HomeMy WebLinkAboutOrd 1972-1428ORDINANCE NO. 1428
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 C
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.
(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 August 1 thereafter.
The payment for calendar year 1972 in the amount of three.
percent (38) 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.
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(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, provided, however, that all such special programming
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.
Presented by Approved as to form by
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George'D. Lindberg, City AttCafney George D. Lindity Attor ey
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA
VISTA, CALIFORNIA, this 12th day of December , 1972 , by
the following vote, to -wilt:
AYES: Councilmen Scott, Hobel, Hamilton, Hvde, E¢dahl
NAYES: Councilmen None
ABSENT: Councilmen None
Mayor of the City of Chula Vista
ATTEST] _
v/ / City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
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 Clerk
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