HomeMy WebLinkAboutReso 1972-6689.~
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RESOLUTION NO. 6689
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ESTABLISHING A POLICY FOR THE LICENSING OF
TEMPORARY MASTER ANTENNA TELEVISION SYSTEMS IN THE
CITY OF CHULA VISTA
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the City Council of the City of Chula Vista has
heretofore expressed its concern over the establishment of master
antenna television systems in new residential developments wherein
the existing franchisee for provision of cable television to the
citizens of the City of Chula Vista has not introduced its own
system for providing cable television service, and
WHEREAS, said master antenna television systems are in
the nature of temporary cable television by virtue of the fact that
they should be required to be compatible with the cable television
system operated by franchisees of cable television in the City of
Chula Vista in order to provide for subsequent incorporation of such
master antenna systems into the overall cable television system of
the City of Chula Vista, and also by virtue of that fact that said
systems would be utilizing the public rights of way within the City
of Chula Vista, and
WHEREAS, the City Council desires to establish a policy
for the licensing of said temporary systems, which licensing would
constitute an encroachment permit for a maximum period of five (5)
years.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Chula Vista does hereby establish the following policy for
the licensing of master antenna television systems:
LICENSES FOR MASTER ANTENNA TELEVISION SYSTEMS.
(a) From time to time City may, after a public hearing
by the City Council, grant developers, or those qualified
to construct and operate such systems who have so contracted
with the developers of residential subdivisions a license
to lay and use lines, wires, coaxial cable and appurtenances
television service along, across, and upon public streets,
ways, alleys and places within the service area within the
City of Chula Vista.
(b) The license shall require as a condition of the
grant thereof, that the Licensee install a master antenna
system utilizing CATV equipment and facilities identical
to that being installed by Grantee or most recently in-
stalled by Grantee in its service area at the time the
Licensee commences construction of its master antenna
system in accordance with the technical specifications
supplied by Grantee.
(c) Grantee shall furnish to the Licensee, at Grantee's
actual variable cost, full and complete technical infor-
mation and specifications for the installation and main-
tenance of the Licensee's master antenna television system.
(d) The license shall require, as a condition of the
grant thereof, that the Licensee sell its master antenna
television system to Grantee at the end of five (5) years
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after the effective date of the license, or any time
prior to the termination of said period upon mutual
agreement of Licensee and Grantee. The Licensee shall
furnish to Grantee at least one hundred eighty (180)
days prior to the expiration date of its license such
detailed information as may be reasonably necessary to
determine the fair market value of the Licensee's master
antenna television system as may be requested by Grantee.
(e) Grantee shall purchase the Licensee's master
antenna television system within one hundred eighty (180)
days of an offer by Licensee to sell such master antenna
system or within one hundred eighty (180) days after the
expiration of the license, whichever occurs first. If
the Licensee and Grantee cannot agree on the price or
terms of sale within one hundred eighty (180) days of an
offer by Licensee to sell or within one hundred eighty
(180) days after the expiration of the license, which-
even occurs first, then the Licensee and Grantee shall
within thirty (30) days, each appoint one person to
hear and determine the dispute and if they shall be
unable to agree within thirty (30) days, then the two
persons so chosen shall select a third impartial arbi-
trator. The arbitration to determine the fair market
value of the Licensee's master antenna television system
shall comply with and be governed by the provisions of
the California Arbitration Act, Section 1280 through
1294.2 of the California Code of Civil Procedure. The
decision of the arbitrators shall be final and conclusive
upon both the Licensee and Grantee. The cost of such
arbitration shall be borne in equal proportions by the
Licensee and Grantee.
(f) If agreement, between Licensee and Grantee by
way of arbitration or otherwise, as to the price or terms
of sale is not reached prior to expiration of the license,
the City Manager, at his discretion, may grant an exten-
sion of the license to the time when the sale is finally
consummated and title to the system passes from Licensee
to Grantee.
(h) City shall give the public and Grantee thirty (30)
days written notice of any hearing by the City Council
considering the grant of a license to construct and operate
a master antenna television system within the service area
described hereinabove.
(i) Licensee shall conform to the rules anal regulations
of the Federal Communications Commission as applicable to
CATV systems effective March 31, 1972 anal as may be amended
from time to time.
Presented by
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George D. Lindberg, City Att~'ney
Approved as to form by
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George Lindberg, City Attor ey
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ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this
by the following vote, to-wit:
12th day of December , 19 7 2,
AYES: Cauv~C-i..~mec~ Scott, Hobel, Hamilton, Hyde, Egdahl
NAYES: Cvunc~:2.men
ABSENT: Caunc~..2men
ayorc ~{~ ~ e C~, y a~ C u.~a V~. a
ATTEST ,.. ~~ ~~@~ ~-: ~~ "~~-~'~
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STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
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