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HomeMy WebLinkAboutOrd 563-1967ORDINANCE NO. 563 AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO GRANTING A FRANCHISE OR LICENSE TO CONSTRUCT, OPERATE AND MAINTAIN A COMMUNITY ANTENNA TELE- VISION SYSTEM WITHIN THE CITY OF SOUTH SAN FRANCISCO THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: Section 1. Authorization. This ordinance is enacted pursuant to the authority provided in, and all of the provisions, terms and conditions of Ordinance No. 547 entitled: "An Ordinance of the City of South San Francisco Providing for the Granting of Franchises for Community Antenna Television Systems; Providing Terms and Conditions for the Operation of Such Community Antenna Television Systems and Fees Therefor.", passed and adopted on the sixth day of June, 1966, full and complete copies of which are on file in the office of the City Clerk. Section 2. Grant of Franchise or License. Pursuant to the provisions of said Ordinance No. 547 and the determinations of certain specific conditions made as authorized therein, a franchise or license to construct, operate and maintain a CATV system within the City of South San Francisco for a term of eleven (11) years following the date of acceptance of such franchise or license by grantee, is hereby granted to Western Cable Television Company, a California Corporation, hereinafter referred to as Grantee or Licensee, with all of the rights and privileges and subject to each and all of the terms and conditions of said Ordinance and CENTRAL RECORDS the additional terms and conditions established pursuant to Ordinance 547 in Resolution 4618 passed the 16th day of January 1967. , Section 3. Franchise or License Payment. Grantee shall pay City the sum of Ten Thousand Dollars ($10,000.00) upon issuance of the franchise or license and annually for each franchise year a sum computed in accordance with the formula set forth in Alternate A of Section 6 of Ordinance 547. Section 4. Installation Phases. Grantee in complying with Section 9 o~ Ordinance 547 shall make the necessary instal- lations to serve all areas within the corporate limits of the City of South San Francisco, except those areas easterly of the line of demarcation between the waters of San Francisco Bay and the easterly limits of the lands within the corporate limits of the City of South San Francisco, but not excluding the South San Francisco Oyster Point Marina and its facilities, and shall schedule and render services, in accordance with the numerical order shown, to the areas delineated on the map entitled "Exhibit A, CATV Installation Phases",which is attached hereto and by this reference made a part hereof. The area delineations and numerical order may be modified by resolution of the City Council. Section 5. Connection CharKes. The installation or con- nection charges (including labor and materials) for a signal wire "drop cable" or other service connection, hereinafter designated "service connection", necessary to deliver all signals transmitted by the CATV system to the subscribers' premises shall be as follows: A. SinKle Use Premises - Aerial. The installation charge for a single use premises (residential and co_,~_ercial) shall be as follows: (1) Charge for a single service connection shall not exceed fifteen dollars ($15.00). (2) Charge for each service connection in excess of a single service connection shall not exceed five dollars ($5.00). Said installation charges made and collected shall be rebated to the subscribers as a credit against the monthly charges for the 13th, 14th, 15th, 16th and 17th months of service. Subscribers, whose accounts are current, relocating within the CATV system area, shall be entitled to a single service connection without charge, provided said subscriber has not received a rebate of instal- lation charges as hereinbefore stated. Should a service connection be disconnected for non-payment of service charges, the reconnection charge shall not exceed five dollars ($5.00), B. Municipal and South San Francisco Unified School Uistrict Connection CharKes. There shall be no charge for a single aerial drop cable service connection to occupied municipal properties of the City of South San Francisco, and to the South San Francisco Unified School District buildings located within the corporate limits of the City of South San Francisco. For service connections in excess of a single service connection, a charge may be made not to exceed a sum equivalent to the cost of the time and material necessary to make the installation. Upon request for such ad- ditional service connections, Grantee shall submit to City or district, whichever may be applying therefor, the plans and specifications for installing said additional service connections together with an estimate of the costs of the time and material necessary to make the installation and City or district may authorize said additional service connections at said cost or contract through their own contractors for the construction and installation of the additional service connections in accordance with the plans and specifications, which when completed shall be subject to Grantee's inspection and approval. C. Hotels~ Motels,.Multiple DwellinRs and Other BulldlnRs The installation charge for a single service con- nection to a terminal block.i..located at ground level within the premises, for which one monthly service statement is rendered for more than four outlets, of a multiple dwelling, hotel, motel, industrial plant, warehouse, mobile home park, department store, business office, hospital or large retail establishment, from which signals or transmissions are to be distributed through an antenna- plex or other distribution system having characteristics compatible with Grantee's system and transmissions, shall be fifteen dollars ($15.00), subject to rebate as set forth in Section 2A of this Ordinance. Should =he premises not have an antennaplex or o=her distribution system, or should the existing system have charac- teristics which make it unsatisfactory for the distribution of the signals delivered to the terminal block by Grantee, then Grantee shall submit to the owner or party requesting the instal- lation the plans and specifications for the installation of a satis- factory antennaplex or other distribution system which will satis- factorily distribute the si§halS delivered by Grantee to said terminal block and submit an estimate of costs for said instal- lation which shall not exceed a sum equivalent to the costs of the time and material necessary to make the installation. The