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Ordinance Number 333I ORDINANCE NO. 333 STORER CABLE TV, INC., FRANCHISE AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, GRANTING TO STORER CABLE TV, INC., A CALIFORNIA CORPORATION, A NON-EXCLUSIVE FRANCHISE TO INSTALL, CONSTRUCT AND MAINTAIN A CABLE TELEVISION SYSTEM WITHIN THE CITY OF SAN JUAN CAPISTRANO, REPEALING ORDINANCES NOS. 108 AND 150 AND AMENDING ORDINANCE NO. 327 THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Definitions. Unless it shall be apparent from the content that they have a different meaning, the following words and phrases shall have the meaning hereinafter specified: (a) GRANTEE shall mean Storer Cable TV, Inc., One Storer Avenue, Thousand Oaks, California, 91960. (b) FRANCHISE DOCUMENTS shall mean: I. Ordinance No. 327, entitled CABLE TELEVISION SYSTEMS AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING RULES AND REGULATIONS FOR CABLE TELEVISION SYSTEMS. II. ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, GRANTING TO STORER CABLE TV, INC., A CALIFORNIA CORPORATION, A NON-EXCLUSIVE FRANCHISE TO INSTALL, CONSTRUCT AND MAINTAIN A CABLE TELEVISION SYSTEM WITHIN THE CITY OF SAN JUAN CAPISTRANO. III. Acceptance of Franchise. IV. Maps (Exhibit "A"): (1) San Juan Capistrano Headend Cable System. (2) Strand Map of San Juan Capistrano Franchise Area. V. Subscriber -Grantee Form of Agreement (Exhibit "B"). VI. Specifications (Exhibit "C"). The above franchise documents constitute an integral part of the franchise granted by this Ordinance. Copies of the franchise documents identified as I and II are on file with the office of the City Clerk. Copies of the franchise documents identified as III, IV (1), V, and VI are attached to this Ordinance; IV (2) is on file with the City Clerk and is made a part hereof by such reference. SECTION 2. Incorporation of Documents. All of the franchise documents pertaining to the within franchise are hereby incorporated by reference into this Ordinance and shall be deemed a part of this Ordinance. -1- 2 SECTION 3. A Section 15 (F) is hereby added to Ordinance No. 327 and shall read as follows: "15 (F) Rights of Grantee. "Not withstanding any provision in this or any other ordinance of the City to the contrary, the City shall not have the power to materially alter the rights of the Grantee without the express consent of said Grantee." SECTION 9. Section 9 (E) of Ordinance No. 327 is hereby amended to read as follows: "9 (E) Audit. "The City shall have the right to inspect the Grantee's revenue records under the franchise and the right of audit and recomputation of any and all amounts payable under this Ordinance. The cost of said audit shall be borne by Grantee when the same results in increasing by more than 2% the Grantee's annual payment to the City." SECTION 5. Payment of Franchise Fee. In accordance with Section 9 of Ordinance No. 327, the Grantee shall, during the life of this franchise, pay quarterly to the City of San Juan Capistrano, in lawful money of the United States, three percent (3B) of the gross annual receipts of the Grantee arising from the use, operation or possession of this franchise. Payment of the fees herein set forth shall begin at once at the beginning of this franchise as to the percentage of gross receipts. The Grantee shall file with the City Clerk of the City of San Juan Capistrano within three (3) months after the expiration of the City's fiscal year, or fractional fiscal year, following the effective date of the ordinance granting this franchise, and within three (3) months after the expiration of each and every fiscal year thereafter, a duly verified statement showing in detail the total gross receipts of said Grantee during the preceding fiscal year, arising from the use, operation or possession of this franchise. Within fifteen (15) days after the time for filing the aforesaid statement, the Grantee shall pay to the City Treasurer of the City of San Juan Capistrano, in lawful money of the United States, the aforesaid three percent (38) of its gross receipts arising from the use, operation or possession of this franchise during said preceding fiscal year, or such fractional fiscal year. SECTION 6. Limitations. The Cable TV System hereby franchised shall be used and operated solely and exclusively for the purpose expressly authorized by this Ordinance and by Ordinance No. 327 and for such additional purposes as may be authorized by subsequent amendments. SECTION 7. Repeal. Ordinances Nos. 108 and 150 are hereby repealed. Further, all