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HomeMy WebLinkAboutCC ORD 1989-1970 Grants cable television franchise (Not codified)ORDINANCE NO. / ! 70 AN ORDINANCE OF THE CITY OF NATIONAL CITY GRANTING A NON-EXCLUSIVE FRANCHISE TO ULTRONICS, INC. TO CONSTRUCT, MAINTAIN AND OPERATE A CABLE TELEVISION SYSTEM WITHIN SAID CITY The City Council of the City of National City does ordain as follows: SECTION 1. Definitions WHENEVER, in this ordinance, the following words or phrases are used, they shall have the respective meanings assigned to them in the following definitions; and words or phrases not defined in this section which are defined in any franchise documents shall have the same meaning in this ordinance assigned to them in such franchise documents, unless the context in which they are used shall clearly indicate a different meaning: (a) "Grantee" shall mean Ultronics, Inc. (b) "Franchise Documents" shall, in addition to this franchise ordinance, mean and include all of the following: (1) Chapter 6.10 of the National City Municipal Code; (2) Any and all rules and regulations governing the operation of CATV systems within the City of National City which are adopted by the City Council; (3) The written acceptance of CATV franchise by the Grantee. SECTION 2. Incorporation of Franchise Documents All of the franchise documents as defined herein, are hereby incorporated by reference and made a part of this ordinance. By acceptance of this franchise, Grantee agrees to be bound by all of the terms and conditions contained in said franchise documents. SECTION 3. Application of Franchise Ordinance In the event of any specific and direct conflict between the provisions of this franchise ordinance and any other franchise document as defined herein, the provisions of this franchise ordinance shall govern. SECTION 4. Grant of Franchise There is hereby granted to Ultronics, Inc. a non- exclusive franchise to construct, erect, operate and maintain in, upon, along, across, above, over and under the public streets and ways, now or in the future dedicated for public use in the City, poles, wires, cables, underground conduits, manholes and other cable television conductors, apparatus and fixtures necessary or convenient for the maintenance and operation in the City of National City of a cable television system to transmit television, FM radio and other signals within the City. SECTION 5. Non -Exclusive Grant The right to use and occupy said streets, alleys, public ways and places for the purposes herein set forth shall not be exclusive and the City reserves the right to grant a similar franchise to any person or firm at any time during the term of this franchise. SECTION 6. Term of Franchise The term of this franchise shall be twenty (20) years commencing upon the effective date hereof. SECTION 7. Effective Date This franchise shall become effective thirty (30) days from and after the date of adoption of this ordinance provided, however, that the franchise hereby granted shall not become effective unless and until the Grantee files written acceptance thereof in accordance with Section 8 of this franchise ordinance. SECTION 8. Acceptance of Franchise This franchise shall not become effective for any purpose unless and until written acceptance thereof shall have been filed with the City Clerk and such written acceptance shall be in the form and substance as shall be prescribed by the City Attorney and shall be and operate as an acceptance of each and every term, condition and limitation contained herein, or otherwise specified by ordinance or resolution of the City Council. Said written acceptance shall be filed by the Grantee not later than 12:01 P.M. of the fifteenth (15th) day following the date of the adoption by the City Council of this ordinance and if such written acceptance by any such Grantee shall not be received by the City Clerk, then such Grantee shall have no rights, recourse or redress in the premises, unless and until the City Council shall, by resolution, determine that such acceptance be received or filed and then upon such terms and conditions as the City Council may impose. SECTION 9. Annual Franchise Fee The Grantee shall pay annually to the City of National City, during the term of this franchise, for the privilege of operating a CATV system under this franchise, a sum equivalent to five percent (5%) of its gross annual receipts as defined in Chapter 6.10 of the National City Municipal Code. The Grantee shall file with the City within ninety (90) days after the expiration of any calendar year during which this franchise is in force, a statement of gross receipts signed by a corporate officer showing in detail the gross annual receipts as defined in the franchise documents of the preceding calendar year. It shall be the duty of the Grantee to pay to the City, within ten (10) days after the time for filing such statement, the specified sum for the calendar year covered by said statement. SECTION 10. Programming and Services (a) Statement of General Intent (1) Grantee recognizes and concurs with the City's desire pursuant to Municipal Code Section 6.10.170 that all CATV systems franchised to operate within the city shall maintain, operate and where technically and financially feasible modify the CATV system to insure its performance in accordance with the best accepted and proven standards of the cable television industry. (2) Grantee agrees to diligently evaluate and where technically and financially feasible in accordance with Municipal Code Section 6.10.170, implement improvements to insure its performance in accordance with the best accepted and proven standards of the cable television industry. (b) Channel Capacity and Programming (1) Consistent with the Grantees franchise application, the Grantees entire system will be constructed and installed at sixty-two (62) channel capacity. Pursuant to Municipal Code Section 6.10.170 Grantee will continue to evaluate and where feasible as defined in the above Section to implement improvement and expansion of channel capacity and programming throughout its system. (2) During the first five (5) years this franchise agreement is in effect, the Grantee shall file with the City the status report required under Municipal Code Section 6.10.170 D every six (6) months. Said reports will be filed each June and December. Commencing with the sixth year of the franchise term, the report will be filed annually in December of each year. In addition to addressing the subject of Technological Developments as referenced in Section 6.10.170, Grantee's status reports shall detail progress being made and status of