HomeMy WebLinkAbout1977-10-18; City Council; 6058; Cable TV system franchise - Daniels/La Costa Community Antenna Sys.1
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ORDINANCE NO. 6058
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, GRANTING A FRANCHISE FOR A CABLE TELEVISION SYSTEM TO DANIELS PROPERTIES, INC. AND LA COSTA COMMUNITY ANTENNA SYSTEM, INC.
The City Council of the City of Carlsbad, California, does
ordain as follows:
SECTION 1: This ordinance is enacted pursuant to the authorit1
provided in, and all the provisions, terms and conditions of
Ordinance No. 6055, "Establishing a Procedure for the Granting of
Franchises for Cable Television Systems in the City of Carlsbad",
adopted on February 5, 1976, and codified as Chapter 5.28 of the
Carlsbad Municipal Code.
SECTION 2: Pursuant to the provisions of said Chapter 5.28
(Ordinance No. 6055), franchises to construct, operate and maintain
cable television systems within the areas specifically described
and delineated below are hereby granted to (1) Daniels Properties,
Inc. and (2) La CostaCommunity Antenna Systems, Inc., herein
referred to as GRANTEES, with all the rights and privileges and
subject to each and all of the terms and conditions of said Chapter
5.28 (Ordinance No. 6055, as amended by Ordinance No. 6057.
Daniels Properties, Inc. shall serve all land within the
corporate limits of the City of Carlsbad as they may be during
the term of the franchise except those areas to be served by
La Costa Community Antenna System, Inc., which shall serve the
following generally described areas:
1. That portion of the city known as "La Costa", which
annexed to the City of Carlsbad effective December 6, 1972
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La Costa Community Antenna System, Inc., dated July 25,
1972.
2. The "Ponderosa Development", lying to the south of and
contiguous to the "Weigand and Others" annexakk6n.-
described below.
3. The "Northeast Annexation", lying northeast of and
contiguous to the "La Costa" annexation described above.
4. . The "Weigand and Others Development", lying south and
contiguous to .the "La Costa" annexation described above.
5. "La Costa North", lying north of and contiguous to the
"La Costa" annexation described above.
6. The "Ponderosa North Development", lying north.of and
contiguous to the "La Costa" annexation described above.
The areas to be served by La Costa Community Antenna System,
Inc., as described in Subsections 1 through 6 above, are more
particularly described and delineated on the map marked Exhibit
"A", attached hereto and made a part hereof.
It is understood that those areas known as the "Seaport
Development" and the "Spinnaker Hills Development" may be
temporarily served by La Costa Community Antenna System, Inc.,
pursuant to an agreement with Daniels Properties, Inc. Such
agreement shall contain the terms of such temporary service and
the per unit acquisition costs which will prevail at the time of
transfer of service to Daniels Properties, Inc. Further, a copy
of any such agreement must be filed with the City Clerk and shall
not be effective until approved by the City Council.
SECTION 3: Grantees shall provide service in their respective
service areas within two years of the date of receipt of their
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respective Certificate of.. dorip1 ance from the Federal Communicatjor
Commission. as parti larly'described and delineated on the map
rked Exhibi "B:, attached hereto and made a. rt hereof. In
that the areas delineated on Exhibit "B" constitute the majority
of the develo d and populat d areas of the City on the effective
date of this franchise other areas will be provided service from
the end of said two year period through the remaining term of the
_I
ny one of e following three conditions are
found to exist:
1: Grantees shall extend service to all areas where a densit1
equal to a greater than.forty dwelling units per mile of
able plant exists an'd where utility or service trenchs
are open and available the Grantees. Cable plant mile
shall be measuredafrom e juncture of the extended cable
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i and the cable trunk.' Such service be extended not
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later ,than six month
requirements. .
of. the date said area'met the
1 2. Grantees shall extend ce to all'a where a density
-' equal to or greate t 1ess.than forty
dwelling units er mile of cable plant le exists and
where utility service trenchs are open and available
to the ,Grantees and where a minimum of twenty dwelling
units agre ribe to the basic service. Cable
r
asured from the 'juncture of the
able and the cable trunk; 'Such service to be
extended not later than six months of the date said area
, met the requi
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3. Grantees shall extend service to any area or dwelling
unit not otherwise required to be served by this Section
where said area or dwelling unit agrees to pay the actual
material and direct labor costs (not including overhead)
required to extend the cable facilities necessary to
provide such service.
SECTION 4: Pursuant to the provisions of Chapter 5.28,
Section 5.28.170 of the Carlsbad Municipal Code, the Grantees
shall charge their subscribers and users the rates and charges
as approved by the City Council in its Resolution No. 52.20 and
Resolution No. 5 2 2 1
prior approval of the City Council expressed by resolution adopted
pursuant to said section.
and no increase therein-may, be malde-_without -
SECTION 5: The Grantees shall transmit over the cable system
those channels prescribed by the Federal Communications
Commission.
SECTION 6: Grantees shall provide for transmission by cable
a minimum of fifteen frequency modulated radio signals received
off the air.
SECTION 7: Grantees shall provide channel carriage for
instructional Television Fixed Service on frequencies specified
for such carriage by the Federal Communications Commission. Such
channel carriage shall be limited to point to point transmissions.
Additional equipment or plant facilities necessary for origination
from and distribution within educational facilities will be
provided by the school district receiving the service.
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SECTION 8: The cable television system herein franchised
ahall be used and operated solely and exclusively for the purpose
zxpressly authorized by ordinance of the City of Carlsbad and no
Dther purpose whatsoever.
SECTION 9: All provisions of Chapter 5.28 of the Carlsbad
Wmicipal Code (Ordinance No. 6055, as amended by Ordinance
No. 6057) are expressly made a part.of this franchise.
SECTION 10: This ordinance shall become effective thirty
days from and after its passage; provided, however, that the
franchises hereby granted shall not become effective unless and
until Grantees file written acceptance thereof and an agreement
to be bound by and comply with all of the requirements thereof,
and delivers to the City the bond and insurance policies required
to be furnished, all pursuant to the provision of Sections
5.28.090, 5.28.100, 5.28.120 and 5.28.130 of Chapter 5.28
(Ordinance No. 6055).
EFFECTIVE DATE: This ordinance shall be effective thirty
days after its adoption, and the City Clerk shall certify to the
adoption of this ordinance and cause it to be published at least
mce in the Carlsbad Journal within fifteen days after its
adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the 4th day of October , 1977
and thereafter .
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PASSED AND ADOPTED at a regular meeting of said City Council,
held on the lathday of oc~bPr , 1977, by the following
vote, to wit:
AYES : Councilmen Frazee, Lewis, Packard and Skotnicki
NOES : None
ABSENT: Councilwoman Casler
R@BE'RT . C . - FRAZEE ,- May&
", ATTEST:
I'4AFGAST.E. dzpH& ADAMS, city Clerk