ordinances and sections of Ordinance No. 327 inconsistent herewith be and the same hereby are repealed to the extent of such inconsistency and no further. SECTION 8. Effective Date. This Ordinance shall become effective thirty (30) days from and after its passage and adoption; provided, however, that the franchise hereby granted shall not become effective unless and until Grantee files with the City Clerk written acceptance, which shall be in the form and substance approved by the City Attorney, and which shall also be and operate as an acceptance of each and every term and condition and limitation contained in Ordinance No. 327, or in such franchise, and shall file also with the City Clerk the insurance 1WM 3 policy, and corporate surety bonds for the City, and cable subscriber prepaid fees for service, in form and substance approved by the City Attorney, pursuant to the provisions of said ordinance No. 327. SECTION 9. City Clerk's Certification. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted in the duly designated posting places within the City of San Juan Capistrano within 15 days after its passage. PASSED, APPROVED AND ADOPTED this 21st day of September , 1977, by the following vote, to wit: AYES: Councilmen Sweeney, McDowell, and Mayor Pro Tem Friess NOES: None ABSENT: Councilman Nash and Mayor Heckscher ENNETH E. FRIEES, MAYOR PRO TEM ATTEST: BY K 'A'P- P+�P e -e EPUTY CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No. 333 , which was introduced at a meeting of the City Council o£ the City of San Juan Capistrano, California, held on September 7, 1977, and adopted at a meeting held on September 21, 1977 (SEAL) BY J�d- - DEPUTY MARY ANN HP ,,NOVER, CITY CLERK ACCEPTANCE OF FRANCHISE TO: CITY CLERK OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA STORER CABLE TV, INC., a California corporation, hereby accepts that certain Franchise, and all of the terms and conditions thereof, granted by the City Council of the City of San Juan Capistrano by Ordinance No. , entitled "Ordinance of the City of San Juan Capistrano Granting to Storer Cable TV, Inc., a California corporation, a Non -Exclusive Franchise to Install, Construct and Maintain a Cable Television System Within the City of San Juan Capistrano." STORER CABLE TV, INC., also agrees to be bound by and to comply with and do all things required by the provisions of Ordinance No. 327 of the City of San Juan Capistrano. Dated: STORER CABLE TV, INC., a corporation By (CORPORATE SEAL) (Title) By (Title) STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On , before me, the undersigned, a Notary Public in and for said county and state, personally appeared , known to me to be the and , known to me to be the , of the corporation that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instru- ment pursuant to its By -Laws or a resolution of its board of directors. WITNESS my hand and official seal. (SEAL) APPROVED AS TO FORM: CITY ATTORNEY Notary Public in and for said county and state. CERTIFICATE OF CITY CLERK I hereby certify that the foregoing Acceptance of Franchise was received by me at the hour of o'clock .M. on CITY CLERK, City of San Juan Capistrano, California -5- lei EXHIBIT "A" Headend Cable System F" �Vr V�VV Hy�trY���Y1t�-F �1 / ,IW'f I;�4P 1 s'ronrn iVV{� OA1f i... S... P _ RE CNL WLfO iOfl _' -Pfl=PARED i,c,..m T e mAs gGCOUNi No. °"^ 'o eln:E ceol OAIE 'll11M`� i - AM iM LgGi OP COMPANY IJw4[ t FI,IST NAME INT. nFkl�- CAR£ OF OR MISCELLANEOUS _` E,PEENO- ... DIR SIHEEI NAME A.,M D, ApLLaI, Oox CITY AND STATE ZIP COp9_� jFil: PHONENO. DEFILE PHONE NO ;.ms No 111E4 fiRFA SAlF5R04SE nuSunsa v¢ 6hLOYCLE RILLING ONiE .LS6L'Lr'o 'M Vero" BILL BILL TO SIn EET ADDRESS RILLTOCITY ZIP COLE TAA CITY CNTY STA 46 EXEMPTION 1V�s - . WORK oUTHOPILIED —I SERVICE INFORMATION ..,{ DESCRIPTION ^ .,ni .:OUNI AIADUNT OUTLETS _T NO AMOUNT V¢E AMOUNT,rti NE W SUBSCRIBER -"^ A I A PRIMARY OUTLETS RECONNECTION B ADDITIONAL OUTLETS -� a R n!',�9 K+ yrr, ,,te, UTLEDETIO�SL E F. FIR yl MOVE .I�, F F .: 'UTLETS >tl DISCONNECT G C OUTLETS - - DISCONNECT H SERVICES h ARTIA PARTIALMONTH - -- t TERMINATION J - J _ — TOTAL: r - "- .i. kl^•� AT TMENT -- —' F �— An O 1r FFVICE OUANtITY SERVICE OVANTITY ". CONVERTERS . -..