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Home My WebLink AboutRES CC 1984 117 1984 0718RESOLUTION NO. 84- 117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING RESOLUTION NO. 84 -99, ADOPTED JUNE 6, 1984, AWARDING TO MOUNTAIN MEADOWS CABLE TELEVISION A FRANCHISE TO OPERATE A COMMUNITY ANTENNA TELEVISION SYSTEM WITHIN THE CITY OF MOORPARK. THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, FIND, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That Section 1 of Resolution No. 84 -99, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AWARDING TO MOUNTAIN MEADOWS CABLE TELEVISION, A CALIFORNIA LIMITED PARTNERSHIP, A FIFTEEN (15) YEAR NON- EXCLUSIVE FRANCHISE TO CONSTRUCT, OWN, OPERATE AND MAINTAIN A COMMUNITY ANTENNA TELEVISION SYSTEM WITHIN THE CITY OF MOORPARK, CALIFORNIA; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANTING OF SAID FRANCHISE, passed and adopted on June 6, 1984, be and the same is hereby amended to read as follows: "SECTION 1. PURPOSE AND INTENT "California Government- Code Section 53066 authorizes any city in the State of California to authorize by franchise or license the construction of a community antenna television system. Such franchises or licenses authorize the operator of the commun- ity antenna television system to physically occupy and use for fixed periods of time present and future public rights -of -way or other public places in the city. Mountain Meadows Cable Television, a California limited partnership ( "Grantee "), is an affiliate of UWC- Moorpark Investors, Ltd., a California Limited partnership ( "Investors "), which holds fee title to all. of the real property in the City of Moorpark (sometimes herein referred to as the "City ") described in Exhibit. "A" attached hereto and incorporated by reference (the "Iroperty ") , and an affiliate of Urban West Communities, a California corporation, which is the grantee of a non - exclusive ea>em(nt, recorded in the Official Records of Ventura County, California, on June 10, 1983, as Instrument No. 61657, over .-311 )i t::e Property for the purpose of installation, operation, repair, maintenance and replace- ment of a community antenna cable Lelevision system to serve individuals residing -)n sa Ld Property. The City desires to regulate use of said cable television system on the Property, to establish certain protections of the public interest and the City's interests, and to regulate the use by Grantee of dedicated public rights -of -way on the Property which have been accepted by the City." SECTION 2. That Section 2 of said Resolution No. 84 -99 be and the same is hereby amended to read as follows: "SECTION 2. GRANT OF NON - EXCLUSIVE FRANCHISE "A non - exclusive franchise to construct, operate, and maintain a cable television system serving the Property described in "Exhibit "A" for a term of fifteen (15) years from the effec- tive date hereof is hereby granted to Grantee, with all the rights and privileges and subject to each and all of the terms and con- ditions of this Resolution. For the purposes of this Resolution, "Cable Television System" means a system of antennas, cables, conduits, manholes, wires, lines, towers, waveguides, microwave, laser beam, fiber optics, master antenna system, satellite or any other conductors, converters, equipment or facilities designed and constructed for the purpose of producing, receiving, am- plifying and distributing audio, video and other forms of electronic or electrical signals;, located in the City of Moorpark and constructed or used for on(- or more of the following purposes: "(1) Collecting and amplifying local and, distant broad- cast television or radio signals and distributing and trans- mitting them; "(2) Transmitting original cablecast programming not received through television broadcast signals; "(3) Transmitting television pictures, film and video- tape programs not received through broadcast television signals, whether or not encoded or processed to permit reception by only selected receivers; "(4) Transmitting and receivir(i all. other signals: Digital, voice and audio - visual" SECTION 3. That Section 8 of said Resolution No. 84 -99 be and the same is hereby amended tO read as follow=s: "SECTION 8. RATE, SCHEDULE "(a) Subject to the express provisions of this Section 8, the rate to be charged to subscribers to the Cable Television System for 'Basic Cable Service' (i.e. the public channels broadcast from Mount Wilson enumerated in Section 7.4 and the community access channel) shall be regulated by the