivision to provide for the extension of Whitney Street if it
were to become desirable. Recently the Willow Court subdivision was completed,
and the street extension is no longer desirable or possible, and retaining
the two parcels would also require maintenance by City forces.
An adjacent property owner would like to get clear title to half of it with
the idea of maintaining it and possibly parking on it in the future. It appears
that this would be the best use for all concerned.
PG&E, Pacific Bell, King Videocable Co., and City utilities have been notified
of the proposed abandonment and their approval has been secured. The under-
lying public easement would remain to cover existing utilities.
The Planning Commission has found no public need for the street as long as
the area re ins as a Public Utility Easement.
II
Jac L. R.onsko
Publ c Works Director
JLR/GER/eeh
Attachment
APPROVED: ^--- Ir 60,FD LE NO.
THOMAS A. PETERSON, City Manager
.e
aQ
CITY OF LOD]
PUBLIC WORKS DEPARTMENT
PROPOSED ABANDONMENT
WHITNEY STREET
Drown No Revised l By Approved By
Checked
Dote" Public Works Director
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RESOLUTION NO. 85-162
RESOLUTION DECLARING THE INTENTION OF THE CITY
COUNCIL OF THE CIIY OF LODI TO ABANDON ILO PAR-
CELS RESERVED FOR S`IYF= PURPOSES ADJOINING L iI1'N'Y
STR=, LODI, CALIFORNIA
Be it resolved by the City Council of the City c_ Lodi
as follaas:
Section_ 1. It is the intention of the City Council. of the City of
Lodi, acting in accordance with the provisions of Section 3300 et seq
of the Streets and Highways Code of the State of California, to
vacate, close and abandon two parcels of land reserved for street
purposes adjoining Whitney Street in the City of Lodi, County of
San Joaquin, State of California. Reference is hereby made to a
map or plan on file in the Office of the City Clerk of she City of
Lodi for the particulars as to the proposed vacation.
Section 2. Notice is hereby given that this City Council does hereby
fix Wednesday, December 18, 1985 at the hour of 7:30 p.m. and the
City Council Chambers, City Hall, Lodi, California, as the time and
place when and where all persons interested in or objecting to these
vacations herein proposed may appear before the City Council and be
heard.
Section 3. Upon adoption of thi-s resolution, the Director of Public
Works shall post, or cause to be posted, notices of such passage and
of the time and place set herein for public hearing, in accordance
with and in time, form and manner as prescribed by law for the vaca-
tion of streets.
Section 4. This resolution shall be published one time in the Lodi
News Sentinel, a newspaper of general circulation printed and
published in the City of Lodi, said publication to be completed at
least fifteen days prior to said hearing.
Dated: November 20, 1985
I hereby certify that Resolution No. 85-162 was passed and
adopted by the City Council of the City of Lodi in a regular meeting
held November 20, 1985 by the following vote:
Ayes: Council Members - Olson, Pinkerton, Reid,
Snider and Hinchman (Mayor)
Noes: Council Members - None
Absent: Council Members - None
Alice M.* Reihic:he
City Clerk'
ORDER NO. 083-13
ORDER VACATING PARCELS A & B JOAQUIN PARK, TRACT 1010
THE CITY COUNCIL OF THE CITY OF LODI FINDS:
That on August 30, 1973 there was an offer of dedication for street
purposes of Parcel "A" and Parcel "B" of Joaquin Park, Tract 1010,
Lodi, and filed for record in Book of Maps and Plats in Volume 20,
Page 52, San Joaquin County Records.
That the parcels have not been used for the purpose of extenainct --
Whitney Street, but have been used for the extension of utilities r
and that said described parcels are not necessary for the future
extension of Whitney Street.
WHEREAS, pursuant to provisions of Section 8313, et seq, of the
Government Code of the State of California, the matter was referred
to the Planning Ccomission, a Resolution of Intention to Vacate was
adopted setting the matter of public hearing, and the City Clerk was
directed to publish and post such notice of public hearing in the K._.
manner and form required by law._: iw
NOW, THEREFORE, pursuant to the foregoing findings and under the
authority of Section 8300, et seq, of the Streets and Highway
Code of the State of California, it is ordered that there is hereby
abandoned and vacated Parcels "A" and "B" and RESERVING however and
excepting from this vacation, the permanent easement and the right
therein to construct, maintain, repair and operate lines for public
utilities, both publicly and privately owned, in, over, and across
said Parcels "A" and "B".
The City Manager and City Clerk are hereby authorized to execate, on
behalf of the City, a Quitclaim Deed to the appropriate persons.
