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HomeMy WebLinkAboutOrd 835-1980 Ordinance No. 835-90 AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO RENEWING FOR FIFTEEN YEARS A FRANCHISE~FOR A CABLETELEVISION. SYSTEM TO WESTERN~TV CABLE THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: SECTION I -AUTHORIZATION This Ordinance is enacted pursuant to the authority provided in, and all the provisions, terms and conditions of Ordinance No. 8~4-80, entitled, "An Ordinance of the City of South San Francisco Providing for the Granting of CATV Franchises repealing Ordinance No. 547," passed and adopted on August 20, 1980 , full and complete copies of which are on file in the office of the City Clerk. SECTION 2 - DEFINITIONS For the purposes of this Ordinance, the terms, phrases, words, abbreviations, and their derivations shall have the meaning given in Section 1 of Ordinance No. 834-80 SECTION 3 - GRANT OF FRANCH~ISE OR LICENSE EXTENSION Pursuant to ~the provisions of said Ordinance No. 834-8Q a renewal of a non- exclusive Franchise to construct, operate and maintain a cable television system within the City of South San Francisco, for a term of fifteen (15) years, is hereby granted to Western TV Cable (a California Corporation), herein referred to as Grantee, all the rights and privileges of which are subject to each and all of the terms and conditions of said Ordinance. SECTION 4 - RATES AND CHARGES The Grantee shall charge its subscribers and users the rates and chagres approved by the City Council on its Resolution Numbers 103-78 and 104-78, as subsequently modified; and shall increase its rates therein only in accordance with the procedures delineated in Ordinance No. 834-~0 SECTION 5 - FRANCHISE AND LICENSE PAYMENT Grantee shall pay to the City, annually for each franchise year, a sum equal to two and one-half percent (2½%) of its gross annual receipts. SECTION 6 - INSTALLATION~PHASES Grantee, in complying with Section 16 of Ordinance No. B34-SQ shall make the installation and render service to subscribers in accordance with Section 4 of Ordinance No. 563. SECTION 7 - PERFORMANCE BOND Grantee shall file and maintain a faithful performance bond as set forth in and on the conditions described in Section 9 of Ordinance No. 834-8q the principal amount of said bond to be Fifty Thousand Dollars ($50,000). SECTION 8 - INDEMNIFICATION OF CITY Grantee shall provide the indemnifications set forth in Section 10 of Ordinance No. ~-BO~ with the following limits: A. Limits for the liability policy described in Section lO(a) shall be Five Million Dollars ($5,000,000). B. The minimum limits of the liability policy described in Section lO(b) shall be Five Hundred ~housand Dollars ($500,000) for personal injury or death to any one person; One Million Dollars ($1,000,000) for death of two or more persons in any one occurrence; and Five Hundred Thousand Dollars ($500,000) for damage to property resulting from any one occurrence. C. The aforegoing limits are subject to modification as set forth in Section 10 of Ordinance No. 854-80. SECTION 9 - MUNICIPAL AND SOUTH SAN FRANCISCO UNIFIED SCHOOL DISTRICT CONNECTIONS 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 -2- 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 the sum equivalent to the cost of the time and material necessary to make the installation. Upon request for such additional service connections, Grantee shall submit to City or District, whichever may be applying therefor, the plans and specifications for 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 connection in accordance with the plans and spec- ifications which, when completed~ shall be subject to Grantee's inspection and approval. SECTION 10 - HOTELS, MOTELS, MULTIPLE DWELLINGS AND OTHER BUILDINGS Rates and charges for a multiple dwelling, hotel, motel, industrial plant warehouse, mobil home park, department store, business office or large retail establishment for which one monthly service statement is rendered for more than four outlets, are predicated upon a single service connection to a terminal block located at ground level within the premises from which signals or tmans- missions are to be distributed through an antennaplex or other distribution system having characteristics compatible with Grantee's system and transmission. Should the premises not have an antennaplex or other distribution system, or should the existing system have characteristics 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 installation, the plans and specifications for the installation of a satisfactory antennaplex or other distribution system which will satisfactorily distribute the signals delivered by Grantee to said terminal block and submit an estimate of costs for said installation which shall not exceed a sum equivalent to the costs of the -3- time and material necessary to make the installation. The owner or requesting party may then elect to authorize the installation of said antennaplex or other distribution system in accordance 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 shall be subject to the inspection and approval of the Grantee. SECTION 11 - LINE EXTENSION In those existing developed areas and portions of the City where construction of cable television and distribution facilities were not required by the original franchise in areas and portions of the City which were or are developed sub- sequent to the grant of the original franchise, the Grantee shall extend the cable television and distribution facilities under the terms and conditions of the Line Extension Policy, a copy of which is attached hereto as Exhibit A. SECTION 12 - EFFECTIVE DATE This Ordinance shall become effective thirty (30) days from and after its passage, or on October 1, 1980, whichever is later, 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. 