HomeMy WebLinkAbout1977-10-04; City Council; 5207-1; Granting of Cable Television Franchisesf/O 1CITY OF CARLSBAD Vj ^x
AGENDA BILL NO. 5207, Supplement No. 1 • Initial:
„ s_ , . TO-,-, Dept.Hd.October 4, 1977 ^
: G.
DEPARTMENT: Administration C. Mgr.
Subiect: ' •GRANTING OF CABLE TELEVISION FRANCHISES
Statement of the Matter
On September 22, 1977, the City Council adopted Resolution 5211
declaring its intention to award cable television franchises
and setting a public hearing date for that action.
The documents necessary for the City Council to implement the
intended action are attached.
Exhibit
Resolution No. £"gLJL& which establishes maximum cable
television service rates for Daniels Properties, Inc.
Resolution No. S^^L/ _ which establishes maximum cable
television service rates for La Costa Community Antenna System, Inc.
Resolution No. 5*& tAs which prescribes the schedule for
payment of franchise fees.
Ordinance No. lAt>.'?& which is a franchising ordinance
awarding cable television franchises to Daniels Properties, Inc.
and La Costa Community Antenna System.
Recommendation
Following the public hearing, if Council concurs with staff
recommendations, the following sequence of action is required:
1. Consider adoption of Resolution No.^£^*2^_ which establishes
maximum cable television service rates for Daniels Properties, Inc,
2. Consider adoption of Resolution No . tfgt, <2- / which establishes
maximum cable television service rates for La Costa Community
Antenna System, Inc.
3. Consider adoption of Resolution No.^-& ^^L which prescribes
schedule and method of franchise fee payments.
4. Introduce Ordinance No. L & 5"tf which grants franchise for
a cable television system to Daniels Properties, Inc. and
La Costa Community Antenna System, Inc.
AGENDA BILL NO. 5207 - Supplement #1 -2- October 4, 1977
10-4-77 Following the public hearing the following action was taken
by the City Council :
Resolution #5220 was adopted, establishing maximum cable
television service rates for Daniels Properties, Inc.
Resolution #5221 was adopted, establishing maximum cable
television service rates for La Costa Community Antenna
System, Inc.
Resolution #5222 was adopted, fixing the manner and time for
the payment of Cable Television Franchise Fees.
Introduction of Ordinance #6058, granting franchise for a
Cable Television System to Daniels Properties, Inc. and
La Costa Community Antenna System, Inc.
10-18-77 Council adopted Ordinance #6058.
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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 authority
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",
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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 Costa Community 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
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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
in accordance with the agreement between the City and
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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" annexation
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
a
"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 Compliance from the Federal Communication
Commission as particularly described and delineated on the map
marked Exhibit "B:, attached hereto and made a part hereof. In
that the areas delineated on Exhibit "B" constitute the majority
of the developed and populated 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
franchise whenever any one of the following three conditions are
found to exist: „
1. Grantees shall extend service to all areas where a density
equal to a greater than forty dwelling units per mile of
cable plant exists and where utility or service trenchs
are open and available to the Grantees, Cable plant mile
shall be measured from the juncture of the extended cable
and the cable trunk. Such service to be extended not
later than six months of the date said area met the
requirements.
2. Grantees shall extend service to all areas where a density
equal to or greater than twenty but less than forty
dwelling units per mile of cable plant mile exists and
where utility or service trenchs are open and available
to the Grantees and where a minimum of twenty dwelling
r-
units agree to subscribe to the basic service. Cable
plant mile to be measured from the juncture of the
extended cable and the cable trunk. Such service to be
extended not later than six months of the date said area
met the requirements.
3.
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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. 5220 an(3-
Resolution No. 5221 and no increase therein may be made without
prior approval of the City Council expressed by resolution adopted
pursuant to said section.
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. Suchf
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 franchisee!
shall be used and operated solely and exclusively for the purpose
expressly authorized by ordinance of the City of Carlsbad and no
other purpose whatsoever.
