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HomeMy WebLinkAbout83-120No. a3-~.a.o , WHEREAS, State TV Cable has applied for a non-exclusive franchise within the unincorporated areas of Chico/Durham; and WHEREAS, this Board of Supervisors held a dniy advertised public hearin~ on the question of granting a non-exclusive franchise to State TV Cable for that area fully described in Exhibit A, which is attached hereto; and WHEREAS, this Board has decided to grant State TV Cable a non-exclusive franchise to provide services within the aforedescribed area. NOW, THEREFORE, BE IT RESOLVED that the County of Butte hereby grants a non-exclusive franchise for cable television services within the area described in the attached Bxhibits A and B Yo State TV Cable and pursuant to the franchzse agreement attached hereto as Exhibit C. PASSE- AND ADOPTED by the Butte County Board of Supervisors this 12th day of July , 1983 by the following vote: AYES: Supervisors Fulton, Moseley, Saraceni and Wheeler. PdOES: Cheir po1an ABSENT: None NOT VOTING: None . ~ "JAN DOLA , Chair .~~~`' Butt County Board of Supervisors t1TTE~T: ELEANOR M. BECKER, County Cle - Recorder and ex-officio Clerk of the Board of Supervisors B ~ESOLUTION GFtANTING A NON-EXCLUSIVE FRAhI~CT-TTSE FOR CABLE TELEVISION SERVICES Tq TFiE UNINCORPORATEI? AREAS O~ CHTCO/DIJI2,HAM /_. ~XHIBIT '~C'~ AGREEMEN~ GRANTTNG TO Sta~e TV Cab7e , TNC., A FRANCHISE TO OPERATE A COMMUNITY ANTENNA TELEVISIDN SXST~M WHEREAS , S~a~e TV ('~,~1 e has app 1 i ed far a non--exclusiv~~franchise within the uninco~porated areas of ; and WH~REAS, the Butte County Board of Supervisors has decided to grant to Sta~e TV Cable , a non-exclusi~e franchise ~Co provide cab~c tele~isian services witha.~ ~he areas d~scribed he~ein: NOW, THEREFOR~, IT IS H~REBY AGREED AS FOLLOWS: Seetion 1. SHORT TITLE. This Agreement shalI. be known and may be ~iCed as the "Co~munity Antenna Television Franchise Agreement .'- Section 2. DEFINITIONS. Fo~ ~he purpose of this A~~eement, tt~e fo~lowing ~Ce~cros, phrases, words and the~r de~~~ations shalJ. hav~ the meaning given here~n. When not inconsistent with the context, words used in ~he present tense include the futuxe, woxds in the plural number inc~~de the singular numbe~c, and wa~ds in the singular numbe~ include the plural number. The word "s~iall" is a~ways mandatvey and not merely direc~ory. A. County: The County of Butte, a po~.iti.cal subdzvision of the State of California. B. Area. The area as shown an Exhibits "A" and "B" attached hereto showing the boundar~es of the k'ranchise. C. Communit An~enna Television S stem: "Community Antenna Te~evision System , he~einafter referred ~o as "CATV system" Qr "system", means a syseezn ofr coaxial cables or ather electrical canductors and/ox sateZlite transmissi.on facilities, and other equ~p- ment used, or to be used prinnarily, but no~ exciusiv~ly to receive television or radio si~;nals directly off-the-air or by sate~lite and t-~ansz~it tl~~m to subscribers for a fee. D. Person: Any person, ~i~r~, partn~rship, association, corporation, company, or arganization of any kind. r. _2-- ~. G~antee: Sta~e TV Cab~e , a California corpo-~ati.an, o~ anyone wha succeeds it, in accor ance wi~h ~he provi- sions af ~he Franchise. F. Converter: An electronic device which con~eEts va~.tages o~c signa~s on one requency ~o vo~.tages or s~gna~s on another frequency. G. Franct~ise: "Franchise" shall mean and include any au~horization granted ereunder in te~ms of a franchise, p~ivilege, permit, license ox other authorization to consttuct, opera~e and u~aintain a CATV system within all, or a specified area of, the County of But~e. Any such authorization, in~whatevex form granted, shall not be deemed to includ~ any license o~c pe~mi~ xequired for the privilege of ~ransacting and carrying on a business wirhin ti~~ County of Bu~te. H. Subscribe~ or U~er: Any perso~ or entity recei~ing any service of the Grantee s CATV system including, but no~ la.mi~ed to, the conventional. broadcast signa~s, radio signals, Gran~ee's ori.ginal cable--casting, and the local go~exnment, education and publac access channe~.s. "Subscriber ar US~~" sha~~. alsa mean any pe~son receiving other services fTOm GEantee's CATV syst~m, suc~ as 3.easing of channels, data and facsimile transmission, pay television, and police, fire, or si~nilar public se~vice communication. Z. Re ular Subscriber Services. IncJ.udes th~ carr~age of ~'.C.C. mandated and F.C.C, non-~nandated broadcast signals but shall no~ inc~.ude "anci~.lary" ar "auxi.liary" ser~i.ces, whic~ include, but are not limited ta, leased ehannels, and pro~~a~ming supplied o~ a per p~o~~am or per channel charge basis, if any; but sha1l not include advextising services. J. Gross Sub~criber Revenues. Any and a11 compensa- tion and other consideration in any form whatever and any can~ribution, gran~ ox