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HomeMy WebLinkAbout1977-09-22; City Council; Resolution 52111 2 3 4 5 6 7 8 9 IO II 12 n d >o V k 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO 527 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING THAT THE CITY COUNCIL INTENDS, AT A PUBLIC HEARING, TO CONSIDER GRANTING CABLE TELEVISION FRANCHISES YOR THE CONSTRUCTION, OPERATION AND P'IAINTENANCE OF CABLE TELEVISION SYSTEMS IN THE CITY OF CARLSBAD APJD TO FIX THE .RATES AND CHARGES THEREFOR. WHEREAS, in accordance with Chapter 5.28 of the Carlsbad Municipal Code, the City Council has received applications for non- exclusive franchises to construct, operate and maintain cable television systems within the City of Carlsbad; and WHEREAS, the City Council has determined, after review and evaluation of said applications, to consider the granting of said franchises; and WHEREAS, Section 5.28.080(i) (2) of the Carlsbad Nunicipal Code requires that the City Council adopt a Resolution of Intentioi to consider the granting of cable television franchises; 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. That the City Council hereby declares that the Council intends to consider the granting of nonexclusive cable television franchises to: a. La Costa Community Antenna System, Incorporated. b. Daniels Properties, Incorporated. 3. That the terms and conditions of the proposed franchises are as provided by Chapter 5.28 of the Carlsbad Municipal Code and as contained in the draft franchise ordinance, marked Exhibit "A", attached hereto and made a part hereof, Copies of this resolution and the proposed franchise ordinances are availablt in the office of the City Clerk of the City of Carlsbad. 4. That a public hearing to consider the granting of cable television franchises, as described in this resolution, shall be held on October 4, 1977, at 7:OO P*?!*, or as soon thereafter as the matter may be heard at the regular meethg of the Carlsbad City Council in the City Council Chambers, City Hall, 1200 Elm Avenue, Carlsbad, California. Any individual having any interest in this matter,or objecting to the granting of said franchises, may file a written protest or appear before the City Council and be heard at said public hearing. 5. That at said hearing the City Council also intends to consfder the adoption of resolutions establishing and fixing all rates and charges for basic cable television services as follows: a, Basic service: maximum of $7,5Q/month, plus $1,00 converter rental. b. Additional outlet: maximum of $1.75/month, plus $1.00 converter rental. c. FM service: maximum $1.75/month. d. Installation fee: maximum of $15,0O 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. 2. 1 2 3 4 5 6 7 8 9 10 11 12 2 13 13 FS Ouws 14 00=z z fa o>.s~ 15 mG -I ri I 3a Gkgc; 16 gfq 17 ze y aa E 0 18 19 20 21 22 23 24 25 26 27 28 0 *E (v wv >+ CT 0 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. 6. The City Clerk is hereby directed to publish this resolution at least once within ten days of its passage in a newspaper of general circulation in the City of Carlsbad, an adjourned PASSED, APPROVED AND ADOPTED at / regular meeting of the Carlsbad City Council held on the22nd day of SeDtember , 1977 by the following voteI to wit: AYES : Councilmen Frazee, Lewis, Packard, Skotnicki and NOES : None Councilwoman Casler ATTEST : (SEAL) 3. .~ BERT C. FRAZEE, Ma 0 RESOLUTION NO: xzL - ~ ORDINANCE NO 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 condition: 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. 60551, franchises to construct, operate and maintaii cable television systems withi- t5s 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 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 .*I .- I. 2 3 4 5 .6 .7 E s 1c 13 12 a Q 2: 21 2! 2; 2' 21 2. 3. 4. 5, 6. 0 0 '. accordance with the agreement between the City and La Costa Community Antenna System, Inc., dated July 25, 1972. The "Ponderosa Development", lying to the south of and contiguous to the "La Costa" annexation described above. The "Northeast Annexation", ' lying northeast of and contiguous to-the "La Costa" annexation described above. The "Weigand and Others Development" , lying south and contiguous to the "La Costa" annexation described above. "*La Costa\North", lying north of and contiguous to the I'La Costa" annexation described above, 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 , attached hereto and made a part hereof. 11 A 11 It is understood that those areasknown as the ''%eaport Development" and the "Spinnaker Hills Development" may be temporarily served by La Costa Community Antenna Systemf Inc. pursuant to an agreement with Daniels Properties, Inc. agreement shall contain the terms of Such temporary service and tl: per unitacquis3tioncosts which will prevailat the time of transfe of service to Daniels Properties, Inc, such agreement must be filed with the City Clerk and shall not be Such Further, a copy of any effective until approved by the City Council. SECTION 3: Grantees shall provide service to all of their 2. e 0 respective service areas within four years of the effective date of this franchise. Grantees shall provide service to a minimum of twenty-five percent of their respective service areas within ,one year of the effective date of this franchise and shall. extend service to an additional twenty-five percent of their respective services during each of the'following three years. Grantees shall be deemed to have provided service in satis- faction of the requirements of this section if they have reached (1) all dwelling units where density is equal to or greater than forty dwe1lin.g units per mile of cable plant and where said units' are within one fourth mile of a trunk cable, or (2) all dwelling unitswheredensity is equal to or greater than twenty dwelling units per mile ofcable5,where said dwelling units are within one fourth mile of a trunk cable and where there is an agreement for twenty or more subscriptions to the service. After four years from the effective date of this franchise, Grantees shall extend service to any area meeting requirements (1) or (2) above within .six months of the date said area met the requirements. 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. and Resolution No. and no increase therein may be made 3. I 4. >. . c 1 2 3 4 5 6 7 8 9 10 11 19 ' 20 ' 21 22 23 24 25 26 27 28 a 0- tithout prior approval of the City Council expressed by resolution idopted pursuant to said section. SECTION 5: The Granteees shall transmit'over the system the . following channels subject to Federal Communication Commission 2pproval: Channel 6, XETV; Channel 8, KFMB; Channel 10, KOGO; Zhannel 15, KPBS; Channel 39, KCST; Channel 2, KNXT;Channel 7, KABC; 2hannel 9, KHJ; Channel 22, KWHY and Channel 52, KBSC; Channel 4; CNBC; Channel 5, KTLA, Channel 11, KTTV; Channel 13, KCOP; Channel 28, KCET; Channel 58, KLCS and Channel 50, KOCE. SECTION 6: Grantees shall provide for transmission by cable a ninimum of fifteen frequency nodulated radio signals received off the air. SECTION 7: Grantees shall provide cha.nnel carriage for Instructional Television Fixed Service on frequencies specified. for such carriage by the Federal Communications Comniscb- ,ion. channel carriage to be limited to point to point transmissions all additional equipment or plant facilities necessary for origination from and distribution within educational facilities will be Such provided by the school district receiving the service. SECTION 8: The cable television system herein franchised 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. 6059 ) 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 4. franchises hereby granted shall not become effective unless and until Grantees file written acceptance thereof and an agreement to Se 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 5.28.090, 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 Carlsbad City Council held on the day of , 1977 and thereafter. PASSED AND ADOPTED at a.regular meeting of said City Council held on the day of , 1977 by the following vote, to wit: AYES : NOES : ABSENT : ROBERT C. FRAZEE, Mayor ATTEST: MARGARET E. ADAMS, City Clerk (SEAL) 5.