HomeMy WebLinkAboutCarlsbad Cablevision; 1982-02-08;-
AGREEMENT
AN AGREEMENT by Carlsbad Cablevision, A Limited
Partnership and La Costa Community Antenna System, Inc.
("Operators") and the City of Carlsbad, A Municipal Corporation
("City") for community based CATV programming.
RECITALS
WHEREAS, Operators in a memorandum dated February 8,
1982 offered to pay 1% of their basic cable service revenues to
a non profit foundation to provide community based CATV
programing provided City acted favorably on a rate deregulation
ordinance; and
WHEREAS, the City at a public meeting held March 23,
1982, by motion duly made and seconded directed preparation of an
ordinance amending the Carlsbad Municipal Code where by the
Operators rates and charges to subscribers for basic service of
delivery of CATV signals would be deregulated; and
WHEREAS, one of the considerations for the action by
City was the offer by the Operators; and
WHEREAS, the City has requested that Operators confirm
its commitment to form the Foundation and participate
(financially and otherwise) therein by making this Agreement;
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NOW, THEREFORE, Operators agree as follows:
1. That all of the above recitals are true and shall be
a part of this Agreement.
2. That each Operator hereby agrees to pay to the
Foundation one percent of Operator's annual gross revenues
derived from its basic cable television service within the City
of Carlsbad, such amounts to be paid quarterly commencing
September, 1982.
3. Operators will take all steps necessary to establish
a "Carlsbad Foundation for Community Access Television". The
Foundation will be governed by a board of trustees approved by
the City Council.
4. The Foundation shall be structured so as to permit
funds to be received from any legitimate source for the
propagation of community access programing in Carlsbad
5. Operators agree to pay the Foundation one percent of
Grantee's annual gross revenues derived from its basic cable
television service within the City of Carlsbad received from and
after June 1, 1982. Payments will be made quarterly with the
first payment due on September, 1982. Any payments due prior to
formation of the Foundation shall be placed in an interest
bearing trust account by Operators to be held for and paid over
to the Foundation when it is formed.
6. Operators shall submit the bylaws and operating
rules of the Foundation to the City Council for approval.
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7. The Foundation shall be organized and maintained in
form and substance reasonably satisfactory to the City and the
Operators.
8. Either Operator may elect to cancel their
participation in this agreement and terminate its obligation to
pay a percentage of its revenues from basic cable television
service to the foundation in the event the City rescinds or
terminates the right of Operator to place into effect rate
increases under the provisions of Section 5.28.175 of Title 5,
Chapter 5.28 of the Carlsbad Municipal Code.
DATE: APR\L 21 , 1982
Carlsbad Cablevision, A Limited Partnership By: Second IR-Daniels
City Attorney
La Costa Community Antenna System, Inc.
City of Carlsbad
1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008
Office of the City Clerk
Citp of Carl&b
April 22, 1982
La Costa Community Antenna System 7628 El Camino Real Carlsbad, CA 92008
The Carlsbad City Council, at its meeting of April 20, 1982, adopted Resolution No. 6841, approving an agreement with your company for community based CATV programming.
Enclosed for your records and information is a copy of the above referenced agreement.
If you have any questions regarding this matter, please do not hesitate to contact this office.
City Clerk
TELEPHONE:
(714) 4386535
ALR:krs
Enclosure
h
1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008
Office of the City Clerk
TELEPHONE: (714) 438-5535
ditp of QCarIsrbab
April 22, 1982
Carlsbad Cablevision 5720 El Camino Real Carlsbad, CA 92008
The Carlsbad City Council, at its meeting of April 20, 1982, adopted Resolution No. 6841, approving an agreement with your company for community based CATV programming.,
Enclosed for your records and information is a copy of the above referenced agreement.
If you have any questions regarding this matter, please do not hesitate to contact this office.
ALETHA L. RAUTENKMNZ City Clerk
ALR:krs
Enclosure