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HomeMy WebLinkAbout85-023RESOLUTION GRANTING A NON-EXCLUSIVE FRANCHISE FOR CABLE TELEVISION SERVICES TO THE UNINCORPORATED AREAS OF OROVILLE WHEREAS, Viacom Cablevision has applied for a non- exclusive franchise within the unincorporated areas of Oroville; and WHEREAS, this Board of Supervisors held a duly advertised public hearing on the question exclusive franchise to Viacom Cablevision described in Exhibit A, which is attached WHEREAS, this Board has decided Cablevision a non-exclusive franchise to within the aforedescribed area. of granting a non- for that area fully hereto; and to grant Viacom provide services NOW, THEREFORE, BE IT RESOLVED that the County of Butte hereby grants a nan-exclusive franchise for cable television services within the area described in the attached Exhibit A to Viacom Cablevision and pursuant to the franchise agreement attached hereto as Exhibit B. PASSED AND ADOPTED by the Butte County Board of Supervisors this 26th day of February 1985 by the following votes: AYES: Supervisors Dolan, Mclnturf, McT,aughlin and Chairman Fulton NOES: None ABSENT: Supervisor wheeler NOT VOTING: None '/ , L N FULTON, C airman utte County Board of Supervisors ATTEST: MARTIN J. NICHOLS, Chief Administrative Officer and Clerk to the Board of Supervisors _, ~... is Yrs.,.:4~ -.~ r11 that certai;i real properly situate in the County of 3utte, State of Caliio:,iia; deSCi;](:d as ioIIQLYS: SecCio~.s 1 to 3G, inclusive, is To:vnship 2fl ~larth, 8asl,e 3 East, JI. D, B, u :+3,, 5ectiorrs 1 to 36 inclusive, is Totans~'rip 2Q ~,Tortlt, Range ~l East, ;r't. D. S, ~ ;:I, , Sections ~ to 94 inclusive, lb to 21~ inclusive, 2Q to 33 inclusive in To;: slip ?U V'arth., n^artge S East, :t. 17. f3, v ;tii,, 5ection5 1 to li? inclusive, the Cast f;ai~ of Section Li, Sectiart iG to 21, i~~clusive, t1i~ ~orthLtiest cluarta of JCCi.io~: ~?o titC ~~JrthLYLSt C{Uar%er U~ SCl:tl~n 29, Section 3U and tide ;`iESt haxi O1 Section 31 in To.v :.isip 19 ~C'o'i tIi, Raa~~e 3 cast, 3i. D. >;, ~ tif. , Sectio:i 1 to Ul} i,~ io::ns;iip 19 :Vorih, 8ar~,~e ~ Last, :i, D. B, ~ .:i., Section 4 to 9 inclusive, ~CC%iQn lb t0 21, 1;:C1USiVe9 h~ t4 aJ, 1nCiCf5iV~^, in 'Farr:3S'rlip b'~ ~10i tii, Rape 7 LaSL, ~~i„ ~~ u. %}., Si:Ct10;i ~ to 9 1~1C~USIVC, S_G'.Ct10,n.1~a tD ~1 SitC1r151V-e. i.;~ .. .._ .__ ... . _ .._ ~-Ti:O,~S~lI7 itg 1FOrtft, Rane J Last, :,}, ~~ u, ~ ~7i.7 ~c'.Cti4;iS l %D ~-~ 1r1C1u51VE 1,1 ;.~,:~~ns;;i? i5 ,,\rortl~ Ra ge =1 past, ~:I, ~. E. ~ :rl, ; Sectio;~s 1 to 3 iaclirsivc, Sectior: lU to 13 inclusive, and Sections ?2 to 2~1 inclasivr; iyi,~; ::.ast of tf~e •~athe_- Liver as the sage existed :~arlust 1, 19G~1 in Tou~,~sl~ip 13 Vortlt, Ra,~,~;e 3 Last, .,. 1]. ir, :T 'a, rii: Lots and [31oc,tis; 3CCOi:di.iCJ to that certain ,~.a;~ entitled "Tiler::,allt4" ;~hic.i ,~ta~ :~~,s Liled in 'the attics of: t..4 Cou;+ty aecarder of the County of i3utte, State of ~'.dli~a~~lia, .1 i1~1C 3, 1397. ^,1 of South Tfivr,.:;:lito, accorc:~g :h_c~~ ~Ta,. ;aas tiled in the attice of ScatL ai uu:;torr.ia, :,lay 1,, 1339 in :::,°iLTi\'G T:1~LRE RU?ri all t;~at onrtion iou .rl.:ries of Uroville City i.i~its. Fiat certain ,;,a~ en tided "South Ti~crr~ai i ~r}" the Caunty Recorder of tae County of f3utto Volur~e 2 of ~,[aps, at pacle i_75. or the move descrif3tion dying with r ~i~~~~1T ir~~i EXHIBIT "B" AGREEMENT GRANTING TO VIACOM GABLEVISION OF NORTHERN CALIFORNIA, INC., A FRANCHISE TO OPERATE A COMMUNITY ANTENNA TELEVISION SYSTEM WHEREAS, VIACOM CABLEVISION OF NORTHERN CALIFORNIA, INC., has applied for a non-exclusive ranchise within the unincorporated areas of ~ and WHEREAS, the Butte County Board of Supervisors has decided to grant to VIACOM CABLEVISION OF NORTHERN CALLFORNIA INC., a non- exclusive franc ise to provi a ca a to evasion services within the areas described herein: NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: Section I. SHORT TITLE. This Agreement shall be known and may be cited as the "Community Antenna Television Franchise Agreement." Section 2. DEFINITIONS. For the purpose of this Agreement, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely .directory. A. Count The County of Butte, a political subdivision of the State of California. B. Area. The area as shown on Exhibit "A" attached hereto showing the boundaries of the Franchise. C. Communit Antenna Television S stem: "Community. Antenna Television System , ereina ter re erne to as `CATV system" or "system", means a system of coaxial cables or other electrical conductors and/or satellite transmission facilities, and other equip- ment used, or to be used primarily, but not exclusively to receive television or radio signals directly off-the-air or by satellite and transmit them to subscribers for a fee. D. Person: Any person, firm, partnership, association, corporation, company, or organization of any kind. E. Grantee: VIACOM CABLEVISION OF NORTHERN CALIFORNIA, INC., a