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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. .......... o0o .......... 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 ! 3.~h .~a> of~ ~.~ t ~m]¢.~r ......... .... ' ............