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HomeMy WebLinkAbout71.36 ORDINANCE NO. 71.36 AN ORDINANCE OF THE CITY OF SARATOGA MODIFYING THE CITY CODE BY AMENDING SUBSECTION 4-25.070(a) TO INCREASE THE CABLE TELEVISION SYSTEM (CATV) FRANCHISE FEE; ADDING SECTION 4-25.105 CONCERNING EXTENSION Ol~ CATV SERVICE; ADDING SECTION 14-30.085 AND AMENDING SUBSECTION 14-30.100(a) CONCERNING INSTALLATION AND UNDERGROUNDING OF CA'IN FACHATIES; AND REPEALING CERTAIN SECTIONS OF ORDINANCE 38.79 GRANTING A CATV FRANCHISE The City Council of the City of Saratoga hereby ordains as follows: SECTION 1: Paragraph (a) of Section 4-25.070 in Article 4-25 of the City Code is amended to read as follows: "(a) Any grantee granted a franchise under this Article shall pay to the City during the life of such franchise, a sum equal to five percent of the gross annual basic subscriber receipts and nonbasic subscriber receipts (less cost of product in the case of pay T.V.), including advertising and channel-leasing receipts of the grantee. Out of such payment, an amount equal to three percent of said gross annual receipts shall be retained by the City, and an amount equal to two percent of said gross annual receipts shall be utilized by the City exclusively for funding and support of the community access channel jointly operated by the City and the West Valley/Mission Community College District, or by any non-profit corporation, association or other organization established by the City and said Community College District for such purpose. Such payment shall be made by the grantee annually or as may otherwise be provided in the grantee's franchise, and such payment by the grantee to the City shall be in lieu of any occupation tax, license tax or similar levy." SECTION 2: A new Section 4-25.105 is added to Article 4-25 of the City code to read as follows: "~4-25.105 Extension of service (a) As used in this Section, the following terms shall have the meanings respectively ascribed to them in this Paragraph: (1) ResidentiAl dwelling unit means a single-family dwelling unit which is or could be billed directly by the grantee on an individual basis. (2) Multiple dwelling unit facility means a residential housing facility which is part of a complex or building containing more than one residential dwelling unit which is billed either on an individual or bulk rate single-biil basis to the owner of the facility. (3) Average density of fifty dwelling units means fifty residential dwelling units or multiple dwelling units with a total revenue potential equal to fifty residential dwelling units, or any combination of single-family and multi-family units having a revenue potential equal to fifty residential dwelling units. 2/12/88 -1- (4) Cable mile means a distance of one mile over which CATV cable can physically be installed, as measured from the nearest distribution line or preceding trunk, whichever is technically feasible as reasonably determined by the grantee. (b) The grantee must extend and make the CATV system available to every occupied residential dwelling unit in any unserved area of the City reaching an average density of fifty occupied dwelling units per cable mile of the portion of the CATV system to be constructed. (c) At such times as utility lines are installed, the grantee must extend and make the CATV system available to residential dwelling unit areas being developed or subdivided which, if completed and occupied, would reach an average density of fifty dwelling units per cable mile of the portion of the CATV system to be constructed; provided, however, that the owner or subdivider of any such area shall have first paid to the grantee all costs of such extension and connection if the owner or subdivider is required to do so as a condition of final building site or final subdivision map approval or any other approval or permit granted by the City. As and upon subscription to the television and radio service of the grantee by occupants of residential dwelling units constructed within such areas, the grantee shall rebate to the owner or subdivider who paid the costs for extension of the CATV system a pro-rata portion of such costs, pursuant to a formula as may be agreed to by the grantee and such owner or subdivider and subject to the provisions of Paragraph (g) of this Section. (d) The grantee must extend and make the CATV system available to any isolated potential residential subscriber located within an existing service area requesting connection at the standard connection charge if the connection to the isolated resident would require no more than a standard one hundred fifty foot above-ground residential service line from the nearest feed point. (e) Any request for connection to the CATV system requiring an above- ground residential service line in excess of one hundred fifty feet from the nearest feed point or an underground connection, shall be governed by the provisions of Paragraph (f) of this Section. (f) In areas not meeting the requirements for mandatory extension of the CATV system, the grantee shall provide, upon the request of a potential subscriber desiring service, an estimate of all costs required to extend the system to such potential subscriber. Upon the written agreement by the potential subscriber to pay the actual extension costs, the grantee shall then extend the CATV system to provide service for such subscriber. The grantee may require advance payment or assurance of payment satisfactory to the grantee. In the event that additional subscribers are subsequently connected to the CATV system as extended for the subscriber who originally requested the extension and paid the costs thereof, a pro- rata portion of such costs shall be refunded to the original subscriber until such time as the area serviced by the extension reaches an. average density of fifty occupied dwelling units per cable mile. (g) Any rebate required or permitted under this Section for the cost of extending the CATV system shall be limited to the amount that would have been expended by the grantee had such extension been provided as above-ground construction." 2/12/88 -2- SECTION 3: A new Section 14-30.085 is added to Article 14-30 of the City Code, to read as follows: '§14-30,085 Cable television service The subdivider or owner, at his own expense, shall provide for cable television service to the subdivision or building site whenever the holder of a cable television franchise granted pursuant to Article 4-25 of this Code would be required to extend service to such subdivision or site under the density standard set forth in Section 4- 25.105 of this Code, In such event, the subdivider or owner shall be entitled to any cost rebates as specified in Section 4-25.105." SECTION 4: Paragraph (a) of Section 14-30.100 in Article 14-30 of the City Code is amended to read as follows: "(a) All public utility systems and service facilities therefor, including without limitation all aleetrical and telephone distribution or transmission facilities, and also all telegraph and all CATV distribution or transmission facilities, if any, installed in and for the purpose of providing service within the subdivision or building site, shall be located and installed underground and insofar as practical shall be located in the rights-of-way of public streets, with a janetion box for each lot of a subdivision designed to carry the service drops underground to each serviced building or structure. The subdivider or owner shall make any necessary cost and other arrangements with each of the public utility and CATV companies involved for the installation of underground facilities and for the reloeation of existing overhead facilities on or adjacent to the subdivision or site, including notification of the commencement of construction and reasonable notice of the particular date on which open trenching will be available for the installation of the underground facilities. All undergrounding work shall be performed in accordance with the respective operating company's rules, regulations and specifications." SECTION 5: Section 4 and Section 6 of Ordinance 38.79, entitled "Ordinance Granting a Franchise to Video Engineering Inc. to Construct, Operate and Maintain a Cable Television System Within the City of Saratoga," as adopted on August 3, 1977, are hereby repealed and declared to be of no further force or effect. SECTION 6: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. SECTION 7: This Ordinance shall be in full force and effect thirty days after its passage and adoption. The above and foregoing Ordinance was-regularly introduced and after the 2/12/88 -3- waiting time required by law, was thereafter passed and adopted at a regular meeting of the City Council held on the 2nd day of March , '1988, by the following vote: AYES: Councilmembers Anderson, Clevenger, Rlava, Moyies and Mayor Peterson NOES: None ABSENTNone MAYOR ATTEST: C K The above and foregoing is a true and correct copy of Ordinance '71,~3(, .... which has been 's ' 'c" i 'n, o i~ . p ~ Deputy City Cterk 2/12/88 -4-