HomeMy WebLinkAbout46 ORDINANCE NO. 46
AN ORDINANCE. OF .THE CITY OF SARATOGA
GRANTING A FRANCHISE TO CALIFORNI~ CABLE
~LEVISION CORPORATION TO CONSTRUCT,
OPERATE AND MAINTAIN A COMMUNITY
ANTENNA TELEVISION SYSTEM WITHIN THE
CITY OF SARATOGA ·
The'City Cotincil of the City of Saratoga does hereby
ordain as follows: ,
Section 1: This ordinance is enacted pursuant to the
authority provided in, and all the provisions,
terms and conditions of~ArticleVIof Chapter 4 of the Saratoga
City-Code ~Sections 4-200 through 4-223)', which Article is
captioned 'CATV Franchises", as added to' said City Code by
Ordinance No. 38.12 6f the.City~ passed ~nd adopted on
October 5, 1966, as amended by Ordinance No. 38.12.1, passed
and adopted December 6, 1967, full and complete copies of
which Code and Ordinances are oh file in the Office of the
City Clerk. /
Section 2: Pursuant to the provisions of said Article VI
of Chapter 4of the Saratog~J~tv C~ a
franchise iS hereby granted tO~ALIFORNIA CABLE TELEVISION CORPORATION
hereinafter referred'to as Grantee, to construct~ operat~
and maintain a CATV system within the C~ty' limits of the City
of Saratoga, for a term of 20 years, wi%h all of the rights.
and privileges, and subject to each and 'all o'f the terms
conditions and provisions, of said Article V~ of Chapter A of
said City Code.
Section 3: The schedule~of r~tesr~ and'Charges as set
forth on Exhibit "A" attached hereto and
incorporated herein by reference, which schedule was filed by
Grantee as required by SeCtion ~-218(e) of the Saratoga City
Code, is hereby approved. Grantee shall charge CATV subscribers
the rates and charges in accord!with said schedule, and no
increase therein may be made without theeprior approvai of the
City Council of the City of Saratoga expressed by resolution.
SectionI4:l 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 receipts of the Grantee, such payments to be
made monthly, and in any event,Lin any year following the first
full year of service by Grantee, a sum of no less than $100.00
per month minimum. ~
Section 5: In accord with Section 4-209(c), Grantee
shall proceed to render service to subscribers
no later than~ ~we~w~.mon~hs ~ from date hereof, and service
to all-areas ~r~ed as designated on the Map accompanying
Grantee's applicatiod~or franchise, shall be provided within
one year from date~tha~ servicewas first proviHed.
·"~ Section. 6: The CATV system herein franchised shall be used and
oper'ated solely and e~clusively for th~ purposes ex-
pressly authorized by Article VI, of. Chapter 4, of the Saratoga City Code,
and for no other purpose whatsoever. In ~ddition to the conditions set
forth in said Article and Chapter of said Code, the within franchise is a
additionally made subject to the pr__ovisions·as set fo th in the application
of Grantee submitted May 27, 1966 as .amended by letter da~d November 18,
1968, ~nd as ~mplified by letter d~ted January 14, 1969 in regard to facilities
available for use in the ~chools in ~Saratoga, save and except that if any of
the matters set forth in said application ishoutd con£1ict with any of the terms
o~ provisions of said ArtiCle VI of Chapter 4 of the said Saratoga City Code,
then the provisions of said Article and Chapter of said Code shall take
_precedence. Over any conflicting_prdviSion~ in safd a~plication.
Section 7: This ordinance shall take effect and be in
full forC'e and effect thirty days after its
passage and adoption; provided however, that the franchise
hereby granted shall not become effective unless and until
Grantee files written acceptance thereof andan agreement to
be bound by and comply with all of the requirements thereof,
and otherwise complies with all of the requirements of
Sections 4-214, 4-215(a)(b) and Section 4-221 of the Saratoga
City Code. The face amount of the performance bond as required
by Section 4-214 of said Code iS hereby set and established
at $25,000.00.
The above 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 __'19th day of
February , 196~, by the following vote:
AYES: Counc~fm~' +~i~ 'R~bi~, .~mith, Sa~e~s~ ~ffer
NOES: None
ABSENT: None, i' 'il i, , = /~C//~,,/
ATTEST · ,/,,~
published accordin9 to }aw, ' which has been
-2-
. CaLifornia Cable'Television Corporation
-.. 240 El Camino Real
~ Belmont, California 94002
November'l~, 1968
~"~'~ Mr. J. R. Huff
~" i.~, City Administrator
i: City of Saratoga
.! ~.. 13777 Fruitvale Avenue
'!..~ Saratoga, California
Dear Sir:
In response to your letter of October 17, 1968 requesting
submission of revised proposals for CATV franchise we
hereb~ submit:
(A). California Cable Television Corporation offers
: the use of one (/).or more, as required, channels
for educational use by your school district.
We also offer useof our studio facilities at
no fee-upon request of the school district.
(B}. D-ring the co~rse of construction our trenches
could be utilized.for the placement of necessary
wires for a fire and/or police alarm system.
(C).We wish to revise our proposed rate schedale as
shown on the attached sheets.
' We look forward hopef,,lly to a long and mutually beneficial
~' ~'{' a~sociation if our revised application is accepted.
