HomeMy WebLinkAbout81-247~
A RESOLU'~ZON OF THE COUNTY OF BUTTE PROVIDING
FOR THE GRANTIN~ Ok' A COMMU~V7.TY .A.NTENNA
TFLEVISIODT SYSTEM NOIQ-~XC~USIVE Fp.ANCHYSE IN
THE COUNTY OF PU'~TE.
IN C~NSID~J.2ATIQN of the hereinafter s~ated franchise
fee, a non-exclusive franclzise is granted to Dan Hays, Jr., DBA,
Buzztail Rad~.o and ~eJ.evision Company, a sole proprietorship,
744 Eastwood Avenue, Chico, CA 95926, to conduct, operate, and
maintain a community antenzia cable television system wi~hin Butte
County, Ca~.i.~ornia, in the areas d.escribed in ~xhibit "A", and
attached hereto.
Said non-exclusive franchise is issued on the fo~.lowing
term and conditions:
S~CTION I. DEFINTTXO~TS.
A. Community An~enna Television System (CATV). Coaxiai
cables, wave gui.des or other conduc~ors and equipment for providing
telev~.sion broadcast sCarions, F~S, and other video programing
services by cabie or through its facilities as herein contemplated.
Nothing in this paragraph sha1.1 preclude the right of the county
to pexmiC ~he franchise holder to transmit special programs closed
circuit as h.ereinafter provided.
B. F~I. Frequency modulation radio transmission.
C. Grantee. The person to ;ahom or which a franchise
under this resolution is granted by the county and ehe lawful.
successor or assignee of such person.
D. Gross Annual ~ece~.pts. Any and all compensation
derived from the nrovision of carriage of television broadcast
stations, to subscribers or users in payuient for said signals
rec~ived within the county; except that gross annual receipts
sk~a11 not include the first $25.00 of installation fees charged
to any individual subscriber or user, CATV copyright fees sepa-
rat~ly billed to subscribers or users, fees paid to program
suppliers, refundable deposits on converters/descramblexs pro-
vided to subscribers or users, and any taxes on the sexvices fur-
nished by the grantee directly on any user or subscribex by any
city, state or other government unit collected b_y the grantee
for such governmental unit.
E. ~aca~ Te~evision. A television station duly
lzcensed by the Federal Communication Commission and authorized
to furnish fzee television service to an area within its scope
of power.
F. Street. The surface of and the space above and
below any public or private street, road, highway, freeway, lane,
alley, court, sidewalk, public utility easement parkway or drive
now or hereafter existing as such within the county.
G. Subscriber. Any person or entity regulariy re-
ceiving the electronic szgnals transmitted by a grantee or o~her
services provided by a grantee.
SECTION TI. AUTHORZTX OF COUNTY TO GRANT AATD LIMIT NUMBER OF
FRANCHxSES.
A nonexclusive ~ranchise to construct, operate and
maintain a community antenna television system in the county may
be granted by the Board of Supervisors to any person offering to
furnish and provide such system under and pursuant to the terms
and provisions of this resolution and applicable laws of ~he
county.
No provision herein may be construed as ~o require the
g~anting of a franchise when ~n the opinion of ~he county it is
in the public interest to restrict the number of franchises to
one or more.
SECTION IIT.~ AUTHORITY OF GRANTEE UNDER FRANCHISE.
Any franchise granted puzsuant to fhe provisions of this
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resolution shall authorize and permit the grantee to engage in
the business of operating and providing a CATV system in the
county, and for that purpose to erect, install, construct, re-
pair, replace, reconstruct, maintain and retain in, on, over,
under, upon, across and along any public street or highway, such
poles, wires, cable, conductaxs, ducts, conduit, vaults, man-
holes, amplifiers, appliances, a.ttacnments and other property as
may be necessarp and appurtenant to the CATV system; and, in
addition, so,~o use, operate and provide similar facilities or
properties ren~ed or leased from a public utility franchised or
permitted to do business in ~he county.
