HomeMy WebLinkAboutORD NO 1552 ORDINANCE NO, 1552__. NEW SERIES
AN ORDINANCE OF THE CITY OF BAKERSFIELD
GRANTING THE NOHEXCLUSIVE RIGHT, PRIVILEGE
AND FRANCHISE TO LAY AND USE LINES, ~XRES,
TRANS~NG~ DXSTRTBUTXNG AND SUPPLYING
RADIO AND TELEVXSXON ANTENNA SERVICE ALONG,
ACROSS AND UPON THE PUBLIC STREETS, WAYS,
ALLEYS AND PLACES WITHTN A DESIGNATED
SERVICE AREA OF SAXD CITY OF BAKERSFIELD,
BE XT ORDAXNED, by the Counctl o£ the Ctty o£ Bakers£ield,
as £ollows:
Sectton l. DEFINITIONS.
Unless f.t is apparent from the context: t:hat it has a
different: mean~, each of the following t:erms, phrase8~ words and
t:heir der~vat:~ons shall have the meaning g~ven here~n wherever
ts used tn t:his franchise:
(a) tuCtty**: The City above named, a municipal
corporation duly organized 'and ex~sttng under and by
vtr~ue of the laws o£ the State of Californ~a.
(b) "Council": The Council of the City of
Bakersfield as es~ablished tn the Clmrter of the City
of Bakersfield.
(c) **Franchtse Property"~ All property owned,
installed or uoed under authority of t:his franchise by
the Grantee.
(d) '*Grant:ee'*: The person or corporation to whom
or which this franchise ts granted by t:he Council, and
the law£ul successor or assisnee thereof, and who or
which has filed with the Ctt:y an acceptance and bond
referred t:o in Seetions ~(a) and 16 hereof.
(e) *'St:Feet": The surface of, and the space above
and below any public st:feet:, road, hts~way, freeway,
Lane, alley, court:, sidewalko parkway, or drive, now or
hereafter extsttng as such wit:h~n the City.
(f) 'Community.Antenna Televis',on System," herein-
after referred Co as "CATV***' Coaxial cables, wave
guidess or ocher conductors and ocher conductors and
equipment for providing televisions radio or ocher
service by cable or Chronsh les facilities as herein
contemplated. CATV applies only Co the
of general broadcast programae nonconnerc~al or non-
paid progrmns of a public service character. CATV
does nsc include the transmission of any ocher pay
televisions and such Cransmtssion is hereby specifically
excluded from Chis franchise ordinance.
(g) "Subscribers": Any person or enCtCy receiving
for any purpose the CATV service of Grantee herein.
(h) "Service Area": The area wiChin which Grantee
is pemtCCed Co serve subscribers under the provisions
of this franch'tse.
(i) s!Operactng Licensee": Any person or entity
conducting all or par~ of a Co~,~iCy Antenna Television
SysCem under license of, or Crano£er from Che Grantee
pursuant Co Section 6(c).
(J) "To~al Gross Receipts': Any and all compensa-
tion and ocher consideraCion received directly by the
.Grantee and its Operating Licensees from Che operation
of its CATV service wtChin Che corporate limits of the
CiCy of Bakersfield as such corporate limtCs now exist or
may be hereafter es~ablished.
,.Fa ,CHXS GRA T- ...........................
Section 2. NATURE AND EXT~HT OF ~qAHT.
The franchise hereby granted by the City auChorizes
GranCee, t:o en~f~e in the business of opereCin~ and providing
a CATV System within the city limits of ~he City o£ Bakersfield.