,"~i' V. E Sharar
... ~. Vice President
[~nalosu. re.t,
CALIFORNIA CABLE TELEVISION CORPORATION ~
.~ARATOGA
PROPOSED RATE SCHEDULE
A. SINGLE DWELLING UNIT OR BUSINESS
Installation charge: PLAN A'- $5.95 "
PLAN B -$25.00 {includes use of converter)
MOnthly ~ervice charges until two thousand {2,000)
active ~,,bscribers are connected to the cables.
(Zncludin9 Commercial.)
Paid Paid Paid
Annually Semi-Annually' Monthly
In Advance In Advance In Advance
1~t Outlet $5.15 $5.45 $5.75 =
2nd and eacl
Additional
ITV or FM] $ .90 ~ .q5 $1.00
After2,000 Subscribers
Ist Outlet $5.05. $5.35' $5.65
2nd and eacl
Additional
Outlet
(TV or FM) $ .90 $ .95 $1.00
After 5,000 Subscribers
Is~ 0,,tlet $4.95 $5.25 $5.50
2rid and eacl
Additional
O~tl~t
(TV or FM) $ .90 $ .95 $1.00
Proposed Rate Schedule
B. COMMERCIAL SCHEDULE
(Mu£tiple dwelling units where one invoice i~ to be
issued for more than four units.)
I~ Installation charge: Time and Material Cost.
2. Month£y ~ervice charges until two thousand {2,000) active
subscribers are connected to the cables. (Including
Sched-£e "A").
Paid Paid Paid
'Annually Semi-Annually ~onthly
in Advanc'e in Advance in Advance
Is~. 15 Outlets {each) $2.25 $2.40 $2.50
16-30 0utle~ leach) 2.00 2.15 2.25
31-60 Outlets (eaCh) 1.75 1.90 2.00
61-I00 Outlet~ (each) 1.50 1.65 1.75
3vet ~00 Outlets (each) /.25 1.40 1.50
(Additiona~ TV or FM Outlets in each unit e$I.00 month each)
After 2,000 Subscribers
-i~ |5 Outlets (each) 2.15 2.~0 2.40
16-30 Outlets (each} 2.90 2.05 2.15
~1-60 0utle~ (each) 1.65 1.80 1.90
51-100 O~tlets (each) 1.40 1.55 1.65
~uer 100 Outlets (each) 1.15 I.~0 1.40
{Additiona£TV or FM Outlets ineach unit e $1.00 month
Proposed Rate Schedule
After 5,000 Subscribers~
Paid Paid Paid
Annually Semi-Annually Monthly
in Advance in Advance in Advance
· Ist, 15 Outlets leach~ ~2.00 $2~15 $2.25
!6-30 Outlets (each} 1.75 1.90 s:2.00
31-60 Outlets (each) 1.50 1.65 '1.75
61-100 Outlets (each) 1.25 1.40 1.50
Over 100 Outlets (each) 1.00 1.15 1.25
(Additional TV or FM Outlets in each unit g $1.00 month each).
CONVERTER CHARGES
C~stomer would have choice of twelve (121 or up to twenty 120)
~hannel reception,. Those customer~ paying the $25~00 installation
charge would have use of converter at no additional fee.
"~'PLAN A Refundable d~po~t of $30.00
...... (California Cable will Nay 5% per annum on deposits)
!c~PLAN B $1.00per month rental
ACCEPTANCE OF CATV FRANCHISE
The undersigned, California Cable Television Corporation,
having heretofore made application to the City of Saratoga for a
franchise to own, construct and operate a CATV system within the
limits of said City, all in accord with Article VI of Chapter 4
of the Saratoga City Code, and said application having been accept-
ed by the City Council of the City of Saratoga, and thereafter on
the 19th day of February, 1969, Ordinance No. 46 having been passed
and adopted by said City, granting said £ranchise under certain terms
and conditions, now therefore, in accord with Section 4-221(b) of
Article Vi, Chapter 4, of the Saratoga City Code, the undersigned
California Cable Television Corporation hereby accepts the franchise
as granted by said Ordinance, and agrees to be bound by and to comply
with and to do all things required of it by the provisions of said
Ordinance granting franchise and by the provisions of Article VI,
Chapter 4 of the said Saratoga City Code.'
ExecUted at San Carlos, California, this 20 Day of March,
.1969.
California Cable Television Corporation
/~
(Corporate Seal)
P "~" "" California Cable Television Corporation
,i 894 Indus trial Road
!! -. 'SanCarlos, California 94070
i! " ~ -' ."January 74,.196'9
li ..:': -. . .
i! . ....'
I~ "' M~. J. R. Huff' '
" " " Cit~ Administrator
i, .~ City of Saratoga .
73777 Fruit'vale Avenue ':
. · Saratoga, California'
.. D~ar Mr'~'Huff:
Wewishto offer the following information in reply
' """' to your request for clarification of our commitment to
~ e school districts
... California Cable Television Corporation offers the
, : use of 'one (1]or more, as required, channels for educa-
" .. tional use by your school districts. Our studios, cam-
.'L'. .,..eramen, cameras, technical assistants, taping machines
.. ~and pertinent equipment would be available to all distri~t~
at no fee upon request.
· " It is our belief that closed c~rcuit broadcasting
for the school districts and of local city f~nctions wil~
.be a valuable contribution to the welfare of the city,
We are ~nthusiasti~ally looking forward ~o t~e op-
portunity of servi.ng t~e..Ci~y'of Saratoga.
· ':~.. .--.-.... ~.... Sincerely,
" Verne A.. Laughto~
Presiden~
VAL:jz