HomeMy WebLinkAboutORD NO 2939ORDINANCE NO. 2939
NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING SECTION 1 (f), (j), AND
(k), SECTION 2 (e), (f) AND (g), SECTION 3 (d),
SECTION 9 (a), (b), AND (c), AND SECTION 14
(a) AND (b) OF ORDINANCE NO. 1552 NEW SERIES
RELATING TO CABLE TELEVISION FRANCHISE.
BE
as follows:
IT ORDAINED by the Council of the City of Bakersfield
SECTION 1.
Section 1, subsections (f), (j), and (d), of Ordinance
No. 1552 New Series is hereby amended to read as follows:
(f) "Community Antenna Television System": hereinafter
referred to as "CATV": The system of conductors and equipment,
including but not limited to antenna, microwave receptors, trans-
mitters, amplifiers, coaxial cable and related facilities utilized
for the purpose of providing to customers video and/or aural
signals or other programming, data or impulses by cable or through
such facilities; provided, however, that any of the services per-
mitted hereunder to be performed, as described above, shall be
those performed by the licensee for its subscribers, as defined
in Subsection (g), in the operation of a cable television or CATV
system licensed by the City.
(j) "Total Gross Receipts": Shall mean any and all
compensation and other consideration received directly by the
Grantee from the operation of its CATV service in the City of
Bakersfield, including revenues from monthly subscribers rates,
pay television revenues, revenues received from any access channels
(except as noted herein), data and impulse signals, revenues
received from sale of advertising and installation, connections,
and reinstatement charges, and any other or additional available
services provided by cable. Total gross receipts shall not
include: (1) uncollectible amounts; (2) refunds or rebates made
by Grantee; (3) sales, ad valorem or other types of "add-on"
taxes, levies or fees calculated by gross receipts or gross
revenues which Grantee might have to pay or collect for Federal,
State or local government (exclusive of franchise fees provided
for herein); (4) non-operating revenues such as interest income
or gain from sale of an asset; and (5) revenues received from
public access channels when such revenues represent only a
reimbursement of the Grantee's actual costs.
(k) "Basic Subscriber Services": Shall mean those
signals included within that tier of service which includes those
signals as may be required to be delivered to the franchise area
from time to time by the rules and regulations of the Federal
Communications Commission.
Section 2,
No. 1552 New Series
(e) The Grantee shall
in the business of selling, leasing or renting
shall the Grantee engage in the repair of such
sale of parts for the same. If the Grantee is
SECTION 2.
subsections (e), (f) and (g), of Ordinance
is hereby amended to read as follows:
not engage directly or indirectly
televisions, nor
receivers or the
a corporation,
partnership, or other association of natural persons, this pro-
hibition shall likewise apply to the officers and directors of
the Grantee, to general and limited partners of any partnership
Grantee, and to any person or combination of persons who own,
hold, or control more than 5% of the corporate stock or other
evidence of ownership of the Grantee, and shall likewise apply to
any affiliated or subsidiary corporation owned or controlled by
the Grantee or by its officers, directors or stockholders, and
shall likewise apply to any corporation or entity which acts in
the capacity of a holding company or controlling company of the
Grantee.
(f) Repeal.
(g) Repeal.
SECTION 3.
Section 3 of Ordinance No. 1552 New Series is hereby
by adding subsection (d) to read as follows:
amended
(d) The City and Grantee agree that for the period
September 1, 1984, to September 12, 1989, no renegotiations as
provided in subsection (b) of this section shall occur.
SECTION 4.
Section 9, subsections (a), (b), and (c), of Ordinance
No. 1552 New Series is hereby amended to read as follows:
(a) The City Council shall have the power and right at
all times for the duration of this franchise and privilege to
require Grantee to conform to reasonable rules and regulations
adopted by the City Council, including the power to regulate and
establish reasonable rates and charges by Grantee, limited to
basic subscriber services and other rates and charges if not
prohibited by State and Federal law, rendered under this franchise
and privilege and to establish reasonable rules and regulations
governing performance of the system. The City Council shall,
directly or through its administrative personnel, consult with
the Grantee before adopting any such rule or regulation, provided
the same are not in conflict with any law, rule or regulation of
the State of California or any agency or other body thereof, or
of the United States or any agency or other body thereof.