834-80 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 (15) days after passage thereof. -4- Introduced this 6th day of August , 1980. Passed and adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council of the City of South San Francisco this 20th day of Auclust 1980, by the following votes: AYES: Counctlmn Ronald G. Acosta, Mark N. Addtego, Emanuele N. Damont~, Gus Ntcolopulos; and Councilwoman Roberta Cerrt Teglia NOES: None ABSENT: None Ordinance this As Mayor of the City of South San Francisco, I do hereby approve the foregoing 20th day of August , 1980. Mayor -5- EXH IB IT A LINE EXTENSION POLICY OF WESTERN 'TV CABLE Existing. DevelopedAreas Ae Whenever WESTERN TV CABLE shall receive a request for service from at least ten (10) residents within 1,320 cable feet of its existing trunk cable and those residents do subscribe for such service, WESTERN TV CABLE shall extend the cable system to provide that service at no cost to the subscribers for the extension, other than the usual installation and connection fees applicable to all subscribers, provided that such con- struction is not required to be placed underground. Be No person, firm or corporation in WESTERN TV CABLE's service area shall be arbitrarily refused service. However, in consideration of the capital costs involved and the benefits accruing only to the local individual subscriber or subscribers rather than to all subscribers in the service area, unusual costs such as requirements for underground construction of the system or of service connections, or a density of less than ten (10) subscribers per 1,320 feet of extension, or more than 150 feet of aerial service connection, service may be made available on the basis of the applicable costs of materials, labor and easements. WESTERN TV CABLE shall prepare a written agreement specifying the work to be done and the amount to be paid by the person(s), firm or corporation requesting the service and that amount shall be paid to WESTERN TV CABLE before any consideration of the extension is required to begin. In the event that underground construction is requested or required, the cost paid to WESTERN TV CABLE shall be the amount that the actual construction costs exceed the estimated costs of standard overhead construction to provide the equivalent service. e In the event that the requests for service is made by less than ten (10) subscribers per 1,320 feet of extension, the (additional) costs paid to WESTERN TV CABLE shall be one hundred percent (100%) of the construction costs less a credit of ten percent (10%) for each participating subscriber, not to exceed a total credit of one hundred percent (100%). However, if additional subscribers are subsequently provided service, they shall pay their proportionate share of the original extension costs and the initial/existing subscriber shall be entitled to rebates in a means provided for in their written agreement with WESTERN TV CABLE. II. New Developments Extension of the system to furnish the service within a new single-family and/or multi-family residential developments will be made by WESTERN TV CABLE in advance of receipt of request for service in accordance with the following provisions: A. ~General WESTERN TV CABLE will construct, own, operate and maintain an underground cable television distribution system only along public streets, roads and highways which WESTERN TV CABLE has the legal right to occupy, and on public lands and private property across which rights-of-way and,~easements satisfactory to WESTERN TV CABLE may be obtained without cost to WESTERN TV CABLE. B. Installation WESTERN TV CABLE will install the cable television distribution system in trench, conduit and substructure provided by, or at the cost of, the developer of the subdivision or development according to City standards and the technical requirements of the cable television distribution system. 2. WESTERN TV CABLE will complete at its own expense: ae The installation of the distribution cables, amplifiers and all other equipment necessary for the construction and operation of the underground distribution system, as described in II A, above. Underground service connections will be made on the basis of the actual costs of time and materials. That portion of the system extension which may extend beyond the boundaries of the subdivision or development, to the existing distribution system main trunk cable, that is not excess of 200 feet. e That portion of the required extension of the system in excess of 200 feet outside the boundaries of the subdivision or development will be constructed underground or overhead as is required by the City of South San Francisco Rules and Regulations applicable to CATV and will be charged to the developer according to the provisions of C below. C. Advances by the Developer The developer shall pay or shall promise to pay, to WESTERN TV CABLE before the start of construction, the cost of extending the system beyond the boundaries of the subdivision or develop- ment, to the existing system main trunk cable of the distribution system to the extent that such extension is in excess of 200 feet from said main trunk cable. e Extension of the System in excess of 200 feet will require a written agreement specifying the terms under which WESTERN TV CABLE will install the extension and then the developer will pay the costs. -2- lill' ' · I ]lllll These costs are intended to be non-refundable. However, it is recognized that extensions made might later be used to provide service to other subscribers along that extension or to other subscribers of future or existing development beyond the subject subdivision or development. Therefore, the refundable status of the costs paid by the developer, for the extensions of the system beyond the boundaries of the subdivision or development in excess of 200 feet, shall be stated on the written agreement between WESTERN TV CABLE and the developer. -3- IIII ! 1 'i~ill