-I— 1-- --},�/1` y� PAID Wv_ 01�L AMOUra77 DUE NOVV By AMOUNT COLLECTED —_ hMPIUMBER 0 TAGNC. M M CONVERTER C0IN6RTER INUMERIC ONLY DEPOSIT L L I SNUMEmc ON11 GAGE STIM SOURCE M ,, 4�.,.:U TOTALS tt -., IV s,l, { I { P'atrtr C PR(S£RVC VETME % µ I IpO SC O pROMOTIONALCR p IN]IALL CR SUIT R ADDIT CONVE TER n`.es 01TIV,N$FFR NEW ACCOUNT NO ` C c BALANCE IAflGCLCDES I� I __1N OiNEH IM SC U RAO DER IREINST 5 DSC CONVERTER 5 STnRIY - INSTALLATIONINSTFU OTION9 I?by',*va" Phe Subscriber agrees to pay, upon execution of this agreement, the sum Of$V �a! 3ayment in full of the Init]L Charges as listed above. The Subscriber also aypee: .o pay'to the Company,monthly in advance commencing the 1st day of 19 ,'a, Service charge of -5 per the. schedule above, for the service foF— rere¢is: >et(s) and/os FM service at Subscriber'spremises;and thatonfailure to pay 4l�d nonthly sum, or any other breach of this contract, the Company has the right't`gpy, lisconnect its service to Subscriber and/or enter Subscriber's premises and 'redpo:vI LCs facilities. Accounts deliquent over 95 days may be subject to a $2.00 specj:al ;andling charge. Also, the Company will. levy a $3.00 charge for each subscriber' :heck, returned from the bank, due to insufficient funds. The Company agrees to Ccirver service to Sebscriher at the address doetgf;dsd above and at No gree R•- ^;d NIIII. This egreoment, INCLUDING THE; it 'VISIONS ON THE RLVLP9E SIDE HEREOF, M;u'run, osouse"'s,h r of lhapanles he,ewend at; .....m, ],,Mde,U v.nNanor eral, are compMetl` in. No reoresunmhan, guarantee m war,, Completed roc's by any agent of the creo"ny shag bo binding upon , .: I t,.,-, em„ss Vr.,Id.d torah; and ell Grovleldes "..''. '.atomseal recrosdin LILT, thenlea,fecutorsand legal ttlpra5➢nWlivosof the pdrbas. - 'k Completed 6y.-,__ !Date _ IT !,i Time dubscriber -7- Exhibit "B" 3foZ; t .- rIr sr ith l;a bscr. tri CABLE"C1=L�° 1 EC1 S1 f>ir `�E'RVICE;;;II '.they the Subscriber or the Company may !rminate this agreement for any reason - rd at any time on thirty days notice in 'itiny, 1, such notice as not provided, Ie company at its own discretion may hold forfeit, ^_he subscribers final month ., 5 ;rvice charge, if at any time the Sub- :Tiber i.s riot s-atisfi.ed with the service earthquake; wind; tornado; malicious mischief, failure or repairs or other facilities v o prided L or any( co of power; any Twchaor ordinacal nce, are or channel dislocation; Idea this gzceme_nt, it is understood,," Id agreed that the subscriber' exc'uor anycourtolder, law or ordperation aril orle cyst, restricting •reedy shall be limited to suchright of or prohibiting the orae or operation of the system by the :r urination and the Company shall have no Company. SuescnLer agrees that Company is not responsible .her or further liability to the sub- for the operation, mzintonunce, service or repair of Subscriber's :riber. l elevision or radio set or sets Subscriber Co^_s hereby gram to Company tIc right to enter upon and over :hr premises el the above address at any nmr for purposes of cnnnecbnq one service. Inspecullo, adlusling, "repairing, moving er mmmenr it, and Subscriber also agrees that all of the Cong:any•s nmterlals and he,ld,es used by it Ior the transmiseon of lire Ielevimoo signal service and connechon in Svbscrioer's pri i.:es, Incimleg Ine, Immoral of the herdce wire, shall always remain the prupa ly of the Company. Subscriber agrees not to move, disturb, alter, or change any . of the locations of any of the Comport y materials or fa0hhns; and also, riot to connect or attach, directly or indirectly any additional television set or any other device to any of the Company's facirdies. If S,:becriber requests relocation of lne SeNlce w0e tram the original place of connection. Subscriber shall pay for scree op a cost-plus time and materiel basis. The Company shall not be liable for any mconven'ence, loss, liability, or domane resulting !rola any 6nlurc or inidnuplion of signal scrvlce, dimclly or u,dhectly caused by, or prornmalely resulting from, any circumstances bryond ds control; ...eluding, but not 1'Imt;ed le, huh.re of the Iclnwsi0n signal at the liters - Miller for any cause whatsr,rvrr' Benin! of use of pole:; or Omer facilities of a lrlcphone core Gamy or power company; strike; labor dairefe; fire; flood; riot; Invasion; war; aircrall; explosion; Subscriber understands that Company uses telephone rbr power poles in prov,d,nq service and that this continued use cannot be guamntced; Therefore, In the avant It Is denied for any reason, the scrvlce provided hereunder may be interrupted or discontinued and if Company atter reasonable efforts is unable' in els discretion to Pierian service over alternate routes,' Subscribm agnea he will mzke no clolro against Company, or the lelophono compiwy, or power company, for said interruption' or onnfnaC:on of s,wicCS. it