(b) The said CATV system shall be installed and main-
tained in accordance with accepted industry standards. Grantee's
system is presently capable, when coupled with a suitable converter
at the subscriber's terminal, of delivering 35 channels of video
signals throughout its entire CATV system. Grantee shall continue
to make every available effort, consistent with prudent business
practices, to install and provide additional channel capacity as
required to keep such capacity and subsequent services in excess
of the reasonable demand thereof by Grantee's subscribers. In
determining the nature, extent and timing of providing such
additional capacity and/or services, consideration shall be given
to the availability of programming, the extent of subscriber
demand, and the cost to Grantee and its subscribers of delivering
such additional capacity and/or services. The provisions of this
subsection are a "material provision hereof" as these words are
used in Section 3 (b) (2) hereof.
(c) Charges for basic subscriber services, and other
rates and charges if not prohibited by State and Federal law, may
be increased by the Grantee no more than once annually subject to
the following restrictions:
1. A percentage increase equal to no greater than
five percent (5%) may be imposed without City Council approval
upon thirty (30) days' notice to the City and subscribers.
2. Annual rate increases which the Grantee might
impose without approval by the City Council, but which Grantee
elects to forego, shall not be cumulative for more than two
years.
3. Any rate increase exceeding that specified
above shall be submitted to the City Council for approval. The
City Council may hold a public hearing on such proposed rate
increase within thirty (30) days of receipt from Grantee of
notice for such proposed rate increase. Any such proposed rate
increase shall not take effect until approved by the City Council,
except that in the event the City Council fails to act within
sixty (60) days of receipt of notice from Grantee of such proposed
rate increase, the increase shall be deemed approved.
SECTION 5.
Section 14, subsections (a) and (b), of Ordinance
No. 1552 New Series is hereby amended to read as follows:
(a) By acceptance of the original franchise and sub-
sequent modifications to same, Grantee agrees to pay to the City
annually, in lawful money of the United States, three percent
(3%) of the Total Gross Receipts received by Grantee in each
calendar year, or portion thereof, during the term of this
franchise, from the furnishing of its CATV service within the
franchise area.
(b) Checks for all such payments shall be made payable
to the City Finance Department and shall be submitted to the
Finance Department on or before April 1 of each year for the
previous calendar year or portion thereof.
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I HEREBY CERTIFY that the foregoing Ordinance was passed
and adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on the 12%h day of September , 1~ , by
the following vote:
AYES: COUNCILMEN: BARTON, CHILDS, CHRISTENSEN, MOORE, PAYNE, RATTY, ROCKOFF
NOES~ COUNCILMEN:
ABSENT: COUNCILMEN,
CITY CL)~RK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED this 12%h day of September
....
MAYOR oythe City o~ Bakersfield
, 1 984
APPROVED as to form:
//~~'' ~/~f--B kersfleld
CIndY ATTO~Y ~ the Ci~cy o a '
RJO/bl 6.
Afft autt of Ilosling O riltuaures
STATE OF CALIFORNIAl ss.
County of Kern
MARGUERITE ANDERSON, Being duly sworn, desposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and
that on September 13 , 198~4 , she posted on the Bulletin Board
at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City
at a meeting thereof duly held on September 12 , 19 84 , which ordinance
was numbered 2939 New Series, and entitled:
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING SECTION 1 (f), (j), AND
(k), SECTION 2 (e), (f) AND (g), SECTION 3 (d)
SECTION 9 (a), (b), AND (c), AND SECTION 14
(a) AND (b) OF ORDINANCE NO. 1552 NEW SERIES
RELATING TO CABLE TELEVISION FRANCHISE.
/ -- City Clerk
Subscribed and sworn to before me this
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