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HomeMy WebLinkAboutReso 4618-1967RESOLUTION NO, 1~618 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION DECLARING THE COUNCIL'S DETER- MINATION TO GRANT A CATV FRANCHISE AND THE TERMS AND CONDITIONS UPON WHICH THE FRANCHISE IS TO BE GRANTED BE IT RESOLVED by the City Council of the City of South San Francisco that pursuant to Resolution No.4476, passed the 16th day of May, 1966, entitled "A RESOLUTION ESTABLISHING TIME FOR RECEIPT OF CATV APPLICATIONS AND THE FORMAL PRESENTATION OF SUPPLEMENTAL DATA AND STATEMENTS", and Ordinance No.547, adopted the 6th day of June, 1966, entitled "AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO PROVIDING FOR THE GRANTING OF FRANCHISES FOR COMMUNn't AN- TENNA TELEVISION SYSTEMS; PROVIDING TERMS AND CONDITIONS FOR THE OPERATION OF SUCH COMMUNITY ANTENNA TELEVISION SYS- TEMS AND FEES THEREFOR", the following declarations of terms and conditions are hereby made: 1. DEFINITION The word "Franchise" shall have the meaning set forth in Ordinance No.547 entitled "AN-ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO PROVIDING FOR THE GRANTING OF FRANCHISES FOR COMMUNITY ANTENNA TELEVISION SYSTEMS; PRO- VIDING TERMS AND CONDITIONS FOR THE OPERATION OF SUCH COM- MUNITY ANTENNA TELEVISION SYSTEMS AND FEES THEREFOR", passed June 6, 1966, and amendments thereof. 2. DETERMINATION TO GRANT The City Council hereby makes the determination to grant such a franchise providing for a Community Antenna Television System in the City of.South San Francisco. 3. TERMS AND CONDITIONS The terms and conditions uonn ~h~eh .~,,,-h ~ ~.~4o~ 3.1 PROVISIONS OF ORDINANCE N0.547 The provisions of Ordinance No,547 entitled "AN ORDINANCE OF 'THE CITY OF SOUTH SAN FRANCISCO PROVIDING FOR THE GRANTING OF FRANCHISES FOR COMMUN- ITY ANTENNA TELEVISION SYSTEHS~ PROVIDING TERMS AND CONDITIONS FOR THE OPERATION OF SUCH COMMUNITY AN- TENNA TELEVISION SYSTEMS AND FEES THEREFOR", passed on June 6, 1966, and any amendments thereof and regulations issued pursuant thereto shall govern the installation and operation of such Community Antenna Television System in the City of South San Francisco and the specific terms and conditions set forth in Sections 3.3, 3.4, 3.5, 3.6, 3.9 and 3.10 are elections or discretionary determinations made by the Council pursuant to said Ordinance. 3.2 DURATION OF FRANCHISE The term of the franchise shall be for eleven (11) years following the date of acceptance of the franchise by grantee. 3.3 FRANCHISE PAYMENTS Grantee of the franchise shall pay City the sum of Ten Thousand Dollars ($10,000.00) upon issu- ance of the franchise and annually for each franchise year a sum computed to the formula set forth in Alter- nate A of Section 6 of Ordinance No.547. 3.4 INSTALLATION OF SERVICE Grantee of the franchise in complying with Section 9 of Ordinance No.547 shall make the installation and render services to subscribers in accordance with the schedule set forth on the map attached hereto as Exhibit "A" entitled CATV - Installation Phases which map and schedule may be amended for cause by resolution of the City Council. 3.5 PERFORMANCE BOND Grantee of the franchise shall file a Faith- ful Performance Bond as set forth in and on the con- ditions described in Section 14 of Ordinance No.547, the principal amount of said bond to be equal to the cost of completely installing said CATV system, which principal amount ma ($50,000.0oY) be reduced to Fifty Thousand Dollars upon completion of the CATV system installation, said reduction to be effective upon approval by resolution of the City Council. 3.6 INDEMNIFICATION OF CITY Grantee of the franchise shall provide the (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 in- jury or death of any one person; One Million Dollars ($1,000,0OO.OO) for death of two or more persons in any one occurrence; and Five Hundred Thousand Dollars ($5OO,0OO.OO) for damage to property resulting from any one occurrence. (c) The aforegoing limits are subject to modi- fication as set forth in Section 15 of Ordinance No.547. 3.7 AUTHORIZED USE OF SYSTEM The CATV system shall be used and operated solely and exclusively for the purpose expressly authorized by Ordinance No.547 of the City of South San Francisco and no other purpose whatsoever. 