Subscriber is not the owner of the premises to be served under this contract, Subscriber agrees to indemnify and hold Company harmless from any and all claims of such owner arising out of the norfornfanceol this contmcl. This agreement, and Ilia service fural5hed hereunder, Is not assignable, or to be s,,blel, without the written consent of Company. The Subscriber shall nolo/ the Company of any chancy of occupancy or ownership of the premisesimmedtately on such" transfer of evncrship or lonancy. Nothing In this agreementy shall be construed 10 give Ina subscriber Ih.q right to sell eft assign, or the successor Ieuant ar occupant to acquire, any dghta' to use of any of Ilia In:la'Intlon or servico provlled by the:., Company. PAYTil "FERIP S AND Chet MONS sl EOUIPMENTt The converter unit and other properly dell ered to, Subscriber shall remain the property of Company, Sube,fvber, assumes the risk of loss, (hell or damage to the counsellor unl Li•., at all Ilmcs prior to the removal of the units by Company-abd;l stipulates the! the value of the unit is 575.00. Subscriber horoby°,I knowingly authorizes Company to confess Judgment againsiL Subscriber for these amounts together with attorneys lees and i costs incurred by Company due to loss of or damage to Company;;, equipment or other breach of this contract by 5ubscribsr.: - I r r,':. t'r .-o 1 , WARRANTIES.Compony material an that Ila Tonle convene. units) are Tree of detects In material and..:s found and detective.. replace any convener unit which is found to for detective.. •or Company snarl have no ,ninny of any eclair for lora r or interruption of Frogaml u:,nef mission service caused or proxi, rudely resulting In,m any circumstances beyond its control,•' In any other rase of prugrwn interruption or servico, Compony ft sole obligation shall to ;n its uphon to either make :rveilable comparable pregrmnmtng it to refund to Subscriber the amount paid directly lur such pf ogtarus ouCf vice. r ACCESS TO PREMISPS: Subsrriber agrees to give authorized representatives ul Corr•pany access at :dl '03,0 "'1 times to - inspect and ,nainta, converter uni!s and to remove the ands at the lerminc,ionol this agreement. _ PROGRAM SERVICE: Subscriber acknowledges that Company nes the right at any tire: to preempt without error eerier specific programs advertised as available to Subscriber anal to substitute %hat CUmpa fy deems to oa programming of comparable quality. In addition, Conup.nny re,chr; the right to increase or change the applicable, fees upc n -:hail• pil) days' written notice to Subscriber; rmco ver, Subse;rther retains the right to cancel the''•-:. program or services. _ PEFUNDARLE CFPOSITCompany acknowledges tire receipt of the defendable deposit, it any, listed On Nvaee side. At the termination of Ifs a ecr ifn r the Company or its successor in Interest shall oluin is Swscnbur v:ilhii. thirty (50) days of the disconnect a sum equed to s,,,a deposit less any applicable deductions. DEDUCTIONS: A Suh-seem m :nraals at lhr, time of a disconnect will be assessed a atupD de:connscl fee, which deduction may be made from lne rolunCable dolrusfh. No deductions will be made it the account is fully p,dd and ail Company equipment is received by Company. - RIGHTS AND DUTIES UPON Tr RMINA?ION: This agm, Mani nlay be mrmimacd Ly Cu ..... Lely and me uq:dpn,ent removed ,.thoW pilo• notice ll Suhuvrbur' (A) Oreachaa l ie a ovena.ds co, ached in nit a(lreemem, or (b) T-als to pay;no a,anl hl, nmvmo clneir. Agreement m!p' be Iorm;uabd ht Subsco or;r ;it it, liar by giving THIRIY (30) UAYS Will T TIF! NO RCE and cooP,ruhnq with Company to log f,ri it 0 Carrara e,Iunlr-rt I, 'In Sea. Staub, it's homy. AT 1 PIAI11 S DY COV PANY'1 O tCT UPCl: ,1 OTICE WHICH Do[ if NUl 1 OVPLY trillI IHE PIIUVI;,(,;y 01' IIIts CONI N ACT DO I10 CCN, I I I UI P A Y AwT 11 OP It lE NORCE PROVISIONS l,,•I I ANT II If Ll iLIN. COVENANTS: Subscribes i:-,noantr. cold ngroas not to duplicate, reproduce, vi leariln;, or ogre the programming or equipment provided hemtnxier lo, any purpnso except home use. on I television sets cnmenc•d to !be movie club by the Company. Additionally, Subscrih;.r idiUr:s not to assign this conlraet.j TAXES: Subscriber ugioc:. it. p.w any local, stale or federal taxes i imposed or Irsnnd .r fn -ui, r act the Mcvie Club hs rvlco, te real nonance, alt( 5e,.,,. _.