(a) To erect, install, construct, replace,
repair, reconstruct, rain,sin and re~ain:
(1) television antennA· supportin~
structmres and appurtenances in such streets
or ocher public places as n~y be authorized
by the Director of Public Works· and
(2) poles, wires, cable, coaxf~l cable,
conductors, ducts, conduit, vaults, m~uholes ·
ampl~£ters· appliances, attachments, and ocher
proper~y as may be necessary and appurtenant Co
tb~ CATV System, ~n, along and across streets
vi~hin ~he City viZhin ~he service area desi~nated
in Section 3 hereof and, in addition, so to use,
operate and provide s~mtlar properties rented or
leased £rom o~her persons, filths, or corporations
for stroh purpose; and
(b) To maintain and operate said franchise prop-
,rotes for ~m collection, Crensm~sston, amplification
and distribute, on of electrical or radiant energy for
television and radio reception; and
(c) To provide, use and operate similar properties
rented or leased from ocher persons, firms or corporeCions
for stroh purpose; and
(d) To en~age in the bus,ness of the distribution
And sale of such energy to subscribers within ~he City
.............. -1traCts 'of. Ch,-City o£-Bakers£teld--a~-~hey-aow-a~a.and .as_ . ..
f~ey may become.
(e) The grantee shall nsc en~age directly or indirectly
in Ch, business of selling, leasing or renting television
or ocher receivers which make use of signals transmitted
by ~ts systen, nor shetl the f~rentee ens~f~e in ~ r~a~r
of 8~h receivers or ~he sale of par~s for
~ S~ee ~o a co.oral,on, par~ersh~p, or scar
assoch~ o~ ~ural persons. ~h~s proh~b~t~
l~se a~ly ~o ~he o~cers and d~rec~oro o~ ~he
sr ceeo co g~ral and l~ted partner of any par~eroh~p
~n~. ~d ~o any person or c~~on o~ persons
or o~her ~nce o~ ~ersh~p o~ ~ ~ran~ees and
l~oe apply ~o any a~l~a~ed or 8~s~dh~ co~ora~[~
~ed or c~lled by ~e ~n~ee or by ~s o~cerso
d~rec~ers or s~ock~lders, and s~ll lt~se apply Co any
co,oration or entity which acts ~n ~he capacity o~ a
~Idi~ c~y or eon~ll~ c~any o~ ~ sran~ee.
(f) ~e ~ran~ee s~l no~ ~se d~ly or
d~cCly ~ ~he ~siness o~ se~1i~ ~ s~ce for
~ose of a~er~s~S on any o~ ~ s~ls ~ranm~ed
by ~s sys~. ~ sran~ee s~ll no~ o~s~e any
a~erZ~si~ wb~so~er on ~he
(~) ~r~n~ee s~l no~ de~ver Co ~s s~scr~bers
~y ne~ork p~sr~m o~ any k~nd which ~s ~o be b~a~as~
s~l~ously by ~el~s~ s~ons located
~) Gran~ee s~l~ del~ver Co its subscribers'
s~l of all tel~st~ s~a~ons located ~ ~he
-" ~~~--.and a m~n~~~-.o~r..s~~s ~ .....
clud~ a~ least ~e education1 s~at~on.
~he s~l o~ such ~el~isi~ s~a~ons, ~ran~ee
~l~ver ~he h~b~s~ q~lt~y s~al which ~h~ s~e
~b~ ar~ ~ill all~ a~ ~he ~ and ~ no ~en~
per£ormance standards be less stringent than Chose
reco,,-~uded b7 the Nations! ConnmmiCy Television
AssociAtion, Inc.
Section 3. DURATION OF GRANT°
(a) This £ranchise sh~ll be e££ecttve on the
£trst (31st) d~y a£ter the enactment of Chis ordinance,
provided the GFant:ee has 4:iled vith t:he City Clerk
CuenCy (20) days aft:er such dace of enactnumt: a
instrunent, addressed to tha Council, acceptin~ Chis
£ranch~se and agreein~ to comply rich all of t:ha
provisions hereof.
(b) The term of t:his £ranchtse shall be fi£t:y ($0)
years conuneneing on the ef£ecttve date hereof; provided,
Chat upon ~itten not:ice given by t:he City or Grantee to
the other, the t:erms and conditions of this franchise
may be subject: to renegot~ation, l~negot:iAtions shall
be directed tovard ef£ecttng alterations in t:he terrain
and conditions of t:ha franchise in order Co reflect those
technical and economic chan~es which h~ve occurred
durlr~ Cite l~£e of the franchise.