California corporation, or anyone w o suttee s ~t, in actor ante with the provisions of the Franchise. --2- F. Converter: An electronic device which converts voltages or signals on one requency to voltages or signals on another frequency. G. Franchise: "Franchise" shall mean and include any authorization grantees ereun er in terms of a franchise, privilege, permit, license or other authorization to construct, operate and maintain a CATV system within all, or a specified area of, the County of Butte. Any such authorization, in whatever form granted, shall not be deemed to include any license or permit required for the privilege of transacting and carrying on a business within the County of Butte. H. Subscriber or User: Any person or entity receiving any service of the Grantee s CATV system including, but not limited to, the conventional broadcast signals, radio signals, Grantee's original cable-casting, and the local government, education and public access channels. "Subscriber or User" shall also mean any person receiving other services from Grantee's CATV system, such as leasing of channels, data and facsimile transmission, pay television, and police, fire, or similar public service communication. I. Re ular Subscriber Services. Includes the carriage of F.C.C. man ated an F.C.C. non-man ated broadcast signals but shall not include "ancillary" or "auxiliary" services, which include, but are not limited to, leased channels, and programming supplied an a per program or per channel charge basis, if any; but shall not include advertising services. J. Gross Subscriber Revenues. Any and all compensa- tion and other consi eration in any orm w atever and any contribution, grant or subsidy received by the Grantee, directly or indirectly, from subscribers or users, in payment for the transmission of electronic signals or the provision of other services received within unincor- porated areas of the County of Butte, including, but not limited to, compensation, other consideration, grants or subsidies received directly or indirectly from subscribers or users in payment for "pay television" signals received within unincorporated areas of the County; provided that gross subscriber revenues shall not include installation fees charged to any individual subscriber or user, any non entertainment services, copyright fees separately billed to subscribers or users, fees paid to 'program suppliers, refundable deposits on converters/ descramblers provided to subscribers or users, and any taxes on the services furnished by the grantee imposed directly on any user or subscriber by any county, state or other governmental unit and collected by the grantee for such governmental unit. The definition of gross subscriber revenues may be changed by the Board of Super- visors to reflect additional compensation and consideration which the grantee may receive from the use of public right-of-ways, but only after the Board has conducted a duly advertised public hearing concerning proposed changes. -3- Section 3. GRANT OF NONEXCLUSIVE AUTHORITY. A. There is hereby granted by the County of Butte to the Grantee, subject to the conditions and limitations contained herein, the right and privilege to construct, erect, operate and maintain in, upon, along, across, above, over and under the streets, alleys, easements, public ways and public places now laid out or dedicated, and all extensions thereof, and additions thereto, within the area, a CATV system for the transmission of television signals and other signals either separately, or.in conjunction with, any public utility maintaining the same in the area including all of the necessary and desirable appliances and appurtenances pertaining to a CATV system. Without limiting the generality of the foregoing, this grant shall and does hereby include the right in, over, under and upon the streets, sidewalks, alleys, easements and public grounds and places in the area to install, operate, erect or in any way acquire the use of, by leasing or licensing, all lines and equipment necessary to a CATV system and the right to make connections to subscribers and the right to repair, replace, enlarge and extend said lines, equipment and connections all subject to the conditions and limitations of this agreement. B. The right to use and occupy said streets, alleys, easements, public ways and places for the purposes herein set forth shall'not be exclusive, and County of Butte reserves the right to grant a similar use of said streets, alleys, easements, public ways and places, to any person at any time for any purpose (including other CATV system franchises) during the period of this Franchise. Section 4~. USE OF EXISTING POLE LINE FACILITIES. There is hereby granted to the Grantee the further right, privilege, and authority to lease, rent or in any other manner obtain the use of towers, poles, lines, cables and other equipment and facilities, from any and all other holders of public licenses