No preview available
5654ORDINANCE NO. 5654 AN UNCODIFIED ORDINANCE OF THE CITY OF ANAHEIM EXTENDING FOR FOUR YEARS THE NONEXCLUSIVE FRANCHISE PREVIOUSLY GRANTED TO STORER CABLE T.V., INC., HERETOFORE ASSIGNED TO M.L. MEDIA PARTNERS, L.P., AND THEN TO CENTURY VALLEY CABLE CORPORATION FOR THE LAYING AND USE OF LINES, WIRES, COAXIAL CABLE AND APPURTENANCES FOR TRANSMITTING, RECEIVING, DISTRIBUTING AND SUPPLYING RADIO, TELEVISION AND OTHER CABLE COMMUNICATION SERVICES ALONG, ACROSS AND UPON THE PUBLIC STREETS, WAYS, ALLEYS, AND PLACES WITHIN THE CITY OF ANAHEIM. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN AS FOLLOWS: LEGISLATIVE FINDINGS The City Council finds and declares as follows: 1. The City Council of the City of Anaheim did adopt uncodified Ordinance No. 4087 setting forth the terms and conditions of a cable television franchise and awarding said cable television franchise to Storer Cable TV, Inc. ("Storer"). 2. Said Ordinance No. 4087 has been amended by Ordinances Nos. 4214, 4268,4353, 4788, and 5460 (which six ordinances are collectively referred to herein as the "Franchise"). 3. Said Franchise has been transferred to M.L. Media Partners, L.P. and further transferred to Century Valley Cable Corporation (hereinafter Grantee). 4. The City of Anaheim and the Grantee now desire to extend the existing Franchise for a term of four (4) years from the date of adoption of this Ordinance, or December 1, 2002, whichever occurs first. ECTION The Franchise is hereby extended for four (4) years by amending Paragraph (b) of Section 8 of Ordinance No. 4087 thereof, entitled "Duration of Grant," to read as follows: "(b) The term of the franchise shall end on December 1, 2002; provided that upon written notice given by City or Grantee to the other not less than one (1) year prior to December 1, 2002, the terms and conditions of this ordinance may be subject to renewal and renegotiation as provided in Sections 1400, 1401, 1402, 1403, 1404, 1405, and 1406 of the City Charter for a succeeding fifteen (15) year term. Renegotiations shall be directed toward effecting alterations in the terms and conditions of the franchise in order to reflect those technical and economic changes which have occurred during the interim period. If renegotiation prior to the end of the term of the franchise does not result in agreement between the City and Grantee for a succeeding fifteen (15) year term, the franchise shall terminate without further action by City at the end of its first term." SECTION 2. Section a.(2) of Exhibit B of Ordinance No. 4788 is hereby amended to read as follows: " During normal business hours and under normal operating conditions, as the same terms are defined in Section 76.309 of the Federal Communications Commission Rules and Regulations, telephone an- swer time by a customer representative shall not exceed thirty (30) seconds when the connection is made. If the call needs to be transferred, the transfer time shall not exceed thirty (30) seconds. These standards shall be met no less than ninety (90) percent of the time during normal operating hours and under normal operating conditions, measured on a monthly basis." SECTION 3. Section 12 of Ordinance No. 4087 is hereby amended by adding thereto a new subsection (g) to read as follows: "(g) Grantee shall make available to City, at no cost, the opportunity to run twenty (20) per week, thirty (30) second non-commercial public service announcements to be aired by Grantee on those cable program services in which Grantee inserts local advertising. Scheduling of these public service announcements shall be done jointly between Grantee and City." SECTION 4. Section 12 of Ordinance No. 4087 is hereby further amended by adding thereto a new subsection (h) to read as follows: "(h) Within thirty (30) days of adoption of this Ordinance by City Council, Grantee shall pay to City, in good funds, Fifty Thousand Dollars ($50,000.00) and payments of Fifty Thousand Dollars ($50,000.00) each on June 30 of 1999, June 30 of 2000, June 30 of 2001, and June 30 of 2002, for a 2 total sum of Two Hundred Fifty Thousand Dollars ($250,000.00) (the "Community Fund Payment") to be used by City at its discretion for community service activities. (i) The Community Fund Payment is within the exclusions from the term "franchise fee" set forth in Section 622(8)(2) of the Cable Communications Policy Act of 1984 as amended (the "Cable Act") (47 