ORDINANCE NO. 49O
AN ORDINANCE OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, GRANTS TO CALIFORNIA WATER & TELEPHONE COMPANY A NON‑EXCLUSIVE FRANCHISE FOR A PERIOD OF 25 YEARS, TO CONSTRUCT, OPERATE AND MAINTAIN A TELEVISION ANTENNA CABLE SERVICE, TOGETHER WITH ALL NECESSARY APPURTENANCES AS MAY BE REQUIRED TO OPERATE AND MAINTAIN SAID SERVICE ALONG, UNDER AND ACROSS THE PUBLIC ROADS WITHIN THE UNINCORPORATED AREA OF THE COUNTY OF RIVERSIDE AS THE SAME NOW OR MAY HEREAFTER EXIST.
The Board of Supervisors of the County of Riverside, State of California, do ordain as follows:
Section 1. As used in this franchise, the singular includes the plural and the plural includes the singular. Unless it shall be apparent from the context that they have a different meaning, the following words and phrases shall have the meaning stated in this section, that is:
County: The County of Riverside.
Grantee: The person, firm or corporation to whom this franchise is awarded and granted by the Board of Supervisors, and any person, firm or corporation to which it may hereafter be lawfully transferred as herein provided.
Board: The Board of Supervisors of the County.
Franchise Property: All property constructed, installed, operated or maintained under, along, across or upon a public road pursuant to any right or privilege granted by this franchise, provided that any such property shall retain its character as franchise property only so long as it shall remain under, along, across or upon any public road pursuant to a right or privilege granted by this franchise.
Road: Any public road, highway, street, lane, alley, court, sidewalk, parkway, or other public place, including the area above or below the same, which now exists or which may hereafter exist within the unincorporated area of the County.
Section 2. A non‑exclusive franchise is hereby granted to California Water & Telephone Company for a period of 25 years from and after the effective date of this ordinance to construct, operate and maintain a television antenna cable service together with all necessary appurtenances as may be required to operate and maintain said service along, under and across the public roads, within the unincorporated area of the County of Riverside as the same now or may hereafter exist, for transmitting and distributing electrical impulses and signals for television or radio purposes; namely, to produce reproductions of sights and sounds to the residents of the unincorporated area of the County of Riverside.
Section 3. This franchise is granted under the terms and conditions hereinafter set forth and within 3O days after passage of this ordinance the Grantee shall file with the County Clerk of the County a written acceptance hereof, which shall be its agreement to abide by such terms and conditions.
Section 4. The Grantee shall:
(a) Construct, install and maintain all pipes, conduits, poles, wires and appurtenances in accordance and in conformity with all of the ordinances, resolutions, rules and regulations heretofore or hereafter adopted by the Board, and not in conflict with the paramount authority of the State of California, and as to State roads, subject to the provisions of general laws relating to the location and maintenance of such facilities therein;
(b) Pay to the County on demand the cost of all repairs to public property made necessary by any of the operations of the Grantee under this franchise;
(c) Indemnify and hold the County and its officers harmless from any and all liability for damages proximately resulting from any operations under this franchise;
(d) Remove, relocate or place underground without expense to the County and facilities installed, used and maintained under the franchise if and when made necessary by any changes of grade, alignment or width of any public road, including the construction of any bridge, subway or viaduct by the County.
Section 5. In those areas and portions of the County where either the transmission and distribution facilities of the public utility providing telephone service, or those of the utility providing electric service are underground or hereafter may be placed underground, then the Grantee of this franchise shall likewise construct, operate and maintain all of its transmission, amplification and distribution facilities underground.
The Grantee of this franchise shall not install or erect any facilities or apparatus on public property or rights of way within the County (except those installed or erected upon public utility facilities now existing), without first obtaining an encroachment permit from the Road Department of the County. The Grantee shall submit plans and specifications for the facilities to be installed or erected by it to the Road Department, who may approve, deny or modify such plans.
The Grantee, in making available to its patrons outlets and connections for its service shall not discriminate for or against any suppliers of television receiving sets and in those areas where service is made available it shall provide service outlets and connections to all applicants in the order of its receipts of orders therefor, so far as possible.
