HomeMy WebLinkAboutResolutions - No. 3158RESOLUTION NO. 3158
RESOLUTION GRANTING COMMUNITY ANTENNA
TE[,EVISION (CANJFRANCHISE
After notice duly given, public hearing held, evidence received
and good cause appearing therefrom, the following resolution is adopted:
RESOLVED that a non-exclusive Community Antenna Television (CATV)
franchise is hereby awarded to Multi -View Systems, Inc,, Lodi, California,
subject to the following terms and conditions:
(1) This franchise is granted subject to all of the terms and
conditions of the provisions of Ordinance No. 855 of the City of Lodi,
as well as representations, statements and conditions set forth in the
franchise application filed herein by Multi- View Systems, Inc, and the
Grantee shall be bound by all of the terms of said ordinance, this
resolution and franchise application.
(2) The term of this franchise shall be for a period of 20 years
commencing February 21, 1968 and terminating at midnight on February 20, 1988.
(3) This francha.se shall not become effective until Section 6
of said Ordinance No. 855 relating to written acceptance, bonds, insurance
policies. etc., has been comolied with by the Grantee. In the event that
there is non-compliance with said Section 6 this resolution shall be of
no force or affect.
(4) In accordance with Section 7 of Ordinance No. 855 this franchise
is granted subject to the following condition: The CATV system herein
franchised shall be used and operated solely and exclusively for the
purpose expressly authorized by Ordinance of the City of Lodi and no
other purpose whatsoever.
(5) This franchise is granted with the understanding that
Section 10 of Ordinance No. 855 is hereby expanded to express the con-
dition that in the event of a 60 -day notice of forfeiture of franchise
being given, that any transmission lines, conduits, poles and/or attach-
ments that are not removed within 60 days after the expiration of the
initial b0 -day notice shall be deemed abandoned and become the property
of the City of Lodi to be disposed of in the discretion of the City
Council.
(6) Grantee shall pay to the City during the life of this franchise
an annual franchise fee of 5S of its annual gross receipts for each of
the first three years of said franchise operation and 6% thereafter or
$17200 per year whichever is greater. Said franchise payments shall be
paid to the City quarterly.
(7) Grantee agrees that the following rates shall be charged to
subscribers for the services to be rendered by it:
Monthly service charge
without auxiliary tuner
Aerial
Each extra outlet
Underground
Each extra outlet
Charge for auxiliary tuner (if applicable)
Installation charge
$4.50
.75
5.50
.75
1.00
15.50
Note: Installation charge is waived in those
cases where subscriber agrees to accept
CATV service at the time it is first
offered to him.
(8) Grantee shall not snake any change in said rate without the
prior consent of the City Council of the City of Lodi.
(9) This franchise may not be assigned without compliance witb
the provisions of Section 14 (d) of Ordinance No. 855-
(10) In the granting of this franchise the City Council of the
City of Lodi does hereby express its intent that Section 15 (f) of
Ordinance No. 855, which reads as follows:
"mere is hereby reserved to City the right to amend
any section or part of this Ordinance so as to re-
quire reasonable additional or greater standards of
construction, operation, maintenance, or otherwise,
on the part of the Grantee"
imposes the duty, burden and obligation upon the Grantee of this
franchise to at all times keep abreast of the rapid technological
advances in the CA'IV industry and that the Grantee shall maintain and
replace its equipment so that at all times during the life of this
franchise its equipment shall produce the best picture, sound and
service under the circumstances that i s technologically possible. In
the event of the Grantee's willful failure to comply with the intent
expressed herein, such willful failure may constitute a breach of the
aforesaid quoted Section 15 (f).
(11) Notwithstanding other terms and conditions herein set forth
and set forth in Ordinance No. 855 and the franchise application, this
franchise is granted upon the expressed condition that in accordance with
the provisions of Section 17 of Ordinance No. 855 the City Council
reserves unto itself the right to exercise its discretion as to whether
the Grantee is proceeding with due diligence to obtain the necessary
permits and render service to all of the participating subscribers in
the City of Lodi. In the event the City Council determines after notice
and hearing Zo the Grantee that the Grantee is not proceeding with due
diligence, the City Council may, in the exercise of its discretion,
terminate and cancel the franchise herein granted.
Dated: February 2 1 , 1968
I hereby certify that Resolution No. 3158 was passed and adopted
by the City Council of the City of Lodi in regular meeting thereof held
February 21, 1968, by the following vote:
Ayes: Councilmen Brown, Culbertson. Hunnell, Walton and Kirsten
Noes: None Absent: None X
r Bessie L. Bennett
City Clexk
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