HomeMy WebLinkAbout1994-01-25; City Council; 12564; Extending Franchise Of Daniels Cablevision.a
: I-TY OF CARLSBAD - AGE’ --IA BILL
ADOFTION OF ORJXNANCE NO. NS-268 - DEPT. HD.+-
EXTENDING THE FRANCHISE OF CITY AITY
DANIELS CABLEVISION CITY MGR.
RECOMMENDED ACTION:
Adopt Ordinance No. NS-268, amending Title 5 of the Carlsbad Municipal Code to
extend the franchise term of Daniels Cablevision from November 19,1996 to November
19, 2006, and to increase the franchise fee from 3% to 5%.
ITEM EXPLJU’JATION
Ordinance No. NS-268 was introduced at the regular City Council meeting of January
18,1994. The second reading allows Council to adopt the ordinance which would then
become effective in thirty days. The City Clerk will have the ordinance published
within fifteen days, if adopted.
I FISCAL IMPACT
See Agenda Bill No. 12,558 on file with the City Clerk.
1. Ordinance No. NS-268.
ORDINANCE NO. NS-268
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA AMENDING TITLE 5 OF THE CARLSBAD MUNICIPAL CODE
BY AMENDING SECTION 528.050; AND TO AMEND SECTION 528.040
Ia) 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 Code
8 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 Code
is amended by the amendment of Subsection (a) to read as follows:
(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.
(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,.
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 Sun” within fifteen days after its adoption.
/Illi Illll
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INTRODUCED AND FIRST READ at a meeting of the Carlsbad City Council held on the
18th day of JANUARY , 1994 and thereafter.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad at its
regular meeting held on the 25th day of JANUARY , 1994, by the following vote, to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila
NOES: None
ABSENT: None
Al-l-EST:
ALETHA L. RAUTEN
(SEAL)