SECTION 9: All provisions of Chapter 5.28 of the Carlsbad
Municipal 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
5.23,090, 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
once in the Carlsbad Journal within fifteen days after its'
adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
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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 ] 8th daY of Ortnhpr / 1977, by the following
vote, to wit:
AYES: Councilmen Frazee, Lewis, Packard and Skotnicki
NOES: None
ABSENT: Councilwoman Casler
ATTEST :
ROBERT C. FRAZEE /' Mayoj
MARGARET E~ ADAMS, City Clerk
(SEAL)
.-. La C.63ta Community
Antenna System Service
-area: • •
2.' Seaport Development
temporari-Iy serve.cl by
La Costa Community_
.Antenna Sjystem by agree
ment with Daniel's
Pr~opert3.es; Inc.
3. Spinnaker Hills Devc
opment temporarily
served by La Costa
Community Antenna
System by agreement wit
Daniel's Properties,Inc
4. Balance of City
served by Daniel-1 s
Properties, Inc.
KXIITP.TT TO ORDINANCE
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RESOLUTION NO. 5220
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, FIXING RATES
AND CHARGES FOR CABLE TELEVISION SERVICE
IN THAT PORTION OF THE CITY OF CARLSBAD TO
BE SERVED BY DANIELS PROPERTIES, INC.
PURSUANT TO SECTION 5.28.170 OF THE CARLSBAD
MUNICIPAL CODE.
WHEREAS, in accordance with the procedures of Chapter 5.28
of the Carlsbad Municipal Code, the City Council held a public
hearing on October 4, 1977 to consider the award of franchises
for cable television service in the City of Carlsbad; and
WHEREAS, at the conclusion of said public hearing, the
City Council determined to award a franchise to Daniels Properties,
Inc.; and
WHEREAS, pursuant to Municipal Code Section 5.28.170, the
City Council also considered at said hearing the rates and charges
to be allowable to the franchisee for cable television, service; and
WHEREAS, the City Council now desires to establish said rates
and charges;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad as follows:
1. That the above recitations are true and correct.
2. Pursuant to Section 5.28.170 of the Carlsbad Municipal
Code, the City Council, of the City of Carlsbad, hereby establishes
and fixes the rates and charges for cable television service to be
allowed to Daniels Properties, Inc. as follows:
a. Basic service: maximum of $7.50/month, plus $1.00
converter rental.
b. Additional outlet; maximum of .$1.75/month, plus
$1.00 converter rental.
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5^§ATTORNEY -1200 ELIARLSBAD, CA1-
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c. FM service: maximum $1.75/month.
d. Installation fee: maximum of $15.00 for primary
outlet and $6.00 for additional outlets, which may
be waived by operator.
e. Reconnection or relocation: $10.00.
f. Converter deposit: maximum of $20.00, which may be
waived by operator.
g. Bulk rate (minimum of 5 units) : maximum 80% of
individual rates when all units are connected and a
single billing is made.
h. Hotels and Motels: maximum of 60% of individual
service rates when all units are connected and a
single billing is made.
i. Transfer of service; $8.00.
PASSED, APPROVED AND ADOPTED at a regular meeting, of the
Carlsbad City Council held on the 4th day of October , 1977
by the following vote, to wit:
AYES: Councilmen Frazee, Lewis, Packard, Skotnicki and
Council woman Casler ,
NOES: None
ABSENT: None \/ ) /) S
ac^A^r* 7s* -*A- O~ft-4^f (_^ ^^^^
ROBERT C. FRAZEE, Mayc*r"^
ATTEST :
S^7 A ' ^f> S//
m^GA#ET E. ADAMS/ City Clerk
(SEAL)
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RESOLUTION NO.5221
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, FIXING RATES
AND CHARGES FOR CABLE TELEVISION SERVICE
IN THAT PORTION OF THE CITY OF CARLSBAD TO
BE SERVED BY LA COSTA COMMUNITY ANTENNA
SYSTEM, INC. PURSUANT TO SECTION 5.28.170
OF THE CARLSBAD MUNICIPAL CODE.