subsidy received by the Grant~e, di~ec~ly or indir~ctly, f~om subsc~ibers or users, a.n payment for the t~ansmission of ~lec~~conic signals or the p-~ovision of ather se~vices received within unincor~- porated areas o~ the County of Bu~te, including, but not limited to, compensa~ian, other consideration, grants or subsidies recei~ed directly or indirectly from subscribers or use~cs in paym~nt for "pay television" signals xeceived within uni.ncoxparated areas of ~he County; pxavided that gxoss subscriber ~cevenues shall not in~lude installation fees charged to any individual subscrib~r or user, any non entertain~nent services, copyright fees separately bil~.ed ~o subscribers ar users, fees paid to pro~ram suppliers, ~efundab~e d~posits on ~onv~rters/ descramb~.ers provided to subscribers or us~rs, and any tax~s on the services furnask~ed by the ~~antee impased di~ectly on any user or subscribe~ by any county, state or other govern~nental unit and collected by ~he grantee foE such governmen~tal unit. The definition ofr gxoss subscriber revenues may be char~ged by the board o~ super~isors, but only after ~he board has conducted a duly advertised public hearing concerning p~oposed changes. ~. -3- _ Section 3. GRANT OF NONEXCLUSIVE AUTHORITY. A. There is he~eby granted by the County of Butte to the Grantee, se~bject to the condi~Cions and ~imitations contained herein, the right and p~ivilege to construct, erec~, operate and maintain in, upon, along, across, above, over and undex the streets, alieys, easements, public ways and publi~ places now laid out ar dedica~ed, and a11 extensa.ons Chereof, and adr3itions thereto, wztha.n t~e area, a CATV system for the transmission of Ce~evision signa~s and other signals e~.ther s~parately, or in conjun~tion witn, any public u~.a.lity maintaining the same in the a~ea including a~l of the necessaxy and desirable appla.ances and appurtenances pe~taining ta a CATV system. Withoe~t ~.imiting the g~nerality of the foregoing, this grant shall and does hereby include the righ~ a.n, o~er, under and upon t~e st~eets, sidewalks, alleys, easements and public g~ounds and places in ~he area to install, ope~ate, erect or in any way acquire the use of, by ~easing or licensing, all. ~ines and equi.pmen~. necessary to a CATV system and the right to make connections to subscr~bers and the ~igh~ to repai.r, replace, enla~ge and extend said lines, equipment and connections al]. subject to the condirions and ~.a.u~itations of this agxeement. B. T~e -~igl~~ to use and occupy sazd streets, alleys, easements, pub~ic ways a~d places for the pu~poses he~ein set fortn s~ia11 not be exClusive, and County of Bu~~e reser~es the right to granC a similar use of said s~~eers, alleys, easements, public ways and places, ta any pe~son at any time for any purpose (zncluding othe~ CATV system f~an~hises) during the pe~iod of this Franchise. Section 4. USE OF EXISTING POLE LINE FACILZTIES. T~iere is hexeby granted to t~e Gxantee the further right, privilege, and au~~ior~ty to lease, rent or in any othex manner obtain the use of towers, poles, lines, cables and other equipment and ~a~ilities, frrom any and a11 other holders af peablic licenses and franchises within the limits of the a~ea, and to ~s~ such towe~s, poles, lines, cables anri oCher equipment anci faciiities, subjec~ ~o alI existin~ and future ordinanc~s and ~egul.ations of the County of Bt~tte. When and whexe practicable, the po~.es used fo~ tne Grantee's distribution sys~em sha11 be those erected and maintained by Pacific Gas and Electri~ Company or Pacific Te~ep~one Co~npany, ptovitiec~ that mutua7.ly satisfactory ~ental agreements Can be entered i.n~o by the Grantee with said companies; otY~exwise, the Grantee may ~rect its awn poles when and where requaxed, subject to ~he approval. of the County of But~e. The Coun~y af Butte may, at its disc~ce~ion, withhold appraval af the erec~ion o~ the G~an~ee's own poles; however, i~ ~Che Grantee is ~nable to util~ze the poles of PacifiC Gas and Elec~xic Company and/or Pacific Telephone Company, and ~.f the County of Butts does not apprave tt~e G~antee`s request to erect its own poles when and whe~e so requ~red, then the GEan~ee is hereby ~elieved af at~y and a11 obYigations undEr this Fxanchise to prot~icie servi~e to any and _4_ a11 areas beyond ~he point at which the Grantee is unable ~o obtain pole line facilities through joint pole agree~nents with Pacific Gas a~d Electric Company o~ Pacifi~ Telephone Campany, or by means of the erection of the G~an~ee's own paies. The Grantee sha11 not be abligated to seFVice areas ~o which it is unable to obtain pole line facilities ~.oca~ed in a di.rect ~oute to such areas and the Gran~.ee is no~ xequ~.red to erect or abtain the use of pole line facilities alang an indirect or ci~cuitous rou~e, nor is the Grantee required ~o use undergrat~nd conduiCs in areas where underground condua.