SECTION IV. TERPA-CANCELLATION BY COUNTY BEFORE EXPIRATION.
A franchise granted by the county pursuant to this
resolution shall be for a term of twenty years following the
date of acceptance of such franchise by the grantee.
Any such franchise may be terminated prior to its
date of expiration by the county in the event that the county
shall have found, aftex notice and hearing, that (A) the gran~ee
has fai~ed to complx with any material provisions of this re-
solution, or has, by act or omission, violated any term or con-
ditions of any franchzse or permit issued under this resolution;
or (B) the provisions of thzs resolution have become invalid or
unenforceable and the county f~rther finds that such provisions
constitute a consideration material to the grant of such franchise;
provided, however, tha~ the grantee shall be given at least thirty
days' notice of any proposed termination proceedinqs. Tf the
grantee cures the alleged violation of any term or condition of
the franchise during the notice period, the termination proceedings
calXed for above shall be cancelled.
SECTION V. FEE-PAYME~7T-MINZMUM AMOUNT-C~RTIFIED STATEMENT OF
APPLTCABLE F.EVENUES-SUBMISSION-RECORDS INSPECTION.
Any grantee granted a franchise under this resolution
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sha11 pay to the county during the life o£ such franchise and
at the t~mes hereina~ter specificed a sum equal to a minimum of
three percent of the total gross'annual zeceipts of the grantee,
and such payment by the grantee to the county shall be in lieu
of any occupation tax, license tax or similar ~evy and shall be
paid annually to the Treasurer's office of the county.
The arantee shall file with the county within ninety
days after the expiration of any fiscal year during which such
franchise is in force a statemen~ of applicable revenues showing
in detail those rev~nues as defined herein, of grantee, its
successors or assigns du~ing the preceding fiscal year. It shall
be the duty of grantee to pay to the county within fifteen days
after the time for filing such statement any unpaid balance for
the fiscal year covered by such statement. In any year or por-
tzon thereof during which payments under this section amount to
~ess than nne hundred dollars annually, such grantee aqrees ta
pay the coun~y ~he minimum amount of one hundred dollars annually.
For the purpose of this section the term "fiscal year"
as herein vsed shall mEan the fiscal year established by grartee
tor tax purposes within the meaning of the Internal Revenue Code.
Gr~antee shall forthwith file with the County Treasurer, and there-
after maintain on file with such officer, a current statement
certifying.the te~m of its fiscal year.
The county shall have the right of inspection o£ the
grantee's records showing its gross receipts.
SECTION VI. CONDITIONS AND LIMITATIONS ON FRANCHYSE.
A. No privilege or exemption shall be granted or con-
fezred by any franchise granted under this resoiution except those
specificaZ~y prescribed herein.
B. Any pxivilege claimed under such franchise by the
gr~ntee in any street shall be subordinate to anv prior la`~ful
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occupancy of the streets of other publzc p~operty. The county
shall be the judge in determining such claims.
C. Any such franchise shall be a privilege to be
held in personal trust by the originai grantee. It cannot in
any event be sold, transferred, leased, assigned or dispos~d of
in whole ar in part either by forced or involuntary sale or by
voluntary sale, merger, consolidation or otherwise without prior
consent of the county expressed by the resolution and then only
under such conditions as may be therein prescribed; provided, how-
ever, that no such consent shall be reguired tor any transfer in
trust, mortgage ofiher hypothecation as a whole to secuze an in-
debtedness. The consent of the county may not be arbitrarily refused;
provided, however, the proposed assignee must show reasonable
financial responsibility and must agree to complX with the pro-
visions of the resolution.
D. Time shall be of the essence of any franchise
granted under this resoiution. The grantee shall not be relieved
of its obligation to comply promptly with any of the provisions
of this chapter or by any tailure o£ the county to enforce prompt
compliance.