owner or requestin§ party may then elect to authorize the instal- lation of said antennaplex or other distribution system in accord- ance with said plans and specifications at said cost, or have the antennaplex system or distribution system installed by his own contractor in accordance with said plans and specifications, on completion of which it shall be subject to the inspection and approval of the Grantee. D. UnderKround Subscriber Service Cable. Should under§round subscriber service cables be requested or necessary~ then Grantee may char§e the cost of making said installation, which shall be equivalent to the costs of time and material required. Grantee shall submit to the owner or requesting party the plans and specifications for the construction and installation of the underground cable installation together with an estimate of the cost as hereinbefore provided, and the owner or requesting party may elect to authorize said installation at said cost or make said installation through his own contractor in accordance with said plans and specifications, which when completed shall be subject to Grantee's inspection and approval. The owner or party requesting the underground subscriber service cable installation shall provide the easement therefor to Grantee without charge. E. FM Installation CharRes. A subscriber, served by a service connection, may obtain from Grantee an installation to an FM terminal block, charge for each of which installations shall be four dollars ($4.00) which is not subject to rebate. F. Unusual Connections. Charges for service connections which require unusual installations or which require the running of a cable to the premises located more than 150 feet from the street, or in the case of back- yard se~ice more than 150 feet from the cable, shall be estab- lished by City Council resolution upon application of the Grantee or other interested parties. Section 6. Subscriber Rates. Subscribers shall pay Grantee the following monthly service charges: A. Single Use Premises - Individual Subscriber (Kesidential and Gommercial). The monthly service charge shall not exceed four dollars ($4.00) for the first single receiving set or apparatus, and for each receiving set or apparatus in excess of one at the location of any such subscriber, a sum not to exceed one dollar ($1.00) per month. B. Municipal and South San Francisco Unified School District. There shall be no monthly service charge for service to the occupied municipal properties of the City of South San Francisco and the South San Francisco Unified School District (within the corporate limits of City). C. Hotelsz Motels, Multiple Dwellings and Other BuildinKs. The service charge for multiple and other dwellings, as more particularly described in Section 2C of this ordinance, shall be one dollar ($1.00) for each outlet from said antennaplex or other distribution system within the premises. D. FMMonthly Service CharKe. There shall be no monthly service charge for FM service to subscribers who have an FM terminal block installed as set forth in Section 2E. Section ~. Increase in Rates. There shall be no increase in rates or charges to subscribers without prior approval of the City Council, expressed by resolution. Section ~'8. Authorized Use of System. The CATV system shall be used and operated solely and exclusively for the purposes expressly authorized in Ordinance No. 547 of the City of South San Francisco and for no other purpose whatsoever. Section ;~ Performance Bond. Grantee shall file a faithful performance bond as set forth in and on the conditions described in Section 14 of Ordinance No. 547, the principal amount of said bond to be two hundred thousand dollars ($200,000.00), which principal amount may be reduced to fifty thousand dollars ($50,000.00) upon completion of the CATV system installation in the area designated as Phase 1 by Section 4 of this ordinance, and thereupon as each successive phase is undertaken, Grantee shall file a faithful performance bond of the same nature and in the same amount, subject to the same reduction upon completion of each phase. SectionI~ Indemnification of City. Grantee shall provide the indemnifications as set forth in Section 15 of Ordinance 547, with the following limits: A. Limits for the liability policy described in Section 15(a) shall be five hundred thousand dollars ($500,000.00) upon issuance of the franchise, which limits shall be increased to not less than five million dollars ($5.000,000.00) upon the commencement of service to subscribers. B. The minimum limits of the liability policy described in Section 15(b) shall be five hundred thousand dollars ($500,000.00) for personal injury or death of any one person; one million dollars ($1,000,000.00) for death of two or more persons in any one occurrence; and five hundred thousand dollars ($500,000.00) for damage to property resulting from any one occurrence. C. The aforegoing limits are subject to modifica- tion as set forth in Section 15 of Ordinance No. 547, Section'I~. Channels To Be Carried. Grantee shall initially deliver to subscribers, signals from Channels Nos. 2, 3, 4, 5, 7, 9, 10, 11 and 14 in accordance with Federal Com- munications Commission regulations. Channels 3, 10 and 11 may be deleted from the system to accommodate the first three UflF Grade A signal stations operable in San Francisco, upon consent of the City Council expressed by a resolution. Further modification of this provision may be accomplished upon application to and resolution by the City Council. Section 1~ Publication and Effective Date. This ordinance shall become effective thirty days from and after its passage, provided, however, that the franchise or license 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 this ordinance and Ordinance No. 547. This ordinance shall be published once in the ENTERPRISE- JOURNAL, a newspaper of general circulation, printed and published in the City of South San Francisco, within fifteen days after pas- sage thereof. This ordinance was introduced and read on the 5th day of June day of June , 1967, and passed and adopted on the , 1967, by the following vote: 19th . AYES: Councilmen Patrick E. Ahern, Frank J. Bertucelli. Emilio Cortesi, Andrew Rocca and Guido J. Rozzi NOES: None ABSENT: None ATTEST: 10. 4 C-I ZONING MAP CITY OF SOUTH. SAN ~'RANClSCO SAN MATF0 COUNTy. CALIFORNIA % / Exhibif' "A" CATV-Installation Pha.. ZONING MAP ' SOUTH SAN I=RANCISCO ~AN MATFO COUNTY, CALIFOI~NIA M-2-N j .-; '. ' ~'. ~ , HU , '~ "~?'~[~ ~"'. / ~ ~ '/ ' I X-c · .~ t,.. ' . .' 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