HomeMy WebLinkAbout1994-01-25; City Council; NS-268; CMC 5.28.040(a)/.050 amend - Annual franchise fee increase (5%)...a 1
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ORDINANCE NO. NS - 26 8
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA AMENDING TITLE 5 OF THE CARLSBAD MUNICIPAL CODE
BY AMENDING SECTION 5.28.050; AND TO AMEND SECTION 5.28.040
la) TO INCREASE THE ANNUAL FRANCHISE FEE TO FIVE PERCENT
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6 The City Council of the City of Carlsbad, California does ordain as follows:
7 Section 1: That Title 5, Chapter 5.28, Section 5.28.040 of the Carlsbad Municipal
a is amended by the amendment of Subsection (a) to read as follows:
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(a) In consideration of the granting and exercise of a non-exclusive franchise to
use the streets, as herein defined, for the operation of a cable television system,
any grantee shall pay to the City during the life of the franchise, in the manner and
at times directed in a Council Resolution, a franchise fee of five percent of its
gross annual revenues.
Section 2: That Title 5, Chapter 5.28, Section 5.28.050 of the Carlsbad Municipal
is amended by the amendment of Subsection (a) to read as follows: 14
15 (a) Franchises may be granted by the Council under this Chapter for terms up to
fifteen years with extensions to franchisee up to ten years.
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(i) Upon written notice given by the City, or the grantee, to the other not less than
one year prior to the end of the initial franchise term, or any extension thereof, the
terms and conditions of such franchise may be subject to renegotiation for
additional terms up to ten years. Renegotiation shall be directed toward effecting
alteration of the terms and conditions of the franchise to reflect those technical
and economic changes which have occurred during the initial franchise period,
or any extension thereof. If such renegotiation does not result in the granting of
an additional franchise term by the City, the franchise shall terminate without
further action by the City at the end of the initial fifteen-year franchise term, or any
extension thereof. Prior to making a decision to approve or disapprove an
extension of a franchise, the Council shall hold a noticed public hearing on the
question.
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EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; i
City Clerk shall certify to the adoption of this ordinance and cause it to be published i
once in the "Carlsbad Sun" within fifteen days after its adoption.
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1 INTRODUCED AND FIRST READ at a meeting of the Carlsbad City Council held
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PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbac 3
18th day Of JANUARY , 1994 and thereafter.
4 regular meeting held on the 25th day of JANUARY , 1994, by the following vote,
5 AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Fin
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NOES: None
ABSENT: None
9 11 ATEST:
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ALETHA L. RAUTENKRANZ, City Clerk '
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