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(a) Amount of Fee. After January 1, 2010, any State Video Franchise holder providing State Video Service in the City shall pay to the City a fee to support the ongoing costs of public, educational, and government access channel facilities and activities in the amount of one and one-fifteenth percent (1.15%)
1 of the State Video Franchise holder's annual Gross Revenues from providing State Video Services in the City.
(b) Payment of Fee.
(1) A State Video Franchise holder shall pay the fee due to the City in this Section on a quarterly basis. Each quarterly payment shall be made to the City Controller no later than forty-five (45) days after the end of the calendar quarter.
(2) A State Video Franchise holder shall include with the payment a statement of its Gross Revenues from providing State Video Services during the calendar quarter.
(c) Use of Fee.
(1) The City shall use the first one percent (1%) of the fee required under this Section to support public, educational, and government channel facilities.
(2) The City shall use any amounts over one percent (1%) of the fee required under this Section to support public, educational, and government channel facilities and activities.
(3) In the event that Federal or State law is amended to allow the use of these funds for the purpose of PEG operating expenses the City may use these fees accordingly.
(Added by Ord. 99-09, File No. 090287, App. 6/19/2009)
CODIFICATION NOTE
Compliance With Laws. | |
Maps and Plans. | |
Placement of Facilities. | |
Removal, Relocation, and Work-Arounds. | |
Abandonment. |
(a) Applicable Laws. All work performed in the geographic boundaries of the City by a Grantee, including work not involving excavation and including work performed on both public and private property, shall be performed in compliance with this Chapter, the Franchise, and other Applicable Law, including, but not limited to the City's Municipal Code, (including the Public Works Code), and CPUC General Orders 95, 112, and 128. Grantee shall, at its sole expense, procure and maintain in force at all times during the term of its Franchise any and all business and other licenses or approvals necessary to construct Facilities and provide any Services in the City. Grantee shall obtain any necessary approvals regarding the impact that its Facilities may have upon the environment. Nothing in this Chapter or in any Franchise is intended to imply that such approvals will be issued.
(b) Construction, Operation, and Maintenance Standards. Experienced and properly trained maintenance and construction personnel shall perform the construction, operation and maintenance of Facilities in a manner consistent with industry standards and good engineering practices. In the event of a conflict among codes and standards, the most stringent applicable code or standard shall apply, except insofar as that standard, if followed, would result in Facilities that could not meet requirements of Applicable Law. A Grantee shall at all times employ reasonable care, within the meaning of Applicable Law, and shall install and maintain in use commonly accepted methods and devices to prevent failures and accidents that are likely to cause damage, injury, or nuisance to the public.
(Added by Ord. 58-00, File No. 000198, App. 4/7/2000)
Grantee shall make a good faith effort to maintain current, accurate and complete plans and record drawings showing, in detail, all physical features of the Facilities, including, without limitation, the approximate location, depth, and size of its Facilities constructed or installed in the Public Rights-of-Way in relation to the adjoining property lines, and the services provided over the Facilities. Upon demand, such plans and record drawings shall be delivered to City, in a format acceptable to the City, within ten (10) City business days of a written request, or immediately, upon oral request and in whatever format is available, in the event of an emergency.
(Added by Ord. 58-00, File No. 000198, App. 4/7/2000)
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