HomeMy Public PortalAboutOrdinance 5511
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ORDINANCE NO. 551
AN ORDINANCE OF THE CITY OF BEAUMONT, CALIFORNIA
GRANTING A NON EXCLUSIVE FRANCHISE TO
BEAUMONT CABLEVISION
TO CONSTRUCT, OPERATE, AND MAINTAIN A COMMUNITY
ANTENNA TELEVISION SYSTEM WITHIN THE CITY OF
BEAUMONT IN ACCORDANCE WITH ORDINANCE NO. 529
SUBJECT TO THE TERMS AND CONDITIONS SET FORTH HEREIN
THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES ORDAIN AS
FOLLOWS:
SECTION 1: This franchise is granted pursuant to the authorit
provided in Ordinance No. 529 entitled "An Ordinance of the City of
Beaumont, California Establishing a Procedure for the Granting of
Franchises for Cable Television Systems", passed and adopted on the
22nd day of October 1981, a full and complete copy of which is on
file in the Office of the City Clerk.
SECTION 2: On December 16, 1981 Beaumont
CableVision , filed with the City Clerk, pursuant to
Section 6 of Ordinance 529, an application for a non-exclusive
franchise to construct, operate and maintain a community antenna
television system in the City of Beaumont. Full and complete copie
of said application are on file in the Office of the City Clerk.
After considering said application by the City Council, it appears
that BEAUMONT CABLEVISION is qualified
to render proper and efficient CATV services to television viewers
and subscribers in the City of Beaumont.
SECTION 3: Pursuant to the provision of Ordinance 529, a
franchise is hereby granted to BEAUMONT CABLEVISION
, to construct, operate and maintain a CATV syste
within the City of Beaumont at the time of the commencement of the
terms of the franchise granted herein and any enlargement of said
franchise area occurring by the appropriate action by the City
Council, for a term of fifteen (15) years from the acceptance of th
franchise by the grantee. Said franchise is hereby granted with al
of the rights and privileges and subject to each and all of the ter
and conditions of Ordinance 529, the applications and the terms and
conditions of the Ordinance. Ordinance 529 and the applications an
all the terms set 'forth are hereby incorporated herein and made a
part hereof by reference.
SECTION 4: Pursuant to the provisions of Ordinance 529, the
following rates and charges are hereby approved. The City Council
shall have the authority to retain jurisdiction and the authority
to amend, reduce and/or increase the rates and charges, at all time
during the length of the franchise. The rates primarily and prelim
inarily approved are as follows:
Installation Charges
1. Residential, including mobile homes and apartments of 4 or
less units, per unit:
A. When installed within 30 days of area cabling, primary
TV outlet normal installation:
Aerial or underground 175 feet or less $ FREE
Aerial or underground over 175 feet $ FREE
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B. When installed at all other times, Primary TV outlet,
normal installation:
Aerial or underground 175 feet or less $ 19.95
Aerial or underground over 175 feet $ 19.95
2. Additional TV outlets residential, including mobile homes
and apartments or 4 or less units, per unit:
A. When installed at the same time as primary,
each $ 10.00
B. When installed at different times, each
. . $ 19.95
3. Hotels, motels and 5 unit or more apartments:
Primary TV outlet, normal installation, per
unit $ 19.95
4. Additional TV outlets, hotels, motels and 5 units or more
apartments:
A. If installed at same time as primary additional
TV outlets, each $ 10.00
B. When installed at different time as primary . $ 19.95
5. FM Radio:
A. One outlet installed at same time as primary or
additional outlet $ 10.00
B. One outlet installed at different time $ 19.95
C. Additional FMRadio outlets, each installed at
same time as first outlet $ 10.00
6. Monthly Service Charges:
1. Life Line or Basic Service, 36 Channels $ 9.00
2. Additional TV outlets $ 3.50
3. Converter for each TV outlet $ --
4. FMRadio Outlet, each with TV service $ 2.00
5. FM Radio Outlet, each without TV service . . . $ 9.00
6. Hotels and Motels, per unit:
A. Primary television outlet, each $ 9.00
B. 2-15 outlets, each $ 3.50
C. 16 and above outlets $ 3.50
7. Other Charges:
A. Relocating any existing TV and/or FM Radio
outlet $ 19.95
B. Connecting of new customer to existing TV
service including existing FM radio or
outlets $ 19.95
C. Connecting of new customer to existing FM
radio outlet or outlets (no service) . . . $ 19.95
D. Disconnection of TV and/or FM radio service. $
E. Non -pay reconnect, either TV or FM radio
service $ 19.95
F. Returned check $ 10.00
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Grantee shall charge CATV subscribers rates and charges in accordancE
with the foregoing schedule and no increase therein may be made wit
out the prior approval of the City Council expressed by resolution.
