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HomeMy WebLinkAboutOrdinance 137 ORDINANCE NO. 137 ORDINANCE OF THE CITY OF ATASCADERO AMENDING CERTAIN SECTIONS OF SAN LUIS OBISPO COUNTY ORDINANCE NUMBER 1202 , ADOPTED DECEMBER 13 , 1971 , AND ADOPTED BY THE CITY OF ATASCADERO JULY 29 1979 RELATING TO THE COMMUNITY ANTENNA TELE- VISION SYSTEM FP.ANCHISE IN ATASCADERO. The Council of the City of Atascadero ordains as follows : SECTION 1 . Section One .of San Luis Obispo County Ordinance Number 1202 adopted on December 13 , 1971 , is hereby amended to read as follows : Section 1 . A non-exclusive franchise to construct, operate and maintain a CATV System within the incorporated City boundaries of Atascadero (hereinafter called the Area of Franchise) , is hereby granted to Falcon Cable TV System Company (hereinafter referred to as Grantee) , for an additional period of ten years from the date of passage of this Ordinance until the year 2001 . The grant of non- exclusive franchise shall vest in Grantee all of the rights and privileges of, and shall subject Grantee to each and all of the provisions of Chapter 6.48 of the San Luis Obispo County Code (Incor- porated by Ordinance of the City of Atascadero July 2 , 1979) , and of this document , and in the event of any conflict between the provisions of said Chapter 6 . 48 and the provisions of this document, then the provisions of this document shall prevail. SECTION 2. Section three of San Luis Obispo County Ordinance No. 1202 adopted on December 13 , 1971 , is hereby amended to read as follows . Section 3 . All rates anal, charges for Cable TV Service over which the City has jurisdiction now or hereafter under the rules -1- and regulations of the Federal Communications Commission, shall be expressed by Resolution of the Council. Grantee shall provide CATV services to the City of Atascadero and public schools without costs as follows : (1) Grantee shall provide one free CATV outlet and one free monthly CATV subscriber service to each public school within the Area of Franchise, and one free CATV outlet and free monthly CATV subscriber service to the City of Atascadero. (2) Grantee shall provide for the use of all public school systems within the Area of Franchise and the City of Atascadero ex- clusive use of one channel to be used by the public schools and the City of Atascadero for informational purposes . Grantee shall broad- cast , at no expense to any of the said public schools in the City of Atascadero a teletex type system for public messages in an alpha numeric format. As a condition of Grantee' s performance of the services required by this sub-paragraph (2) shall be that the said public school systems and the City of Atascadero make reasonable efforts to coordinate their use of Grantee' s equipment and personnel with Grantee to the end that Grantee' s business will not be sub- stantially impaired. It is the intent of this Section to allow for public access through the City of Atascadero and the public schools within the franchise boundary to all non-profit organiza- tions and civic groups , including churches , without reservation as to content, subject only to the requirement of public information, the resources of the Grantee and the proposed teletex system. SECTION 3. Section Four of San Luis Obispo County Ordinance Number 1202 is hereby amended to read as follows: Section 4. Grantee shall pay to the City of Atascadero on or -2- before April 1 , of ch year the following fr hise fees , based upon gross revenues from whatever sources : 1986 3% 1987 4% 1988 et seq. 5% Gross revenues shall mean any and all compensation and other consideration collected or received or in any manner gained or derived by Grantee from the operation of its CATV service within Area of Franchise under this Franchise Grant. SECTION 4 . Section 20 shall be added to Ordinance No. 1202 of the County of San Luis Obispo as follows : Section 20. Grantee shall extend a distribution line at no cost to any subscriber than usual connection fees in all instances where there exists a single family residential or subscriber density as follows: (1) Forth or more single family residence connections or subscribers per plant mile, as measured along the path or route most reasonable for extension of a distribution line. (2) If adjacent to an existing distribution line, eight or more single family residence connections or subscribers per one thousand fifty six feet, as measured along the path or route most reasonable for extension of a distribution line. If the Grantee is not required to extend a distribution line at no cost to the subscribers pursuant to Subsection 1 and Subsection 2 of this Section, then Grantee shall extend a distribution line in accordance with the Agreement set forth in Exhibit "A attached to this ordinance. Any person or persons