-16 �, ilei and lire Side nI prograrts er other services, or any r.l to., fu by reason of this agme:nenl or : any orncn lif nt II'.Otk, The monody sunt 0.,.ni: a L„ale provided for will act be inc,oaeed by If, C.nnp,ny "Trow ..10 drys prior written notice to the Earacro,ta. -8- EX}I 1B IT 'r B” r� SPECIFICATIONS The following specific conditions shall apply: Basic Service: Item '(1): At least twelve (12) channels of 6 MHz each shall be available for immediate use, as listed in Table 1 herein, unless changed as directed or approved by FCC and reported to the City Manager. Item (2): All new cable equipment and facilities, or replacements, shall have the potential of two-way signal transmission, unless this requirement is preempted by FCC rules. Item (3): As a minimum, one composite access channel in the VHF band shall be available for use by local government, edu- cational institutions, and the public, and cablecasting equip- ment as required by FCC 76.253 for local production and presentation of cablecast programs. Item (4): All new cable equipment and facilities, or replacements,; shall have a minimum capacity of 20 channels. Item (5): Any telephone within a San Juan Capistrano City facility may be utilized to transmit an audio override signal to the cable system headend for simultaneous distribution over all cable channels during emergencies. video override capabilities may be added. Extension of Services: In order to promote the City's goal of a completely wired city, without -placing an undue burden upon Grantee or subscribers, the following policy for line extension shall apply: (1) Service at the established connection fee: (a) Any resident desiring service shall be serviced upon request at the established connection fee provided the dwelling unit is located within 150 feet of the cable trunk line or feeder line in place. In underground areas, the resident shall be responsible for providing { a trench, backfill and conduit for the drop cable connection. i I' (b) Any group of residents located in an unserviced area anywhere within the City boundaries, shall be serviced upon request at the established connection fee provided ` the following density of participating subscribers exists: Overhead cable: 40 or more per cable mile. Underground cable: 60 or more per cable mile. Measure- ments shall be made from the nearest distribution cable. (2) Measurement: Footage shall be measured as follows: (a) Drop line extension: Measurements shall be made from the nearest point on the cable line to a drop entry point on the dwelling unit structure, even though actual installation route may be longer. If any additional easements are required, they shall be the responsibility of the subscriber. (b) Cable line extension: Measurements shall be made along the most practical route from the nearest point on the cable line to the nearest property line of the dwelling unit. -9- Exhibit "C" 10 (3) Service on a cost-sharing basis: Upon request from any resident or group of residents desiring service who do not meet the conditions set forth in item (1), Grantee shall extend service, charging the cost of extension after deducting the costs for 150 feet from each subscriber parcel. Grantee shall submit to the City Manager an estimate of costs for time and materials in excess of 150 feet and the approximate completion time for the installation. The City Manager may request a breakdown of costs. (9) Cost -Sharing Refunds: Where line extension has been financed by one or more residents, any new subscribers taking advantage of the line extension shall be required to pay a pro -rata share of the cost by refund to k the residents who financed the extension, if occurring within three (3) years of installation. a (5) Any resident or group of residents may apply to the City Manager for information or assistance in negotiations with Grantee, and in any event, the City Manager must approve any agreement reached between Grantee and residents for extension of services to ensure that franchise terms are met. (6) In no case is any resident obligated to subscribe to cable service. (7) The terms for line extension specified in this paragraph apply to all areas of the City, including newly annexed areas. (8) Time limitations on line extension: Any requests received by Grantee for line extension shall be reported to the City Manager, responded to within 30 days, and con- struction commenced within 60 days of obtaining necessary permits, and completed within a reasonable time. (9) Installation Charges (a) Residence First outlet Overhead Service. The charge shall be eighteen dollars and seventy-five cents ($18.75). In the event that the distance measured along the cable from the center line of the street, alley, or easement