and franchises within the limits of the area, and to use such towers, pales, lines, cables and other equipment and facilities, subject to all existing and future ordinances and regulations of the County of Butte, When and where pr acticable, the poles used for the Grantee's distribution system shall be those erected and maintained by Pacific Gas and Electric Company or Pacific Bell, provided that mutually satisfactory rental agreements can be entered into by the Grantee with said companies; otherwise, the Grantee may erect its own poles when and where required, subject to the approval of the County of Butte, The County of Butte may, at its discretion, withhold approval of the erection of the Grantee's own poles; however, if the Grantee is unable to utilize the poles of Pacific Gas and Electric Company and/or Pacific Bell, and if the County of Butte does not approve the Grantee's request to erect its own poles when and where so required, then the Grantee is hereby relieved of any and all obligations under this Franchise to provide service to any and -4- all areas beyond the point at which the Grantee is unable to obtain pole line facilities through joint pole agreements with Pacific Gas and Electric Company or Pacific Bell, or by means of the erection of the Grantee's own poles. The Grantee shall not be obligated to service areas to which it is unable to obtain pole line facilities located in a direct route to such areas and the Grantee is not required to erect or obtain the use of pole line facilities along an indirect or circuitous route, nor is the Grantee required to use underground conduits in areas where underground conduits are not in use, in order to supply service to these affected areas. In areas or locations where underground conduit is in use, or shall at some future date be used by either of the above named utility companies, the Grantee, by negotiation with said companies when and where practicable, will join in the use of underground facilities provided mutually satisfactory agreements can be entered into with said companies, otherwise the Grantee may install its own underground conduit and facilities subject to the approval of the Butte County Public Works Department. Section 5. DURATION. This Franchise shall continue in force for a period of twenty {20) years, unless earlier forfeited pursuant to Section 22, and upon the expiration thereof may be renewed pursuant to the terms and conditions set Forth in Section 5. Section 5. RENEWAL PROCEDURE. Grantee shall have the option to request renewal of this Franchise for an additional period not to exceed twenty (20) years. Should Grantee desire to exercise this option, it shall so notify the County of Butte, in writing, not less than nine (9) months prior to expiration of this Franchise. Upon exercise of this option by Grantee, the County of Butte shall conduct a full, open and public hearing on the renewal after prior notice and with an opportunity of all ynterested parties to be heard. The hearing on the renewal shall be held for the sole purpose of considering the performance of Grantee under this Franchise and~any other factors deemed relevant in determining whether to renew this Franchise. Renewal sha11 not be unreasonably denied. If this Franchise is renewed by the County of Butte, all of the Germs and provisions contained herein shall be controlling during the renewal period, except to the extent that said terms and provisions are modified by the County of Butte, or unless this Franchise is superseded by a new Franchise. Should the County of Butte, for any reason, be unable to complete the renewal proceeding prior to expiration of this Franchise, Grantee shall have the right to continue operation of its CATV system pursuant to the terms of this Franchise until such time as the renewal proceeding is concluded. Should the County of Butte deny renewal of this Franchise, such denial shall be accompanied by a written statement setting forth the reasons for denial. In the event that the Count of Butte denies renewal, Grantee shall be afforded a period of six {6~ months following denial within. -S- '. which to attempt to sell, transfer or convey its CATV system to a qualified purchaser, subject to the approval of the County of Butte, at fair market value, During this six (6) month period, Grantee shall have the right to operate this CATV system pursuant to the terms of this Franchise. If Grantee is unable to sell, transfer, or convey its CATV system within the period permitted, the Grantee shall remove from the streets and from all public places all such property and poles in accordance with Section 2S. Section 7. TERRITORIAL AREA INVOLVED. This Franchise relates to the area shown on Exhibit A attached hereto, and to any area henceforth added thereto during the term of this Franchise. Section 8. SYSTEM CONSTR~lCTION AND DESCRIPTION. A. The Grantee's transmission and distribution system, poles, wires and appurtenances