Loading...
HomeMy WebLinkAboutReso 1972-6657• • RESOLUTION N0. 6657 (DUPLICATE) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING ITS INTENTION TO ATTEND ORDINANCE NO. 882 GRANTING A FRANCHISE TO MISSION CABLE TV, THE SUCCESSOR IN INTEREST TO AREA TELEVISION ANTENNA, INC. TO OPERATE A COMMUNITY ANTENNA TELEVISION SYSTEM IN THE CITY OF CHULA VISTA The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, Vista requires the notice of a public the streets, ways, certain operations thereof by ordinan Section 1401 of the Charter of the City of Chula adoption of a resolution of intention to provide hearing of a grant of a franchise for the use of alleys or places in the City of Chula Vista for subsequent to the declaration of the necessity ce , and WHEREAS, the City of Chula Vista has heretofore by ordinance granted a franchise to Mission Cable TV, successor in interest to Area Television Antenna, Inc., by Ordinance No. 882 granting a fran- chise to operate a community antenna television system in the City of Chula Vista, and WHEREAS, it is now the desire to the City Council of the City of Chula Vista to amend said franchise to incorporate certain changes as shown in the attached Exhibit "A", incorporated herein by reference, as if set forth in full. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that notice is hereby given to set this matter for public hearing on the fifth day of December, 1972, at the hour of 7:00 p.m., in the Council Chamber of the City Hall, 276 Fourth Avenue, Chula Vista, California for all interested parties. BE IT FURTHER Chula Vista be, and she notice of said hearing hearing. Presented by RESOLVED that the City Clerk of the City of is hereby authorized and directed to publish at least ten (10) days prior to the date of Approved as to form by --~ George D. Lindberg, City Attorney George D. Lindberg, City Attorney ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 14th day of 197 a by the following vote, to-wit: AYES: Councilmen HOBEL, HAMILTON, HYDE, EGDAHLA, SCOTT NAYES~ Councilmen None ABSTAIN: Councilmen None ABSENT: Councilmen None G ,~ ~- ATTES- ' City Clerk ~ ~; STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) s s . CITY OF CHULA VISTA ) Mayor of the City of "Chula I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of DATED (seal ) ,and that the same has not been amended or repealed. City Clerk November ,-- CC-660 r'~ .'~ _i ORDINANCE N0. AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE GRANT OF FRANCHISE TO AREA TELEVISION ANTENNA, INC., NOW KNOWN AS MISSION CABLE TV, INC., TO OPERATE A COMMUNITY ANTENNA TELEVISION SYSTEM IN THE CITY OF CHULA VISTA WHEREAS, the City Council of the City of Chula Vista, pur- suant to the provisions of Section 1400 et seq. of the Chula Vista Charter, has heretofore declared that the provision of cable tele- vision to the citizens of the City of Chula Vista utilizing the public rights of way required the issuance of a franchise, and did on the 7th day of April, 1964, by the adoption of Ordinance No. 882 grant such a franchise, and WHEREAS, it is now desired to amend said franchise to pro- vide for an increase in the franchise fee and to authorize the addi- tional service to be provided by Mission Cable TV, Inc. of subscription television. NOW, THEREFORE, IT IS ORDAINED by the City Council of the City of Chula Vista as follows: SECTION I: That Ordinance No. 882 of the City of Chula Vista be, and the same is hereby amended solely and exclusively in the following respects and sections to read as follows: COMPENSATION AND GUARANTEE TO THE CITY SECTION 14. Annual Payments to the City. (a) By its acceptance of this franchise, the Grantee agrees to pay to the City, annually, in lawful money of the United States, three percent (3~) of the total gross receipts col- lected or received, or in any manner gained or derived by the Grantee in each calendar year, or portion thereof, during the term of this franchise, from the properties, operations, and business referred to in Section 2 hereof. Gross receipts shall also include any payments made by subscribers to the Grantee or to any persons utilizing the Grantee's facilities or properties. (b) Checks for all such payments shall be made payable to the Director of Finance of the City of Chula Vista, and shall be submitted to him semi-annually, commencing on July 1, 1973 and each February 1 and July 1 thereafter. The payment for calendar year 1972 in the amount of three percent (3$) of total gross receipts, as set forth in Section (a) hereof, shall be submitted to the Director of Finance on or before March 1, 1973. (c) Each payment shall be accompanied by a statement, in duplicate, verified by the Grantee or by a general officer or other duly authorized representative of the Grantee, showing in such form and detail as the City Manager may require from time to time the facts material to a deter- mination of the amount due. The City at all times shall have the right to compel an audit of any and all books and financial records of Grantee for the purpose of deter- mining the "gross receipts" of Grantee. • (d) The payment made to the City by the Grantee pursuant to this Section for any calendar year shall be in lieu of any license, fee or business tax, prescribed by the City for the same period, but only to the extent of such pay- ment. SECTION 19. Subscription Television. Nothing contained herein shall be construed to prohibit the use of the Cable Television system in the City of Chula Vista to provide to the subscribers special events and pro- grams for which additional fees and charges will be made by Franchisee; provided, however, that all such special programs and charges of this nature must first be approved by the City Council of the City of Chula Vista by resolution thereof. SECTION II: This ordinance shall take effect and be in full force on the thirty-first day from and after its approval and adoption. Presented by George D. Lindberg, City Attorney Approved as to form by George D. Lindberg, City Attorney ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this d`y of , 19 , by the following vote, to-wiT- AYES: Councilmen NAYES: Councilmen ABSENT: Councilmen ATTEST City Cler STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) Mayor o the City of Chula Vista I, City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Ordinance No. , and that the same has not been amended or repealed. DATED City C er - 2 - --~ i / ~ j ~ ~/ /' ~~' ~ / Form No. 301 UNANIMOUS CONSENT FORM IT IS HEREBY REQUESTED by the undersigned that the following item, with the unanimous consent of the City Council of the City of Chula Vista, be considered and acted upon by the Council pursuant to the provisions of Section 1.16 of the Chula Vista City Code. RESOLUTION OF THE CITY COUNCIL .OF THE CITY OF CHULP. VISTA DECLARING IT5 INTENTIOi1 TO AMEND ORDINANCE NO. 882 GRANTIN G A FRANCHISE TO MISSION CABLE TV, THE SUCCESSOR IN INTEREST TO AREA TELEVISION ANTENNA, INC. TO OPERATE A COMMUNITY ANTENNA. TELEVISION SYSTEM IN THE CITY OF CHULA VISTA (Signature Unanimous Consent of the City Council, as indicated by the following signaturesa _ By a unanimous motion of the City Council, this resolution was placed on the agenda at the meeting of November 14, 1972. ~~ C~,~i