desiring CATV service within the Franchise Area not subject to Subsection 1 or Subsection 2 of this Section, shall enter into a written Reimbursement Agreement to subscribe to Grantee CATV service and pay to Grantee, in advance -3- of construction of the said extension, a one time only premium installation charge in accordance with the formula set forth in Distribution Line Extension Policy attached to the Agreement as Exhibit "B" . Pursuant to said Agreement , and this Franchise Agreement , Grantee shall pay all refunds within thirty days of the close of the years service to the subject distribution line extension. No refund shall be made to those parties subscribing after the close of the fifth year of service to the subject distribution line exten- sion. In no event shall the aggregate amount of the refunds payable hereunder exceed the premium installation charge paid by any sub- scirber. SECTION 5. The City Clerk shall cause this Ordinance to be published once within fifteen days after its passage in the Atascadero News , a newspaper of general circulation, printed, pub- lished,' and circulated in this City in accordance with Government Code Section 36933; shall certify the adoption of this Ordinance; and shall cause this Ordinance and its certification to be entered in the Book of Ordinances of this City. SECTION 6 . This Ordinance shall go into effect and be in full force and effect at 12: 01 A.M. on the thirty-first (31st) day after its passage. The foregoing Ordinance was introduced on June 23 19860 and adopted at a regular meeting of the City Council held on July 14, 1986 AYES: COUNCILMEMBERS HANDSITY, MOLINA AND MAYOR MACKEY NOES: COUNCILWOMAN BORGESON ABSENT COUNCILWOD'!AN NORRIS -4- APPROVED AS TO CONTENT: boys.; C.j''Sharitz, City Clerk Mike Shelton, City Manager APPROVED AS TO FORM: Robert M. Jones , City Attorney Marjorie R. Mackey, Mayor City of Atascadero _5_ EXHIBIT "A CABLE TELEVISION LINE EXTENSION AGREEMENT WHEREAS, the Applicant has applied for and received preliminary approval of Cable Television extension, from Falcon Cable TV System Company and, WHEREAS , the Applicant desires to obtain said cable television line extension from Falcon Cable TV System Company for performance of the requirements made a condition thereof, NOW, THEREFORE, THIS AGREEMENT made and entered into this 14th day of JULY 0 19860 by and between of the City of Atascadero , State of California, hereinafter referred to as "Applicant" , and the Falcon Cable TV System Company, herein referred to as "Company"; WITNESSETH: In consideration of the mutual promises , agreements , covenants and conditions set forth herein, and in consideration of said cable television line extension, the parties hereto do hereby mutually covenant and agree as follows : 1. The applicant shall make payment in advance to Company for the cost of construction of cable television line extension as out- lined in Distribution Line Extension Policy, Exhibit R, and as shown on the plans thereof as approved by the Company which are attached hereto marked "Exhibit C", and incorporated by reference as though fully set forth, to-wit : -1- Payment referred to hereinabove is the amount of $ itemized as follows : P = ( N -Z ) The stated charges do not include the specified monthly service charge. 2. The payment to the Company shall be the total of the cost estimate, as listed in Paragraph 1 above, to complete the cable television line extension, including, but not limited to, the cost of labor, materials , inspection, engineering, and administration. 3. Permission is hereby granted by Applicant to the Company, or its authorized agent, to enter upon the land which is the subject of cable television line extension for the purpose of inspection of any an/or all of said improvement work to be constructed or installed under this agreement. 4 . Upon completion of the cable television line extension, title to the cable television distribution line extension shall vest in the Company and shall constitute a portion of the Company' s overall distri- bution system. The applicant shall however be entitled to reimbursements in accordance with the following provision: a. The applicant, shall upto five (5) years from the date of signing the form agreement, be entitled to a refund for each connection later made to the main extension, based on the pro-rated cost as determined for each subscriber per the line extension formula. 5. Neither party to this Agreement shall assign or transfer this Agreement or any interest therein without the prior writtenconsent of the other party. 6. Any waiver by Company of any failure by Applicant to comply with any term or condition of this Agreement shall not be construed as a waiver by Company of any similar or other failure by Applicant -2- to comply with any term and condition of this Agreement. 