shall be located, erected and maintained so as not to endanger or interfere with the lives of persons, or to interfere with new improvements the County of Butte may deem proper to make, or to unnecessarily hinder or obstruct the free use of the streets, alleys, bridges or other public property; removal of poles to avoid such interference will be at the Grantee s expense. No transmission and distribution poles, wires and appurtenances and no towers or other structures shall be located, constructed, erected or maintained within the area until and unless the nature and locations of such poles, wires, appurtenances, towers and/ar other structures have been approved by the County of Butte in advance of their location, GollstrL.lCtion, erection Or maintenance. B. All installations of equipment shall be durable, and installed in accordance with good engineering practice, and of sufficient height to comply with all existing Butte County regulations, ordinances and state laws and so as not to interfere in any manner with the right of the public. or any individual property owner, and shall not interfere with the travel and use of public places by the public and during the construction, repair or removal thereof, shall not obstruct or impede traffic. C. In the maintenance and operation of its television transmission and distribution system in the streets, alleys and other public places, and in the course of any new construction or addition to its facilities, the Company shall proceed so as to cause the least possible inconvenience to the general public; any opening or obstruc- tion in the streets or other public places made by the Grantee in the course of its operation shall be guarded and protected at all tunes by the placement of adequate barriers, fences ox boardings, the bounds of which, during periods of dusk and darkness, shall be clearly designated by red warning lights. -6- D. It is the stated intention of the County of Butte that all other holders of public licenses and franchises within the limits of the County of Butte shall cooperate with the Grantee to allow the Grantee's joint usage of their poles and pole line facilities wherever possible or wherever such usage does not interfere with the normal operation of said pales and pole lines so that the number of new or additional poles constructed by the Grantee within the County of Butte may be minimized. Such cooperation shall include the rights of joint usage at reasonable rates and on reasonable terms. E. The Grantee shall grant to the County of Butte, free of expense, joint use of any and all poles owned by it for any proper municipal purpose acceptable to the Grantee, insofar as it may be done without interfering with the free use and enjoyment of the Grantee's own wires and provided that all such joint use shall be in full compliance with all rules, regulations, requirements and conditions of the Grantee and provided that it shall be in accordance with the provisions of the National Electrical Safety Code prepared by the National Bureau of Standards, and the National Electrical Code of the National Board of Fire Underwriters affecting electrical installations which may be presently in effect or future changes thereto. Section 9. FAITHFUL PERFORMANCE BOND. The Grantee shall, concurrently with the granting of an acceptance of award of any franchise granted under this agreement, file with the Clerk of the Board of Supervisors and at all times thereafter maintain in full force and effect for the term of such franchise, at the Grantee's sole expense, a corporate surety bond, in a company approved by and in a form to be approved by the Butte County Counsel, in the minimum amount of Ten Thousand Dollars ($10,000), continuous in form and conditioned upon the faithful performance by the Grantee of all the terms and conditions of the franchise granted and the provisions of this agreement and, further, in the event the Grantee shall fail to comply with any one or more of the provisions of this ordinance, there shall be recoverable jointly and severally from the principal and surety of such bond any damages or loss suffered by-the County of Butte as a result thereof, including the full amount of any compen- sation, indemnification or cost of removal or abandonment of any property of the Grantee as prescribed hereby which may be in default, plus a reasonable allowance for attorney's fees and costs up to the full amount of the bond, such condition to be a continuing obligation for the duration of such franchise and thereafter until the Grantee has liquidated all of its obligations with the County of Butte that may have arisen from the acceptance of such franchise by the Grantee or from its exercise of any privilege herein granted. The bond shall provide that thirty (30) day s prior written notice of intention not to renew, cancellation or material change be given to the County of Butte. -7- ~. The Board of Supervisors shall have the