HomeMy WebLinkAbout38.54 ORDINANCE NO. 38 · 54 ,.
ORDINANCE GRANTING A FRANCHISE TO
SARATOGA CABLE TELEVISION, INC., TO
CONSTRUCT, OPERATE, AND MAINTAIN A
CABLE TELEVISION SYSTEM WITHIN
THE CITY OF SARATOGA
The City 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 ChapFer 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 38.12
of said City, and as amended by Ordinance No. 38.12.3, and Ordinance No. 38.12.4,
passed and adopted on the 5th ~ay of December, 1973, full and complete copies of
which Code and Ordinances are on filein the office of the City Clerk.
Section 2: Pursuant to the provisions of said Article VI of Chapter 4
of the Saratoga City Code, a franchise is hereby granted to SaratOga Cable
Television, Inc., a corporation, 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, and
an option is also granted said Grant'ee for a renewal of said franchise for a
fu'rther term of five (5) years, subject to all of the terms and conditions and
provisions hereof and of said Article VI of Chapter 4, provided said option is
exercised by Grantee by notice in writing to the City not less than ninety (90)
days prior to the expiration of the original term of this franchise and provided
.~ further tha~ upon receipt thereof a public hearing be held by the City Council for
renewal of the franchise of the Grantee at or near the end.of said original
fifteen (15) year term and provided further that the City Council shall upon said
public hearing determine that the Grantee has complied with FCC rules and the
· terms of the franchise.
Section 3: The schedule of rates and charges as set forth on Exhibit "A"
attached hereto and incorporated hereln by reference, which schedule was filed by
Grantee as required by Section 4-214(e) of the Saratoga City Code, as said filed
schedule has been amended, is hereby approved.' Grantee shall charge subscribers
and users an amount not to exceed the rates and charges in said schedule. At such
time Grantee may wish to provide additional basic or non-basic subscriber services
other than those provided for in Exhibit "A",.attached, or increase, modify, or add
to those charges for subscribers or users in accord with said schedule~ Grantee
"' shall submit such request to the City Council for prior approval expressed by
resolution or ordinance beEore Grantee may impose such charges.
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 sdm equal
to 3% of the gross annual basic subScriber/and non-basic services (less cost of
product in case of pay T.V.), including advertising and channel leasing receipts of
the Grantee, such payments to be made annually, within fifteen (15) days of filing
statement for previous fiscal year~Septembe~ 1 to August 31).
Section 5: The cable television sy.stem herein franchised shall be used and
operated solely and exclusively for the purposps expressly authorized by Article
VI of Chapter 4 of the Saratoga City Code, an~ for no other purpose or purposes
whatsoever.
In addition to the operational standards and requirements set
forth in said Article and Chapter of said Code, Grantee shall construct, operate,
manage, and maintain said system in accord with the "CATV Performance Requirements"
of the City of Saratog_~a?Jated June 19, 1972,1~copy of which has heretofore been
furnished to Grantee, as said Performance Requirements have been modified, explained,
and supplemented by that letter, dated December 18, 1973, as set forth on Exhibit "B"
attached hereto.
In addition to the foregoing, the within franchise is additionally
made subject to the provisions as set forth in the application of Grantee, dated
November 1, 1971, save and except that i'f any of the matters set forth in said
application should conflict with the ter~sandlprovisions:o'~'Article VI of said
City Code, or should.dq~flictI~Wi[h ~he ter~s and ~p~ovi~ions of'the CATV Performance
Requirements of June 19, 1972, as hereinabo~e modified, the~ the provisions of said
Article and lC~apter of' said Code, and/or of the CATV Performance Requirements, shall
take precedence over any conflicting provisions in said original application.
'Section 6:-'. In adco~d with Section 4-209(c) and (d), Grantee shall proceed
to ~ender service to subscribers no later than one hundred eighty (180) days from
start of construction, provided request and application for service is made. Service
.shall be made available withi~ all areas of Service Area I and II as designated on
the CATV constru6tion schedu~map, dated March 26, 1974, within eighteeh.(18) months
from start of congtruction.-
In those service areas designated Area II, Sections (a) and (b) on said con-
str·uctionschedule map,·~rantee shall be required to proceed with construction to
provide service to-a given area in ServiCe Area II within eighteen (18) months from
start of construction.
