HomeMy WebLinkAboutORD 179 1993 0922ORDINANCE NO. 179
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF MOORPARK EXTENDING THE COMPLETION DATE FOR
REBUILDING THE CABLE TELEVISION SYSTEM OWNED
AND OPERATED BY THE CHRONICLE PUBLISHING
COMPANY.
WHEREAS, on November 21, 1990, the City of Moorpark ( "City ")
adopted Ordinance No. 134 granting The Chronicle Publishing
Company ( "Chronicle "), doing business as Ventura County
Cablevision ( "VCC"), a renewal of its cable television franchise
and under which Chronicle was granted the right to construct,
operate and maintain a cable television system within the City
for a term of ten years; and
WHEREAS! Chronicle agreed to rebuild its cable television
system serving the City to a bandwidth of 450 MHz with a capacity
of sixty (60) channels on or before December 31, 1993; and
WHEREAS, Chronicle desires to construct a state -of- the -art
cable television system in Moorpark utilizing fiberoptic
technology designed to allow the delivery of up to seventy -seven
(77) channels of programming; and
WHEREAS, Chronicle has requested that the period for
completion of the rebuild of its cable television system be
extended to September 30, 1994 to allow sufficient time to
design, construct and make operational such a state -of- the -art
system in the City.
NOW, THEREFORE, the City Council of the City of Moorpark
does ordain as follows:
SECTION 1. Section 7(b) of Ordinance No. 134 is
amended in its entirety to read as follows:
"(b) Channel Capacity. By no later than
September 30, 1994, Grantee will rebuild its
cable television system located in the City
utilizing a hybrid fiberoptic /coaxial design
with a bandwidth capable of delivering
signals at frequencies up to 550 MHz having a
capacity of up to seventy -seven (77) channels
with each channel having a bandwidth of up to
six (6) MHz."
"In addition, Grantee
reasonable efforts to
receive site located
fiberoptic link from
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August 26, 1993
shall use its
replace the microwave
in the City with a
the City to the system
headend. This obligation shall be subject to
availability of easements upon reasonable
terms and conditions and Force Majeure, as
defined at Section 5.06.330 of the Chapter.
The obligation of Grantee to replace the
microwave receive site located in the City
with a fiberoptic link need not be completed
by September 30, 1994, but may be completed
within such additional period as is
reasonably required by Grantee based upon
technological considerations, availability of
financing, operational requirements and the
ability to secure routings for such link upon
reasonable terms and conditions."
"Completion of the system rebuild shall be
understood to mean that the cable system's
distribution plant located within the City is
capable of carrying the number of channels
passing video signals at carrier frequencies
as specified above. Completion of the system
rebuild shall not be understood to require
that VCC (i) engineer the system headend,
receive sites or nodes to accommodate
additional channels or (ii) activate or
program additional channels at such point as
the cable system has been rebuilt in
accordance with the requirements of this
Section."
SECTION 2. Section 7(e) of Ordinance No. 134 is amended in
its entirety to read as follows:
"(e) Standby Power. VCC shall provide a
minimum of 72 hours of standby power
generating capacity during utility power
outages at its system headend and microwave
receive sites. Standby power generating
capacity at microwave receive sites located
within the City maybe provided through the
use of portable generators and need not be
provided by permanent facilities located at
such sites. VCC shall design and construct
the rebuilt system so as to provide
continuous service to all parts of the City
supplied with utility - provided electricity,
such that the loss of cable signal due to the
loss of power to a node or amplifier site
shall not cause a loss of cable service to
areas of the City that have electrical power.
In its discretion, City may, upon 60 days
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August 26, 1993 2
written notice, require VCC to install
standby power in those areas of the
distribution system where the City
demonstrates the cable system does not meet
the above standard for a minimum of thirty
(30) homes passed."
SECTION 3. Sections 5.06.530 and 5.06.532 of the Moorpark
Municipal Code are amended in their entirety to read as follows:
"Section 5.06.530 Technical Standards:
Grantee shall comply with all applicable
provisions of Part 76, subpart K (Technical
Specifications) of the FCC's Rules and
Regulations, as amended (hereinafter referred
to as the "FCC Technical Specifications ")."
"Section 5.06.532 Performance Testing:
Grantee shall perform all proof of
performance tests required pursuant to the
FCC Technical Specifications."
SECTION 4. Section 7(f) of Ordinance No. 134 is amended in
its entirety to read as follows:
"(f) Applicable Technical Standards. VCC
shall rebuild the cable system to comply with
all applicable provisions of Part 76,
Subpart K of the FCC's Rules and Regulations,
as amended (hereinafter referred to as the
"FCC Technical Specifications ")."
"Should the FCC allow local regulation of the
technical specifications of cable systems or
should the FCC discontinue regulating the
technical performance of cable systems, the
FCC Technical Specifications in effect
immediately prior to the date of any such
action by the FCC allowing for such local
regulation or discontinuing such regulation,
shall become the technical specifications
applicable to VCC's cable system for the
remainder of its franchise term, and no
greater technical specifications or standards
shall be imposed by the City over the course
of such franchise term."
SECTION 5. Section 7(g) of Ordinance No. 134 is deleted in
its entirety.
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August 26, 1993 3
SECTION 6. Reimbursement of City Expenses. Chronicle shall,
within ten (10) days after the effective date of this Ordinance,
reimburse the City its reasonable costs, including consultant and
attorney fees, incurred in preparing this Ordinance, not to
exceed Two Thousand Dollars ($2,000.00).
PASSED, APPROVED AND ADOPTED THIS 22nd day of SEPTEMBER ,
1993.
r �
Paul W. L rason Jr., Mayor
ATTEST:
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August 26, 1993
4
�V
MOORPARK
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Lillian E. Hare, City Clerk of the City of Moorpark,
California, do hereby certify under penalty of perjury that
the foregoing Ordinance No. 179 was adopted by the
City Council of the City of Moorpark at a meeting held on
the 22nd_ day of SEPTEMBER , 1993, and that
the same was adopted by the following vote:
AYES: COUNCILMEMBERS HUNTER, MONTGOMERY, PEREZ, WOZNIAK AND MAYOR LAWRASON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
WITNESS my hand and the official seal of said City
this 23rd day of SEPTEMBER 1993.
i11ian E. Hare
City Clerk
PAUL W ( AWRASON JR SCOTT MONTGOMERY PATRICK HUNTER BERNARDO M PEREZ JOHN E WOZNIAK
Mayor Mayor Pro Tem Counalmember Counalmember Counalmember