Loading...
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. -1- (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 -2- 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. ,,, 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 -3~