· A Li~e .Assessment'Charge 'shall be computed and shall reflect the diff~rence~
in cost (added ,cost) to the grantee for CATV cable ~lant construction costs in
· Service Area II and that cost to~rantee for equivalent CATV ~hable plant if hg~g~
density is 60 homes per plant mile. The cost to build CATV cable plant shall b~
that cost to grantee at that time grantee is required to 'start pre-sell of sections
in Area I~ as outlined above. ~his is reflected in the following'formUla:
Line Assessment ·Charge Cost of total CATV cable plant minus cost of
= equivalent plant at 60 homes/mile
in Area II 50% o total homes
· f
(coS~ of equivalent plant at 60 homes/mile = equivalent miies x cost/mile)
(equivalent miles = total home~)
Prior to Grantee proceeding to implement the pre-sell program in Area II,
Grantee shall submit projected costs and 'charges.to the City Council for approval
by resolution. ~ .
Subject to delays caused by ACts of God, strikes, or by persons or events not
in Granteels control, Grantee shall complete its facilities necessary to serve Area I
and Area II within eighteen (1~) months after start of construction.
Section 7: Pursuant to Section 4-211(a) of the Saratoga Ci~ Code, the
Grantee shall post a.$75,000 cash bond concurrently with the filing·of the a'cceptance
of the Awar~ of the CATV franchise. Said cash bond shall bereduced by the release
of the following set forth amounts therefrom, upon the respec. tive.satisfact~ry
completion of each o~ the following'states of construction or operation:
~ 1') Upon completion of Administrative and Management System,'
(a) Assignment of System Manager $ 3,600
(b) Assignment oflSystem Engineer 3}000
2) Upon completion of system engineering and design 11,000
j) Upon completion of Mas'ter Antearia System ' i2~000
4) Upon complet'ion of construction of 20 miles of the 10,DpO
Signal Distribution System
5) Upon providing CATV service to the first 100 customers 5,000
6) Upon completion.of studio-System design ., 5,000
7) Upon completion of programmingsy~te~ ~esign and 1,000
implementation b~.first stage'er,
March 20, 1974
EXHIBIT "A"
CABLE TELEVISION RATES AND CHARGES
By
SARATOGA CABLE TELEVISION, INC.
2.0 Rates and Charges for Installation Services - Basic Service:
2.1 First Outlet (T.V. or F.M.)
2.1.1 Installation Charge
From Aerial Feeder $15.00'
From Underground Feeder 35.00**
*Underground service drop at cost (time and material)
**Normal service drop less than 150 feet; over 150 feet at cost
2.1.2Far remote, relatively inaccessible subscribers within the
city, service may be made available on the basis of cost
of materials, labor and easements if required by the grantee.
3.0 Monthly Service Rates - Basic Service:
3.1 First outlet (T.V. or F.M.) ~8.50
3.2 Additional outlets 1.50
4.0 Relocation charge: 5.00 per outlet
5.0 Reconnection charge:
Drop cable availabE 10.00
Drop cable not available See 2.1.1 above
6°0 Non-Basic Service Charge:
6.1 Premium T.V.
6.1.1 Monthly Charge 2.00*
*This rate does not include programs to be charged on a program
basis. 'Rates for such programs must first be approved by the City
Council. -~ --
' 7~0 Other Charges:
'In'ber~ice-~re~ .I~ wHere.home density is..le'gs than 60 home~' pe~ ~AT~,c~Ye'f.'~''-
:plant ffLile 'a'Lin~ ~ss~s~ment charg~ ~ill be made based on.-"cable~'pla~'H:
cost to sehriC~-thSse 'homes ~n accordance with formula 'expressed in Section
6 of Ordinance 38.54.
