HomeMy WebLinkAbout1365 - Community Antenna Television FranchiseORDINANCE NO. 1 3 6 5
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
AMENDING ORDINANCE NO. 1197 WHICH GRANTED
A NON - EXCLUSIVE FRANCHISE TO CONSTRUCT,
MAINTAIN AND OPERATE A COMMUNITY ANTENNA
TELEVISION SYSTEM TO WARNER BROS. TV SERVICES,
INC., A PREDECESSOR OF NEWPORT BEACH CABLEVISION,
INC., THE EXISTING FRANCHISE HOLDER
The City Council of the City of Newport Beach does
ordain as follows:
SECTION 1. Section 1 of Ordinance No. 1197 is hereby
amended to read as follows:
"SECTION 1. Definitions.
Wherever'in this ordinance the following words or
phrases are used, they shall have the respective meanings
assigned to them in the following definitions; and words or
phrases not defined in this section which are defined in any
(a) 'City' shall mean the City of Newport Beach in
its present incorporated form or in any later recognized,
consolidated, enlarged or reincorporated form.
(b) 'Council' shall mean the present governing
body of the City, or any future board constituting the
legislative body of the City.
(c) 'Person' shall mean any individual, firm,
partnership, association, corporation, company or organization
of any kind.
(d) 'Grantee' shall mean Newport Beach Cablevision,
Inc., its employees, agents, successors and assigns.
(e) 'Community Antenna Television System' or
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franchise
document shall have
the same meaning in this
ordinanc@ assigned to them in
the in which they are
such franchise document, unless
indicate
context
used shall clearly a.
different
meaning:
(a) 'City' shall mean the City of Newport Beach in
its present incorporated form or in any later recognized,
consolidated, enlarged or reincorporated form.
(b) 'Council' shall mean the present governing
body of the City, or any future board constituting the
legislative body of the City.
(c) 'Person' shall mean any individual, firm,
partnership, association, corporation, company or organization
of any kind.
(d) 'Grantee' shall mean Newport Beach Cablevision,
Inc., its employees, agents, successors and assigns.
(e) 'Community Antenna Television System' or
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'CATV System' shall mean a system of antennae, coaxial cables,
wave guides, poles, wires, underground conduits, manholes
and other conductors, equipment or facilities designed,
constructed or used for the purpose of providing television,
radio or other service by cable or through its facilities as
herein contemplated. CATV shall not mean or include the
transmission of any special program or event for which a.
separate and distinct charge is made to the subscriber in
the manner commonly known and referred to as 'pay television.'
(f) 'Subscribers' shall mean any person or entity
receiving for any purpose the CATV service of the Grantee
herein.
(g) 'Gross Annual Receipts' shall mean any and
all compensation in the form of gross rental and /or service
receipts, with the exception of initial installation charges,
received directly or indirectly from subscribers or users in
payment for CATV services and shall also include all revenues
received for advertising.
Gross annual receipts shall not include any
taxes on services furnished by the Grantee imposed directly
on any subscriber or used by any city, state or other govern-
mental unit and collected by the Grantee for such governmental
unit.
(h) 'Franchise Area' shall mean the territory
within the City throughout which Grantee shall be authorized
to construct, maintain and operate its system and shall
include any enlargements thereof and additions thereto.
(i) 'Franchise Documents' shall mean and shall
include all of the following:
• (1) Article Xiii of the Charter of the City
of Newport Beach.
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(2) Chapter 5.44 of Title 5 of the Newport
Beach Municipal Code as the same now exists or as it may
hereafter be amended.
(3) Any and all rules and regulations
governing the operation of CATV Systems within the City of
Newport Beach which are adopted by the City Council.
(4) The written acceptance of CATV Franchise
filed with the City by the Grantee.
(j) 'Street' shall mean the surface of and the
space above and below any public street, road, highway,
freeway, lane, path, alley, court, sidewalk, parkway, or
right of way whether or not improved, now or hereafter
existing as such throughout the City."
SECTION 2. Section 4 of Ordinance No. 1197 is amended
to read as follows:
"SECTION 4. Term of Franchise
The term of this franchise shall be twenty -five (25)
years, commencing on January 27, 1967."
SECTION 3. Section 12 of Ordinance No. 1197 is amended
to read as follows:
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"SECTION 12. Annual
Franchise Fee
The Grantee shall pay
annually to the City during
the life of this franchise for
the privilege of operating a
CATV system under this franchise
the following percentages
of gross receipts:
Gross Receipts
Percentage Payable
On the first $200,000
3%
On the next $100,000
3 -1/2%
On the next $100,000
4%
On the next $100,000
4 -1/2%
In excess of $500,000
5%
Isthe
SECTION 4. This ordinance
shall be published once in
official newspaper of the City,
and the same shall be
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is
effective 30 days after the date of its adoption.
This ordinance was introduced at a regular meeting of
the City Council of the City of Newport Beach held on the 23rd
day
of November
,
1970,
and was adopted
on the 14th day
of
December
, 1970,
by the
following vote,
to wit:
ATTEST:
i
CERTIFIED AS THE ORIGINAL AND
CERTIFIED AS TO PUBLICATION
JAN 18 1970
/ DATE �------ _ -------- _..--- .....---
CITY CLERK OF iK CITY OF NE RT BEACH
AYES, COUNCILMEN: McInnis, Kymla, Rogers,
Hirth, Croul, Dostal, Parsons
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
Mayor
THS :mh
11/19/70