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HomeMy WebLinkAboutB- 8 First reading of the Amendment to the Ordinance Relating to Franchise Cable Communicaiton system u ��„,,,, 10 Te City of Azusa - Fay 4 AZUSA CITY LIBRARY 729 n. Dalton Ave,Azusa California,91702 (626)812-5232 ,.ivi j ft)'1 (1Q12) TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL r0 1 1� FROM: PAYMANEH MAGHSOUDt, CITY LIBRARIAN VIA: JOE HSU,INTERIM CITY ADMINISTRATOR c J `' DATE: FEBRUARY 25, 1998 SUBJECT: FIRST READING OF THE AMENDMENT TO THE ORDINANCE REGULATING FRANCHISE FOR CABLE COMMUNICATION SYSTEM BACKGROUND In the process of the negotiation for the renewal of the cable franchise agreement the City Council adopted an ordinance on April 17, 1995 that provided regulations for granting or renewing a cable television franchise and operating and customer service requirements for all cable operators. The City has reached closure on the Cable Regulatory Ordinance (95-08), and after careful review of the Ordinance,the attached amendment will finalize the existing regulatory ordinance. Staff and City's Cable Attorney have reviewed the ordinance and prepared the modifications in the amendment to the ordinance which is presented to the City Council for the first reading. I have also enclosed a letter from Mr Bogart,Vice President, Government Relation for Charter Communication, accepting the modification to the Regulatory Ordinance. Attached, please find the proposed Ordinance amending the Cable Ordinance(95-08) , for granting and regulation of franchise for cable communications system. RECOMMENDATION It is staffs recommendation to introduce the ordinance for the first reading /.., / /6/S 44afilt” i4/9rtiL ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 95-08 OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA PROVIDING FOR THE GRANTING AND REGULATION OF FRANCHISES FOR CABLE COMMUNICATIONS SYSTEMS. WHEREAS,the City Council of the City of Azusa, California introduced and adopted Ordinance No. 95-08; and WHEREAS,the City Council now desires to amend certain provisions of Ordinance No. 95-08. THE CITY OF AZUSA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 9.12 is hereby amended to read as follows: "Movement of Facilities. In the event it is necessary to temporarily move or remove any of the Grantee's property at Grantor's direction for a legitimate governmental purpose, Grantee, upon reasonable notice, shall move, at the expense of Grantee, its property as may be required to facilitate such legitimate governmental purpose. No such movement shall be deemed a taking of Grantee's property. Nothing herein shall limit the right of Grantee to seek reimbursement from any party other than Grantor." Section 2. Section 14.3 (A) is hereby amended to read as follows: "A. No later than ninety (90) days after the close of Grantee's fiscal years, Grantee shall provide a written report to the Grantor which shall include: 1. A financial report audited and certified by the Chief Financial Officer of the Grantee for all cable system activity during the previous fiscal year including gross receipts from all sources and gross subscriber revenues from service, and set out separately, gross receipts from all sources in the City and gross subscriber revenues from each service in the City and all payments, deductions, and computations of franchise fees. 2. A summary of the previous year's activities including,but not limited to, subscriber totals and new services. 3. A list of Grantee's officers, members of its board of directors and other principals of Grantee. 4. A list of stockholders or other equity investors holding five percent(5%) or more of the voting interest in Grantee. 5. A summary of complaints received and remedial actions taken." This Ordinance shall become effective at 12:01 a.m. of the Thirty-First(31st) day after adoption. PASSED AND APPROVED this day of , 1998. MAYOR STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss. CITY OF AZUSA ) I,ADOLPH SOLIS, City Clerk of the City of Azusa, do hereby certify that the foregoing Ordinance No. was regularly introduced and placed upon its first reading at a meeting of the City Council on the day of , 1998. That thereafter said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of , 1998 by the following vote,to wit: AYES COUNCILMEMBERS: NOES COUNCILMEMBERS: ABSENT COUNCILMEMBERS: CITY CLERK jICHARTER COMMUNICATIONS" February 16, 1998 Mr. Joseph F. Hsu Interim City Administrator City of Azusa 213 E. Foothill Blvd. Azusa, CA 91702 Dear Mr. Hsu: I received the copy of the proposed amendment to Ordinance 95-08 and have reviewed it. This amendment accurately reflects our agreement with the City on the Regulatory Ordinance. Please let me know if you wish to have a Charter representative attend the March 2, 1998 Council meeting. Thank you for your attention to this matter. Sincerely, .41i Ji` Bogart V ce President Government Relations cc: Tom Schaeffer Mel Matthews Paymaneh Maghsoudi 12444 Powerscourt Drive•Suite 400•St.Louis,Missouri 63131-3660•(3141965-0555•Fax(314)965-6640•Internet http:\\www.chartercom.com