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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