This £ranchise m~y be t:erminated by the City Council
in the event t:he Council shall have found, after notice
and hearing, ChaC:
(1) the Grant:se fa~ls t:o comply rich any
provision b~reof;
(2) any provision hereof becomes invalid or
.................. unen£o~b~- and · the-Coun~L-exprasaly., finds_ £ha.C_ .....
such p~ovtston const:iCuted a consideration
materiAl to the grant: of this £ranchise; or
(3) the City purchases t:he property of the
Grantee, as provided by lay; provided, hovever,
$.
:;..%.a2 ghe gran2e~ aha11 be g~ven ghJ.::':'j.: (30) days~
no/:~ce o£ any ~rm~.n~t/.on p~:oceed~ng~.
" (c) Th~ Gran.~ee ~lmll no~ t~nce ~ons~c~on o~
ope~:'a~on ~c!er ~hf.~ ~raurh~se ~.~il ~he ~ppent~ o~ ~he
foli~ing events:
(1) t~ ~'~.~z. aceap~:~.~ce hereof by ~
~ran~ee a~cept~n~ all of the =e~s ~nd condi~t~s
of th~s franchise and a~r~e~.n~ to be bo~d ~ereb~
delivered ~o th~ tit)" Cle~k tn a fora appN~ed b~
the Cit~ A~t.ornay;
(2) the ftl'~n~ of s-are~y bond' or bonds ~th
t~ City Clerk~ a~ ~:~:qu[~ad b~ Section 15 ~f ~his
(3) the Gra~ea ~b..ll file ~s~h the C~ty Cl~:k
a c~ac~ be~een ~rantee and the Pacific Telephone
and TelegTaph C~anI a~d a contract be~e~n ~ran~ee
and the ~a~.i'~.c Gas & Elect;~ic C~an~: or suuh
ot~= o~3 add'ii:~.o~l u~t~l~t~ colonies as ~ be
~o use the factiit~e~ of such ut~.l~t7 or ut~l~C~e~
~n ~s o~ez~t~.o;~s~ sa~d contrac~ ~o be app~ed by
Failure of Gran~ee ~' '"
co~&~ ~ith ~he c~dit~ons
precedent as s~:~ted b. ere~=.abov.a ~_n Section 3(c) w~thin
one h~dred e~.Eb~,y (180) 6ay~ afb:e= ~he e:ffe=~ive ~e of
Unless otherwise spe~.£1cel~y pz*escr~bed he~,
sc~c~on o~ chis ~r~h~se:
(~) ~ hOC ~c~s~sc~c w~ch
used ~ ~e pFesenC Cerise ~l~e
Gr~tee a~ll hoe be rel~ed o~ ~ts obl~t~ to p~tl?
G~ to enfo~e p~t c~l~e
(c) ~y ~ght or p~r conferral, or ~ ~oaed
G~ ~s subject to tr~s~er by ~erat~on o~
(d) ~e Gr~tee a~ll ~ve no ~co~ae ~tao~er
a~at t~ G~ ~or any loss,
ar~a~ ~t o~ any pr~a~ or ~qu~~t o~ th~s
~ch~ae or ~ en~o~~t t~o~.
(e) ~s ~r~h~ae ~es not ~l~e tb~ Gr~tee of
~y requirer of t~ G~t~ ~rter or o~
~ ~t l~ted ~o, any ~qu~ent re~t~g to at.et
~, at.et e~avat~on pe~ts, or t~ use, ~al or
(a) No privilege or exacts. ~s ~ranCed or contend
by Chis ~nch~se e~epc C~se specifically prescribed
~~.
~) ~ said fr~ch~se and privilege ahil be
7.
8ubordina~e to any extstins £ranchtoe or lae~ul occupancy
o£ any public htshvay, street, road or other public
propez~y £or the purpose o£ erecting0 operatins and mtn-
taininS poles, lines, conduits, cables, 8~s pipe lines
and other necessary £txt~wes used in connection with the
purpose o£ said existing £ranchise or £ranchtses or any
extension Chereo£.