authority at any time during the term of the franchise to require the amount of such bond to be increased to a greater sum than the minimum sum herein provided, not exceeding the sum of Twenty-five Thousand Dollars ($25,000), if, in the exercise of its discretion as determined by resolution, such increase is required for the better protection of the rights and interests of the County of Butte. Such additional bond, if so required, shall be furnished and delivered by the Grantee to the County of Butte within thirty {30) days from the receipt by the Grantee of a copy of such resolution. Neither the provisions of this section, any bond accepted by the County of Butte pursuant thereto nor any damages recovered by the County of Butte thereunder shall be construed to excuse faithful performance by the Grantee nor limit the liability of the Grantee under such franchise or for damages, either to the full amount of the bond or otherwise. Section l0. INDEMNIFICATION AND LIABILITY. The Grantee shall be an independent contractor and shall not be deemed the agent or employee of the County of Butte. The Grantee shall. indemnify, protect, defend and save harmless the County of Butte, its boards, commissions, agents and employees from and against losses and physical damages to property, and bodily injury or death to persons, including payments made under any Worker's Compensation Law, which may arise out of the Grantee's maintenance or operation of a CATV system in the County of Butte. The Grantee shall carry insurance to protect the parties hereto from and against all claims, demands, actions, judgments, costs, expenses and liabilities which may arise or result, directly or indirectly, from or by reason of any such claim, loss, injury or damage. The amounts of such insurance against liability due to physical damages to property shall not be less than One Hundred Thousand Dollars ($100,000), as to any one accident and not less than Five Hundred Thousand Dollars ($500,000) aggregate in any single policy year; and against liability due to bodily injury or to death of persons, not less than Five Hundred Thousand Dollars ($500,000), as tc~ any one person, and no less than One Million Dollars ($1,000,000) as to any one accident. The Grantee shall also carry such insurance as is required by law to protect it from all claims under the Worker's Compensation Laws in effect that may be applicable to the Grantee. All insurance required by this ordinance shall be, and remain in full force and effect, for the entire life of Grantee's rights hereunder, shall name the County of Butte as an additional. insured, and shall contain a provision that a written notice of any cancellation or reduction in coverage shall be delivered to the County of Butte not less than ten (l0) days in advance of the effective date thereof. Said policy or policies of insurance or a certified copy or copies thereof shall be filed with the County of Butte. The Grantee will repair and landscape any damage to any area resident's home or property caused by its installation or maintenance of equipment. -$- Such property shall be repaired or replaced by the Grantee at its discretion. The County of Butte shall notify the Grantee in writing, within ten (l0) days after the presentation of any claim or demand, either by suit or otherwise, made against the county of Butte which appeaxs to arise out of Grantee's actions or failure to act. Where any such claim or demand made against the County of Butte is made by suit or other legal action, County of Butte shall gave written notice to the Grantee. Section ll. CONDITIONS ON STREET OCCUPANCY. A. All transmissions and distribution structures, lines and equipment erected by the Grantee within the County of Butte shall be so located as to cause minimum interference with the proper use of streets, alleys, easements and other public ways and places, and to cause minimum interference with the rights and reasonable convenience of property owners whose property adjoins any of the said streets, alleys or other public ways and places, B. In case of the disturbance of any street, sidewalk, alley, public way or paved area by the Grantee, the Grantee shall restore the area disturbed to as good a condition as before the work creating such disturbance was done. C. If at any time during the period of this Franchise the County of Butte shall lawfully elect to alter or change the grade of ariy street, sidewalk, alley or other public way, the Grantee after reasonable notice by the County of Butte, shall remove, relay and relocate its poles, wires, cables, underground conduits, manholes and other fixtures at its own expense; provided, however, that where public fund or funds from property owners are available for such relocation pursuant to law, Grantee shall: not be required to pay the cost. D. Any pales or other fixtures placed in any public way by the Grantee shall be placed in such manner as not to interfere with