U.S.C. Section 542 (g) (2) ) ; and (ii) The Community Fund Payment shall not be deemed to be in the nature of a tax, and shall be in addition to any and all taxes of general applicability or other fees or charges which from time to time Grantee may be required to pay to the City or to any state or federal agency or authority. (iii) The Community Fund Payment shall be fully made and borne by grantee exclusively. The cost of the Com- munity Fund Payment is deemed not to be a change or increase in franchise -related costs subsequent to the Effective Date of rate regulation in the City." SECTION 5. Paragraph 8 of that Agreement approved by Ordinance No. 5460 (the "Extension Agreement") is hereby incorporated into the franchise and shall survive expiration of the Extension Agreement until two (2) years subsequent to the expiration of the express term of the franchise, as extended. Upon the initiation of a renewal proceeding in relation to the extended franchise, the City shall be entitled to reimbursement of its actual costs in relation to said renewal proceeding up to the limit set forth in Paragraph 8 of the Extension Agreement, less amounts prior reimbursed and credited against the reimbursement limit pursuant to Paragraph 8 of the Extension Agreement. SECTION 6. Grantee may accept the extension of the Franchise authorized by this ordinance by delivering to the City Clerk a letter, signed by an authorized representative of Grantee, stating that (1) Grantee accepts the extension of the Franchise upon all the terms and conditions of the original Franchise and of this ordinance including, but not limited to, provisions relating to indemnification and insurance, and (2) such indemnification and insurance obligations of Grantee shall extend also to any and all damages, penalties and liabilities for which the City of Anaheim may become obligated to a third party as a result of the adoption of this ordinance, and any and all costs and expenses incurred by the City in defending itself 3 with regard to any and all damages, penalties and liabilities mentioned above. SECTION 7. This ordinance shall become effective thirty days after its adoption. SECTION 8. The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination here from of any such portion as may be declared invalid. SECTION 9. Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. THE FOREGOING ORDINANCE is Council of the City of Anaheim this ATT!SJA <5~�� CITY LERK OF THE CITY OF AN IM 0028236.03 -1 1 M approved and adopted by the City 15th dam of cember 1998. MAY R�OF THE CITY OF AYHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5654 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 8th day of December 1998, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 15th day of December, 1998, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5654 on the 15th day of December, 1998. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 15th day of December, 1998. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Ordinance No. 5654 and was published once in the North County News on the 24th day of December, 1998. CITY CLERK OF THE CITY OF ANAHEIM I PROOF OF PUBLICATION STATE OF CALIFORNIA, ) ss. County of Orange, ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of twenty one years, and not a parry to or interested in the above entitled matter. I am the principal clerk of the Anaheim Bulletin, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: December 24, 1998 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Date December 24, , 1998 Signature Anaheim Bulletin 1771 S. Lewis St. Anaheim, CA 92805 (714) 634-1567 This space is for the County Clerk's Filing Stamp $, Proof of Publication of °ed I+ saa �8, th* g with thN v$ted on adoption of this Ordtndrtce with Council fb8owln© result. Ayes: Feldhous, Krlhg, McCracken, Tait, and DOW Noes: . None Abstain: None Absent: None This Is an ordinance approving a four year franchise agreement with Century Valldy ample Corporation and Century "Communiooflons Corporation pursuant to Ordinance No. 4087, as transferred and amended, and setting forth other agreements of the parties. if you wish a full copy of the text of the above Ordinanco, leaseClerk of Anaheim, C765 all 666, between the Office Of 8 00 a.m. and 5:00 P.M. Monday through Frldoy. There is no charge for the copy. Publish: Anaheim Bulletin December 24, 1998 2b-1890 CGU200200 PROOF OF PUBLICATION