Dated: December 18, 1986
I hereby certify that Order No. 083-13
was passed and adopted by the City Council
of the City of Lodi in a regular meeting
held December 18, 1986 by the following vote:
Ayes: Council Members - Olson, Pinkerton, Reid
Snider, & Hinchman (Mayor)
Noes: Council Members - None
Absent: Council Members - None
Alice M. Reimche
City Clerk
083-13
PUBLIC HEARINGS
CITY COUNCIL. MEETING
DECEMBER 18, 1985
VACATION Or
UTILITY EASE[ U- US
LYING WITHIN AND
NOR`"1ii OF NOMA
RANCH Notice thereof having been published and posted according
to law, an affidavit of which publication and posting is on
file in the office of the City Clerk, Mayor Hinchman called
for the Public Hearing to consider the proposed vacation of
utility easements lying within and north of Noma Ranch,
Lodi.
ORDER NO. 083-12 Council was apprised that the easement abandonments have
been requested by the owners of Nana Ranch Subdivision in
order to clear the lots within this subdivision of the
encumbrance of easements which are no longer used. The
descriptions of the two old (1924 and 1929) easements make
it impossible to pinpoint the exact locations of the
easements now that the poles and lines have been removed.
These facilities were removed prior to the installation of
the subdivision improvements.
Funds have been provided for the necessary aclaertising and
PG&E, Pacific Bell, King Videocable Co., and City
utilities have been notified of the proposed abandonment
and their approval has been secured.
There being no persons in the audience wishing to speak
on the matter the public portion of the hearing was
closed.
On motion of Council Member Snider, Olson second, Council
adopted Order No. 083-12 vacating utility easements lying
within and north or Noma Ranch, Lodi, and authorized the
City Manager, and City Clerk to execute a quitclaim deed
in favor of the owners.
TO: City Council
FROM: City Manager
DATE: December 10, 1985
SUBJECT: Abandonment of Easement Within and North of Noma Ranch
RECOMMENDED ACTION: That the City Council adopt an Order of Abandonment to
abandon the easement shown on the attached map, and authorize the City Manager
and City Clerk to execute a quitclaim deed in favor of the owners.
BACKGROUND INFORMATION: The easement abandonment has been requested by the
owners of Noma Ranch subdivision in order to clear the lots within this sub-
division of the encumbrance of an easement which is no longer used. The des-
criptions of the two old (1924 and 1929) easements make it impossible to pinpoint
the exact locations of the easements now that the poles and cines have been
removed. These facilities were removed prior to the installation of the sub-
division improvements.
Funds have been provided for the necessary advertising, and PG&E, Pacific Bell,
King Videocable Co., and City utilities have been notified of the proposed
abandonment and their approval has been secured.
The Planning Co fission has found no public need for the easement.
' \J�
JOGER/eeh
sko
Ps Director
J
Attachment
APPROVED:
r
TH
FILE NO.
A. PETERSON.City Manager J
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RESOLUTION NO. 85-163
RESOLUTION OF THE CITY COUNCIL OF THS CITY OF LODI DECLARING ITS
INTENTION TO VACATE UTILITY EASPMgTS LYING WITHIN AND NORTH OF
AOM RANCH, LODI, CALIFORNIA
RESOLVED, by the City Council of the City of Lodi as
follows:
It is the intention of the City Council of the City of
Lodi, acting in accordance with the provisions of Section 50430
et seq. of the Goverim-ent Code of the State of California, to
vacate and abandon certain public service easements located within
and north of Noma Ranch within the City of Lodi, California.
Reference is hereby made to a map or plan on file
in the Office of the City Clerk of the City of Lodi for the par-
ticulars as to the proposed vacation.
FURTHER RESOLVED, that this City Council does hereby fix
Wednesday, Decatber 18, 1985 at the hour of 7:30 p.m. and the City
Council Chambers, City Hall, Lodi, California as the time and place
wher. and where all persons interested in or objecting to the vaca-
tion herein proposed may appear before this City Council and be
heard.
FURTHER RESOLVED that the Public Works Director shall
cause to be posted notices of easement vacation conspicuously along
the line of the easement hereinabove described and proposed to. be
vacated in the manner, form and for the length of time set forth in
Section 50441 of the Govermmnt Code of the State of California.
FURTHER RESOLVED that copies of this Resolution shall be
published for at least two successive weeks prior to December 18,
1985 in the "Lodi. News Sentinel", a daily newspaper of general
circulation printed and published in the City of Lodi, County of
San Joaquin.
Dated: November 20, 1985
I hereby certify that Resolution No. 85-163 was passed and
adopted by the City Council of the City of Lodi in a regular
meeting held November 20, 1985 by the following vote:
Ayes: Council Members - Olson, Pinkerton, Reid,
Snider and Hinck ran (Mayor)
Noes: Council Members - none
Absent: Council Members - none
�F:E�IM�X-C�
ALICE M.
City Clerk