-. ~'. ,
.:i The L~ne~Assessment ~harge shall be charged ~11 new subscribers after the-pre-
sell program. Line ~ssessment charges collected-~rom all such new subscribers
shall be reimbursed on a prorated basis to all subscribers on a quarterly
basis. Such re{mbursement shall be in the form of credits for service or if ·
the amodnt exceeds one years service charge then such excess reimbursement
shall be reimbursed in cash.~. . . "'
a h' "' ~ ' "~ ''~ ' ' ~ " ,; · . ' , i ~ ~
~- In an~ event ome that ~s once serviced wt~h cable T V and the then occupant
" of'that~ hOma payS.the ~ifieA~sess~ent c~arge subsequent occupants of t a
will not be charged an.additional Line Assessment charge, provided thak the
subsequent occupant retains cable T.V. service on a continuing basis.
The remaining $25,000 cash mdy be converted to a $25,000 surety bond acceptable
to the City Attorney and shall remain in effect for the term of such franchise or
the renewal thereof. The $75,000 cash bond shall be deposited by City at current
interest rates with interest accruing to Grantee.
In the'event Grantee'is unable to proceed with construction
'the 'cable television system due to acts of God or the elements, or due to the failure
bf third parties, ~.e. telephone 'company, Other utilities, to enter into necessary'
arrangements with Grantee~ and Grantee presents evidence to City.that he has
diligently pursued and taken whatever reasonable steps are ~ecessary to arrive at
said agreements necessary to implement the cable television system, and as a result
· of said action, it is determined that a dable television system will not b~able
to be constructed for the above-mentioned reasons.and the City Council~aF~agrje~'t?a~!
franchise with Grantee should beterminated for same reasons, Grantee shall be
'eligible for return of said cash bond.
Section 8: Pursuant to Section ~-204(a) of the Saratoga City Code, the
Grantee shall construct a cable television system having a minimum capacity of
twenty seven (27) channels, with ultimate fifty~four (54) channel capacity., It is
understood that during initial construction of the systemSproviSion will be made
for dual cable in all areas where undergrounding occurs, for space therefore On
utility poles when rearrangements are made, and for service drops. The ultimate
fifty four-channel system shall be made operational as soon as channel signals in
excess of twenty seven (27) are reasonably available to Grantee, or if the~state of
the art.provides a greater channel capacity.on the amplification system then when
that capacity is reached.
Section 9: Pursuant to Section 4-213(h)~ Grantee shall periodically 'Update
the cable system, 8nce installed~ to conform with advances in the sta.te of the art
to provide features which keep the system from becoming obsolete.
Section 10: If any section, subsection, sentence, clau~e, or phrase Of this
~rdinance is for any reason held by a court of competent .jurisdictiOn to b~ invalid.
suchf~.~_jis~_~_o~d~_al~' not affect the validity of the remaining portions of this
ordinance. The City Council of the City of Saratoga hereby declares that it wo~ld
have passed this ordinance and eaqh~section, subseqtion, sentence, clause, and
phrase thereof, irrespective 6f the fact'~that any ode o~ more sections,'subsections,
sentences,.clauses or phrases. be held.invalid or unconstitutional.
Section 11: This ordknance shall take'effect and be in full force and effect
thirty (30) days after the date of' its passage and adopeion; provided, howeyer,
that the f~anchise 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.
The above and foregoing. ordinance Qas regularly intrqduced~ 'and after the
waiting time required by laW, was thereafter passed and adopted at a regular meeting
of the City Council of the City of Saratoga on the 3rd ' day of April
· 1974, by the following vote:
AYES: Councilmen Smith, Brigham,' Kraus, Diridon and Bridges
.NOES: None
~ ~ ¢ ~ The above J lforegol.?~ a true and cottea
copy of Ordh ~nce ..3Z' .-~ which has
, ~S' ( C 2 ' iI ·
P ~ t
% l ~!T~ ~C~ERf' Deputy City Clerk Date
'EXHIBIT B
CATV Performance Requirements referred to in Section 5 of ordinance number 38.54
is modified, explained and supplemented as follows:
3.1.4 The program director shall be assigned upon start of local origination
~' '.'.programming.
3.1.5 (a) The reporting of equipment up dating shall be limited to major
items.