7 . The following terms and conditions shall be met by Applicant prior to start of construction pursuant to this Agreement: a. That applicant shall clear a right-of-way for said cable television line extension to satisfac- tion of Company, to include acquisition of permits , if required. IN WITNESS WHEREOF the applicant and Company have executed this Agreement on the day and year first hereinabove set forth. APPLICANT COMPANY: FALCON CABLE TV SYSTEM COMPANY BY: • EXHIBIT "B"" DISTRIBUTION LINE EXTENSION POLICY Grantee shall extend a Distribution. Line at no cost to any subscriber in all instances where there exists a residential or subscriber density as follows : (1) Forty (40) subscribers per mile as measured along the path or route most reasonable to extension of a Distribution Line. (2) If adjacent to an existing Distribution Line, eight or more subscribers per One Thousand Fifty Six Feet (1056) , as measured along the path or route most reasonable for extension of a Distribution Line. If Grantee is not required to extend a Distribution Line at no cost to subscribers , then Grantee shall extend a Distribution Line in accordance with the formula set forth below, but in only those instances when each of the factors "Pi" "P 211 t "P 3" '"P 41t Iand "P 511 are greater than zero. The person or persons desiring CATV service shall enter into written agreements to subscribe to Grantee' s CATV service and pay to Grantee, in advance of construction of the said extension, a one time only premium installation charge in accordance with the formula set forth below: DISTRIBUTION LINE EXTENSION FORMULA P1 = (AIT Z) _ (A B) P2 - (Nl 40) P3 (N2 Z P4 - (N 3-Z (A _ B) P5 (N4 40) -1- Where: Pl = premium installation charge per subscriber for all parties subscribing prior to commencement of CATV service to the subject Distribution Line Extension and for the first twelve (12) months thereafter. P2 = premium installation charge per subscriber for all parties who commence subscription for CATV service during the second year service is available on the. subject Distribution Line Extension, but never to exceed P1 . P3 = premium installation charge per subscriber for all parties who commence subscription for CATV service during the third year service is available on the subject Distribution Line Extension, but never to exceed P2. P4 =' premium installation charge per subscriber for all parties who commence subscription for CATV service during the fourth year service is available on the subject Distribution Line Extension, but never to exceed P3. P5 =premium installation charge per subscriber for all parties who commence subscription for CATV service during the fifth year service is available on the subject Distribution Line Extension, but never to exceed P4. A actual cost in labor and materials to construct Distribution Line Extension. -2- i B = $11 ,377. 00 per mile or an amount approved by the County Engineer as hereinafter provided. N = original number of parties agreeing to subscribe prior to the commencement of service to the subject Distribution Line Extension. N1= number of subscribers on the subject line extension on the last day of the first year of service to the Distribution Line Extension. N2= number of subscribers on the subject line extension on the last day of the second year of service to the Distribution Line Extension. N3= number of subscribers on the subject line extension on the last day of the third year of service to the Distribution Line Extension. N4= number of subscribers on the subject line extension on the last day of the fourth year of service to the Distribution Line Extension. Premium installation charges are in addition to the monthly service charges and installation charges established by the Resolution. No premium installation charge shall be made to any party who subscribes after the close of the fifth year of CATV service in the extended service area. No premium installation charge shall be made to a new subscriber where all previous subscribers have been totally reimbursed for the premium installation charges they have paid. At one year intervals for a period of three years after commencement of service in the extended service area, Grantee will review the number .of subscribers receiving;;gervice from such Distribution Line Extension -3- for which a premium installation fee has been charged and make refunds to those subscribers in the extended service area at the. close of the previous year if there has been any increase in the number of subscribers. Said refunds shall be calculated in accordance with the following formulas : __ _ (A B) R1 P1 (N1 4-U) R2 = (P2 - (N 2-4-U ) ( - 8) 8) R3 = (P2 (A - B) ( .6) N3 40 R4 = (P2 - (A - B) ( .4) N4 40 R5 (P2 - (N -4B ( '2) 5 Where: R1 = first year's refund is payable to each subscriber on the subject Distribution