system installation as referenced in Section 11 of this franchise ordinance. SECTION 11. Construction Schedule Grantee agrees to construct the cable television system in accordance with the following schedule containing maximum construction deadlines. A map of National City is attached and incorporated by reference as Exhibit "A". The area outlined in green will be built within the first two (2) years of the franchise term, the area outlined in blue will be built within the first four (4) years of the franchise term, and the area outlined in red will be built within the first five (5) years of the franchise term. Consistent with Municipal Code Section 6.10.090, Grantee recognizes that time is of the essence and will pursue system construction with due diligence in an effort to complete the system construction in advance of the above referenced maximum construction deadlines. Grantee shall construct its cable television system to provide that its cable television system services are made available to all potential subscribers within its franchise area within the construction timeframes specified under this section. As system construction proceeds, Grantee shall notify in advance, by certified mail, all potential subscribers of the availability of its cable television system services. SECTION 12. Cable Connections to City and Public School Facilities (a) Grantee shall, without charge, provide all Basic Subscriber Services of its system, as defined in Municipal Code Chapter 6.10 as hereinafter provided: (1) Grantee shall provide one cable television connection to each City office or facility located within its franchise area as designated by the City Manager, including, but not limited to, the Civic Center, Police facility, Fire Stations, other facilities owned, controlled by the City Public Library, and rented, leased or which are located within the Grantee's franchise area. Each such connection shall consist of, at a minimum, a drop connection to the exterior of the office, building or property and one outlet installation. (2) Grantee shall provide one cable television connection to each public school site within its franchise area as designated by the Superintendent of School or other appropriate official. Each such connection shall consist of, at a minimum, a drop connection to the exterior of the office, building or property and one outlet installation. (b) Installation of additional services beyond these specified in Section (a) hereof shall be subject to negotiation and mutual agreement between the Grantee and the appropriate City or School District representative. (c) Grantee agrees to work with the City Police and Fire Departments in developing and facilitating the use of their cable connections for training and related purposes. SECTION 13. Obscene or Objectionable Adult Pay Television Programming (a) Grantee and the City while recognizing the right of individuals to subscribe to and receive adult pay television programming, recognize also the right of other subscribers not to receive such programming over the cable system. (b) Grantee commits to implement the following proposal designed to eliminate cablecasting of obscene or objectionable adult pay television programming to those subscribers who do not wish to receive such programming: (1) Grantee will publicize and offer at no charge to subscribers, a replacement converter, properly programmed, in exchange for a converter which the subscriber believes is working improperly and thereby permitting obscene or objectionable adult pay television programming to be broadcast into the subscribers home. Additionally, Grantee will, upon request and free of charge, provide information regarding the detuning of "cable ready" television sets within the corporate limits of National City to prevent receipt of obscene or objectionable adult pay television programming. (2) Grantee will continue to provide all new subscribers with properly programmed converters or decoders which delete any channel which is not specifically subscribed to by a customer. (3) Grantee commits to be in full compliance with Municipal Code Section 6.10.240B throughout the term of this franchise ordinance. (4) Notwithstanding any provisions herein to the contrary, Grantee shall not be required to delete any channel of programming which is a part of a tier or program package except upon deletion of the entire tier or program package. SECTION 14. Prohibited Activities of Grantee Grantee shall be prohibited from directly or indirectly doing any of the following: (a) Engaging in the business of selling at retail, leasing, renting, repairing or servicing of television sets, radios or other receiving apparatus which are not the property of the Grantee. (b) Providing any repair service for a fee or otherwise, which extends beyond the connection of and maintenance for its service, and the determination of Grantee of the quality of its signal to its subscribers. (c) Soliciting, referring, or causing or permitting the solicitation or referral of any subscriber to any specifically named person, firms or corporations engaged in any business which Grantee is prohibited from engaging in by the provisions hereof. SECTION 15. Publication This ordinance shall be published once in the official newspapers of the City, in summary. PASSED AND ADOPTED this 7i day of 1t/Alee - , 1989. George H. Waters, Mayor ATTEST Lori Anne Peoples, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney SAN DIEGO 1f G1Li EliLJ �CELL ❑ ,,0ECJ00II01B0❑CLJ 0,pD, T,00 C n„C ❑ 0 0, EE ❑ LJ❑• E,❑. [00Cp0 r' F' i�00QU❑G0 0041 GHULA VISTA NATIONAL. CITY, CAL.IFORNIA zizyri • Passed and adopted by the Council of the City of National City, California, on 3-7-89 by the following vote, to -wit: Ayes: Councilmen er.,...Water.$ Nays: Councilmen ..ITone Absent: Councilmen ..N.one Abstain: Councilmen .. None AUTHENTICATED BY: GEORGE H. WATERS By: Mayor of the City of National City, California CriV City IClerk of the City of Natio al City, California Deputy I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar days had elapsed between the days of its introduction and the days of its final passage, to wit, on 2-28-39 and on I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that the reading of said ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council and that there was available for the consideration of each mem- ber of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and cor- rect copy of ORDINANCE NO..11970... of the City of National City, passed and adopted by the Council of said City on 3-7-89 (Seal) City Clerk of the City of National City, California By: Deputy