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HomeMy WebLinkAboutTC Ord 1967-12-11 (2) ORDlrlAPCE 1'10. 83 AU ORDlrANc;~ OF THE CITY OF TIBURON GUANTIFC A FRAtJCHISE TO CLBARVIR'7 CAJLE SYSTEHS, IHC. ~ A CORPORATION, TO CONSTRUCT, OPEP~TE AtJD . 'TAlE - TAIH A COlv~,1UKITY ArJT~NI\A TELEVISIOV SYSTEI'i JITHIN THE CITY OF TlilillON The City Council of the City of Tiburon does ordain as follows: Section 1. This ordinance is enacted pursuant to the authority provided in, and all of the provisions, terms and con- ditions of, Ordinance ~!o. 70 ~ entitled HAn Ordinance of the City of Tiburon Providing for the Grantinr of Franchises for Connnunity Antenna Television Systems; Providing Terms and Conditions for the 01eration of Such Conununity Antenna Te1evtElon Systems and Fees Therefor ~ Ii passed and adopted on November 14 ~ 1966 ~ full and com- plete copies of which are on file in the office of the City Clerk. Section /. Pursuant to the provisions of said Ordinance No. 70, a franchire to construct~ operate and maintain a CATV system within the City of Tiburon, for a term of twenty (/0) years~ is hereby granted to Clearview Cable Systems, Inc., a corporation, hereinafter referred to as Grantee, with all of the rifhts and privileges and subject to each and all of the terms and conditions of said Ordinance and Grantee's application. Section 3. Pursuant to the provisions of said Ordinance No. 70~ the followine schedule of rates and charges filed as required by Section 70 of said Ordinance is hereby approved: "Schedule of Rates and Charres I. DEFINITIONS ..., i:). 'Private' installations :~ listed below shall consist of: all sinfle dlvellinr units (houses); individual apartment units to be billed individually; each unit of multiple dwellin[s of tlJO ~ three or four units; bars; restaurants; barber and beauty shops; TV sales dealers; TV repair shops; retail stores anc professional offices. 'Commercial' installations as listed belmv Dhall consist of: all motels; hotels; mobile home parks; all multiple d"(,yellings and other business establishments w'here one invoice is to be issued for more than four outlets. A. 11/'l/f7 1. II. CHARGZS A. Installation Charfe. 1. First Outlet. a. There will be no installation charEe for the first outlet; however, there will be a deposit required of subscribers. This deposit will be refunded in full at such time as any subscriber terminates the subscription, provided the sub- scriber is naid un in full at termination. b. Any amount due at termination will be deducted from the deposit and the balance refunded. c. ~uch ?efund shall not be subject to delay, and cash or check in the refund amount will be issued immediately upon termination. ? Additional O~tlets. a. Additional outlets will be charted an installation charge which will not be refundable. This is necessary since the cable and devices used for such additional outlets are not fit for re-use. Such cable and devices are never recoverable if wired into the walls of a structure during con- struction. 3. Amount of Charpe. a. First Outlet type of installation Deposit Install Charge Private $15.00 None Commercial $15.00 None b. Additional Outlets type of installation Deposit Install Charge Private 110ne $10.00 Commercial Hone * *fuere the commercial location has already been wired for TV and ~4 distribution and such wirinr will serve to adequately distribute the System sipnals, additional outlet installation charg:es will not be made. r~rhere such Nirinr is not adequate, it will be necessary for it to be made so or replaced. In order to establish adequacy~ Grantee will inspect and test such wirinr without char[e. Grantee's decision as to adequacy will be final. In the event that the location is not wired or must be rewired~ Grantee ~qill submit a price after inspection of location and plans. Subscrib er may accept Grantee' s installation price or may choose his own contractor, but Crantee will make final acceptance tests. B. Service CharFe. 1. Private Installations. (a). First Outlet. $4.50/month on 1/ month prepayment plan. $4.70/month on C: month prepayment plan. 11/')1/67 ., " . $t....8S/month on $ 5. 00 /monti1 on 3 month prepayment plan. I month prepa~nent plan. (b). Additional Outlets (each). $0.75 per month in advance. ,.. Commercial Installations. (a) First Outlet $5.00 per month in advance. (b) Adcitional Outlets (each) $/.00 per month in advance. c. Terms of Payment. 1. Service charges shall be payable in advance, and shall become due on the 1st day of each month. ? . Service charfes ~vill become delinquent on the 10th day of each month. 