Line Extension at the close of the first year's service to the Distribution Line Extension. R2 = second year' s refund is payable to each subscriber on the subject Distribution Line Extension at the close of the second year' s service to the Distribution Line Extension. R3 = third year' s refund is payable to each subscriber on the subject Distribution Line Extension at the close of the third year' s service to the Distribution Line Extension. R4 = fourth year' s refund is payable to each subscriber -4- 0 9 on the subject Distribution Line Extension at the close of the fourth year' s service to the Distribution Line Extension. R5 = fifth year' s refund is payable to each subscriber on the subject Distribution Line Extension at the close of the third year' s service to the Distribution Line Extension. P1 = initial and first year premium installation charge as calculated pursuant to the Distribution Line Extension Formula. P2 = second year premium installation charge as calculated pursuant to the Distribution Line Extension Formula. P3 = third year premium installation charge as calculated pursuant to the Distribution Line Extension Formula. P4 = fourth year premium installation charge as calculated pursuant to the Distribution Line Extension Formula. P5 = fifth year premium installation charge as calculated pursuant to the Distribution Line Extension Formula. A = actual cost in labor and materials to construct Distribution Line Extension. B = $11 ,377 .00 per mile or an amount approved by the. City Engineer as hereinafter provided. N1 = number of subscribers on the subject Distribution Line Extension on the last day of the first year of service to the Distribution Line Extension, not to exceed forty (40) . N2 = number of subscribers on the subject Distribution Line Extension on the last day of the second year of service to the Distribution Line Extension, not to exceed forty (40) . -5- • 9 N3 = number of subscribers on the subject Distribution Line Extension on the last day of the third year of service to the Distribution Line extension, not to exceed forty (40) . N4 = number of subscribers on the subject Distribution Line Extension on the last day of the fourth year of service to the Distribution Line Extension, not to exceed forty (40) . N5 = number of subscribers on the subject Distribution Line Extension on the last day of the fifth year of service to the Distribution Line Extension, not to exceed forty (40) . Grantee shall be responsible for providing documentary evidence to the City Engineer supporting any change in constant "B" in the formulas set forth above. The constant "B" shall not be changed without prior approval of the City Engineer. In no event shall such change in constant "B" affect any premium installation charge or reimbursement for Distribution Line Extensions which commenced or completed construc- tion prior to the change in constant "B". In the event that Grantee includes equipment or facilities or capacity in or on the Distribution. Line �Extension in excess of that needed to provide the type and level of `service prevailing in the franchise area wherein the extension is being accomplished, then Grantee shall bear the full cost of the same and no charge shall be made to any subscriber for such excess equipment, facilities , or capacity. At any time that the actual cost in labor and materials to construct a Distribution Line Extension (A) exceeds the constant "B" of $11 ,377 .00 per mile or an amount approved by the City Engineer, Grantee shall submit to the City Engineer documentary evidence -6- 0 ! supporting the said actual cost of construction. Grantee shall report to the City Engineer the particulars of the various charges , costs and expenses to subscribers on each line extension implemented hereunder. -7- 0 • FALCON CABLE TV SYSTEM COMPANY LINE EXTENSION ESTIMATE Name of Project: Boundaries of Project: Number of Passings: Underground Footage: Overhead Footage: Total Footage: Number of Poles : Number of Signed Agreements: A _ 11 ,377 P N Material Total (Includes tax and freight) Labor In house (Includes OH @ 100%) Contractor TOTAL Engineering In house (Includes OH @ 100%) Contractor Telephone Power Other (Explain) TOTAL TOTAL COST (A) EXHIBIT. "C" 1 PROJECT NAME DISTRIBUTION LINE EXTENSION FORMULA End End End End End Original Year 1 Year 2 Year 3 Year 4 Year 5 TOTAL (A) Actual Cost A A A A A A (N) # of Subs N N1 N2 N3 N4 N5 11000 --0- (P) Install Cost P P P P P P sub. 1 2 3 4 5 Install Cost - TOTAL Refund per (R) sub R1 R2 R3 R4 R5 Total Refund Total Cost to Customer Total Cost to Co. DISTRIBUTION LINE EXTENSION FORMULA REFUND FORMULA Pl (N 4"9) R1 PI (TT1-4U) P2 - (N1-4"U)) R2 (P2 - (N2 419 ( '$) P (A - B) A B 3 (N2 Z) R3 = (P2 - (N3- N -40) ( •6) (A B) 3 P4 (N3-4-9) R4 = (P2 - (N -4B ( .4) (A _ B) 4 P 49 5 (N Z) 4 R5 (P2 (N 54') ( ' 2)