(c) This franchise is a privlleSe to be held in
personal tEust by ~he ori§inal Grantee. It cannot in
any event be trans£erred in parts and' it 38 not to be
sold, tEans£erred, leased; assi~ned, or disposed o£ as
a wholes ettJzer by forced sale, merger, consolidation or
othezvise, without prior consent o£ the City, and then
only under ouch conditions as may be therein
prescribed; p~ovtded, however, that no such consent
shall be required for any trans£er in trust,
mortgage, or other hypothecation, as a wholes to secure
an indebtedness.
Section 6. RIGHTS RESERVED TO CITY,
(a) There is hereby provided and reserved to the
City every right and power ~htch is required to be herein
reserved or provided by any p~ovtsion o£ the Charter o£
the City or o£ any ordinance of tb~ City, and ~he Grantee
by its acceptance of ~hts franchise agrees to be bound
thereby and to comply with any action or requirement of
~b~ City in its exercise of any such rtlSht or power.
.................... (b). Net.thor the.granttn~ of this franc.h, tse nor any
p~ovtston hereo£ shell constitute a vaiver or bar to the
exez~ise of any gove~utal riSht or power of the City.
(c) This £ranohise sh~ll be nonexclusive and neither
the granttnS of this £rauchise nor any of the provisions
8.
contained herein shall prevent: t:he CtL7 from srent:~
any ident:Lcal or similar franchise ~o any person or
co,petit:ion ot'~er ~.han ~he Grant:eeo either wit:h~n or
w~t:hout: t:he designer:ed area.
Sect:ion 7, ESTABLISI~iEIqT OF SKIt'VICE.
InsUllat:ton of a CATV Syst:em shall be connenced vtt:htn
one hundred eighty (180) days after Zb~ e££ect:lve dat:e of Chis
£ranchtse, and ext:enolons and service pursued with due diligence
~hereaft:er. Failure to 8o connence and diligently pursue ~o
eomplet:ion sh~ll be grounds for terminat:ton of t:hts franchise.
Sect:ion 8. ABAHDOSHEHT OF SEltVICEo
(&) After t:he Nrant:ee shall ha~e est:ablished service
pursuant: t:o t:his franchise ~ t:he franchise area, such
service shall not: be suspended or abandoned unless such
suspension or abandonment: be aut:horized by t:he City Council.
(b) #henever t:he Nrant:ee shall £ile w~t:h ~he City
Council a wt-Lt:~en appltcat:ton allegins t:hat: public tnt:erest:,
convenience and necessiL~y no longer require t~at: t:he
GranCee ~urnish service as aut:hortzed or required by,
or pursuant I:o t:hts franchtse~ ~he City Council shall, a~
a public hearinS, t:ake evidence upon t:hat: quest:ion and
shall rake a £indinf,, wit:h respect: ~heret:o. Not:ice of
such hearing shall be given by ~h2 Nrant:ee t:o each
subscriber in such area at: least lift:sen (15) days pr~or
~here~o. If the Cit:y Council shall find ~hat: public
int:erest:, convenience and neeesott~y no longer require
............. t:hat:' t:he-Nrant:ee frunish such servtce,...~hen t:he. C~y
Council shall, aft:er hearing as provided b~rein,
aut:hor~ze suspension or abandon~-nt: of such service upon
such reasonable t:erms and condit:tons as ~y be prescribed
by t:he Git7 Council.
9.
Section 9. RKGU~TION OF RATES AND SEKVICE.
(a) The City Council shall have the power and
r~shC aC all times ~or the duraC~n o£ Chis' £ranchise
8nd privilege Co require Grantee co eon£onn Co ~easonable
~ules and re~ulaCions adspeed by the Cl~y Councils tn-
clud~u~ Cha power ~o re~ul~ce and eo~ablish reasonable
raCes and charges by Grantee £or services zendered under
Chis £ranchise and privilege and co establish reasonable
rules and re~ulaCions governing per~orn~qnce o£ Che syscem.
The esCebltshmenC o£ such rules and re~ulaCions shall be
discretionary w~ch the City Council.
