HomeMy WebLinkAboutCC RESO 2008-157RESOLUTION NO. 2008 — 157
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
SCHEDULING A PUBLIC HEARING TO CONSIDER,
AND DECLARING ITS INTENTION TO GRANT,
A NON-EXCLUSIVE FRANCHISE TO NEXHORIZON
BROADBAND OF SOUTHERN CALIFORNIA, INC.,
TO CONSTRUCT, MAINTAIN, AND OPERATE A CABLE
TELEVISION SYSTEM WITHIN THE CITY, PURSUANT TO
CHAPTER 6.10 OF THE NATIONAL CITY MUNICIPAL CODE
WHEREAS, on March 7, 1989, the City Council adopted Ordinance No. 1970,
granting a non-exclusive franchise to Ultronics, Inc., doing business as National City Cable, Inc.,
to construct, maintain, and operate a cable television franchise within the City; and
WHEREAS, Ms. Barbara Altbaum, President of Ultronics, Inc., has informed the
City of the sale of National City Cable, Inc., to NexHorizon Broadband of Southern California,
Inc., and has requested the transfer of the franchise now held by National City Cable, Inc., to
NexHorizon Broadband of Southern California, Inc.; and
WHEREAS, prior to the granting of a cable television system ("CATV system")
franchise, Chapter 6.10 of the National City Municipal Code requires that the City Council pass
a resolution declaring its intention to grant such franchise, and set a public hearing to consider
granting said franchise.
'NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby sets a public hearing for August 19, 2008, at 6:00 p.m., or at such time
thereafter as the matter may be heard, in the City Council Chambers, 1243 National City
Boulevard, National City, California, as the time at which the City Council may consider granting
a non-exclusive franchise to NexHorizon Broadband of Southern California, Inc., to construct,
maintain, and operate a cable television system within the City, and the time at which any
person having an interest in or any objection to the granting of such franchise may be heard. At
the time set for the hearing, the Council shall proceed to hear and pass upon all protests, and its
decision thereon shall be final and conclusive. Thereafter, the Council may grant, modify, or
deny the franchise.
BE IT FURTHER RESOLVED that the City Council hereby declares its intention
to grant a non-exclusive franchise to NexHorizon Broadband of Southern California, Inc., to
construct, maintain, and operate a cable television system within the City, based upon the
following terms and conditions:
Grantee: NexHorizon Broadband of Southern California, Inc.
Nature of Franchise: Non-exclusive franchise to construct, erect, 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 of a cable television system to transmit television, FM radio, and
other signals within the City.
Effective Date of Franchise: Thirty (30) days after adoption of the ordinance
granting the franchise.
Resolution 2008 — 157
August 5, 2008
Page 2
Term of Franchise: Twenty (20) years.
Franchise Fee: Grantee to pay annually to the City five -percent (5%) of its
gross annual receipts, as that term is defined in Section 6.10.010 (H) of the National City
Municipal Code.
Channel Capacity Programming: Grantee's entire system to be constructed at
no less than 62 channel capacity.
Construction Schedule: Grantee's cable television system to be constructed
within two (2) to five (5) years.
Elimination of Broadcasting of Objectionable Programming: Grantee to eliminate
objectionable adult pay television programming for those subscribers who do not wish to
subscribe to such programming.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to provide
notice of the public hearing scheduled herein by causing this Resolution to be published at least
ten (10) days prior to the date of said hearing in an official newspaper of general circulation
within the City.
.PASSED and ADOPTED this 5th day of August, 2008.
on Morrison, Mayor
ATTEST:
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ity A,
Michael R. Dalla, Clerk
APPROVED AS TO FORM:
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George H. Eiser, III
City Attorney
Passed and adopted by the Council of the City of National City, California, on August 5,
2008 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Parra, Ungab, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
City Jerk of the City o National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2008-157 of the City of National City, California, passed and
adopted by the Council of said City on August 5, 2008.
City Clerk of the City of National City, California
By:
Deputy