E.1 Any right or•power in or duty impressed upon any
officer, employee, department or board of the county is subject
to transfer by the county ~o any other officer, employee, depart-
ment or board of the coun~y.
F.. The grantee shall have no recourse whatsoever against
the county for any loss, cost, expense or damage arising out of
any prov~sion or requirement of this resolution or its enforcement.
G. The grantee is subject to all requirements of the
resolution, rules, regulations and specifications of the county
heretofore or hereaft~r enac~ed or established, including but not
limited to those concerning street work, street excavations, use,
remo'vaI and reloca~ion of property within a street and other
street wark.
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. H. Any franchise granted under this chapter sha1Z not
relieve the grantee ofi any~obligation involved in obtaining pole
space from any department of the county, ~he utility companies
or from others maintaining poles in streets, as the grantee may
require.
SECTION VII. POWERS RESERVED BY COUNTY-COMPLIANCE WITH REGULATIO~S
REQUIRED-CONDITIONS FOR FRANCHISE ISSUANC~.
There is hereby reserved.to the county every rig~t and
power which is required to be herein reserved or provided by any
resolution of ~he county, and the grantee, by its acceptance of
any franchise granted hereunder, agrees to be bound thereby and
to comply with any action or r~quirement of the county in its
exercise of any such right or power ~or the protection of the
public health, safety and welfare_
SECTZON Vzzz. zNSTALLATION OF SYSTEM-LOCATION AND METHOD-
APPROVAL BY DIRECTOR OF PUBLIC WORKS REQUIREB.
A. The grantee may insta~l or erect any poles, wires,
cab~e lines, or apparatus in the publ~c streets or right-of-way
within the county but only at such Iocations as shall be ~irst
approved by the director o£ public works of the county ac~ing
in the exercise of his reasonabie discretion. Such approval
shall be in writing and issued within ten business days after
submission to the dfrector by the grantee or grantee's authorized
agents of location plans.
SECTION VIV. INSTALLATION pF SYSTEM-PROCEDURE U~ON ~AILURE
TO PERFORM STREET WORK.
Upon failure of the grantee to complete any work re-
quired by law or by the provisions of this resolution to be done
in any street.within the time prescrzbed and to the satisfaction
of the director of public works, the director of public works may
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cause such work to be done, and the grantee shall pay the county
the cost thereof in the itemized amounts reported by the county
finance officer to the grantee within thirty days a£ter receipt
of such itemized report.
SECTIgN X. INSTALLATION OF SYSTEM-OPERA~IONAL STANDARDS.
The CATV system shall be instal~ed and mazntained zn
accordance wit~ the highest and best accepted standards of the
industry to the e~fec~ that subscribers shall receive the highest
possible service. In determining the satisfactory extent of
such standards,the following shall app~y:
A. The syste~ shall be installed using a11 band
equipment capable of passing the entire television broadcast
stations and F~ spectrum;
B. The system, as installed, sha11 be capable of
passing standard color TV signals without the introduction of
noticeable effects on color ~idel~ty and intelligence;
C. The system shaZ~ be capabZe of providing a signal
1eve1 of 2000.microvolts at the input termina~s of each o~ the
TV receivers;
D. The system and all equipmen~ sha~l be designed and
rated for twenty-four-hou~-per-day continuous operation;
E. The system signal-to-noise ratio shall be not less
than forty-six decibels;
F. Hum modulation of picture signal shall be Iess than
five percent;
G. The system shail use components having voltage
standing wave ratio (VSWR} of 1.421 or better. Methods of inea-
suring above standards, where necessary, will be established by
the department of public works of the county.
H. The CATV system shall be installed and maintained
in accordance with the engineering repozt of the television
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allocations study organization (TASO). The master antenna to be
installed for the CATV system shall be located at a point where
the signal strength of the TV stations to be received shall not
be less than five hundred microvolts per meter for low-band
channels (2 through.6) an8 not less than eight hundred m~crovolts
£or high band channels (7 thourh 13) for at least fifty percent
of the time at a receiving antenna height of thirty feet, above
ground. Each CATV subscriber shall receive a minimum signal
strength of 2000 microvolts as measured at the ante~na te~minals
of the television set.