~s are not ~n use, in o~der Co supply service to these affec~ed a~eas. I~ areas o~ ~.ocations wher~ ~nderground condui.t is a.n use, or sha~l at some futeare date be used by either of the above named utiliry companies, the Grantee, by nego~iation with said eompanies when and wY~~r~ practicable, will join in the usE of unde~gxouz~d facilities provided mu~ua~.ly satisfactory agre~ments can be en~ered into with said ~ompanies, otherwise the Grantee may z.ns~all its own underg~ound conduit and faci~ities subjec~ ~o ~.he app~aval of the Butte Coun~y Pub~ic Works Depar~men~. Se~tion 5. DURATION. This Franchise shall continue in force for a period of tw~nty (20) years, unl.ess ea~lier forfeited pu-rsuan~ to Section 22, and upon the expira~.ion thereof may be ~enewed pursuant to the terms and Coz~ditiOns set forth in Se~tion 6. Section 6. RENEWAL PROCEDURE. Grantee shall have ~l~e option to xequest renewal of this Franchise fo~ an addi.tional period no~ to exceed twenty (2~) years. Should Grantee desire to exexcise this option, it shal~ so natify the County of But~Ce, in writing, not less than nine (9) months prior to expi.~a~ion of this Franchise. Upon exercise of this option by Gran~ee, the County of Butte sk~a11 conduct a fu1.1., open and public ~iearing on the renewal af~er prior notice arzd with an opportunity o~ all interested parti~s to be heard. The heaxing on the renewa~. shall be he~d for the sole puxpose of conside~ing the per~ormance of G~antee und~r this Franchise and any othe~c fac~ors da~med relevanr in determining whether to renew this Franchi.se. Renewal sha11 not be unreasanab~.y denied. If this ~"~anchise is renewed by the Co~nty of Butte, a~.l of the terms and provisions contain~d herein shall be controllin~ dura.ng the renewal period, except to the ex~en~ that said terms and provisions are modified by t~ie County of Bu~~e, or unl~ss this Fxanchise is superseded by a new Fxanchise. Should the County of Butte, for any reason, be unable to complete the renewal proceedin~ prior to expiration o£ ~his Franchise, G~can~ee shall have the xight to continue operation of its CATV sys~em pursuant to the terms of t~is Franchise un~il such time as the renewal proCeeding is concluded. Should the County of Butte deny renewal of ~his Franchise, such d~nial sha11 be accompanied by a written s~a~ement setting fo~th th~ reasons for denial.. In the event that the County of Butte denies r~newal, G~antee slnalI. be afforded a period of si.x (b} months following d~nial wa.~hin -5- which to attempt to sell, transfe~ ox convey its CATV sys~em ~o a qualified purchaser, subject to ~he approval of t~ie Co~nty of Butte, at fazr marke~ value. During this six (6) month peri.od, Grantee sha~.l have the ~ight to operate this CATV system pu~suant to ~.he ~e~ms of this Franchise. If Grantee is unabl.e ~o se~l, transfex, or con~ey its CATV system within the period pe~mx~~ed, the Gxantee shall remove from the streets and from all public p~aces a21 5uch praperty and poles in accordance wi~.h SecCion 25. Sect~on 7. TERRITORIAL AR~A ~NVOLV~D. Tk~is Franchise relates to the a-~ea s~iown on Exhibit A attach~d here~o, and to any area henceforth added t~iere~o durin~; the term of this Francise. Section 8. SYSTEM CONSTRUCTION AND D~SCRiPTION. A. The Gtantee's ~ransmi~sian and distribution sy5tem, poles, wi~es and appurtenances sha~l be Ioca~ed, e~ected and maintain~d so as nat to endan~er or interfere witt~ the lz.ves of persons, o~ ~o interfere with new impro~ements the County of Butte may deem p~oper to make, ar to unnecessaxi.ly' hinder or obstruct the f~ee use of t~ie st~eets, alleys, bxzdges or other public prope~~y; removal af poles to avoid sea~~i in~erference w~ii be at the Gran~ee's expense. No trans~ission and distribution poles, wires and appurtenances and no towers or othe~ s~ructures sha11 be located, const~u~ted, erected or mai~taa.ned within the area until and unl.ess ~he nature and locations of such poles, wi.res, appu~tenances, towers and/ar athe~ s~rucrt~res have b~en approved by ~he Coun~y of Butte in advance af ~heir location, construction, erection ar maintenance. B. Al1 instal.lations of equip~ent shall be du~able, and instailed in accordance with good engine~ring p~ac~ice, and of sufficie~t heigh~ ~o comply witt~ all existing Butte County reg~lations, ordinan~es and state laws and so as not to int~rfere in any manner wiCh the right of t~e publiC o~r any individual p~operty owner, and shall nat interfere wi~h the travel and use of public places by the public and during the construction, repa:i~ o~ -remaval th~reo~, shall no~ abstruct or impede traffic. C. In the maintenance and operation of its tele~ision transmission and distribU~.ion system in the stxeets, alleys and ot~e~ public places, and in t~te caurs~ of any new construction or addi~ion to i~s facilities, ~he Company shall proceed sa as