HomeMy WebLinkAbout1988 CC RESO 15,785RESOLUTION NO. 15,785
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY SETTING FOR
PUBLIC HEARING CONSIDERATION OF A PROPOSED
NON-EXCLUSIVE CABLE TELEVISION
FRANCHISE WITH ULTRONICS, INC.
WHEREAS, it is the •intention of the City Council to
consider, following a public hearing thereon as required under
Municipal Code Section 6.10.210B, approval of a proposed
franchise with Ultronics, Inc.; and
WHEREAS, the following is a statement of proposed terms
and conditions of the proposed franchise ordinance, a complete
copy of which is on file and available for public review in the
office of the City Clerk and which is incorporated herein by
reference: (1) Chapter 6.10 of the National City Municipal Code,
any and all rules and regulations governing the operation of
CATV systems within the City, and the written acceptance of the
CATV franchise by the Grantee will be incorporated by reference
into the proposed franchise ordinance as "franchise documents"
and the provisions of the franchise ordinance shall govern in
the event of conflict with the provisions of any of the
aforementioned franchise documents. (2) The proposed grant of
franchise as to Ultronics, Inc., is non exclusive and will
permit the construction, erection, operation and maintenance of
a cable television system within the City of National City. (3)
The term of the proposed franchise is twenty (20) years. (4)
The proposed franchise fee is five percent (5%) of the Grantee's
gross annual receipts as defined in Chapter 6.10 of the
Municipal Code. (5) The proposed Grantee agrees to comply with
Section 6.10.170 of the Municipal Code, pertaining to
implementing programming and services to insure operation of the
system in accordance with best accepted and proven industry
standards. (6) The proposed Grantee's entire system will be
constructed and installed at sixty-two (62) channel capacity and
the Grantee will continue to evaluate and where feasible to
implement improvement and expansion of channel capacity and
programming. (7) Proposed Grantee will file Progress Reports
relative to system installation and system improvements. (8)
Proposed Grantee agrees to construct the system in accordance
with maximum installation deadlines as set forth in the proposed
franchise ordinance, which are based on geographical areas of
the City with proposed total system completion occurring within
a maximum of eight (8) years from commencement of the franchise
term. (9) Proposed Grantee consistent with the Municipal Code,
f,y
shall provide cable connections to City and public school
facilities. (10) Proposed Grantee commits to implement a
program to eliminate cablecasting of obscene or objectionable
adult pay television programming to those subscribers who do not
wish to receive such programming. (11) Proposed Grantee shall
be prohibited from directly or indirectly engaging in certain
specified activities relating to television, radio, or other
receiving apparatus retail sales, leasing, repairing or
servicing, providing certain repair service for a fee as
specified in the proposed franchise ordinance, or soliciting or
referring subscribers to entities engaged in prohibited
activities.
NOW, THEREFORE, BE IT RESOLVED that on December 13,
1988 at 7:00 p.m. in the City Council Chambers, Civic Center,
1243 National City Boulevard, National City, California, a
public hearing will be held to consider approval of a non-
exclusive cable television franchise with Ultronics, Inc. at
which time any persons having any interest or objection to the
granting of said franchise may appear before the Council and be
heard thereon.
BE IT FURTHER RESOLVED that at the time set for said
hearing the City Council shall proceed to hear and pass upon all
protests and its decision shall be final and conclusive, after
which time the Council may grant, modify or deny the franchise.
BE IT FURTHER RESOLVED that the City Clerk is hereby
directed to publish this resolution in an official newspaper of
general circulation at least once within fifteen days of the
passage hereof. The notice shall be published at least ten days
prior to the date of said hearing.
PASSED and ADOPTED this 15th day of November 1988.
ATTEST:
IO CAMPBELL, CITY CLERK
APPROVED AS TO FORM:
sQ
GEORGEWATERS, MAYOR
GEORGE H. EISER, CITY ATTORNEY