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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. Q <CO -O u.C O_ IE 1 2 3 4 5 6 7 8 9 10 11 12 CO 1*78 13 CMO) | 14 § 15 a- 16 s! 17 18 19 20 21 22 23 24 25 26 27 28 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", • 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 ^ 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 2 3 4 5 6 7 8 9 10 11 12Q | § 13 tf?s| 14i°s|°£>£ -icCD — ^ — J.OU -^ -J-: §5£ £ 8 D 16UJ H CN rfo °c *~ m It ^ 17 £ ° I8 19 20 21 22 23 24 25 26 27 28 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 2. mVI 0 "- DQ o 3 as 3OC O 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. o<coVI sg 1> I- <r< <>- ° 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 4. oil >- _) oc5 3 4 5 6 7 8 9 10 11 12 13 14 7T —. J-5 16 17 18 19 20 21 22 23 24 25 26 27 28 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 v Carlsbad City Council held on the 4th day of October > 1977 and thereafter. 5. ^5 O u.o o o £fc4Z. __Uj Z H O O 1 2 3 4 5 6 7 8 9 10 11 12 00 -I 18 13 CMO) | 14 if i5 80- 16tM <£ 1 17 18 19 20 21 22 23 24 25 26 27 28 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 .- • . . o COV) °°_J 0 •r 5 °S; < o> Ou- ^ 5 i°l«0 > > 0s H < ""03 0 5 Juj . 5 <UJ 0 z ^ 8 Qw S " < sp^i> 1- EC > O t- 0 • 1 2 3 4 5 6 7 8 9 10 11 12 13 1|1 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. * . Q mCO g < Cl O 2 Z 5^§ATTORNEY -1200 ELIARLSBAD, CA1- O 1 2 i 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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) 2. • Q CO«3 § «:5 °"- < Cl<d u. i" — °° ig° t >£m 0 5 Du: • 5 <^ LU O zg 8 Q-!§2i > < >- ° o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. Q<CO O " tu < i?s|o c > 5 O 5 3 IL . 5< v_ '" >J 2 .— o OUJ 2 CM <O ic •" co 2 P CO >• o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 •'24, i * 25 26 27 28 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: $8.00. PASSED, APPROVED AND ADOPTED at a regular meeting, of the Carlsbad City Council held on the 4th day of October / 1977 by the following vote, to wit: AYES: NOES: ABSENT: None Councilmen Frazee, Lewis, Packard, Skotnicki and CounciIwoman Casler None ROBERT C. FRAZEE, May ATTEST: /yx^> MARGARET E. ADAMS, City Clerk (SEAL) 2. • D COV)_J *•£.~> O o o § ^ . ID 5 t < LL ' -J >- 11J LLj ^ CJ ScT > P H 0 - 008CMO> < trO U-"^j 5 D< CQCfl_tcc 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 5222 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, FIXING THE MANNER AND TIME FOR THE PAYMENT OF CABLE TELEVISION FRANCHISE FEES IN THE CITY OF CARLSBAD PURSUANT TO SECTION 5.28.040 OF THE CARLSBAD MUNICIPAL CODE. WHEREAS, the City Council has awarded franchises for cable television service in the City of Carlsbad; and WHEREAS, Section 5.28.040 of the Carlsbad Municipal Code requires the franchisee to pay to the City a franchise fee of three percent of gross annual revenues in the manner and at the times directed by Council resolution; and WHEREAS, pursuant to said section the Council now desires to fix the time and manner of said payment; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the above recitations are true and correct. 2. Pursuant to Section 5.28,040 of the Carlsbad Municipal Code, the City Council hereby directs that cable television franchise fees be paid in the manner and at the times as follows: A. Each Grantee shall, on or before the last day of the month following the end of calendar quarter, transmit the above-mentioned franchise fee to the Treasurer, City of Carlsbad, 1200 Elm Avenue, Carlsbad, California 92008. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 4th day of October , 1977 by the following vote, to wit: ' D § g of 5 ° ^0 < °" ^ D 2 = o|l "• J LU O z £ 8 oLU Z CN <£O K — (2Z O co$ h- J> 1- tc 1- 0 1 2 3 4 5 6 7 ,8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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) • i 2.