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HomeMy WebLinkAbout38.53 ORDINANCE NO. -38.53 ORDINANCE~RANTING A FRANCHISE TO TELE- COMMUNICATIONS, INC. TO CONSTRUgT*p?'OPERATE AND MAINTAIN A CABLE TELEVISION SYSTEM WITHIN~THE CITY OF SARATOGA. The C~ty Council of the City of Saratoga does hereby ordain as follows: Section 1: This Ordinance is enacted pursuant to the authority provided in, and all of the provisions, terms and Conditions of, Article VI of Chapter 4 of the Saratoga City Code (Sections 4-200 through 4-220), which Article is captioned "CABLE TELEVISION FRANCHISES", as added to said Code by Ordinance No.'38.12 of said City,-and as amended by Ordinance No. 38.12.3 passed and adopted on the 24th day of April, 1973, full and complete copiesof which Code'~Ordinances are on file in the office of the City Clerk. 'Section 2: .Pursuant to~the prqvisions of said Article VI of Chapter 4 of the Saratoga City Code, a franchise is hereby granted to TELE-COMMUNICATIONS, INC., a corporation, dba SARATOGA CABLE'TV, INC., hereinafter referred to as'Grantee, to construct, operate and maintain a cable television system within the city limits'of the City of Saratoga, for a term of fifteen (15) years, subject. to all of the-terms, conditions and provisions of said Article VI of Chapter 4 of said City Code. Section 3: The Schedule of rates and charges as set forth on Exhibit "A"I attached hereto and incorporated herein by reference, which schedule was filed by Grantee as required by Section 4-'2~(e) of the Saratoga City Code, as said filed schedule has been amended, is hereby approved. Grantee shallcharge subscribers and users ~' the rates and charges.in accord with said schedule, and no increase therein may be made'without the prior approval of the City Council of the City of Saratoga expressed by resolution~pr. ordinance. Section 4: Pursuant to the provisions of Section 4-206 of the Saratoga City COde, the Grantee shall, during the term hereof, pay to the City a sum equal to 3% of the gross annual basic subscriber receipts of the Grantee, such payments to be made monthly, and in any event for any year following the first full year of service by Grantee, a sum to be no less than $100 per month minimum. At such time as, if at all, Grantee expans"~ its services to include non-basic services, or advertising, or channel leasing, no such expansion to be permitted or included within the terms of the within franchise without subsequent approval by ordinance or resolution of the City Council, then and at that time there shall be established a requisite reason- able percentage of gross annual non-basic service rec'eipts and/or gross annual advertising receipts, and/or gross annual lease receipts, to also be paid to the City. Section 5: The cable television system herein franchised shall be used and operated solely and exclusively for the purposes expressly authorized by Article VI of Chapter 4 of the SaratOga City Code, And for no other purpose or purposes whatsoever. In addition to the operational standards and requirements set forth in said Article and Chapter of said Cod~, Grantee shall construct, Operate, manage and maintain said system in accord with the "CATV Performance Requirements" of the City of Saratoga, dated June 19, 1972, copy of which has heretofore!been furnished to Grantee, as said Performance Requirements havebee~ m~dified, explained and supplemented by those certain' l~tters, dated August 3, 1973, October 6, 1972 and May 1, 1973, directed to the City by said Grantee; copies of which communi- cations are on file wi~h t~e. Ci~y'Qffic.ese ' · -' In addition to.the fo~eg6ing, the within franchise is additionally made. s~bje~t to the provisions as set forth in the application of Grantee~ dated NoVember 1., 1~71, save and except that ,if any of. the matters set forth in said application should conflict wi~h the terms and provisions of Article VI of Chapter 4 of said City Code, or should conflict with the terms and provisions of the CATV Performance Requirements'of June 19, 1.