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HomeMy WebLinkAboutTC Ord 1967-12-11 (3) 12 N.S, ORDII:JAl'iICE l~O. ~ AN ORDINANCE OF THIZ CITY OF TIBURON GllANTIFC A FRANCHISE TO CLEARVIE':l CAJLE SYSTENS, I11C. ~ A CORPOHATION, TO CONSTRUCT, OPERATE AND'IAIP- TAIN A Crn~ftIDJITY ANTENKA TELEVISION SYSTffi1 ~.JITHIN THE CITY OF TIBURm1 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 No. 70~ entitled IVAn Ordinance of the City of Tiburon Providing for the Grantinr of Franchises for Community Antenna Television Systems; Providing Terms and Conditions for the ODeration of Such Community Antenna Television Systems and Fees Therefor,1i 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 franchi~e 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 rights 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 followin[ schedule of rates and charges filed as required by Section 70 of said Ordinance is hereby approved: IVSchedule of Rates and Charfes I. DEFINITIONS A. 'Private' installations ;~ listed below shall consist of: all sinple dwe1linr. units (houses); individual apartment units to be billed individually; each unit of multiple dwellinfs of tw'o, three or four units; bars; restaurants; barber and beauty shops; TV sales dealers; TV repair shops; retail stores an~ professional offices. J. 'Commercial' installations as listed belmv shall consist of: all motels; hotels; mobile home parks; all multiple dwellings and other business establishments where one invoice is to be issued for more than four outlets. 11/')1/67 1. II. CHARGES 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 Daid up in full at termination. b. Any amount due at termination will be deducted from the deposit and the balance refunded. c. Such refund shall not be subject to delay, and cash or check in the refund amount will be issued immediately upon termination. /. Additional Outlets. 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 None $10.00 Commercial None * *lfuere the commercial location has already been wired for TV and FM distribution and such wirinp will serve to adequately distribute the System sirna1s, additional outlet installation charg:es will not be made. t,!here such ~'I7irinr is not adequate, it will be necessary for it to be made so or replaced. In order to establish adequacy, Grantee will ins~ect and test such wiring without charge. Grantee s decision as to adequacy will be final. In the event that the location is not wired or must be rewired, Grantee will submit a price after inspection of location ~d plans. Subscrib er may accept Grantee' s installation price or may choose his own contractor, but Grantee will make final acceptance tests. B. Service Charp.'e. 1. Private Installations. (a). First Outlet. $4.50/month on I') month prepayment plan. $4.70/month on 6 month prepayment plan. 11/')1/67 t') " . $4.85/month on $5.00/month on 3 month prepayment plan. 1 month prepayment plan. (b). Additional Outlets (each). $0.75 per month in advance. Commercial Installations. (a) First Outlet $5.00 per month in advance. (b) Additional Outlets (each) $/.00 per month in advance. C. Terms of Payment. 1. Service charges shall be payable in advance, and shall become due on the 1st day of each month. 7. Service charfes will become delinquent on the 10th day of each month. 3. Installations put into service within one week of the last day of the month will not be charged for the remainder of that month. Installations made at other times of the month will be pro-rated on a daily basis. D. Relocation Chaq~es. 1. If a subscriber moves his residence from one location to another anywhere within the entire service area of the SYE'tem, them will be no charge for the relocation of his inetallation, provided his account is current. 2. If a subscriber desires to have the outlet relocated at the same residence address, there will be a charge of$P.:OO for such relocation. III. UNUSUAL INSTALLATIONS. A. There will be additional charges made for unusual installations as sho~Jn 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 charged. /. tlhere ~ystem extensions are required to serve areas where customer potential density shall be less than ?5 customers per lineal mile, an installation charre relating to this factor will be made. IV. FIYI CHARGES. A. There will be no additional service charge for FM ser- vice. This is included in the basic rates. B. There will be a charge for installation of a separate outlet for FH service, however, which will be the same as additional TV outlet installation charEes ($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. ll/?1/67 3. V. All information contained in this Schedule of aates and Charfes '\iJill be condensed and supplied in printed form 'to all subscribers. The rates and charges listed here are maximum rates and charfes, an(' t"J'ill not be exceeded with- out the approval of the City of 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- fraph VI above, the followinr initial promotional plan is included here: NO CHARGE HILL BE HADE FOR THE FIRST I~ONTH OF CABLE SERVICE FOR ALL PRIVATE SUJSCRIPTIONS SIGNED UP AT ANY TI1"\fE BETWEE1~ THE EFFECTIVE DATE OF THE FRANCHISE AND THIRTY DAYS FOLLUJING THE DATE OF GRANTEE'S PUBLICALLY ANNOUNCED OPENING.1i Grantee shall charfe CATV subscribers rates and charges in accordance with the foregoine Schedule and no increase therein may be made without the prior approval of the City Council, expressed by resolution. Section 4. Pursuant to the provisions of Section 6 of said Ordinance No. 70, Grantee shall, durinf, 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. ~on ~. 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 Tiouron 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 agreement to be bound by and comply with all of the requirements thereof 9 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 December 11 following vote: __, 1967, by the AYES: NOES: ABSENT: Councilmen: Bremer, Drohan, Fanning, Strawbridge, Hoffmire Councilmen: None Councilmen: None Is/John S. Hoffmire, Jr. JOHN S:-li OFFM IRE , JR. Mayor of the City of Tiburon ATTEST: /s/ Lawrence D. Rose LA~ntENCE D. ROSE, City Clerk 11/21/67 5.