SECTION XI. REMOVAL OR A$ANDONMENT OF APPARATUS OF GRANTEE.
A. In the event that the use of any part of the CATV
system is discontinued ~oz any reason for a continuous period of
twelve months or in the event such system ar property has been
installed in any street or public place without complying with
the requizements of its franchise ar the franchis~ has been ter-
mznated, cancelled or has expired, the grantee shall promptly
remove from the streets or public places all such property and
poles of such system other than any which the director oE pubZic
works may permit to be abandonsd in place. In the event of any
such removal, the grantee sha~l promptly restore the street or
other area from which such propery has been removed to a condiW
tion satisfactory to the director of public works.
B.` Any property of the grantee to be aban~oned in
place shal~ be abandoned in such manner as the director of public
works shall presaribe, which direction shall be given by the
direc~or within ten business days from date of receipt of no~ice
from the grantee of intention to abandon. Upon permanent aban-
donment of the property of the grantee in place, the grantee shall
submit ~o the county an instrument to be approved by county counsel
transterring to the county the ownership of such property.
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SECTION XII. DISCONNECTING, RELOCATING APARATUS WHEN REQUIRED.
The grantee shall, at its expense, protect, supparC,
temporarily'disconnect, relocate zn the same street, alley or
public place or remove from the street, alley or publi~ place
any p~operty of the grantee when required by the director of
public works by reason of traffic ocnditions, public safety,
street vacation, freeway and streeti cons~ruction, change or
establishment of street grade, installation of sewers, drains,
water pipes, power lines, signal Iines and Cxacks or any other
type of structures or improvements by governmental agencies
when acting in a governmental or proprietazy capacity or any
other structur~s or public improve~ents; provided, howaver, that
the grantee shall in all such cases have the privileges and be
subject to the obligations to abandon any property of the grantee
in place, as provided in Section XT.
SECTION XIII. INDEP~iIFICATION OF COUNTY.
A. The grantee sha~I agree to indemnify and hold the
county, its boards, comEnissions, officers, agents and employees
harmless against liab~lity for Ioss or damages for personal
injury, death and p~operty damages occasioned by the operations
of the grantee u~der the franchise granted pursuant to this
resolution, and zn this connection fur~her agrees to defend al~
actions brought upon any such claims against the county, its
boards, commissions, offiCers, agents and employees without cost
or expense to the coun~y.
B. The gxantee shall, throughout the life of the
franchise, maintain in full force and effect, at its own cost and
expense, a comprehensive general liability insurance policy with
minimum limits of $500,000 for bodily in~ury or dea~h of any one
person, and $1,000,000 for bodily injury or death of two or more
persons in any one occurrence and $100,000 for property damage
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resulting from any one occurrence. The insuranca policy dascribed
above shall also name the County of Butte as an additional insured
and shall not be cancelled without giving 30 days written notice.
SECTION XIV. DUTIES AND OBLIGATIONS OF GRANTEE.
A. All notices herein provided to be given shall be
given by prepaid registered mail addressed to the parties as
follows:
County: To Clerk of the Board, 25'County Center Drive,
Oroville, California with copies thereof ~o the County Counsel
and Chairperson of the Board o~ Supervisors, ~1~EW1S2 addressed;
Grantee: To grantee at the address provided in the
franchise granted pursuant to this resolution.
All matters herein provided to be filed with the coun~y
shall be filed with the Clerk of the Board of Supervisors.