to cause the least possible inconvenience to the ~enexal public; any opening or obstruc- tion in the str~ets o-~ o~her publzc places made by the Grantee in ~he couxse of its opexation sha~l be guaxded and protecre~ at al1 times by the placement o~ adequate barriers, ~ences or boa~cdings, th~ bounds of which, durin~ periods of dusk and darkness, shall be clearly designated by xed warning li~h~s. -6- I3. I~ is the stated intention of the County of Butte that all o~her holders of public licenses and franchises within the limits of tt~e County of Butte shall cooperate with the G~an~ee ta allow the Grantee`s jo~.n~ usage of th~~r poles and po~e line faciliti~s wherever possi.ble ar wher~ver such usage daes not interfer~ with the normal apera~ion af said poles and pale lines so that tne number of new o~ additional pol~s const~cuc~ed by the Grantee within the Coun~y of Butte may be minimized. Such cooperation shal~. ix~~lude the rights of joint usage at reasonable ra~es and on reasonab~e terms. E. The G~cantee shall grant to ~he County of Butte, free of expens~, joint use of any and all poles owned by it for any prope~ municipal purpose ac~eptable to the Grantee, insofar a5 it may be done withour interfering with the fxee use and e~joyment o~ the Grantee's own wi~es and provided ~.hat aIl such joint usa shall be in full compliance with al~ rules, regulations, requirements and condi~Cions of the Grantee and provid~d tnat it s~iall be in accordanee wi~~i the provisions of the Nationa~ ~iect~ical Safety Cade p~epared by t~ie Nat ional Bureau of Standards, and the Na~. i.anal E1~ctr ica~. Code of t~e National Board of Fire ilnde-~wxi~e~s affecting electrzcal insta].lations which may be pre~ently in effeC~ or future c~ian~;es the~e~o. Sectian 9. FAITHFUL PERFORMANC~ BQND. The Grantee s~iall, concur~en~Iy with the gran~ing of an acceptance o~ award of any f~anchise granted under thi5 agr~ement, fi.~.e witt~ th~ Clerk a.f the Board of Supervisors and at aI1 ~imes t~iereafter maS.n~ain in ful~. force and effect for the term of s~ch franchise, a~ ~he G~ant~e's sole exper~s~, a corpa~ate surety band, in a eompany approved by and in a form to be appxoved by the Butte County Counsel, in the minzmum amount of Ten Thousand Dollars ($~a,oao}, continuous in form and conditioned upon ~he faithful pe~cfa~man~e by the Grantee of all the terms and ~onditions of the franchise granted and ~he provisions of this agreement and, fuxther, in the evenC ~he Grant~e sha~l ~ail to Comply with any one or more of the provisions of tha.s oxdinance, there shall be recoverab~.e ~ointly and seve~al~y from the p~in~ipal and su~ety of such bond any dama~es ox loss se~ffered by ~he County of Butte as a result thereof, includin~ the fu11 amount of any cor~pen- sation, indemni~icatian ox cost of removaJ. ar abandonment of any prope~cCy' of the Gran~ee as presc~ca.bed hereby which may be in defaul.t, plus a reasonable a~lowance fo~ attorn~y's fees and costs up to the fu11 amount of t~e bond, such condi~ion to be a continuing obligation fo~ the duratzon of such f~an~hise and the~eafrer until the GrantEe has li.quida~ed all af i.~s ob~igataons with tne County o~ Butte t~at may ~iave arisen ~xom the accepCance of ~uch franchise by the Grantee or fEOm its exe~~ise of any p~ivilege herein granted. The bond sha11 pxovide that thirty (30) day's priar writ~en notice of intentian no~ to renew, cancellation o~ materia~ chan~e be gi~en ~o the County of Butte. . _ -7- ~ ~~ie Board of Supervi.soxs sha11 have the authority' a~ any ~ime during the term of Che franchise to require the amoun~. of such bond to be i.nc~reased ta a greater sum than the minimum sum herein p~ovided, not exce~ding the sum o~ Twenty-five T~o~sand Dollars {$25,400), if, in the exexCise of its discretion as determined by resolution, such ancxease is required for the better p~o~ec~ion of the rights and a.nte~ests of the County of Butte. Such addi~ional bond, i£ so required, shall b~ furnished and de~.ive~ed by the Grante~ to tk~e County of Butte within ~hirty (30) days from the receipt by ~he Grantee of a copy of s~ch resolution. Neither the provisi.ons of this section, any bond a~cepted by ~he Caunty of Butte pursuant thereta no~ any damages recove~ed by the Coun~y of Butte thereunder shall be ~onstrued to excuse faa.Ch~ul pe~fo~~nance by the Grantee nor Iimit the liab~lity o~ ~he Grantee unde~ such franchise or for dama~;es, eith~r to the ful~. amount of ~he bond o~' otherwise. SEC~lOFI I0. INDEMNIFiCATION AND LIABILITY. The Gran~ee shall be an independent cont~acto~c and sha11 nat be deemed ~he agent o~ employee of the County of Bu~te. The Grantee sha~1 indemnify, pro~ect, defend and save harmless the County of Butte, its boa~cds, commissions, a~ents and ~mployees from and against ~osses and physical dama~es to property, and bodily injury ar death to persons, i~clt~din~ payments made under any