(b) The said CATV SysCem shall be tnsCelled -nd
matn~iued in accordance wt~h Zhe accepCed 8~andards o£
the indusCry Co the e£fecc ChaC ~he subscriber shall
receive Che best siena! co h~s TV sec. The City may
es~ablish, in accordance w~h Che praccice of Che Ce~e-
vision indusCrye minimum acceptable s~ndards of signal
quality. TB~ provisions of ~hts subsection are a '~naCerial
provision hereof" as Chess Words are used in Section
(2) hereof.
Section lO. LOCATION OF FRANCHISE PROPE~TYo
Franchise property shall be constructed or installed only
aC ouch locations and in such manner as shall be approved by the
DtrecCor of Public Works, acting in .Che exercise of reasonable
d~screcion.
...... Section ll~- REMOVAL-OR~A~9ONMEh~ OF ~RANC~K PROPEKTY,
(a) In the event ChaC the use of any franchise
proper~y is discontinued for any reason for a continuous
period o£ t~elve (12) month8 or ChaC £ranch~se property
h~o been installed in any street without comp~ying with
the requirenents o£ this £renchtse, or the £reuchtse
has been terminated, cancelled or has expired, the
Grantee shall promptly remove £rom the street all such
proper~y other ~han any which the City Manager may
permit to be abandoned in place. In ~he event o£ any
such re,oval, the Grantee shall promptly restore the
street or o~her area £rom which such property has been
removed to a condition satis£actory to the Director o£
Fubltc Works.
(b) Franchise property to be abandoned in place
shall be abandoned in such mnuner as the City ~anaser
shall prescribe. Upon permanent abando~nt of any
franchise proper~y in place, th2 Grantee shall
sul~nit to the City an instr~nent, satisfactory to the
City Attoreey, transferrtn~ to the (~tty the ownership
of such property.
Section 12.
The Gran~ee shall, at its own expense, protect, support,
temporarily disconnect, relocate in the same street, alley, or
public place, or remove from any street, alley or public place, any
franchise property when required by the City
traffic conditions, public safety, street vacation, freeway and
street construction, change or establishment of street grade,
installation of sewers, drains, water pipes, power line, st~ml
lines, and tracks or any other type of 8truch~Lres or improvements
by governmental agencies when acting in a governmental or
........ p~a~3~apacttys · or a. ny-o.tb~r 8~ructuE~8~.or_.pub~c...~prov.9- ....
merits; provided, h~dever, that Gran~ee shall in all such cases
have ~ privileges and be subject to ~he obligations to abandon
franchise property in place, as provided in Section 8.
Section 13. FAILURE TO FERFO~e( STREET WORK.
11.
Upon failure o£ the Grantee to commence, pursue or conplete
any work required by lay or by the provisions of this franchise
be done in any street, within the tine prescribed and to ~he
faction of ~he Cit~y Manager, the City Manager may, at his
cause such work to'be done and ~he (~rantee shall pay to the City
the cost thereof in the itemized _~n~amt8 reported by the City 14anager
~o the Gran~ee, vithin thirty (30) days after receipt of such
iteln~zed report:.
Section 14, AHHIIAL PAY14EHTS TO THE CITY.
(a) By its acceptance of this franchise, ~he
(~rantee agrees to pay to the CiL~y annually in lawn
money of the United S~mtes three per cent (3%) of the
to~al gross receipts collected or received, or in
any manner Mined or derived by the Grantee in each
calendar year, or portion ~hereofo during the te~n of
this franchise, from the properties, operations and
business referred ~o in Section 2 hereof.
(b) Checks for all such payments shell be made
payable to the City Treasurer, and shell be
~o the C~y Treasurer on or before 14areh 1 of each
year for the previous calendar year or portion ~hereof.
(c) Each payment shall be accompanied by a
s~atement, in duplicate, verified by the Grantee or
by a general officer or other duly authorized repreo
sentat~ve of the Grantee, 8how~ng in such form and
............ ;le.~a-~-l-- as- ~Jae. C~.ty-.Aud~or may ~equir2.~rfl~n. t:L~p2 .tO .....
tine the facto material to a determination of the
due.
