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HomeMy WebLinkAboutResolution No. 5026RESOLUTION NO. 5026 A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL EXPRESSING ITS ENDORSEMENT OF LEVEL VI RATES AND SERVICES, ESTABLISHING CERTAIN PERFORMANCE STANDARDS, AND DECLARING ITS INTENT TO RENEW ITS FRANCHISE AWARD TO TELE-VUE SYSTEMS, INC. WHEREAS, a report of the Citizens' Advisory Committee on Cable Television has been accepted by the San Rafael City Council, and WHEREAS, this committee has endorsed a new level of cable television service within San Rafael, and WHEREAS, the San Rafael City Council has likewise accepted and endorsed this new service, NOW, THEREFORE, BE IT RESOLVED that: 1. Upon certification of San Rafael City Council that all aspects of the increased service levels identified as Level VI have been completed by Tele-Vue Systems, Inc., the San Rafael City Council will, pursuant to the provisions of Ordinance 890, renew with Tele-Vue Systems, Inc., a corporation and subsidiary of Viacom International, Inc., hereinafter referred to as "Licensee," a license to construct, operate and maintain a CATV system within the City of San Rafael for a term of ten (10) years with all the rights and privileges and subject to each and all of the terms and conditions of Ordinance 890 and the terms of this Resolution. 2. Service Levels A. The Licensee shall continue to provide subscribers with the basic service level of retransmission of twelve (12) channels of off -the -air television. This basic level of service shall be termed Level I Services. B. The Licensee shall immediately begin to modify the existing cable system to that of Level VI, which shall be identified by the following standards: (1) Construction and equipping of a color cablecasting studio. (2) Microwave Interconnection of studio and headends to permit residents of San Rafael to receive the same signals. (3) Reservation of time on a selected channel for local origination, government, educational, public access. (Initially, only part-time use, with the ability to increase time allocation as programming increases.) -1ORGINAL - (4) Addition of inbound links to the main system headend from at least the following signal origination points: -- San Rafael City Hall -- Marin County Civic Center and Auditorium -- San Rafael School District Administration Building -- San Rafael High School -- Terra Linda High School -- Dixie School District Administration Building -- Dominican College -- Other origination points may be added upon agreement of the City of San Rafael and Tele-Vue Systems, Inc. as to the necessity and desirability of such points and the reasonableness of added incremental costs to Telel-Vue of providing such linkages. (5) Provisions of private reception channels, by means of converters, to institutional users, on a lease basis. (6) Interconnection capability of origination and reception points outside San Rafael in areas of Marin County served by Tele-Vue. (7) Commital of $50,000 for a two-year period, beginning with the certification by the San Rafael City Council that Level VI services are operative (total commitment: $100,000) for local origination programming. The expenditures levied against this commitment shall be for actual operating costs only and shall not be for original equipment for the studio, depreciation, or overhead of any type. Further, the City reserves the right to audit these expenditures and determine the appropriateness of same. If at the end of the two year period the total commitment of $100,000 is not expended, it shall be properly encumbered and kept available for local programming assistance. C. It shall be the intent of this resolution that Level VI services shall be totally operative by June 1, 1976. Tele-Vue shall report to the San Rafael City Council by April 1, 1976 as to the progress for implementing Level VI services. 3. Rates A. The rates detailed in Exhibit A are hereby set for Level I and - 2 - are endorsed for Level VI. B. Level VI rates shall become effective within thirty (30) days of certification by the San Rafael City Council that all conditions for Level VI services are in force. C. By mutual agreement between Tele-Vue Systems, Inc., and the City of San Rafael, the rate/service structure detailed in Attachment A for Level VI is to be in effect for a minimum of three (3) years from the date of first billing at the Level VI schedule. D. Rate adjustments may be submitted by Tele-Vue Systems, Inc. for consideration by the San Rafael City Council during the first three (3) years Level VI rates are in effect. This submittal can only be reflective of significant new and specific costs or requirements imposed on Tele-Vue Systems, Inc., which are beyond the control of Tele-Vue Systems, Inc., and the scope of the Level VI service. E. Rates may be reduced, for promotional or other reasons, by Tele-Vue Systems, Inc. without prior consent of the San Rafael City Council. The length that reduced rates are available shall be at the discretion of Tele-Vue Systems, Inc. 4. Cable Casting Studio The City may require a list of equipment which is secured for the cablecasting studio for use in determining whether Level VI service requirements have been met. 5. Billing A. The Licensee is hereby authorized to bill in either of three procedures detailed below: (1) Monthly - at the end of each calendar month and for actual services of the past month. (2) Bi -Monthly - at the beginning of two calendar months with notice that payments are not due until the end of the first month. B. The Licensee shall provide a return addressed envelope to each subscriber by November 1, 1975. C. Modification to the existing Level I rate structure is to become effective with the September 1, 1975 billing. - 3 - I, MARION A. GRADY, 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 held on Monday, the 25th day of August, 1975, by the following vote, to wit: AYES: COUNCILMEN: Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: Jensen ABSENT: COUNCILMEN: Miskimen MARION A. GRADY, City Clerk - 4 - ATTACHMENT A PROPOSED MONTHLY RATES & INSTALLATION CHARGES Service Level I Rate Level VI Rate Primary Monthly Service - Aerial 5. 5 0/M o. 6.5 0/M o. Underground 6.75/Mo. 7.00/Mo. Additional Outlets - Monthly Service 2.00 2.25 Installation - Aerial 25.00 25.00 Underground 37.50 37.50 Additional Outlets 15.00 15.00 Reconnection 10.00 1. Field check 10.00 2. Relocate outlets &/or install additional outlets 15.00 Relocate Outlet 15.00 15.00 Converter Deposit N/A (1) Extended Area Service Installation Time & Mater. Time & Mater. Estate Service Drop Time & Mater. Time & Mater. Bulk Rates - Apartments 3.50 5.00 Hosp. , Convalescent Homes & Senior Citizen Res. 3.00 3.00 Hotels & Motels 3.00 3.00 Additional Outlets/Unit 2.00 2.00 (1) If converters are installed, the City Council shall establish an appropriate rate and/or deposit.