the usual travel on such public way, or to, in any way, endanger users of such public way. E. The Grantee shall, on the request of any pe-r son holding a building moving permit issued by the County of Butte, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting the same, and the Grantee shall have the authority to require such payment in advance. The Grantee shall be given not less than forty eight (4$) hours advance notice to arrange for such temporary wire changes. -9- F. The Grantee shall have the authority to trim overhanging trees upon the streets, alleys, sidewalks and public ways and places of the area so as to prevent the branches of such trees from coming in contact with the facilities of Grantee, but shall in all respects comply with the County of Butte's ordinances, rules and regulations regarding tree cutting and removal. G. in all areas of the County of Butte where the cables, wires or other like facilities of public utilities are placed underground, the Grantee shall place its cables, wires or other facilities underground to the maximum extent that existing technology reasonably permits the Grantee to do so. Section 1,2. COMPLAINT PROCEDURE. The Grantee shah. maintain a business office in the County of Butte for the purpose of receiving inquiries and complaints from its customers and the general public. Grantee shall investigate all complaints within ten {l0} business days of their receipt and shall in good faith attempt to resolve them swiftly and equitably. Grantee's CATV system shall be installed, maintained and operated in accordance with the highest and best standards. carried out in the industry. Section I3, OPERATION AND MAINTENANCE OF SYSTEM. The Grantee shall render efficient service, make repairs promptly and interrupt service only for good cause and for the shortest time possible. Such interruptions insofar as possible shall be preceded b y notice and shall occur during periods of minimum use of the system. Section 14~. PREFERENTIAL OR DISCRIMINATORY PRACTICES PROHIBITED. Grantee shall not, as to rates, charges, services, facilities, rules, regulations or in any other respect make or grant any undue preference or advantage to any person, nor subject any person to any undue prejudice or disadvantage. Section l5. FEE. The franchise fee shall be five percent (5°/a) of gross subscriber revenues as defined by Section 2{J); however, after the ten-year anniversary of this agreement the Board of Supervisors may, after a public hewing, adjust the franchise fee to the percentage of gross subscriber revenues as defined by then current Federal Law. The determination of the fee and the method of computation shall be with reference to the law as it exists at the time of any given determination or computation. Grantee shall pay to the County of Butte said fee quarterly within thirty (30) days following the last day of each March, June, September and December, and shall be computed on the basis of such revenues received during the preceding three (3) month period. The Grantee shall file with the Butte County Auditor within ninety (90) days after the expiration of each fiscal year a statement prepared by a licensed public accountant showing in detail the total gross subscriber revenues, as defined herein, for the preceding fiscal year and shall include any other information necessary to compute the fee. For the purposes of this section the term "fiscal year" as herein used shall mean the fiscal year established by the Grantee for tax purposes within the meaning of the Internal Revenue Code. -lo- Section 16. FREE INSTALLATIONS AND SERVICE. A. Grantee shall, at no cost, make one installation at the following locations, if located within two hundred (200} feet of Grantee's facilities: (1) All public and non-profit private schools, colleges and universities; (2} All police and fire stations; (3} All public libraries. This obligation shall be standard installation at a single point convenient to use and shall not require building. The County of Butte, school, may elect to have the building wired by required to pay Grantee the reasonable limited to making one (1} on the premises reasonably the wiring of an entire college, university or library the Grantee, but shall be cost of doing this work. B. Grantee shall furnish regular subscriber services free of charge to the following locations: (1) All public schools and non-profit private schools, colleges and universities; (2} All police and fire stations; and (3) All public libraries. C. In the event service calls or repairs are required for any location as to which installation or service is rendered without charge, Grantee shall be entitled to fair and reasonable charge for any repairs other than-:those necessary to effect delivery of signal to a single point on -the premises reasonably convenient to use. Section 17. EMERGENCY USE OF FACILITIES. In the case of any emergency or disaster, the Grantee shall, upon request of the Board of Supervisors, make available its facilities to the County of Butte for emergency use during the emergency or disaster period. Section 18. MODIFICATIONS. Any modification of the provisions of the rules and regulations of the Federal Communications Commission or the Communications Act of 1934 resulting from amendment by the Federal Communications Commission or Act of Congress shall be incorporated into the franchise within one (1) year of adoption of the modification or at the time of franchise renewal, whichever occurs first. -11~ Section l9. ABANDONMENT. The Grantee shall not abandon the system during.