L,loxker's Comp~nsation ~aw, which may arise out of the Grantee's maintenance or operation of a CATV system in the County of Butte. The Grantee shal~. carry ins~rance ta pro~e~t the pa~~.i.es hereto from and against all clai~s, de~nands, actions, ~udgments, costs, expenses and liabilities whick~ may arise or result, dixectly or indirectly, from or by reason o~ any such claim, loss, injury or damage. ~he amounts of such insu~ance a~ainst liability due ~o physical damages ~o property shall no~ be Iess than One Hund~ed Thousand Dol~axs ($100,Q00}, as to any one accident and no~ less than Five Hundred Thousand Dol~ars {$500,000) aggregate i.n a~y single policy' year; and against Iiability due to bodily injury or to death of pexsons, not less than Five Hundred Thousand DoZlars ($500,400}, as ~o any one person, and no less t~an One Million DoZlaxs ($1,000,000) as ~o any o~e accident. T~ie Grantee shall also carry s~c~i i.nsu~ance as is required by law Co protect it f~om all ~laims under the Worke~'s Compensation ~aws in effect tha~ may be applicabl.e ~a the Grantee. A11 insurance xequired by thi.s ordinance shall be, and r.emain in ~ull force and effect, for the entire life of Grantee's rights hereunder, sha11 name the Gounty of 13u~~e as an ac~di.tional Xnsured, and shall contaa.n a provision t~a~ a written no~ice of any cancellati.on or reducta.on in co~erage shall be deli~ered ta the County of But~e not l~ss than te~ (10) days in advance af the effective date thereof. Said policy or policies of insurance or a certified copy or copies Che~eof sha11 be fiied with ~he Gounty of Butte. ~he Gxantee wi~.~ repair and Iandscape any damage to an.y area resa.dent's ~ome ar property caused by iCs installati.ozz or maintenan~e of eqt~ipmen~. -8-- Such prope-~~y sha11 b~ repaired ox xeplaced by the G~an~Cee at its discre~i.on. The Coun~y of ~utte shall notify t~e Grantee in writing, within te~ {10) days after the presenta~ion of any claim or tiamand, e~the~ by suit or otherwise, znade aga~nst the County of But~e which appears to arise out o£ G~antee's aetions o~ faa.3.ure ~o act. Wi~ere any suc~ claim or demand made against the Coun'~y ot Butte is made by sui.t or othe~ 7.egal action, County of But~e sha~l give w~cztten zzotice to the Grantee. Sec~ion 11. COND~xI4NS ON STREET OCCUPANCY. A. All t~ansmissians and distribu~a.on st~uc~ures, lines and equipment erected by the Grantee within ~he County of Butte sha11 be so locat~d as to cause ~inimum interFe~en~e with the proper use of str~ets, alleys, easem~nts and o~.he~ public ways and places, and to cause ~ninimum interference with the xights and reasonable convenience of p~operty owners wt~ose p~operty adjoins any af the said streets, alleys or other public ways and places. B. In case of the disturbance o~ any stre~t, sidewalk, alley, public way or paved a~ea by tk~e Grantee, the Gran~ee shall restore the area d~sturbed ~o as good a conc~ition as betor~ the work crEating such disturbance was done. C. I~ at any time duxing the period of ~.his Franchise the County of Butt~ shall lawfuJ~ly elect ta al.ter ox change the g~ade of any st~eet, sidewalk, al~ey or ather public way, the Grantee af~.er reasonable notice by ~~e County of Butte, sha1~. remo~e, relay and relocate zts ~oles, wires, cab~es, ~nderground ~onduits, manholes and othex fixtures at iCs awn expense; provided, however, ~ha~ where public fund or f~nds from property owne~cs are available fo~ such reloca~ion pursuant ~o law, Grantee shall not be required to pay the cos~. 17. Any pol.es or oth~r f ix~Cures placed in any pt~bli.c way by ~~e Grantee sha~.1 be placed in such manner as nat to inter£e~e with ~he usual t~ave~. on such public way, or to, in any way, endan~;er usexs of such public way. E. '~he Grantee sha~l, on the req~~st of any person holding a building mov'ing permi.~C issued by the County of Bu~te, ~emporarily raise or lower i~.s wires to pe~~it thE movi.n~; of buildin~s. The expense of su~~i temporaxy removal o~ raising o~ ~.owering of wares s~a~1 be paid by the person requestin~ the sa~e, and t~ie Grantee shall have t~ie authori~y to requzxe s~ch payment in advanCe. Ti~e G~can~ee shall be g~.ven not ~.ess than forty-eight (48) hours advance notice to arrange for such ~e~nporary wire changes. _9.. F. The Grantee sha11 have the authority ta trim ov~rhanging trees upon the st~eets, a1.leys, sidewalks and public ways and places of the a~ea sa as to p~event the branches of such t~ees f~om coming in Contact with the facili~ies of Gran~ee, but shal~. in a].1. ~espec~s comply with ~he County of Butte's ordi~ances, ru~es and regulations regardi~g tree c~tting and removal. G, In aZl a~eas of ~he Caun~y of Bu~~e whe~re ~tae cables, wires or other like facilities of pub~ic utilities are plaeed vnderground, the Grantee shall place its cables, wires or other €acilities unde~g~ound ~a ~.he maximum extent tha~ existing technology reasonably pe~mits the ~~antee to do so. Section 12. COMPLAINT PROCEDIIRE. The Grantee s~ia11. maintain a business otfic~ in the County o£ Butte for the purpose of ~e~eiving inquiries and complaints ~rom i~s ~ustomers and the g~neral public. Grante~ shal.l investigate aI1 complaa.nts witk~in ten (10} business days of their receip~. and shall in ~ood fai~h attempt to resolve them swiftly and equ~.