~72, as hereinabove modified, then the pro- visions of said ~rticle and Chapter of said Code, and/or of. the CATV Performance Requirements, shall take precedence over any conflicting provisions in said original application. Section 6: In accord with Section 4-209(c), Grantee shall proceed to render services to subscribers no later than 180 days from date hereof, and service to all areas to be served in said City, as designated by Sections 3 and 4 of Grantee's said application, shall be provided within twelve (12) months from the date that service is first provided to subscribers. Section 7: This Ordinance shall take effect and be in full force and effect thirty (30) days after the date of its passage and .adoption; provided, however~ that the franchis~ herein granted shall not become effective unless and until Grantee files written acceptance thereof, and an agreement to be bound by and comply with all the requirements thereof, and otherwise complies with all the requirements of Sections 4-211 and 4-217 of the Saratoga City Code~bf'J~F2~'r973-"'In'~'~ ~ent th_e'Gra~t~ h~B'~'Ce~l~~ ~'f' ~proV{sions.of S~cti~ · ~f the ci~ C~d~=~ii~in 3~days fromi'date ~of~agC an~ %hereof~'t~is 0rdi~anc~a~d ~f~'~s~i shall be effect. ~ ' ' ~' ~!~_~. Section 8: The amount'~f the initial pe~forman'ce 'bond required by Section 4-211(a) is hereby fixed in the sum of $200,000, per Section 5.2~1 of CATV Performance Requirements,-June 19, 1972. The abo~e and foregoing Ordinance was regularly introduced, and after the waiting time required by law was passed and adopted by the .City Council of the city of saratoga at a regular meeting held on the 2nd 'day of May, 19.73, by the following vote: AYE S: ' ~'ml|mon 8mltb, Dwyer, Bridges, Diridon and Krau9 NOES: NORe ' - ~ ,v R~.~ ..... _ ,~- The above and foregoing ~s a true and correct copy of Ordinance 3~', fz~' which has been published acccrding ~o law. Deputy City Clerk Date - 3 - ~- EXHIBIT "A" SCHEDULE RATES AND CHARGES Telecommunications, Inc. will provide service to all areas of the City on the basis of uniform city-wide installation and monthly service charge as follows: (a) Installation..Charges %1) Residential Primary television outlet~ normal' installation Free** Additional outlets (i) When installed at sam~ time as Primary -- each Free** (ii) When installed at different time -- each S9195 (2) Hotels, Motels, Multiple Apartments (3 or more units),,Commercial Primary televisioh ou[fet, normal installation Time and materials -Add ltional outlets -- each Time and materials (3) FMRadio ~ FM Radio outlet (installed at same t~me as TV primary outlet) Free** FM Radio outlet (installed at differ= ' end time Free** Additional outlets -- each Free**. *For special installations our policy is to'charge on a basis of time and materials for service drops in excess b£ one hundred fifty feet (150') on subscriber's property. Underground houSedrops will be installed at no extra cost where trench and conduit are furnished by the property owner. ' "" **No cha~ges will be made during the construction of the system as well as during frequent annual sales campaigns. If a $9.95 instalfation fee is paid, the subscriber will not be billed for the 13th and 14th month, thus in essence, granting a free installlation no the subscriber. (b) Monthly Service Charges (1) Residential Primary'television outret $5.50 Additi6nal .outlets -- eac~ S1.00 FM~Radio outlet (~itb TV s~rvlce) No~Charge FM Radio outlet (without TV service) S5.50 Additional FM outlets -~ each S1.00 (2) Hotels, Motels, Multiple Apartments (single billing; all units connected) (3 or.more units), Commercial Primary television outlet $5.50 Additional outlets S1j00 (i) 1-15'outlets -- each S2.50 (ii) 16 - 40 outlets -- each S2.00 (iii) 41- 70 outlets -- each S1.50 (iv) 71 - 100 odtlets -- each SLY00 FMRadio outlet,(with TV service) No Charge "' FMRadi6 outlet (without TV. service '~ $5.50 Additional FM outlets -- each , $1o00 TV Dealer and licensed TV ~ervi~e shopS, multiple 0utletsj regardleSs'of number ,. -- flat rate $5.50 (c) Other,Charges Converter,l if r'equired or requested, eithe~ a one-time charge of $35.00 or an additional' monthly charge of, $2.00 Relocation of existihg outlet $5.50 Connection of new customer to existing television service Same as Residential Disconnection of service No Charge Grantee shall charge its subscribers and users the rates and charges in accordance with the foregoing schedule and no increase therein may be made without the prior approval of the City Council expressed by resolution.