WHEREAS, in accordance with the procedures of Chapter 5.28
of the Carlsbad Municipal Code, the City Council held a public
hearing on October 4, 1977 to consider the award of franchises
for cable television service in the City of Carlsbad; and
WHEREAS, at the conclusion of said public hearing, the
City Council determined to award a franchise to La Costa Community
Antenna System, Inc.; and
WHEREAS, pursuant to Municipal Code Section 5.28.170, the City
Council also considered at said hearing the rates and charges
to be allowable to the franchisee for cable television service; and
WHEREAS, the^City Council now desires to establish said rates
and charges;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad as follows:
1. That the above recitations are true and correct.
2. Pursuant to Section 5.28.170 of the Carlsbad Municipal
Code, the City Council of the City of Carlsbad hereby establishes
and fixes the rates and charges for cable television service to be
allowed to La Costa Community Antenna System, Inc. as follows:
a. Basic service: maximum of $7.50/month, plus $1.00
converter rental.
b. Additional outlet: maximum of $1.75/month, plus
$1.00 converter rental.
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c. FM Service: maximum $1.75/month. ,
d. Installation fee: maximum of $15.00 for primary
outlet and $6.00 for additional outlets, which may
be waived by operator.
e. Reconnection or relocation: $10.00.
f. Converter deposit: maximum of $20.00, which may be
waived by operator.
g. Bulk rate (minimum of 5 units): maximum 80% of
individual rates when all units are connected and a
single billing is made.
h. Hotels and Motels: maximum of 60% of individual
service rates when all units are connected and a
single billing is made,
i. Transfer of service: $8.00.
PASSED, APPROVED AND ADOPTED at a regular meeting, of the
Carlsbad City Council held on the 4th day of October /
1977 by the following vote, to wit:
AYES:
NOES:
ABSENT: None
Councilmen Frazee, Lewis, Packard, Skotnicki and
CounciIwoman Casler
None
ROBERT C. FRAZEE, May
ATTEST:
/yx^>
MARGARET E. ADAMS, City Clerk
(SEAL)
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RESOLUTION NO. 5222
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, FIXING THE
MANNER AND TIME FOR THE PAYMENT OF CABLE
TELEVISION FRANCHISE FEES IN THE CITY OF
CARLSBAD PURSUANT TO SECTION 5.28.040 OF
THE CARLSBAD MUNICIPAL CODE.
WHEREAS, the City Council has awarded franchises for cable
television service in the City of Carlsbad; and
WHEREAS, Section 5.28.040 of the Carlsbad Municipal Code
requires the franchisee to pay to the City a franchise fee of
three percent of gross annual revenues in the manner and at the
times directed by Council resolution; and
WHEREAS, pursuant to said section the Council now desires
to fix the time and manner of said payment;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad as follows:
1. That the above recitations are true and correct.
2. Pursuant to Section 5.28,040 of the Carlsbad Municipal
Code, the City Council hereby directs that cable television
franchise fees be paid in the manner and at the times as follows:
A. Each Grantee shall, on or before the last day
of the month following the end of calendar quarter,
transmit the above-mentioned franchise fee to the
Treasurer, City of Carlsbad, 1200 Elm Avenue,
Carlsbad, California 92008.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 4th day of October , 1977
by the following vote, to wit:
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AYES: Councilman Frazee, Lewis, Packard, Skotnicki andCouncilwoman Casler
NOES: None
ABSENT: None V/ / A J
lkjyv~te^^3^<&^6e
ROBERT C. FRAZEE, May^r
ATTEST:
!^2^^^ y^^^j
I^A^GA^T E. ADAMS, feity -Clerk
(SEAL)
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