~ab~y. Grantee's CATV system sha11 be insta3.led, maintained and opexated in accordance with the high~st and best standa~ds ~axried out in the industry. Section ~3. OPERATION AND MAINTENANCE OF SYSTEM. The Grantee s~ia1l ~ender e~~icient service, make repairs pxomp~ly and interrupt service only for ~ood cause and for ~he s~iortest time possible. Such interruptians insofa~ as passible sha11 be preceded by notice and sha1~. oCCUr during periods of mini~u~ use of the sys~em. Section 14. PRE~'~RENT'IAL QR DISCRIMINATORY PRACTiCES PROHIBITED. GxanCee sha17. not, as to rates, charges, ser~ices, facili.~Cies, rules, regulations or in any ather respe~~ make or gr.ant any undue pxeference or advantage to any pe~son, nor subjec~ any person Co any und~e prejudice or disadvan~a~e. Section 15. F~E. The ~~anchise fee shall be the maxim~n~ amount permitted by 3.aw and the method of computation o~ tha~ fee sha11 be that method permitted by law which yields ~he ~iighest f~e. The deteru~inatian of the f~ee and the methad of comp~a~ta~a.on shall be with ref~rence to ~he 1aw as it exists at the ~ime of any gi~en det~rminati.on or computation. Gra~~ee shall pay to the County a~ Butte said fee q~arte~~.y wi.thin thirty {30) days fol.lowing the las~ day of each Mar.ch, 3une, Septemb~r and ~ecember, and shall be computed on the basa.s of such r~venues ~eceived during the p~ceceding three {3) month geriod. The Grantee shall file with the Butte Coun~y Auditor within na.nety (90} days a£ter ~~ie expiration of each fiscal year a statement prepared by a l~.~ensed pub~.ic accaun~ant showin~ in detail the ~otal gross subs~xiber revenues, as defined herein, for the p~eceding fiscal year and st~a11 include any other info~ma~i.on necessary to compute the ~ee. For the pur~oses of this section ~.he term "fiscal year" as herein used shall mean ~he fiscal year es~ablished by the Grantee fo~ ~ax purpases wi.thin the meaning o~ the Internal Revenue Cod~. -~o- Sec~~on 16. FREE INSTA~LATIQNS AND SERVICE. A. Grantee shall, at no cost, make one installation at ~he following locations, if located within two hund~ed {200) feet of Grante~'s facilitxes: (1) All public and non~profit private s~hools, colleges and un~ve~si~ies; (2) A~I police and fire s~a~ions; (3) A1~ public libraries. This obligation s~all be standa~d installation a~ a single point convenient to use and sha~l not require building. The County of Butte, school, may elect ~o ~av~ the building wired by required to pay Grantee the xeasonable lim~~ed to making one (1) on the p~emises reasonably the wiring of an e~ti~e coll~ge, un~vexsity or library th~ Gran~ee, but Shall be cost of doing this work. B. Grantee sha~l furnish reg~lar subscriber se~vices free of c~arge to the following locations: {1) Al~ pub~ic schoo~s and no~-protit pri~a~e schaols, colleges and universities; (2) A11 police and ~ire stations; and (3) A11 public libraries. C. In the event service ca11s ox repairs are requxred for any 1oCa~ion as to whzCh installation o~ service is re~dered without cha~ge, Grantee shall be entitled ~o fair and reasonable charge ~or any repaixs other than those necessary to effect d~livery of s~gnal to a single point on the premises reasanab~y convenient ~o use. Section 17. EMERGENCY USE OF FACILITIES. In the case of any emergency o~c disaster, the Grantee shal]., upon r~quest of rhe Board of Supervisors, z~ak~ available its faciliti.es to the County of Butte fox emergency use durin~ rhe em~rgency o~ disaster period. Section 18. MOD~FICATIONS. Any mocizfication o~ the protrisions of the rules and regulations of the Fed~ral Cozn~nunications Commission or the Communicati~ns Act of 1934 re~ultin~ from amendmen~ by ~he Federal Com~unications Commiss~an ar Ac~ of Congress shall be ~.ncorporated into ~he franchi.se within one (1) yea~ of adoption of the modifica~ion or aC ~he time af ~x~I1C~]15E renewal, whichever occuFs ~1~5~. Cf -ll- Section 19. ABANDONMENT. The Grantee shall not abandon the syste~ during the ef~e~tive period ofr this Franchise without the prior consent of ~.he Board of Super~isors. S~ction 20. TRANSFER AND CHANGE OF CONTROL. All of the ri~~ts and privileges and all of the obli~ations, du~i.es at~d liabilities crea~ed by this Franchis~ shall pass to and be binding upon the successo~s and a~signs of the G~an~.ee; and tl~e same sha11 not be sold, assi.gned, trans~erred, leased, o~ o~herwise disposed of in whole or in par~, either by forc~d or invalun~.aEy sale o~r otherwise without the pr ior cansent of the Coun~y of Butte embodied in a resolu~ a.on of the Board of Supexvisors and then only upon such ~erms and conditions as may be Chexein prescribed, provided, howetre~, that this section sha11 no~ prevent the assignment of ~he Franchise by Grantee as securi~y for debt without such app~oval; and provided furt~er that ~ransfe~s or assignu~ents of this ~'~anchase between any parent and subsidiary corpotation or be~ween entities ot which at Zeast fifty percent (5~%) of the benefi~ia~ ownership is ~e1d by the same person, persons or enti~i.es or transfers of a f~ac~.ional interest in the Grantee as beCween the present s~a-~eholders sha11 be p~rmitted w~.