-the effective period of this Franchise without the prior consent of the Board of Supervisors. Section 20. TRANSFER AND CHANGE OF CONTROL. All of the rights and privileges and all of the obligations, duties and liabilities created by this Franchise shall pass to and be binding upon the successors and assigns of the Grantee; and the same shall not be sold, assigned, transferred, leased, or otherwise disposed of in whole or in part, either by forced or involuntary sale or otherwise without the prior consent of the County of Butte embodied in a resolution of-the Board of Supervisors and then only upon such terms and conditions as may be therein prescribed, provided, however, that this section shall not prevent the assignment of the Franchise by Grantee as security for debt without such approval; and provided further that transfers or assignments of this Franchise between any parent and subsidiary corporation or between entities of which at least fifty percent {50°°/0) of the beneficial ownership is held by the same person, persons or entities or transfers of a fractional interest in the Grantee as between the present shareholders shall be permitted without the prior approval of the County of Butte. the consent of the County of Butte to a transfer may not be arbitrarily withheld; provided however any transferee must show financial responsibility satisfactory to the County of Butte. Section 2l. FORFEITURE. If the Grantee should violate any of the terms, conditions or provisions of this Franchise or if ,the Grantee should fail to comply with any reasonable provisions of any ordinance of the County of Butte regulating the use by the Grantee of the streets, alleys, easements or public ways of the County of Butte, and should the Grantee further continue to violate or fail to comply or to commence compliance and diligently prosecute to completion compliance with the same for a period of thirty (30) days after the Grantee shall have been notified in writing by the County of Butte to cease and desist from any such violation or failure to comply so specified, or in the event any material provision of this agreement or any material provision of any franchise issued pursuant to this agreement has become illegal or is held invalid or unenforceable, then the County of Butte shall have the right to declare all rights and privileges granted by this Franchise to be forfeited; provided that such forfeiture shall be declared only by written decision of the Board of Supervisors after an appropriate public hearing before the Board of Supervisors affording the Grantee due process and full opportunity to be heard and to respond to any such notice of violation or failure to comply; and provided further that the County of Butte may, in its discretion and upon a finding of violation of failure to comply, impose a lesser penalty than forfeiture of this Franchise or excuse the violation or failure to comply upon a showing by the Grantee of mitigating circumstances. In the event that forfeiture is imposed upon the Grantee, it shall be afforded a six (6) month -lz- period within which to sell, transfer or convey its cable television system to a qualified purchaser at fair market value, Duri-ng this period the Grantee shall have the right to operate this cable tele-- vision system pursuant to the provisions of the Franchise. Tf the Grantee is unable to sell, transfer, ar convey its CATV system, the Grantee shall commence the removal from the streets and all public places of all such property and poles in accordance with Section 25. Section 22. SAFETY REQUIREMENTS. A. The Grantee shall at all times employ ordinary care and shall install and maintain in use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries or nuisances to the public. B. The Grantee shall install and maintain its wires, cables, fixtures and other equipment in accordance with the requirements of state and national electrical codes, and in such manner that they will not interfere with any installa- tions of the County of Butte or of a public utility serving the County of Butte. C. A11 structures and all lines, equipment and connec- tions in, over, under and upon the streets, sidewalks, alleys and public ways or places of the area, wherever situated or located, shall at all times be kept and maintained in a safe, suitable, substantial