(a) The County, State or any municipal corporation, political subdivision or governmental agency or instrumentality of the State of California, when acting in a governmental capacity, may improve any road or portion thereof in which franchise property has heretofore been constructed or installed and may construct, install, repair and maintain in any such road, and may remove from any such road any public improvement.
(b) If notice in writing is given to the Grantee thirty (3O) days in advance of the fact that work is to be done pursuant to any right reserved in subdivision (a) of this section, specifying the general nature of the work and area in which the same is to be performed, then the Grantee shall do all things necessary to protect its franchise property during the progress of such work and if ordered by the board or by the governmental agency performing such work the Grantee shall disconnect, remove or relocate its franchise property in the road to such extent and in such manner as shall be necessary to permit the performance of such work, and to permit the maintenance, operation and use of such public improvement or of the road as so improved. All of such things to be done and work to be performed by the Grantee shall be at the sole cost and expense of the Grantee.
Section 7. Nothing herein shall be deemed or construed to impair or affect, in any way, to any extent, the right of said County to acquire the property of the Grantee, either by purchase or through the exercise of the right of eminent domain, and nothing herein contained shall be construed to contract away or to modify or abridge, either for a term or in perpetuity, said County's right of eminent domain in respect to any public utility. This franchise shall not be given any value before any court or other public authority, or in any proceeding of any character in excess of the cost to the Grantee of the necessary publication and any other sum paid by it to said County therefor at the time of the acquisition thereof.
In order, further, to preserve the right of the County to acquire this franchise and the property of the Grantee, its successors and assigns, by purchase or by right of eminent domain at any time during the existence of this franchise, it is expressly ordained and provided that if, at any time, this franchise shall be acquired by eminent domain proceedings by any municipal corporation, public corporation, public agency, political subdivision, district or other public or political entity, except said County, then and in any such event, said County reserves and shall have the right, at any time after this franchise shall become vested in any such municipal corporation, public corporation, public agency, political subdivision, district or other public or political entity, except said County, to terminate this franchise by ordinance or resolution, and this franchise and all rights and privileges hereunder shall thereupon terminate and be void as in such ordinance or resolution provided.
(a) The Grantee of this franchise shall from time to time submit to the Board of Supervisors of the County its rate schedules providing the amounts of all rates and charges to be made for all services to be rendered by it, which are covered by this franchise. No rates or charges shall be levied or collected except in accordance with the rate schedules submitted to the County and not disapproved by the County. The County shall at all times allow and provide for a fair and reasonable return upon its investment to the holder of the franchise after allowance of depreciation charges and expenses of operations.
(b) In the event the Public Utilities Commission of the State of California takes jurisdiction over the operation and rates of the Grantee of this franchise, then the authority of the County to approve rates and charges as set forth in the preceding paragraph 8 (a) shall cease.
Section 9. No provision of this franchise shall be so construed as to impose upon the County any duty or obligation to construct, repair or maintain any road included in the area in which Grantee's franchise property is located in any particular manner or to any particular standard.
Section 1O. The said Grantee, its successors or assigns, shall in good faith commence construction under this franchise within not more than four (4) months from the granting of this franchise and, if not so commenced within said time, this franchise shall be declared forfeited. The completion of the work shall be prosecuted diligently and in good faith by the Grantee.
Section 11. Before any excavation or other work requiring excavation in any public road under the jurisdiction, supervision and control of the County of Riverside or the Board of Supervisors of said County is commenced by the Grantee, written notice of the proposed excavation or work shall be given by the Grantee to the County Road Department not less than thirty (3O) days prior to the commencement of such excavation or work. In cases of emergency requiring immediate action, the Grantee may make excavations and perform work in any such public road without giving prior notice of such excavation and work, but notice thereof shall be given to said County Road Department promptly after the commencement of such excavation and work, and the Grantee at its own cost and expense shall without unnecessary delay replace and restore the excavated portion of such public road in and to as good condition as before such excavation and work. The Grantee shall at all times hold the County of Riverside and its officers and employees harmless from damages and claims of damages to third persons caused by or resulting from any of Grantee's actions hereunder.
