HomeMy WebLinkAboutORD 0999ORD 0999 pT3 (Ìì Ý × ORDINANCE NO. 999
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BALDWIN PARK AMENDING ORDINANCE
NO. 942, REGARDING THE FRANCHISE FOR A
CABLE TELEVISION SYSTEM GRANTED TO UNITED
CABLE TELEVISION OF BALDWIN PARK, INC.
WHEREAS, pursuant to Ordinance No. 942 of the City
of Baldwin Park City"), United Cable Television of Baldwin
Park, Inc. United"), was granted a cable television
franchise to construct, operate and maintain a cable
television system to serve the City;
WHEREAS, Ordinance No. 942 required that United
complete construction of the cable television system no
later than February 1, 1988;
WHEREAS, United has requested that the time to
complete construction of the system be extended to August 1,
1988;
WHEREAS, United contends in its application for
extension that the delay in completion of construction is
due to no fault of its own;
WHEREAS, the City and United have not come to an
agreement regarding whether the construction delays are not
due to the fault of United, but the City and United wish to
resolve the question of when the system is to be completed;
and,
WHEREAS, the City is willing to grant an extension
of time to complete construction of the system, subject to
certain conditions set forth herein, which United accepts;
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK DOES ORDAIN AS FOLLOWS:
SECTION 1. Paragraph 9 of Ordinance No. 942 is
amended to read as follows:
9. Construction of System. Time. Upon the
effective date of this Franchise, Grantee shall
diligently proceed to obtain all necessary permits
and authorizations necessary to construct and
operate the Cable Television System, including
encroachment permits from the City, County, State
or Federal governments, as required. Grantee shall
forthwith proceed or continue to proceed with
construction to full completion. Said System
construction shall be completed no later than
August 1, 1988 and in'accordance with the
construction schedule contained in Exhibit C".
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ORD 0999 pT3 (Ìì Ý × SECTION 2. Paragraph 1 of Exhibit C to
Ordinance No. 942 is amended to read as follows:
1. Constructive Schedule. Service will be
available to all residents within the Franchise
area no later than August 1, 1988•"
SECTION 3. Paragraph 6 of Ordinance No. 942 is
amended to read as follows:
6. Reimbursement jf: City Expenses, The Grantee,.
within sixty 60) days after receipt from the City
of a written itemization, shall reimburse the City
for its reasonable costs incurred during the
franchise process to the extent not recovered by
application fees, not to exceed Eight Thousand Five
Hundred Dollars $8/500.00).
In addition. Grantee shall reimburse the City for
all reasonable expenses incurred for consulting
services to monitor and inspect the cable
television system, including but not limited to
construction progress, system performance,
technical standards, and Grantee compliance with
all franchise requirements, for the period from
February 1, 1988 through the completion of
construction."
SECTION 4. The following subparagraphs are
added to Paragraph 11 of Ordinance No. 942, to read as
follows:
D. At the time service becomes available to all
residents within the Franchise area. Grantee shall
provide two separate days of cable orientation
conferences. One day will be a conference for
government and other officials; the second day will
be a Cable Fair Grand Opening") for the residents
of the City.
E. Grantee shall host additional, annual Cable
Fairs during the franchise term to orient new
residents, businesses and other as to the cable
services available.
F. Upon request of and at no cost to the City,
Grantee shall permit the City to include
informational materials in Grantee's subscriber
billings. The City shall prepare such
informational materials to whatever physical
specifications Grantee requires for inclusion in
the billings."
SECTION 5. The following subparagraph is added
to Paragraph 12 of Ordinance No. 942, to read as follows:
*B. Grantee will provide all City subscribers with
state of the art two way" cable converters for the
lowest rate it charges for ordinary converters in
the cities of Hacienda Heights, Pico Rivera, La
Puente or South Whittier. To the extent that this
comparable rate provision is inconsistent with
Section 623 of the Federal Cable Communication
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ORD 0999 pT3 (Ìì Ý × Policy Act of 1984 47 USC 543), Grantee
specifically waives its right to rate deregulation
under Federal law as to such rates.
SECTION 6. Paragraph 2 of Exhibit B to
Ordinance No. 942 is amended to read as follows:
2 * Cable Casting Facilities:
a) Grantee shall provide adequate PEG Access
facilities/ equipment and staff to met community
demand. As part of its obligation to provide
facilities for PEG Access/ Grantee shall provide a
fully-equipped Local Origination/PEG Access studio
with two character generators. The Studio shall be
located within City boundaries and be fully
operational and available for use no later than
twenty-four 24) months from the effective date of
the Franchise. As part of its obligation to
provide equipment for PEG Access, Grantee, at a
minimum, shall spend One Hundred Thousand Dollars
$100,000.00) on equipping the Studio with video
equipment over the life of the Franchise. Grantee
shall spend initially Thirty Five Thousand Dollars
$35,000.00) on equipment. It shall be the City
Manager's sole discretion to determine in what
stages the Grantee shall spend the remaining Sixty-
Five Thousand Dollars $65,000.00) on equipment.
The City Manager shall pre-approve all equipment
purchases of the remaining Sixty-Five Thousand
Dollars $65,000.00).
It shall be within the City Manager's
discretion to determine if community demand
necessitates that the Grantee provide PEG Access
equipment in excess of the One Hundred Thousand
Dollar $100/000.00) minimum, or otherwise provide
PEG Access facilities or staff beyond that which
the Grantee initially provides. If the Grantee
wishes to appeal the City Manager's decision to
require additional PEG Access facilities, equipment
or staff, it may request a public hearing before
the City Council. Following said public hearing,
the City Council may modify or affirm the City
Manager's decision.
b) Grantee shall maintain and replace the
equipment described in Paragraph 2(a) above, for
the life of the Franchise.
c) Grantee shall provide additional
character generators as additional PEG Access
channel capacity is requested by the City pursuant
to Section 11C.
d) Grantee shall make reasonable
arrangements, upon advance request by the City, for
access to the studio facilities in the local
business office during those times when the office
is not manned by Grantee's personnel. Such
arrangements shall be finalized no later than
August 1, 1988."
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ORD 0999 pT3 (Ìì Ý × SECTION 7. The extension to the construction
schedule granted at Sections 1 and 2 of this Ordinance does
not effect the liquidated damages provisions specified in
Ordinance No. 942.
SECTION 8. Grantee shall execute an Acceptance
of this Franchise Amendment substantially in the form
attached hereto as Exhibit x\.
SECTION 9. The City Clerk shall certify to the
passage and adoption of this Ordinance and shall cause the
same to be published according to law.
APPROVED AND ADOPTED this 2nd day of Novembey
1988.
ATTEST;
CITY/CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES) SS:
CITY OF BALDWIN PARK
I, LINDA L- GAIR, City Clerk of the City of Baldwin Park,
do hereby certify that the foregoing Ordinance No- 999 was
regularly introduced and placed upon its first reading at a
regular meeting of the City Council on October 19, 1988,
That, thereafter, said Ordinance was duly approved and
adopted at a regular meeting of the City Council on November
2, 1988, by the following vote:
AYES COUNCILMEMBERS MCNEILL IZELL LOWES MAYOR KING______
NOES COUNCILMEMBERS NONE_________________________________
ABSENT: COUNCILMEMBERS GIBSON
GAIR, CITY CLERK
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