HomeMy WebLinkAboutCC Resolution 5449 (Television Franchise)RESOLUTION NO. 5449
RESOLUTION OF SAN RAFAEL CITY COUNCIL
AMENDING RESOLUTION NO. 5026
WHEREAS, the City desires extension of cable television
services into the Fairhills area of San Rafael, and extension
of reduced rates to Senior Citizens and the handicapped; and
WHEREAS, Viacom is willing to meet these desires subject
to the terms and conditions herein;
NOW, THEREFORE, it is agreed between the parties as follows:
1. Pay Television Franchise Fee
Pursuant to the regulations of the Federal Communica-
tions Commission, Viacom will pay to the City 5% of the gross
receipts as defined by 10.76.010(10) of the San Rafael Municipal
Code derived for pay television and cable service operations in
the City of San Rafael, beginning May 1st, 1978.
2. Senior Citizens
A. A special Senior Citizens' rate shall be
extended to San Rafael residents over the age of sixty-five
(65) whose income is below the poverty level established annually
by the Federal Government. The City shall qualify all applicants
for this special rate and subscribers' eligibility shall be re-
established annually.
B. Viacom shall continue to administer a Senior
Citizens' discount for those individuals qualifying for Medi -Cal
or SSI income payments.
C. The rates for qualified applicants shall be
one-half (1/2) of the authorized monthly charges for cable tele-
vision service and installation.
D. The aggregate amount of Senior Citizens' dis-
counts shall not exceed $7,500 annually and the Senior Citizen
discount provisions will terminate altogether five (5) years from
the date of this agreement.
E. By March 1st of each year Viacom shall submit an
annual statement to the City of San Rafael documenting the direct
costs of the Senior Citizens' discount.
3. Handicapped Rates
Rates for adult individuals qualifying for handicapped
parking stickers under the California Highway Patrol designation
system shall be eligible for the Senior Citizen rate described
above. Th cost of this service will not be included in the $7,500
detailed in Section 2.D. of this Resolution.
4. Fairhills
Viacom will extend its cable television distribution
lines throughout the Fairhills area under the following conditions:
A. Fairhills shall be divided into the two geographic
areas outlined in the attached map.
B. If within 3 months of the adoption of this
Resolution or by July 1, 1978, 50% residents of Area I have
subscribed and contracted for a minimum three (3) year term, the
construction will begin for Area I.
C. If within 6 months of the adoption of this
Resolution or by October 1, 1978, 50% residents of Area II have
subscribed and contracted for a minimum three (3) years term, the
construction will begin for Area II.
D. If a 50% subscription is not reached in Area I,
extension of all service to the Fairhills area will not be imple-
mented.
E. Viacom shall, on the first of each month, supply
the City and the President of the Fairhills Homeowners Association
a progress report regarding the marketing efforts in the Fairhills
area.
F. If a subscription rate in excess of 50% is
achieved in Area I, the extra subscribers shall be applied to the
Area II subscription requirements.
G. The entire cable system shall be installed in
accord with specifications jointly endorsed by the San Rafael City
Engineer and Viacom. Viacom shall submit a time schedule for
completion of the project which is acceptable to the City Engineer.
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H. Monthly rates for the primary outlet in the
Fairhills service area shall be at the same monthly rate as set by
Resolution 5026 for underground service and no premium shall be
included.
I. Each subscriber shall supply in place a one -inch
(1") service duct to Viacom's specifications at his or her own
expense for that portion of the service duct which is on private
property (i.e., from the service box in the street right-of-way to
the building point of entry). If a subscriber so requests, Viacom
shall construct this installation at its actual cost for time and
materials.
J. The normal charge of $37.50 for installation of
service to the residence shall be waived by Viacom for those
individuals subscribing before October 1, 1978.
R. Upon completion of construction of the distri-
bution system, the City and Viacom agree that the underground
duct system (i.e., conduit terminal boxes, pedestals, labor and
street restoration material) shall be dedicated to the City.
All other system components, including but not limited to coaxial
cable, amplifiers, and subscriber taps shall remain the property of
Viacom. Viacom shall have exclusive use of the duct system
without cost for the term and subsequent renewals of the
franchise.
L. It shall be the responsibilty of Viacom to
maintain all parts of the system including the underground duct
system.
M. (1.) As an offset to the extensive cost to
finance and construct the underground cable television duct
facilities in Area I, the City shall refund to Viacom
franchise fee payments on pay television revenues until Twenty-
five Thousand Dollars ($25,000) has been recovered by Viacom.
(2.) As an offset to the extensive cost to
finance and construct the underground cable television duct
facilities in Area II, the City shall refund to Viacom fran-
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chise fee payments on pay television revenues until Fifty Thousand
Dollars ($50,000) has been recovered by Viacom.
(3.) In the event the City's legal authority to
assess such franchise fees ceases, the City's obligation with
respect to the $75,000 offset shall then terminate and any
unpaid portion shall be absorbed by Viacom.
(4.) In respect to the yearly funding level
for Senior Citizen services, if the amount required to finance
the service is less than $7,500 the difference shall be credited
to $75,000 pledged in M (1. and 2.) of this Resolution. This
calculation shall be made for each of the 5 years the Senior
Citizen Rate shall be in effect.
M. In the event that service is not extended to the
Fairhills area, the franchise fee for Showtime shall be reimbursed
to the City effective November 15, 1977.
5. Rate Modifications
Effective with the next billing cycle the following
rates shall be in force:
(1) Fairhills area
(2) Senior Citizen/Handicapped
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Basic Service
Same subscription rates
as set forth in Resolution
5026.
One-half of the rates
for basic service,
additional outlets and
installation.
The bulk apartment rate for Senior Citizens shall
continue at the rates specified in Resolution No. 5026 of the
San Rafael Municipal Code.
I, JEANNE M. LEONCINI, Clerk of the City of San
Rafael, hereby certify that the foregoing resolution was duly and
regularly introduced and adopted at a regular meeting of the
Council of said City on Month the third day of
April , 1978, by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
34 B/9-13
NNE M. LEONCINI, City Clerk
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