occupied by the feeder cable to the point of attachment with the subscriber's residence exceeds one hundred fifty feet (150), Grantee may make an additional charge not to exceed the actual direct cost to Grantee attributable to such distance in excess of one hundred fifty feet (150 feet). Underground service from underground feed cable. In the event that the subscriber independently provides for his own trenching (including back filling, repaving and/or replanting), the charge shall be twenty-five dollars ($25). In the event that the subscriber contracts with Grantee to provide the trenching and related work, the charge for the trenching, etc., shall be the variable cost incurred by Grantee and the charge for the duct, cable, and installation shall be as stated above for overhead services. -10- Exhibit "C" 11 In either event, Grantee shall bear the full cost of providing the trenching and all other facilities from the feeder cable underground service from overhead feeder cable. The charge shall be as stated above from overhead service and, in addition thereto, the difference between Grantee's incurred variable cost of providing the underground facilities and the estimated cost of constructing equivalent aerial facilities. Reduced charges during certain periods at the option of Grantee, any of the foregoing charges may be reduced by any amount or waived but only under the following conditions: the subscriber makes a bonafide application for service not later than thirty days after Grantee's local feeder cable is initially placed in service and such cable is reasonably accessible to subscriber's premises; or Grantee applies for and receives from City Administrator specific time-limited authority to reduce or waive charges. Reduced or waived charges, if offered, shall be on a non-discriminatory non -preferential basis. The charge for an additional length lead (maximum 121) is seven dollars and fifty cents ($7.50). Each Additional Outlet There shall be no charge for additional outlets if the subscriber's order for same is made not later than the time the first outlet is installed or reconnected or any other outlet is relocated. When the subscriber's order is made subsequent to the time specified in the above paragraph, the charge shall be ten dollars ($10) for the additional outlet. When an additional outlet is installed in a separate structure on subscriber's premises and the distance measured along the cable between points of attachment of the cable to the separate structure exceeds fifty feet (50 feet), Grantee may make an additional charge not to exceed the actual direct costs to Grantee attributable to such distance in excess of fifty feet (50 feet). Reduced Charges under Certain Conditions. In those instances where Grantee serves a subscriber through a service drop and/or outlets installed as part of a prior commercial CATV system or previously installed facilities, no installation charge shall be made for such previously installed facilities, no installation charge shall be made for such services in place, except that charge not exceeding the actual variable cost to Grantee may be made for such replacements or repairs as may be necessary. In no event shall these charges exceed those pre- scribed under paragraph (1)A.1. "First Outlet" and paragraph (1)A.2. "Each Additional Outlet" above. a. Multiple Apartments, Hotels, Motels and Non -Residence 1. All installation charges for the above - captioned classes of subscribers (where -11- Exhibit "C" 2/ multiple apartments are under one ownership with one customer billing) shall not exceed the actual variable cost to Grantee. 2. Grantee shall keep such records as may be necessary to identify the costs and - charges associated with each of the foregoing subscribers. 4. Monthly Rates A residence: for full channel service having a minimum of twelve channels: a. First Outlet - The rate shall be seven dollars and fifty cents ($7.50). b. Each Additional Outlet - The rate shall be two dollars and fifty cents ($2.50) per month. C. Hotels, Motels, and Non -Residence - For full channel service having not less than twelve channels, the rate shall be seven dollars and fifty cents ($7.50) for the first outlet, and three dollars and seventy-five cents ($3.75) for each additional outlet. The above rates shall apply only where all outlets are on the same premises, under one ownership, and with billing to one customer. d. Multiple Apartments - In case of multiple apartments containing ten or more units, if there is one billing and 100% of the residents receive cable television service, those residents would'be entitled to a 10% discount. 