Section 12. The said Grantee shall, during the life of this franchise, pay annually to the County Treasurer of the County of Riverside, in lawful money of the United States, and in the manner provided by law, two per cent (2%) of the gross annual receipts of the Grantee, arising each year from the use, operation or possession of this franchise within the County of Riverside. No percentage shall be paid for the five years succeeding the date of this franchise, but thereafter such percentage shall be paid annually, and in the event said payment is not made, this franchise shall be forfeited; provided, further, that if the franchise shall be a renewal of a right already in existence, or shall cover a system already constructed, the payment of said percentage of gross receipts shall begin at once.
The Grantee of this franchise, shall file with the Clerk of the Board of Supervisors of the said County of Riverside, within three (3) months after the expiration of the calendar year, or fractional calendar year, following the date of the granting of said franchise, and within three (3) months after the expiration of each and every calendar year thereafter, a duly verified statement showing the total gross receipts of such Grantee during the preceding calendar year, or such fractional calendar year, arising from the use, operation or possession of such franchise within the County. It shall be the duty of such Grantee, within fifteen (15) days after the filing of such statement to pay to the County Treasurer of the County of Riverside, in lawful money of the United States, said two per cent (2%) of the gross annual receipts of said Grantee, arising from the use, operation or possession of this franchise. Any neglect, omission or refusal by the Grantee to file such verified statement, or to pay said percentage at the times or in the manner hereinbefore provided shall be grounds for the declaration of a forfeiture of this franchise and all rights thereunder.
Section 13. Whenever any portion of the territory covered by this franchise shall be annexed to, or otherwise become a part of any municipal corporation, or of any other county, the rights reserved under this franchise to the County of Riverside, or any officer thereof, shall inure to the benefit of such municipal corporation or county, and its appropriate officers.
Section 14. The Grantee shall not sell, transfer or assign this franchise, or any of the rights or privileges granted thereby, except by a duly executed instrument in writing, filed in the office of the County Clerk of the County of Riverside; and provided, further, that nothing in this franchise shall be construed to grant to the Grantee any right to sell, transfer or assign said franchise, or any of the rights or privileges granted, except in the manner aforesaid.
Section 15. Any neglect, failure or refusal to comply with any of the conditions of this franchise shall constitute cause for forfeiture thereof in the discretion of the Board of Supervisors and upon such exercise of this discretion, the County of Riverside by its Board of Supervisors may declare this franchise forfeited and may exclude the Grantee from any further use of the public roads in the unincorporated territory of the County of Riverside under this franchise; and the Grantee shall thereupon surrender all rights in and to the same, and this franchise shall be deemed and shall remain null, void and of no effect.
Section 16. This franchise is granted under and pursuant to the provisions of the laws of the State of California applicable to the granting of franchises by counties and this franchise shall not be exclusive, but the Board of Supervisors of said County of Riverside reserves and shall have the right and power to grant other and additional franchises to persons, firms and corporations as authorized and provided by law.
Section 17. The Grantee shall file a corporate surety bond running to the County of Riverside to be approved by the Board of Supervisors of said County in the penal sum of $1OOO, conditioned that the Grantee shall well and truly observe, fulfill and perform each and every term and condition of this franchise, and in case of any breach of condition of such bond, the whole amount of the penal sum therein named shall be taken and deemed to be liquidated damages and shall be recoverable from the principal and surety or sureties upon said bond. Said bond shall be filed with the Clerk of the Board of Supervisors within five (5) days after this franchise is awarded to the Grantee. A cash deposit in the same amount may be made in lieu of said bond.
Section 18. The Grantee shall reimburse the County of Riverside for all publication expenses incurred by the County in connection with the granting of this franchise; said payment to be made within thirty (3O) days after the County shall have furnished Grantee with a written statement of such expenses.
Section 19. If any section, paragraph, provision, sentence, clause or phrase of this ordinance, or the application thereof to any public highway or other public place included in this ordinance, is for any reason held invalid, the remainder of this ordinance shall not be affected thereby.
Section 2O. The franchise herein granted and all provisions, rights, obligations and duties thereof shall extend and inure to and be binding on the Grantee, its successors and assigns.
Section 21. This ordinance shall take effect thirty (3O) days from and after its passage, unless suspended by referendum petition filed as provided by law, and shall within fifteen (15) days after its passage be published one time, with the names of the members of said Board of Supervisors voting for and against the same in the Perris Progress, a newspaper of general circulation published in the County of Riverside.
ADOPTED: 9/30/63 (Eff.: 10/30/63)