B. The grantee shall pay to the county a suin of money
sufficient to reimburse it for all expenses incurred by it for
required publication costs, recording fees, if any, and other
incidental out.-a£-pocket expenses necessarily zncur~ed by ~he
coun~q (excep~ing service of coun~y employees) in connection
with the granting of a fxanchise puzsuant to the provzs~ons of
this ~esolu~ion, such payment to be made within thirtp days after
the county shall furnish such grantee with a wzittien statement of
such expense.
C. The grantee of such CATV s}~s~em shall comply with
applxcable zules and regulations governing nonduplication
protection for loca~ TV stations serving the Chico area, as set
forth in ~CC Rules.
D, Wherever CATV cables are installed adjacent to
public or parochxal schools or county owned public buildings,
CATV services will be made avai~able without charge to such
schools or Che county; provided, however, the installation costs
and cost of maintenance o~ such installation may be recovered by
the grantee from the schools or the county being so served.
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EXHIBIT "A"
All that certain real property si.tuate in ~he County of
Butte, State of california, more particulariy described as
follows:
1. All.parceZs, as recorded on the Parcel Map in Haok 73
~ of P/M at pages 22, 23, 24 and 25. (Copy Attached)
2. All parcels, as recorded on the ParceJ. Map in Book 70
of P/Ni a~t page 9 and 10. (Copy Attached)
3. Al1 parcels, as reco~ded on the Parce]. Map in Book 63
' of P/M at page 74. (Copy Attached)
4. The south half of the south half of Sections il and 12,
a11 in Township 22 North, Range 2 East, M.D.B. & M.
5. Lot A of Section 7 and Lots nos. 1 and 2, and the
northeas~ quarter of the northwest quarter of Sec~tion .
18, all ~in Township 22 North,.Range 3 East, M.D.B. & M.
6. The northwest quarter o~ the southwest quarter, and ~he "~~ --
' sou~hwest quarter of the sou~hwest quarter of Section 18,
Township 22 North, Range 3 East, M.D.B. & M.
7.
All. thosc portions of Sections 13~14~15~22 and 23 in'To-rnship 22 North, Ra~i~~
2 East~A1.D.B, F~ M., lying Easterly of the Chico and Hu~nboldt Road and North-
~erly and tdesterly of the following described line~. ~
H~GINNING at a poin.t an tha South li~io of Soction 22~ 2,G1 ~chai~is G<<st of tli~
c{uart~r corner comrnon to Se~tions 22 and 27; runni.ng tl~ence along the Soutii-
erly line o£ the lands heretofore canveyad to Lydia ~,IV. Baker, ~lorth 57° 25'
East~ 1.54 chains; North 45° 10' East~ 2.12 ctiains; North 25° East 2.12
chains; thence leaving the line of said Baker lands~ and running North 4g°
45' East 20A.h4 chains to the NortheasL corner• of the Southeast quarter of
tk~c ,llorth-aest quarte,r oF said Section 13. -~
~:XCl:E'TI,VG Tt1C:(tL•F1t0~1 all those portions of 5ectio~is 15~22 aiid 23 ly.i~ig South-
erly and ldesterly o~ 'the fol.lotiring described linc: -
BEGiNVINC.at a point.in the center of •the Chico and Elumboldt Road, und on th~
Wast line of said Sectioit 22, a distance of 2413 feet South of the ;lort}iwest
corncr of said 5ection~ and running thence up th-e cent~ of said road, ~forth
b2° 00'.East~ 316.~ feet; North 80° 45' East, 536.6 feet; Nortli 51° 3U East
490.4 feet• North 45° 00' East 606.2 feet; North 30° 30' East, 467.4 fcet;
North 56° 45' East 6T0,5 feet; ,Vorth 60° 30' ~ast~ 673.2 feet~ ~IOI'Cil 59°
00~ East, 265.3 feet; North 66° 45' East~ 223.7 tect; iVorth 32° 08' E'ast,
255.7 feet to a poi.nt o~i the North line of said Section 22, a distance oE
1719.3 feet I~fest oE the :Vc~rtheast corner the'reo:E; thence continuzn~ on sa.id
road, North 26° 30' ~aSt~ 753,8 ~eet to the true point a[ be~innin~; Cor thc
line herein describecl; thcrice frain said true, point of be~inni~~~; leavit~~; said
road~ South 48° 11' East~ 38i4.5 feet Lo a point on the Nort}ierZy lii~~ oL
thc lands of Stephen Lleline and the end oF saic~ lirie,
continued
~XCL•'P'i'iNG 7'1-E1tLFAOM the foJ.kowing described property:
A por~ion of Sections 14~ ].5, 22 and 23, in Tormship 22 North~ Ran~e ?.
