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HomeMy WebLinkAboutTC Ord 1970-06-15 AFFIDAVIT STATE OF CALIFORNIA COUNTY OF MARIN CITY OF TIBURON ) ) ) S8 PHIL V. SCOTT, being first duly sworn deposes and says: That at all times herein mentioned he was and now is the DEVELOPMENT ADMINISTRATOR of the City of Tiburon, California; that pursuant to Section 3~q J 3 of the Government Code, of the State of California, he posted at three public places within the City of Tiburon to wit: the City Hall 80 Main Street, Tiburon Fire Department 1679 Tiburon Blvd. and Tiburon Fire Department, Trestle Glen Blvd. and Paradise Drive ,-d I n 0.1;( ~ "t;,7J,fI. S . (J d... ~ t'" e6~h .. ~ ~f6-s I/,J6J t;' #.e: /9TIJ 01. VIe/' I SOot a copy of which is hereinafter set forth in the form attached hereto. Said &rdl_"~fr das posted on the aforementioned places in the City of Tiburon on the2.4 day of ..../ ~.. . , 19 ~O · f!'I:I~ .; Deve -~ment Administrator of the City of Tiburon Subscribed and sworn to before me, a City Clerk in and for said County and State, on ~U:day of 19 7..1 #~.~~ ~ ORDINANCE NO.~N.S. AN ORDINANCE OF THE CITY OF TIBURON AMEND- ING ORD INANCE NO. 12 N. S. BY MOD tFY ING CERTAIN RATES AND CHARGES PROVIDED FOR IN THE CATV FRANCHISE TO CLEARVIEW CABLE SYSTEMS. mc. The City Council of the City of Tiburon does ordain as follows: Section 1. Amendment.' Section 3 of Ordinance No. 12 N.S., formerly Ordinance No. 83, is hereby amended to read as follows: IlSection 3. Pursuant to the provisions of said ordinance No. 70, now codified as Chapter 9 of the Tiburon City Code, the following schedule of rates and charges filed as required by Section 9-17 of the Tiburon City Code is hereby approved: 'Schedule of Rates and Char~es I. DEFINITIONS A. 'Private' installations as listed below shall consist of: all single dwelling units (houses); individual apartment units to be billed individually; each unit of multiple dwellings of two, three or four units; bars; restaurants; barber and beauty shops; TV sales dealers; TV repair shops; retail stores and professional offices. B. 'Commercial' installations as listed below 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. II. CHARGES A. Installation Charge. 1. Outlets. a. There will be no installation charge for the first or for additional outlets; however, there will be a deposit required of subscribers. This deposiL will be refunded in full at such time as ~n7 subscriber terminates the subscription. pro- vided the subscriber is paid up in full at termination. Any amount due at termination will be deducted from the deposit and the balance refunded. Such refund shall not be subject to delay, and cash or check in the refund amount will be issued immediately upon termination. 2. Amount of Deposit. b. c. a. First Outlet type of installation Private Commercial Deposit $15.00 $15.00 b. Additional Outlets type of installation Private Commercial Deposit None None By' draft date: 5118/70 1. B. Service Charge. 1. Private installations. a. First Outlet, $5.00 per month. b. Additional outlets (each) $1.00 per month. 2. Commercial Installations. a. First Outlet, $5.00 per month. b. Additional Outlets (each), $2.00 per month. C. Terms of Payment. 1. Service charges shall be payable in advance, and shall become due on the 1st day of each month. 2. Service charges 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 Charges. 1. If a subscriber moves his residence from one loca- tion to another anywhere within the entire service area of the ~ystem, there will be no charge for the relocation of his installation, provided his account is current. 2. If a subscriber desires to have the outlet relo- cated at the same residence address, there will be a charge of $5.00 for such relocation. III. UNUSUAL INSTALLATIONS. A. There will be additional charges made for unusual installations as shown 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. 2. Where system extensions are required to serve areas where customer potential density shall be less than 25 customers per lineal mile, an installation charge relating to this factor.yill be made. IV . FM CHARGES. A. There will be an additional service charge of $1.00 per month for each additional outlet for FM service. B. There will be no charge for installation of a separate outlet for FM service. The subscriber will not require a separate outlet for FM in order to properly receive the FM signals on the system. This separate outlet is made available only as a convenience item. v. CREDITS. A. The $5.00 monthly service charge referred to in para- graph II B. 1. a shall not apply to any subscriber who, By draft date: 5718/70 2. prior to June 25, 1970, has contracted for a prepayment plan with the Grantee pursuant to the provisions of Section II B. 1. a of Ordinance 12 N.S., until such time as that prepayment period has expired. B. Neither the amount of the increase in monthly service charges for additional TV-outlets, to wit, from $0.75 to $1.00 per month, nor the new monthly service charge for addition~l FM outlets, to wit, $1.00 per month, both of which charges are allowed by the provisions of this amending ordinance, shall be due and payable by any subscriber who, prior to June 25, 1970, has paid an instal1otion charge to Grantee, until the expira- tion of that number of months which, when multiplied by the ir.crease in the service charge, or the new ser- vice ct:arge, as the case may be, equals the installa- tion charge theretofore paid. VI. All information contained in this Schedule of Rates and Charges will be condensed and supplied in printed form to all subscribers. The rates and charges listed here are max~ rates and charges, and will not be exceeded without the approval of the City of Tiburon. Grantee reserves the right t~ decrease these rates and charges either temporarily or permanently at Grantee's discretion as good business prac- tices and market conditions dictate. VII. ROOF-TOP ANTENNAS. In order to eliminate unsightly roof-top antennas, Grantee will remove same at request of the subscriber. - VIII. In order that the City Council may be more fully aware of the type of temporary reductions in rates referred to in paragraph VI above, the following initial promotional plan is included here: NO CHARGE WILL BE MADE FOR THE FIRST MONTH OF CABLE SERVICE FOR ALL PRivATE SUBSCRIPrIONS SIGNED UP AT ANY TIME BETWEEN THE EFFECTIVE DATE OF THE FRANCHISE AND THIRTY DAYS FOLLOWING THE DATE OF GRANTEE'S PUBLICALLY ANNOUNCED OPENING.' Grantee shall charge CATV subscribers rates and charges in accordance with the foregoing Schedule and no increase therein may be made without the prior approval of the'City Council, ex- pressed by resolution. it Section 2. Seyarability. If any section, subsection, sentence, clause or phrase ox-tnis ordinance is for any reason held to be in- valid or unconstitutional by the decision of a court of competent jurisdiction, such decision shall not affect the validity of the re- maining portions of the ordinance. The City Council of the City of Tiburon hereby declares that it would have passed ,this ordinance, and each section, ,subsec,tion, clause or phrase thereof, irrespective of the fact that any on~ or more other sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional. Section 3. Effective Date; Acceptance. This ordinance shall become effective thirty (30) days from and after its passage; provided, however, that this ordinance shall not become operative unless and until Grantee files written acceptance of its provisions and an agree- ment to be bound by and comply with all of the provisions hereof, pursuant to the provisions of Chapter 9 of the Tiburon City Code. Section 4. Publication. Before the expiration of fifteen (15) days after its passage, thi 'J c:dinance shall be published, with the names of the members votir6 for and against the same, at least once By' draft date: 5118/70 3. 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 June 15 1910, by the following vote: -- AYES: NOES: ABSENT: Councilmen: Becker, Ellinwood, Sennett, Rice Councilmen: None Fannin~~ DENIS T. RICE Mayor of the City of Tlburon Councilmen: ATTEST: ~d~ By draft date: 5/18/70 4.