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HomeMy WebLinkAbout06/28/1978 Adjourned Meeting ADJOURNED MEETING - JUNE 28, 1978 The City Council met in session on this date at 11:50 AM at the Holiday Inn, Yakima Avenue and 9th Street, Yakima, Washington. Council members present were Mayor Betty Edmondson, Jack Spor|lng and Gordon Wonder. Council member Nadine Lee present after 12:25 PM. Council members Henry Beauchamp, Lynn Buchanan and Don Hinman absent. Mayor Edmondson gave a brief overview on the status of the Cable TV issue. Nick Miller, Attorney, Preston, Thor8rimson E||/s, Holman and F|efcher, Seattle, reported on the revisions of the Invitation for Proposals for Cable Television Systems and the ordinance granting the franchise. He stated the only change in the Invitation for Proposals is in "X" where additional language was added to reflect the payment of the cost to put this issue on the ballot will become a liability of the succeeding franchisee, if the election is successful. Mayor Edmondson questioned that change, as it was a motion of the Council that the successful franchisee would pay for the election costs whether the election was successful or not. Councilman Wonder concurred, and Mr. Miller stated that this could be changed. The following are changes made in the proposed ordinance which would grant the franchise: Section 3. City Charter Requirements - clarifies that there will be no extension or renewal of the franchise -- it has to go to a vote of the people. Section 5. Permits, Installation and Service - paragraph 2 - changes the construction requirements so that construction does not have to begin until after the utilities notify them that their make- ready work is completed. Section O. Fair Business Practices - new paragraphs 3 and 4 - ensures that customers would receive a prorated refund of the cost of installation of their terminal equipment if the cable operator disconnects them during the first three years without good cause. Section 10. Service Quality Requirements - new paragraph 5 to reflect that the operator must supply each subscriber with a complete schedule of programs. Section 12. Carriage of broadcast signal - local origination of programs - revised to clarify that the cable operator may not alter the content of the broadcast signals of the local television stations. Section 14. Public and Educational Access Services - paragraph 1 - clarifies that Council may designate any public building in the City for two-way audio-visual connection. It is not required that every public building be wired in that way. New paragraph 5 - (Also effects Section 15) clarifies who will handle the fund, as the City must administer City funds re the additional 2% franchise fund. To enable the City Council to maintain policy direction over the committee, the programming committee was changed to an advisory committee, which will come up with a plan for Council to approve. Section 19. Conditions of Street Occupancy - paragraph 7 makes it absolute that the cable wires must go underground when the other utilities in that area go underground. II/ Section 21. Preferential or Discriminatory Practice Prohibited. - creates misdemeanor offense if there is an unauthorized tapping of services that the operator offers. Section 28. Payment to City - the grantee shall pay the City 5% of the gross annual receipts received by the grantee during the year in monthly installments. Section 30. Forfeiture of Franchise - paragraph 1 - D - reworded to conform with change in Section 5. F - new language to protect the rights of the City to forfeitthe franchise if necessary. Section 31. Duration and Acceptance of Franchise - Language will have to be revised so that the successful bidder will be liable for the cost, of putting this issue on the ballot. 26 ADJOURNED MEETING - JUNE 28, 1978 There being no quorum present to adopt Resolution, City Manager Eastman stated that since the Council adopted the timeframe on Monday, and all changes requested by the Couhoi| have been made, and this Resolution is just to make sure that Council has knowledge of the changes, he believes that he has the authority to issue the Invitation for Proposals. Mayor Edmondson questioned this, and the City Manager stated that Council can act on the Resolution at Monday's meeting, but the Invitation for Proposals can be Published and mailed to the cable companies. Mr. Eastman stated that the ReSo|ufimn was not a legal requirement, but gives Council the opportunity to concur with' the work staff has done:so far. It was the general consensus of the Council fo'oboepf this pnzposo|, as presented. Nadine Lee presanf'affer' 12:25 pm. Mayor Edmondson informed her briefly of the changes in the proposed ordinonbe and stated that the Council members present concurred with those changes. City Manager Eastman read the Resolution, and it was MOVED by Sphr||n8^ seconded by Wonder that Resolution No'. D-39|5 authorizing the City Manager to invite propoSo|s'for the installation of a cable television system, be passed': carried, Edmondson, Lee; Sperling and Wonder voting aye on roll call. Beauchamp, Buchanan and Hinman absent. RESOLUTION NO. D-39|5, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to invite proposals for the installation, operation and maintenance of the cable television system (CATV) within the City of Yakima. There being/ no further business to tome before the Council, the meeting was adjourned by Mayor Edmondson at the hour of 12:35 PM. READ AND CERTIFIED ACCURATE O8TE /'. / A/. /�~ ,'� �' DATE 2 � COUN UN8N . ATTEST: OF ^ u! 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