HomeMy Public PortalAboutOrdinance 635REA/1520
12/5/86
ORDINANCE NO. 635
AN ORDINANCE OF THE CITY OF BEAUMONT, CALIFOR:JIA
GRANTING A NON-EXCLUSIVE FRANCHISE TO COACHELLA /ALLEY
TELEVISION TO CONSTRUCT, OPERATE, AND MAINTAIN A COMMUNITY
ANTENNA TELEVISION SYSTEM WITHIN THE CITY OF BEAU4ONT 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" hereinafter
referred to as "Ordinance 529"), as passed and adopted on the
22nd day of October, 1981, a full and complete copy of such
Ordinance is on file in the Office of the City Clerk.
SECTION 2: On August 27, 1986, Coachella Vallee Television
(hereinafter referred to as "CVTV" or "Grantee"), on behalf of
Palmer Communication, Inc., 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 communLty antenna
television system in the City of Beaumont (hereinafter referred
to as the "Application"). Full and complete copies o:. the
Application are on file in the Office of the City cle:-k. After
consideration of the Application by the City Council, it appears
that Coachella Valley Television is qualified to render proper
and efficient cable television services ("CATV Services") to
television viewers and subscribers in the City of Beaumont.
SECTION 3: Pursuant to the provisions of Ordinance No.
529, a franchise is hereby granted to Grantee at the :ime of the
commencement of the terms of the franchise granted herein and any
enlargement of said franchise area occurring by the a)propriate
action by the City Council, for a term of fifteen (15) years from
the acceptance of the franchise by the grantee. The =ranchise 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 Ordnance.
Ordinance 529 and the applications and all the terms set forth
are hereby incorporated herein and made a part hereof by
reference.
SECTION 4: Notwithstanding the provisions of Stiction 3
hereof, those sections of Ordinance 529, discussed below, either
shall be waived or shall not apply to the franchise granted
hereby or shall be expressly subject to the provisions of that
agreement entitled "Cable Franchise Agreement Between the City of
Beaumont. and Coachella Valley Television, a Division Df Palmer
Communications" which agreement was entered into as of 12/17/86 ,
199. (hereinafter referred to as the "Agreement") as noted below,
however, Grantee shall specifically comply with those provisions
of the Agreement which are discussed below.
(a) Section 3(c)(1) of Ordinance 529 shall be waived
in lieu of the requirements of section 12.2 of the
Agreement.
(b) Section 3(c)(2) of Ordinance 529 shall be waived,
however, Grantee shall comply with the requirements of
Article 12 of the Agreement.
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Ordinance No. 635
(c) Section 3(c)(4) of Ordinance 529 shall be waived
to the extent necessary to allow Grantee to provide a
business office within twenty miles of the location of the
City Hall of the City of Beaumont.
(d) Section 3(d)(1) of Ordinance 529 shall
specifically be subject to the provisions of Articles 7, 8
and 9 of the Agreement.
(e) Sections 5(c) through (f), inclusive, of Ordinance
529 shall be subject to the provisions of Article 13 of the
Agreement.
(f) Section 5(h) of Ordinance 529 shall be subject to
the provisions of Section 1.5 of the Agreement.
(g) With regard to Section 11(b)(4) of Ordnance 529
Grantee may make such charges where those chargees are
necessitated because of nonpayment of charges, fees or costs
to Grantee.
(h) Section 12(i) of Ordinance 529 shall be waived in
lieu of the provisions of Section 13.3 of the Agreement.
(i) Section 14(i) of Ordinance 529 Ordinance 529 shall
be waived, however, Grantee shall comply with the
requirements of Section 12.6 of the Agreement.
SECTION 5: The City Council, pursuant to Section 1 of
Ordinance 529 and Section 2 of the Agreement, does hereby adopt
the definition of "Gross Annual Revenues" as defined in Section
2.15 of the Agreement, which states:
"Gross Annual Revenues" means all considera:ion,
of any kind, derived from the carriage of signals over
the cable system within the City of Beaumont. Gross
Annual Revenues shall exclude any franchise fee post
increases which are passed on to the subscribers
pursuant to state or federal law and shall exclude any
copyright increases or programing increases. In the
case of Gross Annual Revenues which are derived Erom a
system -wide basis, such Gross Annual Revenues shell be
calculated on the basis of the number of subscripers
served in the City as a percentage of the total number
of subscribers served by the cable system."