(d) The paym2nt ~de to the City by the Grantee
pursuant to ~his section for any calendar year sha~ be
"
in lieu of any license, fez or business tax prescribed
by the City for the s~me period, but only to the extent
of such payment.
Section 15. BONDS.
(a) The Grantee shall wi~.b_tn the period specified
in 'Section 3(c) file with the City Clerk and, at all times
thereafter, maintain in full force and effect an acceptable
corpoz~te surety bond, in duplicate, in the amount of FIVE
TE~USAh'D DOLLARS ($5,000.00), e£fective for the entire te~n
of this franchise, and conditioned that in the event the
Grantee shall fail to comply with any one or more of the
provisions of this franchise then there shall be recoverable
jointly and severally from the principal and surety of
such bond any ~nmnges suffered by the City as a result
thereof, including the full amount of any compensation,
indemnification, or cost of re,_oval or abandonment of
property as prescribed by Sections 14, 18 or 11 hereof
which may be in default, up to the ~ull amount of the
bond; said condition to be a continuing obligation for
the duration of this franchise and thereafter until the
Grantee has l~quidated all of its obli~ations with the
City that tony have arisen from the acceptance of this
franchise by the Grantee or from its exercise of any
privilege herein granted.
(b) The grantee shall, at all times during the
existence of the franchise issued ~ereunder, maintain in
~ull force and effect, £urntsh to the City, and file with
............... the Clerk-.of the City-o£ .U~ke~csfie].d,. at.its ~ .cost .and..
expense, a general comprehensive liability insurance
policy, in protection of 2he City of Bakersfield, its
o£ftcers, boards, co ..... ~ssions, a~ents and employees, in a
company approved by 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 tb~ operations of
grantee under such .6ranchtse with minimum liability limits
of $100,000 .6or personal .~.njury or death of any one person
and $300,000 for personal injury or death of two or more
persons in any one occurrence, and $50,000 for ~Am~ge to
property resulting from any one occurrence.
(c) The Grantee shall within the period spect.6ted
in Section 3(c) file with the City Clerk a Faithful
Performance Bond in the amount o.6 $100,000 conditioned
on Granteems .6ully installing the comaunity antenna
television cable th~ouEb_out the service area as it nora
~.xists, within etsh~een months of the e.6fecttve date o.6
this ordinance. The surety shoal1 be liable .6or the
per.6ozmance of Grantee, except for delays of ',nstallation
of cable caused by acts beyond the control o.6 Grantee,
such as acts of God, .61oods, fi. res, earthquakes, strike
in equipment Supplier plants, dete~mtnations of boards,
commissions or govermnental agencies other than the
City o~ Bakers;ield and on events over which the Grantee
has no control. The aforementioned bond is to be in a
form satisfactory to the City Attorney.
(d) Neither the provisions o.6 this Section 15, any
bond accepted by the City pursuan~ thereto, nor any
damages recovered by the City thereunder shall be construed
th~. liability of the Grantee under this .6ranchise or for
damages, either to the .6ull amount o.6 the bond or other-
wise.
Section 16. I~T~EMNIF~TION TO CITY.
The C~antee shall inde.~ntfy the City, its officers and
its employees, against all claims, demands, actions, suits and
proceedl~s by others and against all liability to others, and
a~atnst any loss, cost and expense resultin~ therefrom, including
reasonable attorneys~ fees~ arisin§ out o£ the exercise or enjoy-
me..nc of this f=anchtse, irrespective of the amount of the bond
designated in Section 15 hereof.
Section 17. INSPECTIO~ OF PROPEI~TY AND RECORDS.
(a) At all reasonable times the Grantee shall permit
any duly authorized representative of ~he City Manager
to examine all franchise property, to§ether vtth any
appurtenan~ property of ~.he Grantee situated within or
without ~he City, and to examine and transcribe any and
all maps and ocher ~ecords kept or maintained by =he
Grantee or und~-r its control ~hich crest of the operations,
affairs, transactions or property of the Grantee with
respect thereto, If any of such maps or records are not
kept in the City~ or upon reasonable request made available
in the City, and if the City t~ana~er or City Attorney
shall detemine tha~ an examt,~ation thereof is necessary
or appropriate to the performance of any of his duttes~
then all travel and maintenance expense necessarily
incurred i~ making such examtn~.tion shall be paid by the
Grantee.
