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HomeMy Public PortalAboutOrdinance 683ORDINANCE NO. 683 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, GRANTING A NON EXCLUSIVE FRANCHISE TO TIMES MIRROR CABLE TELEVISION 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 authority 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 November 16, 1989, Times Mirror Cable Television 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 copies of said application are on file in the Office of the City Clerk. After consideration of said application by the City Council, it appears that Times Mirror Cable Television 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 Times Mirror Cable Television to construct, operate and maintain a CATV system 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 the franchise by the grantee. Said franchise is hereby granted with all of the rights and privileges and subject to each and all of the terms and conditions of Ordinance 529, the applications and the terms and conditions of the Ordinance. Ordinance 529 and the applications and all the terms set forth are hereby incorporated herein and made a part hereof by reference. SECTION 4: Grantee shall charge CATV subscribers rates and charges in accordance with Exhibit "A", attached hereto and made a part hereof by reference. SECTION 5: The City Council, in Section 1 of Ordinance 529, does 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) subscribers or users in payment for television or FM radio signals, reception, or service received within the City, including installation 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, or 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 agreement, where the franchisee may charge different rates, or provide different service(s), than in the remainder of the City. Page 1 EXHIBIT A RATES AND CHARGES: CITY OF BEAUMONT Economy Service (No Remote Control, No Guide) Basic Service (Includes Remote Control and Program Guide) Additional Outlet (No Converter) Additional Outlet (With Converter, same service as Primary Outlet) F.M. Stereo Service Remote Control Cable Guide Basic Service, Plus One Premium Channel Basic Service, Plus Two Premium Channels Basic Service, Plus Three Premium Channels Basic Service, Plus Four Premium Channels Basic Service, Plus Five Premium Channels Installation Charge Relocate Fee Reconnect Fee Premium Channels: Home Box Office Showtime The Movie Channel Cinemax The Disney Channel Monthly Service $14.95 $17.95 $ 4.00 $10.00 $ 4.00 $ 5.00 $ 2.00 $27.95 $37.95 $47.95 $57.95 $67.95 $30.00 $20.00 $20.00