HomeMy WebLinkAboutReso 1991-16340 RESOLUTION NO. 16340
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA NOTICING CHULA VISTA CABLE OF A "RENEGOTIATION
INTERVAL" PURSUANT TO SECTION 3.B.(1) OF THE FRANCHISE
AGREEMENT
The City Council of the City of Chula Vista does hereby resolve as follows:
WHEREAS, following a public hearing on September 15, 1987, the City Council
granted a cable television franchise to Ultronics, Incorporated pursuant to
Article XII of the City Charter; and,
WHEREAS, subsequently, on June 13, 1989, the City Council approved an
assignment of the Cable Television Franchise from Ultronics to Chula Vista Cable;
and,
WHEREAS, Section 5 of the Franchise Agreement requires the Grantee (Chula
Vista Cable) to pay to the City a sum of 3 percent of the total gross receipts
of the Grantee on a quarterly basis; and,
WHEREAS, Grantee has been in arrears in payment of its franchise fees and
was asserting that the amount paid by them in possessory interest taxes to the
County of San Diego should offset the franchise fees due the City; and,
WHEREAS, staff disagreed with that position and has been meeting and
negotiating with Grantee to resolve the issue; and,
WHEREAS, the proposed Settlement Agreement, Release and Modification
established a payment schedule for past due franchise fees from Grantee and makes
it clear that possessory interest taxes are the sole responsibility of Chula
Vista Cable; and,
WHEREAS, the Franchise Agreement provides that the Agreement will be
subject to a "Renegotiation Interval" every five years and renegotiation may be
initiated upon written notice given by the City or Grantee to the other not less
than one year prior to the Renegotiation Interval.
BE IT FURTHER RESOLVED that the City of Chula Vista does hereby provide
notice to Chula Vista Cable of a "Renegotiation Interval" pursuant to Section
Resolution No. 16340
Page 2
3.B.(1) of the Franchise Agreement and the City Manager, or his designee, is
hereby directed to deliver such notice to Chula Vista Cable on behalf of the
City.
Presented by Approved as to ~rm by
Lym/~~ Chri stop~e!j~ o
Director of Finance City Attorney ~
Resolution No. 16340
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula
Vista, California, this lOth day of September, 1991 by the following vote:
AYES: Councilmembers: Grasser Horton, Moore, Rindone
NOES: Councilmembers: None
ABSENT: Councilmembers: Nader, Malcolm
ABSTAIN: Councilmembers: None
ATTEST:
Beverly A. ~uthelet, 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. 16340 was duly passed, approved,
and adopted by the City Council held on the lOth day of September, 1991.
Executed this lOth day of September, 1991.
Beverly ~/. Authelet, City Clerk