For purposes of that definition the term "consideratiDn, of any
kind . . ." shall include:
1. Any fees, charges or revenues derived from
subscribers or users of CVTV's CATV system in payment for
television or FM radio signals, reception or other CATV
services received within the City, including installation
charges;
2. Any fees or income received by Grantee for
carrying advertising or commercial messages on its CATV
system within the City of Beaumont; and
3. Any charges imposed by Grantee for the utilization
of its CATV system, or facilities, not mentioned above, to
the extent that the City Council shall lawfully impose a
franchise fee on such charges, from time to time.
Notwithstanding the above, Gross Annual Revenues 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 entity.
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Ordinance No. 635
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; and (3) public, educaticnal, local
government, local origination, and lease access channels signals;
and (4) additional services as proposed 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 anc no expense
shall be born by the subscribers.
SECTION 8: The grantee shall at all times maintain a
toll-free telephone number to be used to receive complaints from
City of Beaumont subscribers.
SECTION 9: The construction requirements of tho CVTV CATV
system within the City shall be provided for in Sections 5 and 6
of the Agreement and the applicable portions of Ordinance 529.
General construction requirements, practices and plan: shall be
subject to the approval of the Chief Administrative Officer and
shall be in accord with sound engineering practices w:_thin the
State of California. The approval of the Chief Admin:_strative
Officer with regard to the general construction requirements,
practices and plans shall not be unreasonably withheld.
SECTION 10: The Grantee shall comply with all o1 the
requirements of Section 12 of the Agreement. The Grantee shall,
upon the written request of the Chief Administrative Officer
prepare, on a bimonthly basis, a letter, or other sui.:able
notification, to the office of the Chief Administrati'Te Officer,
as defined in Section 2.1 of the Agreement, of all written
complaints received by the Grantee regarding its service within
the City for the time period covered by the letter. The letter
shall list the date the complaint was received, the person
responsible for sending the complaint and the general nature of
the written complaint. The complaint log shall be available for
inspection of the Chief Administrative Officer, or other City
officers, as required by Section 12.5 of the Agreemen:. If
during the course of any calendar year the Grantee shall have a
total of ten complaints unresolved, such circumstance; shall
subject the Grantee to termination proceedings in accordance with
the provisions of Section 13 of the Agreement. For pirposes of
this section only, an "unresolved complaint" shall mean a
complaint, properly transmitted and received by CVTV, which
complaint concerns a matter for which CVTV has direct
responsibility under this Ordinance, the Agreement anl state and
federal law, on which no action has been taken by CVT1 for ten
days following the receipt of such complaint. "Unres3lved
complaints" for purposes of this section, shall not ilclude
complaints resulting from acts of God or natural disa3ters
affecting fifty or more connections of CVTV's CATV sy3tem within
the City.
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Ordinance No. 635
SECTION 11: The City shall have the right to amEnd the
franchise, as to regulation, system capacity, technical designs,
and franchise fees, and also the type of programs.
SECTION 12: 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 13: Pursuant to Section 4 of Ordinance `.,29, as
amended by Regulations of the Federal Communications Commission,
Grantee agrees to pay annually to the City a sum equa:. to four
percent (4%) of the gross annual revenues of Grantee icor normal
broadcast signals and services rendered within the City of
Beaumont.
SECTION 14: The CATV System herein franchised shall be used
and operated solely and exclusively for the purpose e):pressly
authorized by Ordinance of the city of Beaumont and no other
purpose whatsoever.
SECTION 15: This Ordinance shall become effectiiâ–ºe thirty
(30) days 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.
MOVED, PASSED AND ADOPTED this 22nd day
December , 1986.
AT
ST:
CLERK Deputy
APPRIV % AS TO FORM.
MAYO
CITY ATTOR
1-1
Cie AA-,=
OF THE CITY OF BEAUMONT
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Ordinance No. 635
CERTIFICATION
I, Julia White Deputy , City Clerk of the city of
Beaumont DO HEREBY CERTIFY that the foregoing Ordinance was
introduced at a regular meeting of the City Council of said City
held on the 8th day of December , 1986, and was duly
adopted upon second reading on the 22nd day of December
1986, upon the following roll call vote:
AYES: Connors, Shaw, Waller, Russo and Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
(L eput y )
Y CLERK, CITY OF BEAUMONT
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