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Home My WebLink About097-86 v BEFORE THE CITY COUNCIL OF THE CITY OF DANVILLE In the Matter of: ) ) Granting to Televents a Non- ) ORDINANCE NO. 97 Exclusive Franchise to Operate ) a Cable Television System In ) the City of Danville ) ) The City Council of the City of Danville DOES ORDAIN as follows: SECTION 1. Grant of Franchise. The City of Danville grants to Televents a non-exclusive franchise to operate a cable television system under the Danville Cable Television Franchise Ordinance, Municipal Code Title 10, Chapter 1, subject to the terms and conditions set forth in the documents comprising the award agreement, listed in SECTION 4 below. SECTION 2. Duration of Franchise. The franchise granted by this Ordinance is for a term of 15 years from the date the franchisee files written acceptance with the City as provided in Section 10-1116 of the Danville Municipal Code. (Section 10-151) SECTION 3. Area Covered by Franchise. The area for which the franchise is granted is the area comprising the city of Danville. SECTION 4. Documents Comprising the Award Agreement. The documents comprising the award agreement consist of: (1) The Danville Cable Television Franchise Ordinance (Sections 10-101--10-1127 of the Danville Municipal Code); (2) The application of Televents entitled "Televents, City of Danville Cable Television Proposal" (Exhibit "A"); (3) This Ordinance; (4) The Cable Television Franchise Agreement (Exhibit "B"); and 1 ORDINANCE NO. 97 (5) The franchisee's written acceptance (Section 10-1116) and the performance bond (Section 10-1101), insurance (Sections 10-1104, 10-1106) and security fund (Section 10-1105) if required. SECTION 5. Signature. The mayor is authorized to executed the Cable Television Franchise Agreement attached to this Ordinance as Exhibit "B". SECTION 6. Effective Date of Franchise. The franchise becomes effective when the franchisee files written acceptance with the City in the time and manner prescribed in Section 10-1116, Danville Municipal Code. SECTION 7. Effective Date of Ordinance. This ordinance becomes effective 30 days after its adoption. SECTION 8. Publication. The City Clerk shall either: (a) have this ordinance published once within 15 days after adoption in a newspaper of general circulation; or (b) have a summary of this ordinance published twice in a newspaper of general circulation, once 5 days before its adoption and again within 15 days after adoption. The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Danville held on Auqust 4 , 1986 and adopted at a regular meeting of the Council held on August 18 , 1986, by the following vote: AYES: Lane, McNeely, Schlendorf NOES: 0ffenhartz ABSENT: Kennett /~g/~~~ MAYOR ATTEST: CITY CLERK J -2- ORDINANCE NO. 97 CABLE TELEVISION FRANCHISE AWARD AGREEMENT Exhibit B to Ordinance No. 97-86 THIS AGREEMENT is entered into this 18th day of August 1986 between the City of Danville, hereinafter "City", and Televents hereinafter "Franchisee." Recitals - Franchisee, together with its predecessor, Cablevision, has operated a cable system in Danville since 1968. Resolution No. 74-83, Approving the Transfer of a License to Operate a Community Antenna Television Service From Cablevision of Contra Costa County (ATC) to Televents, Inc., was adopted August 1, 1983. Ordinance No. 23-83, Establishing Regulations for the Granting and Operation of Franchises for Cable Television Systems and Service, was adopted April 12, 1984. The current franchise expires on September 30, 1986. Franchisee has requested that it be refranchised. ! This Agreement is written subject to the City's Cable Television Ordinance, adopted by the City Council on April 12, 1984, and subject to amendments adopted by Ordinance No. 96-86. Definitions found in that ordinance apply when those words are used in this Agreement unless the context requires otherwise. NOW THEREFORE THE PARTIES DO AGREE AS FOLLOWS: 1. This Agreement supersedes any prior franchise agreement or amendment to such franchise agreement entered into between the City and the Franchisee. 2. In consideration of Franchisee agreeing to abide by the Cable System Franchising Ordinance in providing cable services in the City of Danville, City grants Franchisee a non-exclusive franchise to operate a cable system in Danville. The term of this franchise shall commence upon the date of this Agreement. It shall extend for a period of 15 years from that date. 3. Franchisee shall pay a franchise fee 5% quarterly beginning January 1, 1987 for the prior three month period. Payments shall be due within thirty days of the end of each calendar year quarter. 4. This Agreement shall not take effect until the city has received evidence that the insurance required by Section 10-1105 of the Ordinance has been obtained by Franchisee. Failure to maintain said insurance shall constitute a material breach of this Agreement. 