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HomeMy WebLinkAbout096-86 BEFORE THE CITY COUNCIL OF THE CITY OF DANVILLE In the Matter of: ) ) 96 Amending the Municipal Code ) ORDINANCE NO. Title 10, Chapter 1, Regarding ) Cable Television ) ) The City Council of the City of Danville DOES ORDAIN as fcllows: SECTION 1. The following sections of the Danville Cable Television Franchise Ordinance, Municipal Code Title 10, Chapter 1, are amended: A. Section 10-112 (Rights Reserved to City), subsection (c) is amended to read: "(c) Right to Acquire. City may acquire the property of Operator, in whole or in part, either by purchase or by the exercise of the right of eminent domain, at fair market value. Fair market value does not include any amount for the franchise itself or for any of the rights or privileges granted." B. Section 10-113 (Limitations), subsection (b) is amended to read: "(b) Prohibitions. Operator is prohibited from doing the following: (1) engaging in the business of selling at retail, leasing, or renting television sets or radios; (2) soliciting or referring a subscriber to persons engaged in any business which Operator may not engage in; (3) providing information concerning the viewing patterns of identifiable individual subscribers." C. Section 10-121 (General Service Requirements), subsection (b) is amended by modifying subparagraph (b) (1), deleting subparagraph (b) (2) "Opportunity for Review" and renumbering section (b)(3) to (b) (2) to read as follows: 1 ORDINANCE NO. 96 "(b) Changes in Services Offered. (1) Changes. Changes in the channels or services set forth in the award agreement (with respect to channels not dedicated for community service purposes) including realignment of signals on the cablecast spectrum, shall be at the discretion of the Operator, to the extent such changes are permitted by the FCC. Operator shall, however, furnish written notice to the City of its intent to make any changes in signal alignment or services offered at least 90 days before the intended date of such change when possible. Operator shall also provide information to subscribers regarding an Operator initiated change, by written and cablecast message. Information provided by cablecast message shall be repeated several times throughout the viewing day for at least 3 consecutive days when possible. If a channel or program service is discontinued, Operator shall immediately provide a substitution. (2) No Reduction in Channels. This section does not permit a reduction in the total number of channels available under basic service unless the City consents to a reduction." D. Section 10-121 (General Service Requirements), subsection (e) is amended to read: "(e) Free Service to Community Sites. Operator shall, as City may from time to time request, furnish one installation for basic service each, without installation or monthly service change, to all City buildings, each Fire and Police Department station, each public school, public library, recreational facility, community center and other community service facility open to the general public and designated by the City; and Operator shall provide additional basic service outlets at these locations at its cost of labor and materials, without other installation charges and without monthly service change when service is also available to private customers in the area. If an installation required by the City requires an extension of the Operator's distribution plant not otherwise required by this chapter the installations shall be made by the Operator 96 2 ORDINANCE NO. at its cost of time and materials to be paid by the public agency for which the service is provided." E. Section 10-123 (Rate Procedures), subsection (d) is amended to read: "(d) Converters. There may be no rental charge for the use of the initial converter box to receive basic service. Operator may institute a rental charge for additional converter boxes. The Operator may require a security deposit for a converter in an amount and under terms established by the franchise agreement." F. Section 10-1111 (Content of Application), subsection (2)E. is amended (by modifying the information to accompany an application for a franchise) to read: "E. a detailed and complete financial statement of the applicant, certified as correct by an officer of the applicant, for the three fiscal years preceding the date of the application (or if applicant has been in operation less than a five year period, a financial statement for the period of operation), and applicant's detailed and complete financial projections for the five year period beginning with the date upon which applicant begins operations, certified as the true and correct financial basis for applicant's application;". SECTION 2. Effective Date. This ordinance becomes effective 30 days after its adoption. SECTION 3. Publication. The City Clerk shall either: (a) have this ordinance published once within 15 days after adoption in a newspaper of general circulation; or (b) have a summary of this ordinance published twice in a newspaper of general circulation, once 5 days before its adoption and again within 15 days after adoption. The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Danville held on .~ 4 1986 and adopted at a regular meeting of the Council held on August 18 , 1986, by the following vote: 96 3 ORDINANCE NO. AYES: La~.e, McNeely, Offenhartz, Schlendorf NOES: None ABSENT: Kennett /~ //~,~ MAYOR ATTEST: ci,~Y dLER~' ~ 96 4 ORDINANCE NO.