5. Converter Fee for Mid -Band Conversion shall be twenty dollars ($20) one-time installation fee and a monthly fee of two dollars and fifty cents ($2.50). 6. Relocation Charge a. The charge shall be ten dollars ($10) for each relocated outlet, except that where the subscriber's order therefor is made not later than the time an additional outlet is installed, the subscriber's service is reconnected, or the first outlet installation is made, the charge shall be seven dollars and fifty cents ($7.50) for each relocated outlet. b. In the event of the relocation of any outlet which requires a new lead-in, the provisions of paragraph (1)A.I. "First Outlet" overhead service shall be applicable. 7. Reconnect Charge a. The charge shall be ten dollars ($10) per subscriber. b. The charge shall apply where Grantee had previously serviced the premises and facilities are substantially in place, but service was cancelled, suspended, or terminated, unless by Grantee without good cause. C. The charge shall not be made in addition to the installation charge set forth in paragraph (1)A.1. "First Outlet" and paragraph (3)a. "Multiple Apartments," etc. -12- Exhibit "C" 13 d. Grantee shall not remove, rearrange, or otherwise disturb any of its existing facilities for the purpose of making a greater change than would otherwise be applicable. 8. Billing a. Installation, first and final month charges payable prior to installation. b. On-going billing, bi-monthly in advance. Subscriber to have option of paying current month or more. C. If their account is current, subscriber is entitled to one month free service if eleven months are paid in advance (8-1/3% discount). Apartment, condominium, townhouse or mobile home complexes are entitled to a 108 discount if billed on a bulk basis. (10) Franchise Term The franchise granted by the Council under this Ordinance shall be for a term of twelve (12) years from the date of acceptance, with all the rights and privileges and subject to each and all of the terms, conditions and limitations as set forth in the "Franchise Documents." In the event of cancellation, transfer, or termination of the franchise, or in the event that negotiations for a new franchise have not been completed, upon expiration of franchise, Grantee shall continue to provide services to the public as if its franchise is still in effect, in return for the established rates during the interim period, such period not to exceed 90 days. If the City is required to fulfill this obligation for Grantee, Grantee shall reim- burse the City for any costs or damages resulting from Grantee's failure to perform. (11) Service Area The Grantee's service area is as designated on Exhibit A of this franchise. In addition, the Grantee is authorized to extend its trunk lines, feeder lines and head end system in order to comply with Item 1 under Extension of Services, Page 1 of these specifications. Nothing in these specifications, however, is to be construed to contradict Section 3, Paragraph A, of Ordinance 327 which says: "Addition or deletion to the designated service area will be made only upon the prior authorization of the City Council . . . 11 (12) Alternation of Cable TV Equipment in Public Utility Easements Whenever it is necessary for the Grantee to excavate or make any other substantial alteration in the appearance of the public right-of-way, the Grantee shall notify affected adjacent property owners prior to such excavation or alteration. (13) Certification of Revenue Figures Grantee is hereby authorized to have its financial controller certify the revenue figures in the preparation of the annual franchise report called for in Section 9(C) of Ordinance 327. -13- Exhibit "C" 14 TABLE 1 SIGNALS TO BE CARRIED This Schedule to be Part of Subscriber Agreement The City of San Juan Capistrano subscribers will receive the following broadcast signals subject to the FCC rules and regulations. STATION CHANNEL CABLE CHANNEL CITY OF ORIGIN KNXT 2 2 L.A. KCET 28 3 L.A. KNBC 4 4 L.A. KTLA 5 5 L.A. KWHY 22 6 L.A. KABC 7 7 L.A. KOCE 50 8 Huntington Beach KHJ 9 9 L.A. Local Origination 10 Community Access KTTV 11 11 L.A. KMEX 34 12 L.A. KCOP 13 13 L.A. KBSC 52 *Midband L.A. (Corona) KLXA 40 *Midband L.A. KHOF 30 *Midband San Bernardino KLCS 58 *Midband L.A. (Educational) KGTV 10 *Midband San Diego KFMB 8 *Midband San Diego In addition, a full band FM radio service will be provided for reception on any standard FM receiver or tuner. -14- Exhibit "C"