5. Franchisee shall provide as-built system drawings in microfiche for the current system, for modifications, and for systems built or acquired as a result of annexation. 6. Franchisee shall be exempt from the service requirement to any area of the City which area contains fewer than forty (40) dwelling units per public or private street mile. 7. Franchieee will include the City's printed material in its regular mailings to City residents at no charge to the City in accordance with Franchisee's standard operating procedures for mailing. Printed materials inserted in Franchisee's regular mailings shall be of a size prescribed by the Franchisee, and shall not cause Franchisee to exceed the weight for its normal mailings. 8. Franchisee shall at no cost to the City interconnect for the purpose of live transmission all schools within the franchise area and, if feasible, interconnect with other systems adjacent to the franchise area. 9. Franchisee shall provide, at no cost, a state-of-the-art converter box and remote control device for basic service to handicapped subscribers requesting this service. 10. Franchisee agrees to a rate reduction for basic service of 25% for senior citizens. A senior citizen is defined as a resident age 65 years or older who also meets those qualification standards set forth in the Franchisee's Cable Television proposal attached to Ordinance No. 97-86. 11. Franchisee agrees to underground its existing facilities in an area in which any utility undergrounds its facilities. There will be no cost to the City. Franchisee shall underground all new facilities. 12. Franchisee agrees that it is responsible for fifty percent of the cost of slurry/chip seal any time a street is open cut by the Franchisee for the purpose of installing or repairing its facilities. The cost shall be based on the linear feet of open cut trench, and the area of slurry/chip seal shall extend from the center line to the lip of the curb. 13. Franchisee shall provide state-of-the-art technology (equipment, facilities and services) to Danville subscribers. Franchisee agrees that every 5 years, Franchisee and the City will evaluate the state of technology available. If it is determined by the City that modifications in services or equipment to provide the services are necessary, Franchisee agrees to complete those modifications within 18 months. 14. Franchisee agrees to maintain service standards described in its application to renew the franchise. (The City of Danville Cable Television Proposal attached to Ordinance No. 97-86 as Exhibit A). 15. Franchisee agrees to provide an insertion point and necessary equipment for local access programming in Danville. The location of the insertion point will be selected by the City and Franchisee. 16. Franchisee agrees that during the first two years of the term of the franchise, Franohisee shall investigate the market and develop plans for the use of two-way services. If sufficient consumer interest is demonstrated and if the programs are economically feasible, then paragraph 13 of this agreement shall be applicable to the implementation of two way services. 17. Community Access Programming a. Franchisee shall pay $.50 per subscriber per year for community access programming. If Franchisee increases the rate for basic service; its payment for community access programming will be increased by the same percentage. The City will contribute an equal amount for community access programming from the Franchisee fee paid to City by Televents. b. Franchisee shall install and maintain, in addition to the installation for basic service, at the request of the City, cable, audio lines, camera wiring and related appurtenances in one City building. Installation will be done in a manner approved by the City within 90 days of the City's request. A state-of-the-art color video camera with remote control capabilities for zoom and panning will be installed and maintained by Franchisee in a location designated by the City in that building, at no cost to the City. Franchisee shall train community volunteers and provide the equipment needed to set-up and cover community meetings. c. In addition to the requirements of paragraphs 17(a) and 17(b), Franchisee agrees to provide to a community access programming organization designated by the City, the equipment and training necessary for production of local community programs. d. Franchisee agrees to coordinate with adjacent systems to obtain and use community access programs of interest to Danville residents. 18. Notices and any other communication required or permitted under this Agreement or the ordinance shall be properly given when hand delivered to the proper party or when deposited in the United States mail postage pre-paid and addressed as follows: TO CITY: TO TELEVENTS: City Manager General Manager city of Danville Televents 510 La Gonda Way 2631 Pleasant Hill Road Danville, California 94526 Pleasant Hill, California 94523