Loading...
HomeMy WebLinkAboutReso 1990-15749 RESOLUTION NO. 15749 : RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA OF INTENTION TO DELIBERATE UPON THE GRANT OF A. CABLE TELEVISION FRANCHISE TO JONES INTERCABLE, INC., AND SETTING A PUBLIC HEARING FOR AUGUST 21, 1990 TO CONSIDER THE PROPOSED FRANCHISE The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the Charter of the City of Chula Vista provides that the City Council shall pass a resolution declaring its intent to grant any franchise; and WHEREAS, on October 30, 1984, the President of the United States signed Senate Bill 66 relating to cable television regulation; and WHEREAS, said federal legislation affects rate regulation, franchise fees, municipal ownership, consumer protection provisions, and the renewal process that will be imposed upon all franchises which can be activated at the option of the City or the operator; and WHEREAS, the City of Chula Vista renewed the cable television franchise with Cox Cable of San Diego in December, 1984, and more recently granted a second franchise to Ultronics (later transferred to Chula Vista Cable) in September, 1987; and WHEREAS, in July, 1989, Jones Intercable, Inc. ("jones") submitted an application for a cable television franchise within the City of Chula Vista; and WHEREAS, the staff has requested that the City Council deliberate on granting a franchise to Jones on terms that are contained in the August 7, 1 990 staff report submitted in support of this resolution, some of which may be summarized as follows: Term of Franchise: 20 years subject to a 5 year reduction if retrobuild requirements are not met, and a 5 year extension if the 8th year milestone is exceeded by 50% or more which would occur if Jones passed in excess of 15,000 homes at the end of the 8th year. Application Fee: '$54,000 Retrobuild Requirement - Duty to Overbuild: lO,O00 Homes passed - 8 years - 1430/yr. 2nd-8th 18,750 Homes passed - 15 years - 1250/yr. 25,000 Homes passed - 20 years - 1250/yr. Resolution No. 15749 Page 2 Cash Deposit: If the annual requirement is not met, Jones must deposit $428 (increases 7% per year) per home not passed into a Trust Fund. Trust Fund: The Fund is held by the City of Chula Vista. Jones may withdraw the monies only for verifiable retrobuilding expenses or cash out when they have met the cumulative annual requirements. Security: $300,000 Letter of Credit to be provided by Jones to secure performance; and WHEREAS, AB 543, concerning cable television, became effective January l, 1990 and, among other things, it requires that "any franchise to provide cable television service in an area already franchised and served by an existing cable operator shall require the franchisee to wire and serve the same 9eographical area, and shall contain the same public, educational, and governmental access requirements that are set forth in the existing franchise"; and WHEREAS, staff feels the structure of the proposed franchise meets the intent of and complies with AB 543. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that notice is hereby given of its intention to hold a public hearing to consider the granting of a cable television franchise to Jones Intercable, Inc., and that Tuesday, the 21st day of August, 1990 at the hour of 6:00 p.m. in the Council Chambers of the City of Chula Vista, 276 Fourth Avenue, is hereby fixed as the time and place when all interested persons may appear and be heard in this matter. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be, and she is hereby authorized and directed to publish this notice at least once in an official newspaper at least ten (10) days prior to such hearing. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be, and she is hereby authorized and directed to forward a copy of this resolution to Cox Cable and Chula Vista Cable. Presented by Appypv d as to form by L c~ ~ ~ ~p~~'~ ~'Clty Attorn yma ' is o .r.ce ...oogaar. ' Director of Finance ' , Resolution No. 15749 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 7th day of August, 1990 by the following vote: AYES: Councilmembers: Moore, Nader, Cox NOES: Councilmembers: None ABSENT: Councilmembers: Malcolm, McCandliss ABSTAIN: Councilmembers: None ATTEST: verly ~. Auth et, city Clerk'~ / STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO } ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 15749 was duly passed, approved, and adopted by the City Council of the City of Chula Vista, California, at a regular meeting of said City Council held on the 7th day of August, 1990. Executed this 7th day of August, 1990.