~hou~ ~he prior approval ot the County of Butte. t~ie consent of the County of B~tte to a transfer may noC be arbitraraly withheld; p~ovided however any trans~eree m~st show financial responsibility sa~isfactory to the County of But~e. Section 2I. FOR~'EITURE. ~f th~ Grantee should vialate any of the terms, condiCions or provisions of this F~anchise or if the Grantee should fail ~o ~omply with any reasonable provisions of any ordinance o~ the County of Butte ~cegulating the use by the Grantee of the stxeets, alleys, easemen~s or public ways o~ ~he County af Butte, and should the Gran~ee further continue to vio~.ate or fail to camply or to commence compliance and diligently pros~cute to co~pletion compl.ianCe with the same £o~ a periad of thirty (34) days att~r the Grantee sha~.l have been notified in writing by the Coun~y o~ Butt~ ~o cease and desis~ ~rom any such vio~ation ox fail~ure to comply so specified, or in ~he event any material provision of this agreement ox any material provision af any fran~hise issued pu~suant ~o this ag~eement has become iYlega7. or is held invalid or unenforcEable, then the County of Butte shall have the ri~ht ~o declar~ aIl righ~s and privi~eges g~anted by this Franchise to be forfeired; pto~ided that su~k~ forfeiture shal~. be declared only by written decision of the Board af Supexvisors after an apprapriate public hearin~ befoxe ~he Board of Supervisors affoxding the Grantee due process and fu~.l opportuni~y ro be hea~d and to respond ~o any such no~a.~e o~ violation or failure ~Co comply; and provided fu~ther that the Coun~y of Butte may, in its discretion and upon a finding of violati.on of failuxe to comply, impose a 1.esser penalty than forf~itu~e of ~his Franchise or excuse the violation or failure to comply' upon a showing by the Grantee of ~itigating ca~cumstances. ~n ~.he event that forfeitu~e is imposed upan the Grantee, it shall be affo-cded a six (6} month _ --12- period wi~hin cah~.ch ~a sel~., transfer or con~ey its cable televisian system to a qualified purchaser at fair market value. During this period the Grantee shall have the righ~ ~o apexa~e ~his cable tele- vis~.on system pursuant to the provisions of the Franck~ise. If the Grantee is unable to se~.l., ~rans~er, ox convey its CATV system, the Grantee shal~ ~omz~ence the remo~al from the streets and al.l public places of all such property and pales in accordance wi~h Section 25. Section 22. SAFETY REQUIREMENTS. A. '~he Grantee sha~l at ail times employ oxdina~cy care and shall install and maa.ntaz.n i.n use ~commonly accepted ~ethods and detrices for prev~nting failures and accidents whzch are likely to causE damage, inju~ies ar nuisances to tk~e public. B. The Grantee shall ins~.all and maintain its wires, cab~.es, tixtu~es and othe~ equipmenr in accordance with the requir~ments of s~Ca~e an:d national electrica~ codes, and in suc~ manne~ tha~ Cl~ey will not interfere with any in,s~al~.a- tions of the Coun~y of Butte or of a public u~a.~.ity serving the County of B~tte. C. All structures an:d a~.I ~.ines, equipment and connec- tians in, over, under and upon th~ streets, sidewalks, alleys and public ways or places of the area, whexe~e~ situated or located, sha~.l at al~. times be kept and maintained in a safe, sui~able, substantial conditi.on and in good order a~d repai~. Section 23. ADDITIONAL REGU~.ATIONS. The County of Butte reserves the xig~t to adopt, in additian to the provisions included in this Franchise and a.n all existing applicable agreemen~s, such additi.onal regulat~ons as a.