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HomeMy WebLinkAbout1986-12-02; City Council; 6081; CMC 5.28.030(a)/.050(a) amend - Cable franchise equipment/facilities1 2 3 4 5 6 7 €3 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2% i) 0 ORDINANCE NO. 6081 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 5 OF THE CARLSBAD MUNICIPAL CODE BY AMENDING SECTION 5.28.030(a)(8) TO REQUIRE THE CABLE FRANCHISEE TO MAINTAIN AND REPLACE EQUIPMENT AND FACILITIES FOR THE TERM OF THE FRANCHISE AND SECTION 5.28.050(a) TO EXTEND THE TERM OF THE FRANCHISE TO NOVEMBER 19, 1996. The City Council of the City of Carlsbad, Carlsbad does ordain as iollows : Section 1: That Title 5, Chapter 5.28, Section 5.28.030 of the :arkbad Municipal Code is amended by the amendment of Subsection (a) and (8) :o read as follows: (8) When the cable system has reached three thousand five hundred ;ubscribers, the grantee shall maintain a studio and a headend that will be :apable of producing live or recorded programming to be cablecast in color md/or black and white for distribution by cable throughout the city. The yiantee shall make available equipment and assistance for the production of irgramming at its studio at lease rates for use by access channel users. idditional equipment shall also be made availabIe which will permit access isers and grantee to produce programming at locations other than the headend studio. ?quipment for the duration of the franchise. For public access channel users lescribed in subsection (7) above, grantee shall provide free use of the xoduction facilities and production assistance for the first five minutes of iir time for the period of the franchise. Any applicant to operate a system inder the provisions of this chapter shall demonstrate in its application how it plans to provide and make available the above facilities and services. Grantee shall maintain and/or replace such studio facilities and In the event there are two or more systems in the city and either )r both have reached three thousand five hundred subscribers, the grantee may jetition the city council and request a modification of this requirement. intent and purpose of such request would be to preclude unnecessarily hplicating studio facilities in the city. Grantee shall present the city with i plan for a suitable equivalent to the studio requirement. lo the studio requirement will be determined by the city council which shall be i condition of approval of any modification pursuant to this subsection. The Suitable equivalents Section 2: That Title 5, Chapter 5.28, Section 5.28.050 of the Carlsbad Municipal Code is amended by the amendment of Subsection (a) to read as follows: (a) The franchise granted by the Council under this Chapter shall be for a term of nineteen years from the effective date of the franchise ordinance. Five year extensions may be granted as herein provided. c "*' 3 : 1 4 F c t r 1 f s 1c 11 12 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a meeting of the Carlsbad City Council ield on the 18th day of November , 1986 and thereafter. PASSED AND ADOPTED at a meeting of the City Council held on the 2nd day of December , 1986 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Chick and Pettine NOES: None ABSENT: Council Member Casler -, -- CLAUDE A. LEWIi, Mayor Pro-Tem LTTEST : LLETHA L. RAUTENKRANZ, City Clerk SEAL) g/