k:ast, M.D.B. & M. ~ more particular].y described as fo].J.ovrs:
ULCIAINTPIC at a~oint in the center of the Chico and Hwnbol.d~ Road and on
~he lrlest line of said Section 22~ a distance a~ 2413 f~~~ South o~ 1.Y~e
Northwest corner of said Section and running thenee un the cen~er nF ~:iicl
road, North 62° 00' East, 3~.~.1 ~eet~; Nori:h Ei0° 45' ~ast, 5~6.6.i'eet; rlorth
51° 30' ~ast~ G9fl.4 fee~:;.North 45° 00' East 606.2 ~eet; North 30° 3U'
I?a~t, 467.9 Seet; Nortti 56° 45~ East, 61.0.5 •feet; North b0° 30' ~ast,
~73.~ Seet; North 59° 00~ Eas~t~ 265.3 feet; North 66° ~F5' ~~is~;, 22.3.'1 ~a~ti;
North 3?_° 08' East, 256.7 ~eet to a point on the North ].i.ne of 'said :;ec-
i.ion 22, a distance of 1719.3 feet F1est ef thc Hortheas~,corner ~hcr~:ot;
Lhence continufng up said road, North 26° 30' La~t, 753.~ ~cet to <: ~oint;
ther-ce continuin~ Northea~terly ~lon~ the center o~ said road a di~tance
of 60.0 feet to the tr~e point of be~innin~ for the parcei herein de~,cribcd;
thence from sa~.d trtte poi.n~ of beginning running Southwes~ez~ly alon~; the
center oi said Chico and Htw~bol.d~ Road a~ distanc~ of 60.0 feet to a noint
nence Ieaving sa1.d road South ~~° 11' Eas-~ a distance of 3814.5 feet to
atpoin~ on the Northerly line of the Zanc3s of Steph~n t•Ieline; ~hence alon~
~e last men~loned ~ine~North 48° 45' East 2700.~ fee~, ~~~re or ].ess rto
the aouth line of said Section ].4; thence Northwester~.y in a straigh~ line
to the true point of beginning.
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SECTION XV. CONiPLAINCE WITH CHAPTER REQUIRED--ENFORCEMENT-~
AVAILABILITY OF RECORDS.
No franchise issued hereunder shall become effective
until all the requirements of this resolution are fully met.
~'he county sha11 enforce the provisions of this resolution and
shall adopt such reasonable rul.es and regulations as it may deem
necessary or proper_~.to provide for and ~aci~.itate the making
and reporting of payments provided for herein. At all reasonable
times the county may examine all records kept or maintained by
grantee or under its control which treat of the operations,
atfairs, property or transactions o~ the grantee within the
coun~y for the servicing of subscribers within the county.
PASSED AND ADOP'PED by ~he Butte County Boa~d of
Supervisors this 20th day of October , 1981 by ~Ehe following
vote:
AYES: Supervisors Dolan, Saraceni. and Chairman Moseley
NOES : None
ABSENT: Supervisor Wheeler
NOT VOTING: Supervisor Lemke
BERTIiA MO5ET~EY, Cfiai an
Board of Supervisors
ATTEST:
CLP,RK A. NELSON, County Clerk and
ex-offic' rk of the Board
Bp „~