HomeMy WebLinkAboutCity Council Resolution 2259 RESOLUTION NO. 2259
A RE~)LUTION OF THE CITY COUNCIL OF THE CITY OF
SARATOGA CONDFHONALLY APPROVING ASSIGNMENT OF
THE FRANCHISE FOR CABLE TELEVISION SERVICE
WHEREAS, on August 3, 1977, the City adopted Ordinance No. 38.79
granting a franchise to Video Engineering, Inc., to construct, operate and maintain a
cable television system within the City of Saratoga; and
WHEREA~, Video Engineering, Inc., desires to assign and transfer all of its
right, title and interest in and to said franchise to its shareholders for immediate
reassignment to Hearst Cablevision of California, Inc. ("Hearst Cablevision"); and
WHEREAS, Section 4-207(d) of the City Code provides that no assignment
of the cable television franchise can be made without the prior consent of the City
Council expressed by resolution, and then only under such conditions as prescribed by
the Council; and
WHEREAS, the City Council has reviewed the qualifications and
experience of the proposed transferee together with the staff report dated July 3,
1985, recommending certain conditions for the City's consent to the requested
transfer, and the Council finds and determines that it would be in the best interests of
the City and the subscribers to the cable television service that the proposed transfer
of the franchise be approved, subject to the conditions hereinafter set forth,
NOW, THEREFORE, the City Council of the City of Saratoga does hereby
resolve as follows:
1. The proposed assignment of the cable television franchise by Video
Engineering, Inc., to its shareholders for immediate reassignment to Hearst
Cablevision is hereby approved subject to full compliance by Hearst Cablevision with
each of the following conditions within a reasonable time after the effective date on
which the sale transaction is consum mated:
(a) Hearst Cablevision shall upgrade the performance bonds
furnished to the City pursuant to Section 4-211(a) of the City
Code and all forms of insurance furnished to the City pursuant
to Section 4-211(d) of the City Code to an amount equal to the
average bonding and insurance coverage provided by Hearst
Cablevision to the three public agencies located closest to the
City of Saratoga, as determined by the Director of Community
Services.
(b) Hearst Cablevision shall explore methods of providing public
access loeal/origination programming within the City, in
cooperation with station KCAT in Los Gatos and shall submit a
written report to the City Couneil concerning the same within
six months from the date this resolution is adopted.
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(c) Hearst Cablevision shah provide a dedicated channel for
educational programming.
(d) flearat Cablevision shah provide cable drops to the Saratoga
Civic Theatre and to all schools and colleges within the City
requesting such connection, without charge for installation
cost. Hearst Cablevision shall also furnish to the City for use
in the Civic Theatre three professional grade low-light video
cameras, a master switching audio/visual control center, a
professional grade 3/4" video tape recorder, four monitors,
lighting ~' ~ri~,, and insJ:allat:ion costs.
(e) Hearst Cablevision shall establish a procedure for the handling
of complaints which shall include specified levels of service and
customer treatment. A written description of such procedure
shall be submitted to the Director of Community Services
within 45 days after the adoption of this resolution and shall be
subject to his approval.
(f) Hearst Cablevision shall maintain a customer service office in
Los Gatos with representatives thereat having authority to
make changes in billing and programming directly from such
office. The telephone number of the Los Gatos office shall be
toll free from any location within the City of Saratoga.
(g) When installing new facilities located upon private property
over which Hearst Cablevision has a right of access by reason
of easements or otherwise, Hearst Cablevision shall
nevertheless attempt to obtain a consent to entry upon such
property from the owner thereof.
{h) Hearst Cablevision shall restore all road surfaces which have
been cut or otherwise damaged as a result of the installation of
cable television facilities to a satisfactory condition, as
determined by the City Engineer. This condition applies to all
roads which have not been restored by Video Engineering, Inc.,
as of the time the sale transaction is consummated.
(i) Hearst Cablevision shall provide service to all areas of the City
meeting the density requirements as stated in the franchise by
the end of calendar year 1985.
2. The City Attorney is hereby directed to prepare and submit to the
City Council for adoption the following amendments to Chapter 4, Article VI of the
City Code:
(a) Amend Subsection 4-204(c) to read as follows:
"Maintain an office in the City or at such other location as
approved by the City Council, which office shall be open during
all the usual business hours, with a toll free telephone number
listed in the directories of the telephone company serving the
City and having a representative of grantee employed thereat
with authority to make changes in billing and programming. In
the event repair calls from subscribers are dispatched from a
facility other than the local office, grantee shall provide a toll
free number to such facility and the facility shall be so
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operated that complaints and requests for repairs may be
received at any time, day or night, seven days a week."
(b) Section 4-211(a) and Section 4-211(d) shall be amended to
reflect the upgraded bonding and insurance to be furnished by
grantee in accordance with condition l(a) above.
3. Hearst Cablevision shah negotiate with Gill Cable for the acquisition
of cable television service currently being furnished to the Sunland Park area of the
City. The City expressly reserves all claims which may be asserted against Gill Cable
for the payment of franchise fees on cable television service heretofore or hereafter
rendered by Gill Cable to Sunland Park.
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The above and foregoing resolution was passed and adopted at a regular
meeting of the City Council of the City of Saratoga held on the 17th day of July, 1985,
by the following vote:
AYES: Councils Callon, Fanelli, Hlava, Moyles and Mayor Clevenger
NOES: None
ABSEN~Dne
MAYOR
CITY CLERK
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