(b) The Crantee shall prepare and furnish to the
City Managers aC Cite tim~s and in the form prescribed by
........................ ~he~..Ct~y_Mana~er, su..~.h_ r.e.p..o_r.~.s .i.~i~h ?_e_si}.c..~. to its
operations, affatr~, transactions or property as may
be reasonably necessary or appropriate to the
Performance of any of the duties of the City Manager
in connection with thcs franchise. Such repo=ts ~y
include, but are not limited to, a complete set of as-
built records and plans of all facilities installed within
the franchise service area.
Section 18, Not~eithstandinl~ any other provisions contained
herein, this franchise is granted solely and exclusively under the
C~rter of ~he City of ~kersfteld and ~der no other authority.
Sectt~ 19. ~e ~rantee s~11 provide free of c~rEe one
settee drop and ~ se~wice for all public and non-proft~ private
se~ols, city police and f~re statics, city recreation centers~ and
any additio~l ~nicipal bu~ldinEs desi~ted by the City Co~all,
pr~ided t~t such locations are ~ssed by ~ransmiss.~on cable
~tntatned for the semite of payi~ sWvscr~bers.
8ecti~ 20. Any proposal, submit=ed by the Grantee as
required by the ~t~ flo~ctl ~n tis NoC~ce To Bidders For
flo~ity ~Cen~ Fra~h~.se Within The C~y of Bakersfield
aeneid hereto s~11 become a parc of chis ordi~nce as tho~
fully set forth herein and be enforced on the thirty-first ~y
ffr~ and after its passage.
][ HEREBY CERTIFY fchat the £oregoing Ordinance ~as
passed and adopted by ~he Council of the City oE Bake~sE~eld at a
~la~ meet~t~ ~ereo~ held on ~he 23rd ~y o~ Pebbly, 1965~ by
~he foll~?~ng vo~e~
~1~ lJAgsld~'f, DOOLIN, MAIICHBANK~o MO~MAN, IIUCI~I~ ~I'IERN~ WI. IITT~I~II
ABSENT..
ABSTAINI.~IGs
Council o£ ~he City of Bakers[teld.
R o V.. Karlen -
-- ~OR-of Che C~.~.y 0~"~B.~kers ~'~'~[~"d''='=''='
APPROVED:
STATE OF CALIFORNIA,~
County of Kern
MARIAN S. IRVIN, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and
that on ....... .t...h..?..-.2..4...~...h.....d...a..y...~..~..f.....F-`e...b...r..u...a...r..y..! .............. ,19...6...4.. she posted on the Bulletin Board
at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City
at a meeting thereof duly held ~n...t...h..e.....2...3...r...d--.d..a.~.....~...f......F..e...b....r~~....a.~.rX..~ 19..6..I}..., which ordinance
was n,,mbered ............. ..1..5...5...2. ................ New Series, and entitled:
AN ORDINANCE (IF THE CITY (IF B~KNRSFIELD
GRANTING THE NONEXCLUSIVE RIGHT, PRIVILEGE
AND FRANCHISE TO LAY AND USE LINES, WINES,
COAXIAL CABLE AND APPURTENANCES FOR
TRANSMITTING, DISTRIBUTING AND SUPPLYING
RADIO AND TELEVISION ANTENNA SERVICE ALONG,
ACROSS AND UPON THE PUBLIC STREETS, WAYS,
ALLEYS AND PLACES WITHIN A DESIGNATED
SERVICE AREA OF SAID CITY OF BAKERSFIELD.
Subscribed and sworn to before me this
....2...3.?...cl..day of ............ .F...~...b....l~...a...~.y., ............. ,19..6...5....
.~--~,-~. '~ .~'~.r~ ~Pub]ic in and for the Couuty of ~,erll, State o! California
':~ "// · ~ ' .'"- _W_AL~ W. B~,ll'/'tI, 1Volley Pub