HomeMy WebLinkAbout1986 025 CC RESO1986 025 CC RESO ;¢fì ú 4 RESOLUTION NO. 86-25
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BALDWIN PARK DECLARING ITS
INTENTION TO AWARD A NONEXCLUSIVE FRANCHISE
FOR THE CONSTRUCTION AND OPERATION OF A
CABLE TELEVISION SYSTEM TO UNITED CABLE
TELEVISION OF BALDWIN PARK, INC.
WHEREAS/ Chapter 5.24 of the Baldwin Park
Municipal Code authorizes the City Council to issue
nonexclusive franchises to construct, operate and maintain
cable television systems within the City of Baldwin Park;
and
WHEREAS, the City desires to award a cable
television franchise for a system which provides tiers or
packages of services that will permit the broadest range of
choices that are economically and technically feasible; the
ability to accommodate a broad range of potential future
services such as alarm monitoring/ energy management,
utility meter reading, and teleconferencing; channels for
leased access; residential services offered to all residents
of Baldwin Park at standard installation charges and monthly
rates; high-quality service on a 24-hour per day/ seven day
per week basis; accessibility and responsiveness to
subscribers regarding service concerns and potential
complaints; protection of subscriber privacy; and public ac-
cess facilities and equipment for use by the community/ and
appropriate maintenance and replacement of such equipment;
and
WHEREAS/ the City issued a Request for Proposals
for such a cable television system on May 25, 1984 and
received one proposal/ from United Cable Television of Los
Angeles/ Inc., by the deadline date of August 7/ 1984; and
WHEREAS, the City's requirements as described in
that certain Request for Proposals dated May 25, 1984 have
been revised to comply with provisions of the Federal Cable
Television Policy Act of 1984/ and City staff, the City's
cable television consultant, the City Attorney, and repre-
sentatives of United Cable Television have negotiated a
cable television system to be provided by the applicant
which will meet the community's needs; and
WHEREAS, the City Manager has filed a report with
the City Council and the applicant which recommends award of
the franchise.
NOW, THEREFORE/ the City Council of the City of
Baldwin Park hereby resolves/ determines/ and orders as
follows:
SECTION 1. The Baldwin Park City Council does
hereby declare its intention to award a nonexclusive
franchise to United Cable Television of Baldwin Park, Inc.,
a wholly-owned subsidiary of United Cable Television
Corporation, to construct/ operate and maintain a cable
television system in the City of Baldwin Park upon the terms
and conditions summarized in Exhibit A".
SECTION 2. A public hearing shall be conducted by
the City Council at 7 p.m. on Wednesday/ June 4/ 1986/ at
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1986 025 CC RESO ;¢fì ú 4 the City Council Chambers, 14403 E. Pacific Avenue, Baldwin
Park, to consider the granting of the franchise. At such
time the Council shall hear all interested persons.
SECTION 3. Copies of the application and the City
Manager's Report shall be available for public inspection at
the office of the City Clerk.
SECTION 4. The City Clerk shall publish this
Resolution at least once in a newspaper of general
circulation within the City at least ten 10) days prior to
said hearing.
SECTION 5. If after the public hearing the Council
determines that the application shall be granted/ such
Franchise shall be granted by ordinance, naming the grantee
and setting forth the conditions thereof.
1986.
PASSED, ADOPTED AND APPROVED tehis 7th day of May,
r^^J^
WHITE, MAYOR
ATTEST:
LIOTA L. GAIR, 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 Resolution
was duly and regularly approved and adopted by the City
Council of the City of Baldwin Park at its regular meeting
of the City Council on the 7th day of May, 1986, by the
following vote:
AYES:
NOES:
ABSENT:
KING, IZELL, MCNEILL AND MAYOR WHITE
NONE
GIBSON
LINDA L. GAIR, CITY CLERK
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1986 025 CC RESO ;¢fì ú 4 EXHIBIT A"
SUMMARY OF TERMS AND CONDITIONS
OF PROPOSED FRANCHISE AWARD
1) Franchise shall be for a period of 15 years; the
Franchise Service Area shall include all property
within the boundaries of the City of Baldwin Park.
2) The Cable Television System franchised shall be used
exclusively for the purposes expressly authorized by
the franchise ordinance.
3) Service shall be available to all residents no later
than 18 months from the effective date of the proposed
franchise; all construction shall be conducted in
accordance with the requirements and construction
schedule contained in the proposed franchise
ordinance.
4) Grantee shall operate and maintain the system
continuously on a 24-hour per day/ seven day per week
basis and shall provide City with reports and system
test results as required by the proposed franchise
ordinance.
5) Grantee shall maintain a local business office within
the City with a 24-hour toll free answering service
for service-related problem calls; and complaints must
be acknowledged by Grantee within 24 hours of receipt.
6) Residential Network shall have a 66-channel capacity
to subscribers and a 4-channel capacity from
subscribers; Grantee shall provide a sufficient
capacity to receive signals from all operational
communications satellites that generally carry pro-
grams carried by cable systems.
7) Grantee shall provide initial services and programming
as described in Exhibit E of the proposed franchise
ordinance. Grantee shall not reduce the number of ser-
vices without prior written notification to the City/-
however, Grantee may combine programming with
composite channels to improve efficiency of channel
utilization or to attract a larger audience.
8) Initial rates and charges shall be as specified in
Exhibit F of the proposed franchise ordinance.
Grantee must notify the City at least 30 days prior to
any increase in rates.
9) Grantee shall dedicate the following channel capacity
for public use: up to 7 channels or 10% of downstream
channel capacity on the residential network; and 1
upstream channel or 25% of the upstream channel
capacity of each trunk of the residential network.
Should cable television capability be expanded in the
future, additional channels shall be dedicated for
public use to total the above percentages. Grantee
may use unused channels until needed by City. An
Institutional Network will be provided upon
determination of need and economic feasibility.
10) Grantee shall provide free installation and monthly
basic cable services for one subscriber network drop
for each of those public institutions specified in
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1986 025 CC RESO ;¢fì ú 4 Exhibit D of the franchise ordinance; additional drops
shall be provided at Grantee's cost for time and
materials/ with monthly service charges equivalent to
the charge for additional outlets" in the Grantee's
rate schedule.
11) Grantee shall provide $100/000 for a local
origination/public, educational, and governmental ac-
cess studio which shall include cameras, editors,
playback equipment, lighting and two port-a-packs.
Grantee shall also provide a minimum of 2 and maximum
of 7 character generators and shall make available
Grantee's fully equipped mobile van for remote
productions in Baldwin Park. Grantee shall provide a
minimum of two free video training workshops annually
to train community and access users in cablecasting
techniques and equipment, provide an advertising and
promotional campaign to familiarize residents with the
cable system's access facilities; and develop and
implement a student internship program with local
schools.
12) Grantee shall provide the capability to transmit an
emergency alert signal to all participating
subscribers and an emergency audio override capability
to permit City to interrupt and cablecast an audio
message to all channels simultaneously in the event of
disaster or public emergency.
13) Grantee shall make available to all subscribers at a
reasonable cost parental control devices that control
the viewing of programming.
14) Grantee shall offer leased channel service at
nondiscriminatory rates and on reasonable terms and
conditions in accordance with applicable law.
15) Grantee shall pay to the City an amount equal to 5% of
the Grantee's gross receipts; City reserves the right
to increase the amount of the franchise fee imposed in
the event that it is determined the City has legal
authority to increase the fee over the sum of five
percent.
16) Grantee shall reimburse City for reasonable costs
incurred by City during the franchise process to the
extent not covered by application fees, not to exceed
$8,500.
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