3. Installations put into service within one week of the last day of the month will not be charred for the remainder of that month. lnstallations made at other times of the month will be pro-rated on a daily basis. D. Relocation Char[es. 1. If a subscriber moves his residence from one location to another anytrlhere ~Jithin the entire service area of the Syrtem, the~ will be no charge for the relocation of his installation, provided his account is current. '"1 .t. . If a subscriber desires to have the outlet relocated at the same residence address, there will be a charge of$:OO for such relocation. III. UNUSUAL INSTALLATIONS. A. There will be additional charges made for unusual installations as ShO~lU below: 1. For overhead installations greater than 150 feet from cable to connection of service; cost of materials, labor and easement~ if any, will be char~'ed . /. Hhere !System extensions are required to serve areas where customer potential density shall be less than /5 customers 1)er lineal mile, an installation charfe relating to this factor will be made. I V . Fi1 CP.tA:IGES. A. There will be no additional service charfe for FM ser- vice. This is included in the basic rates. 3. There ~"lill be a charf,e for installation of a separate outlet for FM service, however, which will be the same as additional TV outlet installation charfes ($10.00). ,The subscriber will not require a separate outlet for ~1 in order to properly receive the B1 signals on the system. This separate outlet is made available only as a convenience item. 11/71/67 3. V. All infortn8.tion contained in t::1is Schedule of :tate3 and Charces vJill be condensed and supplied in printed form to all ~ubscribers. The rates and charges listed here are maximum rates and charfes, anr.' Nill not be exceeded 't\1ith- out the approval of the City or Tiburon. Grantee reserves the right to decrease these rates and charges either temporarily or permanently at Grantee's discretion as food business practices and market conditions dictate. VI. ROOF-TOP ANTENNAS. In order to eliminate unsightly roof-top antennas, Grantee will remove same at request of the subscriber. VII. In order that the City Council may be more fully aware of the type of temporary reductions in rates referred to in Para- [raph VI above ~ the follo''I7inr initial promotional plan is included here: NO CHARGE HILL 3E BADE FOR THE FIRST lyl0NTH OF CABLE SERVICE FOR ALL PRIVATE SUJSCRIPTIONS SIGNED UP AT ANY TI14E BEn'1EE1: THE EFFECTIVE DATE OF THE FRANCHISE AND THIRTY DAYS FOLLOHING THE DATE OF GRANTEE'S PUBLlCALLY ANNOUNCED OPENING." Grantee shall charfe CATV subscribers rates and charges in accordance 't\7ith the forefoinr Schedule and no increase therein may be made without the prior app~oval of the City Council, expressed by resolution. Section 4. Pursuant to the provisions of Section 6 of said Ordinance No. 70~ Grantee ehall, durinG the term hereof, pay annually to the City a sum equal to five per cent (5%) of the gross annual receipts of Grantee, and in any event, a sum no less than One Thousand Two Hundred Dollars ($1,200.00) per year. Section 5. The CATV system herein franchised shall be used and operated solely and exclusively for the purpose expressly authorized by ordinance of the City of Tiburon, and no other pur- pose whatsoever. Section 6. If any section, provision, sentence, clause or phrase of this ordinance is, for any reason, declared to be invalid, such decision shall not affect the validity of the remaining sections, sentences, clauses or phrases of this ordi- nance, it being the intent of the City Council of the City of TiBuron that this ordinance shall stand notwithstanding the invalidity of such section, sentence, clause or phrase. Section 7. This ordinance shall become effective thirty (30) days from and after its passage; provided, however, that the 11/21/67 4. franchise hereby granted shall not become effective unless and until Grantee files written acceptance thereof and an afreement to be bound by and comply with all of the requirements thereof~ and delivers to the City the bond and insurance policies required to be furnished 9 all pursuant to the provisions of said Ordinance No. 70. Section 8. Before the expiration of fifteen (15) days after its passage, this ordinance shall be published, with the names of the members voting for and against the same, at least once in a newspaper of general circulation published in the City of Tiburon. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tiburon held on following vote: December 11, , 1967, by the AYES: NOES: ABSENT: Councilmen: Bremer, Drohan, Fanning, Strawbridge, Hoffmire Councilmen~ None Councilmen: None "-.'. . " ~C; j' " f . - ,- ___'__.J.. , JOHN S. H " , Nayor of t e <City ,p,,\ /~ I " ~ " lo", ;> )>' !1 " JR. of Tiburon ATTEST: I 0 ~_'/-7'~ LA> NCE D. ROSE, City C erk 11/21/67 5.