The URL can be used to link to this page

Home My WebLink AboutCity Council - 4312 RESOLUTION NO. 4312 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING CABLE TELEVISION FRANCHISE DOCUMENTS The City Council of the City of Huntington. Beach does hereby resolve that Public Cable Television Authority Resolution No. 1976-4 (Award of CATV Franchise) dated August 12, 1976, together with Exhibit "A" attached thereto, for a cable television franchise for the City of Huntington Beach, all attached hereto and made a part hereof, is hereby ratified and approved by the City Council of the City of Huntington Beach. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at an adjourned regular meeting thereof held on the 23rd day of August , 1976 . !fir ATTEST: City Clerk APPROVED AS TO CONTENT: APPROVED AS TO FORM: ity Administrator City A Lorne y APPROVED, INITIATING DEPARTMENT NO FISCAL IMPACT FISCAL "MPACT -- F',I D ETED FISCAL IMPACT -- !'110 T1 BUDGETED REQUIRES FINANCIAL INAPACT REDORT DPB: er , I, 4. A JOINT POWERS AGENCY - 8200 WESTMINSTER AVENUE/WESTMINSTER, CALIFORNIA 92683 / (714PMI.NMM 898-3311 FRANK G.FRY,JR. Mayor Pro Tem Westminster, Chairman JOHN R.BATEMAN BERNIE P.SVALSTAD PCTA RESOLUTION NO, 1976-4 Consultant Councilman.Fountain Valley, Vice Chairman ALVIN M.COEN j Huntington Beach, Director AWARD OF CATV FRANCHISE MILAN M.-DOSTAL Councilman Newport Beach, i Director RESOLVED: That the issuance of a cable television franchise for the City of HUNTINGTON BEACH has been awarded by the Public Cable Television Authority after all due legal i process and public hearings to Dickinson Communications, Ltd., l a California limited partnership, in the form attached as Exhibit A, is hereby ratified and approved. �II FURTHER RESOLVED that the City of HUNTINGTON BEACH i at a public hearing held on _ August 2 1976 did approve and ratify the PCTA proposed action of granting the said cable television franchise to Dickinson Communications, Ltd. and con- firming final details to be worked out and agreed upon by the PCTA Directors in the city's behalf and Dickinson Communications, Ltd. FURTHER RESOLVED that the City of HUNTINGTON BEACH i approved and confirmed the PCTA proposal to use nonprofit cor- poration bonds to construct cable television facilities in the l City of HUNTINGTON BEACH provided that neither the City nor the PCTA, or staff members thereof, shall be held liable in any way for the amount of said bonds. Dated this 12th day of August 1976. ank G. Frv, Jr. Chairman, PCTA Bernie Svalstad Vice Chairman, PCTA ATTE T• 4AL16H. Coen Director, PCTA Joh R. teman I ?'^?rUtiva Director, PCTA L i Public Cable Television Authority �IPage 1 EXHIBIT A CABLE TELLPVISION FRANCHISE Section 1. Award of Franchise. The Public Cable Television Authority (hereinafter re- ferred to as "PCTA") , a joint powers agency consisting of the actives cities of Fountain Valley, Huntington Beach and Westminster hereby grants to Dickinson Communications, Ltd., a California limited partner.- ship (hereinafter called "Grantee"), and to its permitted successors and assigns, a non-exclusive permit to construct, install, operate and maintain a transmitting and distribution system for television, radio and other audio-visual and electrical signal distribution in the City of HUfITIN GTON BEACH and to maintain and use the same for the purpose of constructing and operating a transmitting and distri- bution system for television, radio and other audio-visual and elect- rical signal distribution, on the terms and conditions hereinafter provided. Suction 2, fi vstern Specifications and Design. Grantee will design a fully-dedicated cable communications system in the City of RMINGTON BEACH which shall meet or exceed all applicable FCC requirements. Each separate system shall include two-way capability. The system shall be capable of providing a full range of cable communications services, including reception of local television stations, distant stations, news and weather information, local.-origination programming including community service broadcasting, uninterrupted "pay television" programming, PH radio and ancillary services (including security devices, data transmission and channel leasing). Detailed system specifications and design shall be subject to approval of PCTA as part of the "Statement of Conditions of Opera- tion" described in Section 4. A cable television outlet shall be provided without cost to each school and public facility within t h e city and at least one public-access studio shall be located within the city's boundaries-. Grantee shall make production facilities available to community groups, and reserve certain channels for educational and community use, as provided by PCTA in the *State- ment of Conditions of Operation." A Public Cable Television Authority Exhibit A (Continued) Page 3 fee for their continued use of the services provided. Grantee's fee structure shall be subject to approval of PCTA as part of the "State- ment of Conditions of Operation" described in Section 4, which shall also include standards and procedures governing future rate adjustments. Section; 6, Franchise fee. Provisions for a reasonable franchise fee shall be in- cluded in the "Statement of Conditions of Operation"described in Section 4. Pending adoption of such Statement, Grantee shall pay PCTA a quarterly fee of $10,000, at three-month intervals beginning July 15, 1976, as an advance against the franchise fee to be required in said Statement of Conditions of Operation. Section 7. Term of Franchise. The rights and privileges of this franchise shall continue for a period of fifteen (15) years from the issuance of an FCC Certifi- cate of Compliance unless terminated as provided in Section S. S,ectio_}r 8, Termination of franchise. This franchise shall be terminated as provided in the "Statement of Conditions of Operation" described in Section 4 in the event of Grantee's failure to comply with the requirements imposed thereunder; or if bonds to finance construction of the facilities are not issued prior to March 31, 1977; or if construction of the cable communications system to be designed by Grantee shall not be commenced prior to June 30, 1977. Section 9. Extension of Time. Any time provided herein for performace of any act by Grantee or PCTA may be extended by mutual agreement of Grantee and PCTA, and shall be automatically extended in case of delay caused by earthquake, public emergency, or acts of God, or delay not caused by Grantee in obtaining approvals from any Federal agency required in connection with the financing, construction or operation of the system. Section 10. Severance Clause. 2f any section, sentence, clause or phrase of this fran chine shall be held to be invalid or illegal, the invalidity or illegal- ity thereof shall not affect the validity or legality of any other Res. No. 4312 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular adjourned meeting thereof held on the 23rd day of August , 1976 by the following vote: AYES: Councilmen: Bartlett, Pattinson, Siebert, Wieder NOES: Councilmen: None ABSENT: Councilmen: Coen, Gibbs, Shenkman City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California