~ shall find necessary i~ the exercis~ of its police power, provided, however, that such ~egulations are reasonab~e and not materially i~ conflict with th~ pri~ileges granted by this Franchise and provi.ded that the Company`s ~easonab~e commercial. expec~ations are no~ diminished thereby. Section 24. KEMOVAL OF APPARATUS. In ~.he e~ent that the use af any part of the CATV system is disCOntinued for any reason ~or a continuous period of twelve (12} months or in t~e event such system or prope~ty ~as bee~ installed in any street or public p~ace wi~hou~ complying witt~ the reqt~ire~nents of its franchise o~ the franchise has been terminated, cancell~d o~ has expired, the Gxantee shall p~omp~.ly remove from the st~ee~s or public places a11 such property and poles o~ such syste~ o~her t~ian any w~iich the Coun~y of Butte, may permi.t ta be abandoned in p~.a~e. In the event of any such ~emoval, the G~an~Cee shall p~omptly res~o~e the street or other ar~a from which such pxaperty has been removed to a Condition satisfaCtary to the County of Butte. -13- - Any property of ~.he Gran~.ee ~o be abandoned in p~.ace s~ia11 be abandoned in such manner as the County of Butte shal~. presc~ibe, whi~h direction shall be given by the County of Butte witY~in ten (1.0} business days from th~ date of recei.pt of notice from the G~antee of intention to abandon. ilpo~ per~an~nt abandonment of th~ property of the Grantee in place, ~he G~an~ee sha1.1 submit to the County of Butte an ins~xumen~ ~o be approved by the Bu~te Coun~y Counsel, ~rans~e~r~.ng to the County ofr Butt~ ti~e own~rship of such property. Section 25. S~~'ARABxLSTY. The County o~ B~a~te and the Grantee desa.~na~e no prava.sions a~ Ch~s ~'ranchise as bea.ng mate~ial to the farce and effect of the remaining provisians of this Franchise. If any sec~ion, ~entence, clause or phrase of the agreement is ~or any reason held il~egal, invalid or unconstitutional s~ch invalidity sha11 not effect the validity of the agreement. Sectio~ 2b. Si~RR~NDER RIGH'TS. G~an~.ee may surrender this Franchise at any time upon filing wa.~h ~he Clexlc of ~he Board af Superviso~s a wxitten notice of its intention to do so at least six {6} months before the surrEnder date. On the su~Fendex da~e specifa.ed ~.n the notice, all of the rights and pri~ile~es and al~. of ~he obliga- ~ions, duties and Iiabilities of Grantee in conne~tion wi~h ~he Fxanchise shall terminate; provided the GEantee shall remove fro~ the streets and public places a11. such pxoper~y and poles ~n accardance wi~th Section 25 be~ore tne faithful performance bond required under Section 9 is released. DATED: Ju~y l2 , 1983 DATE~: July I2 , 1983 ATTEST: GRANTE~ s ' BY ~'.."'"' /~i~i~~~~_ MICHAE~, E, I,YTLE, President State TV Cable COiTNTY OF BfJTTE By llULAN, ~hai~ Ot tl~e e Caunty Board of Supervisars ELEANOR M. B~CKER, County C1erk and ex-officio C1erk of the Boa-~d ~' '~ / ~~ c-~r~-~ ~'- _ -~ •~ f APPROVEg AS TO FORM: APPROVED AS TO B~JDGETARY AND FISCAL CONTR~L DELB~R~ M. SIEMSEN JAMES L. JOHANSEN Butte ou t C un 1 Butte Coun~y Audito By ~y ~ ~ ~ `f r r ~ F~aM: Cd.~hy pitts, Ass~stan~ C1erk ta ~he Board of S~perv~sors sue~ECT: Resol~tion 83-i20 granting a non-exc~us~ve ~ranchise for cab7e te1evision services ~o ~he unincorporat~d areas a~ Ch~co~Durham aArs: July 26, ~983 ~ Attached ~s a copy af the above subject resolu~ion which was adap~ed by the Board on ~uly ~2, ~9$3. 1~ot at~ached are ~xhibits A and B, which are large maps not eas-ily reproduced. ~ r~~ ~ / , ~~-f ~~~' ~ncl. ~ii ,~ cc: Auditar (w/e~cl) Tax Co~Tec~or (w/enc~~ s~aad ~u~siy~u~a~ pasodo~~ ~~ s~aad 6u~s~~~u~a~ tiu~~s~x3 ~ ~ ~ .. 3"t [fn 2IU _1~11+'I ' ~_ t } _` ,_ .,,' f . ~f ~ ~. y Y~x Y£ s~~ii55o 7', ZE i~ `lf .~~ZJ ~ ly4~ S~'~iaid--'- '...P.4Qb a~~d!t~ uo~laN SE ~~-~ .~ iF ,\. ~` 1 f~ ~ . _ ~ ~ .~rf~ .. , ~} , ~'` ;~~ ,,~,~' ' ( " i .; F JJ, '~ ~{ n V~ ~~ r~ ` ~ N~S~~N~ ' ' ~ P°?l 8L Poo uol o70f k 5~' ~`H' [.Z peoa ..1s~,+h u°gs~l~~ ~.~~ b ~S~TS ~ros~aN j, ~ T~ .~.yv1 .i ~,' o ` ~. o ~_ ~ ~1 ~~ L~., ~ ; \ pe°~ .. ~ os~~N ~ ~ I-~- \ _ ~ _ ~.~. ~ , _.~----- ~ / ~. •~ ,~ ~ ; ~~Z ot b6r ~I Ez ` ~.~ ,+' ;---~~Y};;~41 ~~ c~ _~_ ~ l ~ ~ ~ ~_.o~ ~~ '~ OZ'1 b~ ~ °r / ; ~',~;// ~ °a m Oa3~QNV"i~I OH7AlYb ,~ ..9t+ aeo21 ~ ,(u,hi{'3i}{ ~ f ! ~" aadds . --~ J'~':..~- ~ r ` ~ : ~, . 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U\ ~,~.* ,,. d"19t1S 3 ~ ~ ; t y i ~ i o~ , e ~e ~~s~~ ~~r i s oi b P~p ~ fun~ W r~ I.~,~ •s ~ as~p nd SnoH ~ ~ ~/~ I1 ; ~ ~^ a P~°2i s: ~ - 3MOd Q /~ ~~ 4 ~ ~ ° ' ~ !~ ~ S q a q p-~~aloiryo . ~•i~?1 ~ y`~ ~~ i, :~ '~ ~5°j0!i. Z ;l S q f Z E M ~ E ~~ l ddny~ `J °1?"ti' ~ S1 a° ~~~~` n H.7 di7 i.'~~a £ !'// :' ~~ ) Peo Aa~oo~,{ ~ ,~il ~ : . . .~ . ~ ~ p ~ ~ .~~~. ~ .. ~ _. y' ~ .,-. . ~ .._ ~ ' -. - „'~ ..__.... _. ._ . . ~ 1__ _ _~!!. _. _. .. sEaa~ ~s ~~~uea,~ , a~q~~ R~ ~~~~S - ~ ~ -. , ~. _.. EXHIBIT A EX~STYiVG FRANCf•IISE ' Tc7wnsh.ip 22 North Range 2 East , 5~ctions S, 6, 7, 8, 17, 18, 19, 20, 24, 30, 3~., 32 Tawnship 22 No~th Rar~ge 1 Eas~ Tc~mship 2J. North Range ]. East Sections 1., 2, 3, 4, 5, 6 Ta~mship 2~, North Range 2 Eas~ Secti.ons 5 , 6 j ~ . EKHIBIT ~ !~ ~ PROPOSED EXPANDID F~CH~S~ Townsha.p 23 North Range 1 £~.st Secta.on~ 26, 29, 30, 3I., 32, 33 Z'cn~r~sh9..p 23 North Rangs 2 East Sec~ions 25, 35, 36 Township 22 Nox~th Range•2 Eas~ Sectior-s 1, 2, 3, 4, 9, 1.0, I.1, ~2, ].3, ~.4, 15, 7.6, 2~. 22, 23, 2'1, 28 Ta~mship 21 North l~ange 3. Eas~ ~ ' Sections 3.2, 13, 2~, 25, 36 ' Tawnship 2]. North Range 2 East Sectiions 7~ 8r 17~ 18~ 19~ 20~ 21~ 28~ 29~ 3E3~ 3X~ 32