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Home My WebLink AboutRES CC 1998 1550 1998 1202RESOLUTION NO. 98 -1550 A RESOLUTION OF THE CITY COUNCIL MOORPARK, CALIFORNIA, AMENDING RE1c 99 BY APPROVING MODIFICATIONS TELEVISION FRANCHISE HELD BY EXPRESS LTD. AND EXTENDING FRANCHISE TO DECEMBER 20, 2000. OF THE CITY OF >OLUTION NO. 84- TO THE CABLE ENTERTAINMENT SAID MODIFIED WHEREAS, Mountain Meadows Cable Television / Entertainment Express Ltd. has been granted a non - exclusive franchise to provide a cable television service within the City of Moorpark; and WHEREAS, said franchise is scheduled to expire on June 10, 1999; and WHEREAS, Entertainment Express Ltd. has made application to the City for an extension of said franchise to permit a transfer of ownership of said franchise; and WHEREAS, the City Council Cable Franchise Ad Hoc Committee has reviewed the application request and has made a recommendation that the franchise be extended subject to certain amendments to said franchise. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. amended by said hereby amended to That Section 2 of Resolution 84 -99, as Resolution No. 84 -117, be and the same is 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 ", until 11:59 p.m. December 20, 2000 is hereby granted to Grantee, with all the rights and privileges and subject to each and all of the terms and conditions of this Resolution. For the purposes of this Resolution, "Cable Television System" means a system of antennas...." Resolution No. 98 -1550 Page 2 SECTION 2. That Section 5 of said Resolution No. 84- 99 be and the same is hereby amended to read as follows: "SECTION 5. DURATION OF GRANT The term of the franchise shall be from the Effective Date to 11:59 p.m. on December 20, 2000. The franchise shall be effective on...." SECTION 3. That Section 7.8 to said Resolution No. 84 -99 be and read as follows: "SECTION 7.8 CHANNEL 10 Grantee shall assure that continuous and good quality transmission of a Channel 10 signal (consistent with the quality of the signal received by Grantee) is provided and maintained to all subscribers and that such transmission is included in `Basic Cable Service'." SECTION 4. That Section 9.1 of said Resolution No. 84 -99 be and the same is hereby amended to read as follows: "SECTION 9.1 AMOUNT OF FEE Grantee and its successors and assigns shall, during the life of the franchise, pay to the City three percent (3%) of gross annual collected receipts of the Cable Television System; provided, however, effective January 1, 1999, the Grantee and its successors and assigns shall, during the then remaining life of the franchise, pay to the City five percent (50) of gross annual collected receipts of the Cable Television System...." SECTION 5. That Section 9.4 to said Resolution No. 84 -99 be and read as follows: "SECTION 9.4 CHARACTER GENERATOR SYSTEM Grantee shall make a one -time payment of twenty thousand dollars ($20,000.00) to cover City's administrative costs for the extension Resolution No. 98 -1550 Page 3 review. Such payment shall be due on the adoption of this Resolution and shall be expended at the City's sole discretion." SECTION 6. That Section 16 of said Resolution No. 84 -99 be and the same is hereby amended to read as follows: "SECTION 16. RENEWAL On or before June 30, 1999, Grantee shall notify the City, in writing, of its intent, if any, to renew the franchise. Failure to so notify shall constitute a waiver of any and all rights Grantee may have as to renewal. Grantee and City agree to each use their best efforts to implement and develop an informal renewal procedure that is fair to Grantee and to the City upon Grantee giving the City its notice of intent to renew. Except as provided above, no other renewal rights shall be conferred upon or waived by either party consequent to Grantee notifying the City of its intent to renew. Except as provided above, no other renewal rights shall be conferred upon or waived by either party consequent to Grantee notifying the City of its intent to renew. Nothing in this Section 26 shall be construed so as to limit the City's ability to ensure cable television throughout the service area." SECTION 7. That Section 23 of said Resolution No. 84 -99 be and the same is hereby amended to read as follows: "SECTION 23. CHANGE OF OWNERSHIP OF FRANCHISE Grantee's ability to provide cable television to subscribers within its service area, the level of its corporate goodwill, and its management structure are unique and constitutes material consideration in the City's decision to grant this franchise. As such, the franchise shall not be assigned, transferred, sold or otherwise subjected to a change of ownership or control without the prior approval of the City Council. In the event the City Council does allow the franchise to be assigned, transferred, sold or otherwise subjected to a Resolution No. 98 -1550 Page 4 change of ownership or control, then an administrative fee of fifteen thousand dollars ($15,000) shall be assessed and become due ten (10) days after said approval by the City Council." SECTION 8. That in consideration of the granting of the franchise extension, Mountain Meadows Cable Television /Entertainment Express Ltd. shall, as has agreed to, adhere to the following conditions: 1. The conditions set forth in this resolution shall be strictly adhered to. 2. Entertainment Express Ltd. shall proceed with the application for a change of ownership to a major national cable provider, and that said application is to be submitted to the City no later than January 15, 1999. 3. Entertainment Express Ltd. shall add six (6) channels to its basic service at no additional cost to subscribers (Cartoon Network, Comedy Channel, E., Sci -Fi, Animal Planet and Golf Channel). 4. No rate increase shall take place during the 1998 -99 cycle. S. A direct cult established subscribers. 6. Entertainment contribution improvements than December omer service tel to handle Express Ltd. to the City in the amount 22, 1998. ephone line is to be complaints from shall provide a for cable related of $9,000 no later 7. No later than July 1, 1999 a local office is to be established within a commercial zoned area with hours of operation consistent with Federal Communications Commission guidelines. 8. Cable service to the three (3) public schools located within the Entertainment Express Ltd. service area shall be guaranteed within ninety Resolution No. 98 -1550 Page 5 (90) calendar days of the effective date of this resolution. SECTION 9. This Resolution shall be in full force and effect upon approval of the City Council. SECTION 10. That the City Clerk shall certify to the adoption of this Resolution and shall present a certified copy of same to Entertainment Express, Ltd. PASSED AND ADOPTED this 2nd say--Zvf December Y998. atrick tinter, Mayor ATTEST: Resolution No. 98 -1550 Page 6 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Deborah S. Traffenstedt, City Clerk Moorpark, California, do hereby certify perjury that the foregoing Resolution adopted by the City Council of the City meeting held on the 2nd day of December, same was adopted by the following vote: AYES: Councilmembers Evans, Mayor Hunter NOES: None ABSENT: None ABSTAIN: Councilmember Rodgers of the City of under penalty of No. 98 -1550 was of Moorpark at a 998, and that the Harper, Wozniak and WITNESS my hand and the official seal of said City this 14th day of December, 1998. CJ �_ Deborah S. TraffenstWdt, City Clerk (seal)