3.8 CONNECTION CHARGES The installation charges (including labor and ma- terials) of such signal wire, or so-called "drop cable", or other service connection as may be necessary to afford to subscribers the reception of all programs from the CATV system shall be as follows: (a) SINGLE CONNECTION For the installation of a single such signal wire, or single "drop cable", or single service connection to the location of any such subscriber, except as hereinafter stated, the charge shall not exceed Fifteen Dollars ($15.00). (b) ADDITIONAL CONNECTION For the installation of each signal wire, or "drop cable", or service connection in excess of a single signal wire, or single "drop cable" or single service connection to the location of any such subscriber, except as hereinafter stated, the charge shall not exceed Five Dollars ($5.00). (c) EI~:~OND The installation charges set forth in 3.9(a) and (b) shall be rebated as a credit against the monthly service charges for the 13th, 14th, 15th, 16th and 17th months of service. Should a sub- limits of the City of South San Francisco~ he shall be entitled to a single installation as set forth in Section 3.9(a~without charge, pro- vided said subscriber has not been rebated the installation charge in accordance with this section. (d) MUNICIPAL INSTALLATIONS There shall be no charge for municipal installations (e) UNUSUAL CONNECTIONS The aforegoing rates shall apply to resi- dential areas in which residences are located not more than One Hundred Fifty,Feet (150~) from the street~or in the case of back yard service~ not more than One Hundred Fifty Feet (150~) from the cable and where said service is delivered from an aerial cable. The schedule and charges for unusual connections and other types of connections shall be established by the City Council, 3.9 SUBSCRIBER RATES The charge payable by the subscriber for affording to such subscriber the reception of all pro- grams from said CATV System shall be as follows: (a) SINGLE CONNECTION OR OUTLET To a single receiving set or apparatus at the location of any such subscriber which is served by a single service connection to such lo- cation, a sum not to exceed Four Dollars ($4°00) per month (b) ADDITIONAL CONNECTION .OR OUTLET For each single receiving set or apparatus in excess of one at the location of any such subscriber, a sum not to exceed One Dollar ($1.OO) per month (C) INCREASE IN RATES No increase in rates or charges to the sub- scriber shall be made without prior approval of the Council expressed by resolution, 4. ADDITIONAL TERMS AND CONDITIONS Additional terms and conditions, including sig- nals to be carried, may be set forth in the franchise granted and/or amendments to Ordinance No.547. Maximum pez~nissible service to be rendered to the subscribers in the City of South San Francisco will be considered in determining signals to be carried. 5. RESPONSE TO RESOLUTION This Resolution shall be forwarded to each appli- cant and response to said Resolution is requested on or before February 20, 1967, at 5 o'clock p.mo Applicant in responding is requested to advise the City Council as to whether a franchise containing the terms and conditions heretofore set forth will be acceptable. 6. COMMUNI~TION OF RESOLUTION DOES NOT CONSTITUTE A GRANT The communication of this Resolution does not con- stitute a grant of the franchise to any applicant and advice is hereby given that no election has been made by the Coun- cil to award the franchise to any applicant.at this time. . The purpose of this Resolution is to establzsh the acceptabxl- ity of the terms and conditions after which the City Council will consider the applications for the purpose of awarding the franchise. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 16th day of January , 19 67. by the following vote: AYES, COUNCILMEN Frank J. Bertucelli, Patrick E. Ahem, Emilio Cortesi, amd Guido J. Rozzi. NOE S, " None. ABSENT, " Andrew Rocca. ATTEST: City Clerk .J u x/ 4 u ¢.,:? ,' \ .,.~.~. ~ . ' ZONING MAP CITY OF SOUTH SAN FRANCISCC SAN MATEO COUNTY. CALIFOI~NIA Exhil CATV-Insta ZONING MAP SOUTH SAN FRANCISCO ;AN MATEO COUNTY. CALIFORNIA M'2'N f Exhibit" "A" CATV-Installation Phases SINGLE FAMILY RESIDENTIAL DISTRICTS DUPLEX FAMILY REI~IDENTIAL D'ISTRIGT$ MULTIPLE Ir.AM I LY RESIDENTIAL DISTRICTS ~NTRAL COMMERCIAL DISTRICT ~AVY C~MERCI&L DISTRICT LIGHT INDUSTRIAL DISTRICT HE~Y ,~OUSTRI&L DISTRICT PROF[ S~I~&L EXECUTIVE RESEARCH DISTRICT PLANNED COMMUNITY OISYRICT COMIlNING OI~TRIC T PLANNED C~M[RCIAL ~NO LIGHT INDUSTRIAL DISTRICT UNCLASSIFIED DISTRICT COMBINING DISTRICT