SECTION 5: The City Council in Section 1 of Ordinance 529 doe
hereby define "Gross Revenue" and "Special Service Area" as
follows:
"Gross Revenue" shall mean any and all compensation and other
consideration in any form whatever and any contribution, grant or
subsidy received directly or indirectly by a grantee from (1) sub-
scribers or users in payment for television or FM radio signals,
reception, or service received within the City, including installa
tion and line extension charges; (2) any fees or income received by
grantee for carrying advertising or commercial messages over the
CATV facilities; and (3) from any other person or utilization of, o
connection to, the property of grantee to the extent City may from
time to time legally impose a franchise payment on account thereof.
Notwithstanding the above, Gross Annual Receipts shall not include
any taxes on services furnished by the grantee and imposed directly
on any subscriber or user by any City, State or other governmental
unit.
"Special Service Area" shall mean an area(s) of the City
designated by the Council, if it so elects, in the franchise agree-
ment, where the franchisee may charge different rates, or provide
different service(s), than in the remainder of the City.
SECTION 6: The City Council, in Section 1 of Ordinance 529,
does hereby define "Basic Subscriber Services" or "Basic Service"
as follows:
"Basic subscriber service" or "basic service" means the
simultaneous delivery by the grantee to all subscribers within the
confines of the City of (1) all signals of over -the -air television
broadcast required by the FCC to be carried by a community antenna
television system as defined by the FCC, or all those over -the -air
signals which are received by the community without the aid of a
cable television system or similar apparatus; and (2) channels
designated for special purposes by the Council or its designate; an
(3) public, educational, local government, local origination, and
lease access channels signals; and (4) additional services as pro-
posed by the grantee in its application, or as it may hereafter
provide; provided, however, that pay or subscription television,
as defined by the FCC, and radio services supplied by the grantee
shall not be considered part of the basic service.
SECTION 7: Should the grantee desire to upgrade the franchise
the grantee shall bear the entire costs and no expense shall be
born by the subscribers.
SECTION 8: The Grantee shall at all times maintain an office
and a telephone in the City of Beaumont to receive any complaints
from the subscribers.
SECTION 9: Construction requirements shall meet the approval
of the City Manager.
SECTION 10: The grantee waives their rights under Government
Code Section 53066.1.
SECTION 11: The grantee shall deliver to the City Manager
copies of any and all written complaints that may be received from
subscribers. Said copies of the complaint will be delivered to the
City Manager within twenty-four (24) hours from the receipt of same
by the grantee. The receipt by the grantee of ten (10) unresolved
complaints in any year shall constitute grounds for the cancellatio
of the franchise.
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SECTION 12: All construction of the system shall be completed
no later than two (2) years from the acceptance of the franchise.
SECTION 13: The City shall have the right to amend the fran-
chise, as to regulation, system capacity, technical designs,
franchise fees and subscriber's fees, and also the type of programs
SECTION 14: The franchise may not be sold, transferred or
assigned by the grantee without prior consent of the City, and
grantee shall be bound by the provisions of Section 9 of Ordinance
529.
SECTION 15: Pursuant to Section 4 of Ordinance 529, as amended
by Regulations of the Federal Communications Commission, Grantee
shall, during the term of the franchise, pay annually to the City a
sum equal to three percent (3%) of the gross annual revenues of
grantee for normal broadcast signals and services received within
the City of Beaumont, and provided pursuant to the franchise grantee
herein, and in any event, in any year following the first full year
in which service is provided, a sum of no less than one thousand
($1,000.00) per year to be applied to the 3% gross. Grantee shall
pay five percent (5%) if allowed by FCC.
SECTION 16: The CATV System herein franchised shall be used
and operated solely and exclusively for the purpose expressly
authorized by Ordinance of the City of Beaumont and no other purpose
whatsoever.
SECTION 17: This Ordinance shall become effective immediately
from and after its passage, provided, however, that the franchise
hereby granted shall not become effective unless and until Grantee
files written acceptance thereof in accordance with the provisions
of Section 8 of Ordinance 529, and an agreement to be bound by and
to comply with all of the requirements thereof, and delivers to the
City Clerk the bond and insurance policies required to be furnished
in accordance with Section 7 of Ordinance 529.
PASSED, APPROVED AND ADOPTED UPON SECOND READING this
day of August , 1982, upon the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
CITY CI
Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson.
None.
None.
None.
1:2-/Z�
YOR OF THE CITY OF B AUMONT
Date: Au•ust 9 198
For: Beaumont Cablevision
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CATV Franchise
CERTIFICATION
The foregoing is certified to be a true copy of Ordinance No. 551
duly adopted at its second reading by the said City Council of the
City of Beaumont on the date herein set forth.
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CITY CLERK, CITY OF BEAUMONT