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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. Pa.cre 1 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. Page 2 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. Page 3 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 Page 4 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 Page 5