IV. Kern Cable Company - ORDINANCE NO. 501

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELANO GRANTING A FRANCHISE TO KERN CABLE COMPANY, A CORPORATION, TO CONSTRUCT, OPERATE AND MAINTAIN A COMMUNITY ANTENNA TELEVISION SYSTEM WITHIN THE CITY OF DELANO. THE CITY COUNCIL OF THE CITY OF DELANO DOES ORDAIN AS FOLLOWS:

Section 1. This Ordinance is enacted pursuant to the authority provided in, and all of the provisions, terms and conditions of Ordinances No. 486, entitled "An Ordinance of the City of Delano Providing for the Granting of Franchises for Community Antenna Television Systems and Fees Therefor", passed and adopted on December 5, 1966, full and complete copies of which are on file in the office of the City Clerk.

Section 2. Pursuant to the provisions of said Ordinance No. 486, a franchise to construct, operate and maintain a CATV system within the City of Delano and specifically described and delineated on the maps filed with the application as required by Section 20 of said Ordinance, for a term of twenty (20) years is hereby granted to Kern Cable Company, a Corporation, hereinafter referred to as "grantee", with all of the rights and privileges and subject to each and all of the terms and conditions of said Ordinance and grantee's application.

Section 3. Repealed by Ord. 663.

Section 3.1. The City Council repeals and revokes its right and privilege to fix maximum subscription rates and installation charges to be charged by the grantee under the community television system franchise in the City of Delano.

It is the intention of this ordinance to return the rate fixing power of the cable TV business to the area of free enterprise, and the franchisee is hereafter authorized to fix such rates as in their discretion may seem appropriate and proper.** ^[]

(Ord. 708 §4, 1978: Ord. 663 §2, 1976)

Section 4. Pursuant to the provisions of Section 6 of said Ordinance No. 486 and the application of the grantee, the terms of which are expressly made a part hereof, the grantee shall during the term hereof pay annually to the City a percentage of the gross annual receipts of the grantee to be computed on the following scale:

GROSS ANNUAL RECEIPTS and PERCENTAGE PAYMENT TO CITY

On the first $75,000 ($0 to $75,000)	5%
On the next $25,000 ($75,000 to $100,000)	10%
On the next $25,000 ($100,000 to $125,000)	15%
On the next $25,000 ($125,000 to $150,000)	20%
Over $150,000 ($150,000 and up)	25%

 

In any year, or portion thereof, following the first full year service has been provided and during which payments under the foregoing schedule shall amount to less than $1200 per year, grantee shall pay the City as a minimum the sum of $1200 per year.

Section 5. The CATV system herein franchised shall be used and operated solely and exclusively for the purpose expressly authorized by ordinance of the City of Delano and no other purpose whatsoever.

Section 6. This ordinance shall become effective thirty (30) days from and after its passage; provided, however, that the franchise hereby granted shall not become effective unless and until grantee files written acceptance thereof and an agreement to be bound by and comply with all of the requirements thereof, and delivers to the City the bond and insurance policies required to be furnished, all pursuant to the provisions of said Ordinance No. 486.

PASSED, ADOPTED AND APPROVED this 5th day of June 1967.

	/s/ Joe Hochschild
	Mayor, City of Delano,
	California
I, Fay C. Short, City Clerk of the City of Delano, do hereby certify that the foregoing ordinance was introduced at a regular adjourned meeting of the City Council of the City of Delano held on the 24th day of May, 1967, and was passed and adopted at a regular meeting of the City Council held on the 5th day of June, 1967 by the following vote:
Ayes: Councilwoman Cole, Councilmen Herrera, Loader, Senini and Mayor Hochschild.
Noes: None
Absent: None
	Fay C. Short, City Clerk
	/s/ Viola Hodge - Deputy
	City Clerk and Ex-Officio
	Clerk of the City Council,
	City of Delano, California
Published: June 13, 1967