City. Such rates shall -2- be uniformly applied to all subscribers. The rates to be charged for Basic Cable Service for the first year following the date the Cable Television System is fully operative as to the first dwelling unit on the Property, for which a certificate of occupancy is issued by the City, shall be comparable to those offered by Storer Cable Television in the City of Moorpark. The current Storer rates are as follows: For 21 channel capacity, including 12 local channels and 9 satellite services (satellite services to be based on community demographics and preference) the rate is $8.50 per month for the first outlet, plus $2.50 per month for each convertor, and $2.00 per month for each additional outlet. Provided Grantee is performing its duties and obligations in accordance with the terms of this Resolu- tion, the initial rates charged to subscribers to the Cable Television System for Basic Cable Service may be annually increased upon obtaining prior written approval from the City Council. for such increase. In no event shall the rate for Basic Cable Service ever be less than $8.50 per month. "(b) Provided the Basic Cable Service being provided by Grantee is at least equal to the Basic Cable Service then being provided in the City by the major cable television firm serving elsewhere in the City of Moorpark, the City shall permit Grantee to charge a rate for Basic Cable Service at least equal to the rate charged by said firm for Basic Cable Service in the City. Unless otherwise agreed by the City, all other installation charges and equipment deposits and rents imposed upon or assessed against subscribers to the Cable Television System shall at all times be less than or equal to the fees, charges or deposits imposed or assessed for such comparable items by the major cable television firm in the City hereinabove mentioned. Grantee shall make available to subscribers, at a reasonable cost, locking keys (parental control devices) designed and intended to control the use of premium pay services, such as movie, music and adult cable channels." SECTION 4. That Section: 9.3 of said Resolution No. 84 -99 be and the same is hereby _imenciod t read (.is fol lows : "SECTION 9.3 EQUIPMENT DONATION. "Franchisee shall make: a d0natlon to the Moorpark Unified School. District of educational video and /or computer equipment of $5,000 in value within 30 dIiys after the hook -up of the 300th dwelling unit on the Property and shall make another donation to the Moorpark Unified School District of educational video and /or computer equipment of $5,000 in value within 30 days after the hook -up of the 600th dwelling unit on the Property, said computer equipment to be of the make, type and model designated by said -3- SECTION S. That Section 11 of said Resolution No. 84 -99 be and the same is hereby amended to read as follows: "SECTION 11. REMOVAL OF CABLE TELEVISION SYSTEM "Within ninety days after expiration of the franchise, or termination thereof pursuant to Section 10, Grantee or its contractors may begin removal without expense to the City of any or all facilities and equipment maintained pursuant to the terms of the franchise. If such removal is not completed within one hundred and eighty (180) days or any additional period granted by the City, Grantee shall be deemed to elect not to exercise the right to remove the facilities which Grantee has installed and maintained in exercise of its franchise rights. "The ownership of the cable television system wiring on private property is understood to be on the same basis as other utility wiring. The wiring attached to and within the dwelling unit belongs to tl-.e property owners, and the wiring extending from the property boundary to the dwellinq unit belongs to Mountain Meadows C:ii-): (-:> `:'el-evision. " SECTION 6. That this re:,O' ut� -on shell take effect immediately. PASSED AND ADOPTED this 18th :lay of July, 1984. ATTEST: 0 -4- STATE OF CALIFORNIA ) COUNTY OF VENTURA } SS. CITY OF MOORPA R K ) I, DORIS D. BANKUS , ( "Wv Clerk of the City of Moorpark, California, do hereby certify that the foregoing Resolution No. 84 -117 was adopted by the Cite C011l]CH Of the City of Moorpark at a regular nl-2eting thereof held oil the 18th d Iy of July , 19 84—, and that U!,(2 Was <l(JOj)ted by the following Vote, to wit: AY1:S: Councilmembers Straughar Harper and Beaulieu; NO1?S: Councilmember Prieto and Mayor Yancy- Sutton; AMENT: None. WITNESS my hand and the Official sell Of said City this 18th day of July 19 8µ t :Ill' CI .l R K