(b) A copy of the annual FCC report regarding system service log
and program schedules shall be used to meet the requirements of reporting
system and component failures, maintenance results and summary of
previous programming. ~
(c) A monthly or weekly list of future programming schedules
shall meet the requirement of reporting proposed programming.
3.2 Equipment Function
All requirements designated "A Priority" shall be incorporated
at that time when in the case of local origination bL~' incorporated
at start of local origination and when in the case of CATV system incorpor-
s .' -ated in design and construction of the system, except as follows:
3.2.1.19 One-way window shall be provided at grantee's
option.
3.2.1.20 Air conditioning shall be provided to conform to
grantee's equipment and operational needs.
3'.2.1.24 The control room shall be designed and dimensions
determined by grantee as required by grantee.
3.2.2.2 The height of any light grid including amount of
light shall be determined by the grantee to meet operational
needs.
3.7.3 The grantee shall provide cable casting services as required
by the FCC or as outlined in grantee's October 29, 1971, proposal copy
of pertinent sections attached.
3.7.3.3 This section is agreed to by grantee except that any such
~ ~ ~ programming shall be agreed to mutually by the city and grantee.
3.2.2.5 Air conditioning - see above.
3.2.2.8 Maximum permissible speech interference level shall
be determined by the grantee to meet operational needs.
3.2.2.9 Ceiling height shall be determined by the grantee to
meet operational needs.
3.2.2.10 Studio size, design, and construction shall be determined
by the grantee to meet operational needs. Plans will be sub-
mitted to the city~.for approval.
3.2.3 Mobile cameras may be the same as those required for studio
work as may be all other equipment required for mobile unit.
3.2.3.12 Self-contained power source shall be provided if
necessary to meet needs of mobile production.
3.2.4 All signal quality including system (outside and inside
plant) shall be in accordance with FCC regulations and as spec-
ified in section 4-213 of ordinance 38.12.4.
3.2.7 The distribution system shall be designed and installed
such that grantee has control of all signals for distribution.
3.4 Subcontracts whether for services or construction/instal-
lation shall be made by the grantee without prior approval
of the city of Saratoga.
3.5 Schedule
The sequence for implementing the segments of the cable system
referred to in this paragraph will not be necessarily as shown.
The FCC system proof-of-performance test and/or the proof of
performance test required of Saratoga Cable Television, Inc.
by its major lender shall be considered as acceptable to meet
the requirements of "acceptance testing" referred to in this
paragraph and else where in the Requirements.
3.5.10 The completion of the Saratoga CATV system shall be
accomplished within the time span allocated by ordinance 38.12.4.
3.6.1. The FCC proof-of performance tests as well as the proof-
of-performance test required by the lender to Saratoga Cable Tele-
S_~'~ision, Inc. shall be used to meet the maintenance program called
for in this paragraph .
3.6.2 The FCC annual technical and I~y of performance report(s)
shall be submitted to the City Manager.
3.6.3 The copy of the annual FCC report shall meet this requirement.
3.7.1 including 3.7.1.1 through 3.7.1.4 signal carriage shall
be in accordance with request to FCC for signal carriage. FM
channels shall be carried within the technical cabability of being
carried.
4.0. The city shall accept FCC Proof-of-performance testing and/or
the major lender's acceptance testing to meet acceptance testing
requirements referred to in this section.
4.1. including 4.1.1,4.1.2, and4.1.3 The selection of the Head-End
including signal survey work shall be determined by Saratoga Cable
TV, Inc.
4.2 The passing of FCC tests shall meet this requirement.
4.3. including 4.3.2 and 4.3.3 Air conditioning and sound pressure
requirements shall be as herein modified.
All priority Items B shall be included except as follows:
3.2.1.9 Wave form monitor shall be provided with ~n~l'e input
at the option of grantee.
3.2.1.11 The number of switching busses and inputs shall be at
the option of the grantee.
3.2.1.13 Insert key shall be provided by the grantee not
necessarily as specified.
3.2.1.16 This requirement is deleted due to the fact that this
type of light control is not necessary.
3.2.1.26 This modulator is the same modulator called for elsewhere.
3.2.3.3 This generator may be the same as that for Control Room.
3.3.2 This item shall be a "C" classification.
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