HomeMy Public PortalAbout78-440 ORDINANCE NO. 78-440
AN ORDINANCE OF THE CITY OF CARSON
RELATING TO CATV SYS'T'EM FRANCHISES
AND AMENDING THE CARSON MUNICIPAL
CODE
THE CITY COUNCIL OF' THE CITY OF CARSON DOES ORDAIN AS FOLLOWS :
' Section 1. Section 6603 of Chapter 6, Article VI
of the Carson Municipal Code is amended to read as follows :
Section 6603. Uses Permitted by Grantee. Any fran-
chise granted pursuant to the provisions of this chapter
shall authorize and permit the grantee to engage in the
business of operating and providing a CATV system in the
City, and for that purpose to erect, install, construct,
repair, replace, reconstruct, maintain and retain, in,-
on, over, under., upon, across and along any public street,
such poles, wires, cable, conductors, ducts, conduit.,
vaults, manholes, amplifiers, appliances, attachments and
other property as may be necessary and appurtenant to the
CATV system; and in addition, so to use, operate and pro-
vide similar facilities or properties rented or leased
from other persons, firms or corporations, including but
not limited to any public utility or other grantee fran-
chised or permitted to do business in the City.
The grantee may make a charge to subscribers for in-
stallation or connection to its CATV system and a fixed
monthly charge for basic monthly services as filed and
approved as herein provided Filing and approval of rates
is not required for charges made for "pay television"
' services. No increase in the rates and charges to sub-
scribers for basic monthly services, as set forth in the
schedule filed and approved with grantee' s application,
may be made without the prior approval of the Council
expressed by resolution.
Section 2. Section 6605 of Chapter 6 , Article VI
of the Carson Municipal Code is amended to read as follows :
Section 6605_ Franchise Payments. Any grantee
granted a franchise under this chapter shall pay to the
City, during the life of such franchise, a percentage of
the gross annual receipts of the grantee to be established
by the franchise ordinance; provided, however, that such
percentage shall not exceed that allowed by regulations
of the Federal Communications Commission at the time the
franchise ordinance is adopted. Such payment by the
grantee to the City shall be made annually, or as other-
wise provided in the grantee' s franchise, by delivery of
the same to the City Clerk.
The grantee shall file with the City, within thirty
(30) days after the expiration of any calendar year or
Portion thereof during which such franchise is in force,
a financial statement prepared by a_,certified public accoun-
t tant, or person otherwise satisfactory to the Council,
showing -in detail the gross annual receipts, as defined
herein, of grantee during the preceding calendar year or
portion thereof. It shall be the duty of the grantee to
pay to the City, within fifteen, (15) days after the time
for filing such statements, the sum hereinabove pre-
scribed or any unpaid balance thereof for the calendar
year or portion thereof covered by such statements .
In any year, or portion thereof, following the first
full year service has been provided and during which pay-
ments under this section amount to less than Twelve Hundred
Dollars ($1200) per year, grantee shall pay the City as a
minimum an amount equal to Twelve Hundred Dollars (11200)
' per year so long as that amount does not exceed the fran-
chise fees permissable under the regulations of the Federal
Communications .Commission.
The City shall have the right to inspect the grantee ' s
records showing the gross receipts from which its franchise
payments are computed and the right of audit and recompu-
tation of any and all amounts paid under this chapter. No
acceptance of any payment shall be construed as a release
or as an accord and satisfaction of any claim the City may
have for further or additional sums payable under this
chapter or for the performance of any other obligation
hereunder.
In the event of any holding over after expiration or
other termination of any franchise granted hereunder, with-
out the consent of the City, the grantee shall pay to the
City reasonable compensation and damages, of not less than
one hundred percent (100%) of its total gross profits during
said period.
PASSED, APPROVED AND ADOPTED this 29th day of
June 1978 .
r
Y R j
ATTEST:
V
c
CI Y ClsERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON )
I , Helen S. Kawagoe, City Clerk of the City of Carson, California, do hereby
certify that the whole number of members of the City Council of said City is five;
that the foregoing ordinance, being Ordinance No. 78-440, passed first reading on
June 5, 1978, was duly and regularly adopted by the City Council of said City at a
adjourned regular meeting, of said Council , duly held on the 29th day of June,
1978, and that the same was passed and adopted by the following roll call vote:
' AYES: Council Members: Bridgers, Marbut, Calas and Yamamoto
NOES: Council Members: None
ABSENT: Council Members: Smith
(A&- � (*AAA26 -064
City Clerk, City of C rson, California