condition and in good order and repair. Section 23. ADDITIONAL REGULATIONS. The County of Butte reserves the right to adopt, in addition to the provisions included in this Franchise and in all existing applicable agreements, such additional regulations as it shall find necessary in the exercise of its police power, provided, however, that such regulations are reasonable and not materially in conflict with the privileges granted by this Franchise and provided that the Company's reasonable commercial expectations are not diminished thereby. Section 24~. REMOVAL OF APPARATUS. In the event that the use of any part of the CATV system is discontinued for any reason for a continuous period of twelve (12) months or in the event such system or property has been installed in any street or public place without complying with the requirements of, its franchise or the franchise has been terminated, 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 whick~ the County of Butte, may permit to be abandoned in place. Tn the event of any such removal, the Grantee shall promptly restore the street or other area from which such property has been removed to a condition satisfactory to the County of Butte. -13- -- Any property of the Grantee to be abandoned in place shall be abandoned in such manner as the County of Butte shall prescribe, which direction shall be given by the County of Butte within ten {l0} business days-from the date of receipt of notice from the Grantee of intention to abandon. Upon permanent abandonment of the property of the Grantee in place, the Grantee shall submit to the County of Butte an instrument to be approved by the Butte County Counsel, transferring to the County of Butte the ownership of such property. Section 25. SEPARABILITY. The County of Butte and the Grantee designate no provisions of this Franchise as being material to the force and effect of the remaining provisions of this Franchise. If any section, sentence, clause or phrase of the agreement is for any reason held illegal, invalid or unconstitutional such invalidity shall not effect--the validity of the agreement. Section 2b. SURRENDER RIGHTS. Grantee may surrender this Franchise at any time upon filing with the Clerk of the Board of Supervisors a written notice of its intention to do so at least six {5) months before the surrender date. On the surrender date specified in the notice, all of the rights and privileges and all of the obliga- tions, duties and liabilities of Grantee in connection with the Franchise shall terminate; provided the Grantee shall remove from the streets and public places all such property and poles in accordance with Section 25 before the faithful performance bond required under Section 9 is released. Section 27. POSSESSORY INTEREST, Grantee has been notified that it is the position of the County of Butte that this agreement may create a possessory interest ,subject to property taxation and that the Grantee may be subject to payment of property taxes upon such interest. Notwithstanding such notification, Grantee reserves its right to challenge any imposition of property taxes based upon execution or performance of this agreement by Grantee. DATED : March 29 , l 9 $ 5 GRANTEE ,~ ~ By y Joh W, Goddard, President COUNTY OF B ATE DATED: ,J , l9$5 By --~~ EN ULT , airman o t e Butte County Board of Supervisors ATTEST: MARTIN J. NiCHOLS, Chief Administrative Officer and Clerk of the Board By ~] 4- APPROVED A5 TO FORM: DELBERT M. 5IEM5EN Butte County Counsel APPROVED A5 TO B~IDGETARY ANb FISCAL CONTROL JAMES L. JOHANSEN Butte County Auditor BY BY Resalufion No. 90_1G RESOLUTION TO ELIMINATE THE NEED FOR TWO SEPARATE FRANCHISE DOCUMENTS FOR VIAGOM CABLEVISION WHEREAS, pursuant to Resolution No. 85-23, adopted by the Butte County Board of Supervisors on February 26, 1985, Viacom Cablevision of Northern California, Inc. ("Viacom") was granted a non-exclusive franchise to construct and operate a cable television system within the unincorporated area of Butte County which surrounds the City of Oroville, and WHEREAS, pursuant to Resolution No. 77-64, adopted by the Butte County Board of Supervisors on April 12, 1977, Viacom also provides cable television service to the unincorporated area of Butte County surrounding the Towns of Biggs and Gridley; and WHEREAS, the Board finds it in the best interest of the County for administrative purposes to eliminate the need for two separate franchise documents by revoking Resolution No. 77-64 and adding the territory covered by such Resolution to Resolution No. 85-23. NOW, THEREFORE, BE IT RESOLVED by the County of Butte as follows: 1. Resolution No. 77-64 is hereby revoked in its entirety, and the cable television franchise granted under such resolution shall be governed under the terms of Exhibit "B" to Resolution No. 85-23, as amended below. 2. The fourth paragraph of Resolution No. 85-23 is hereby amended to read in full as follows: 1'NOW, THEREFORE, BE IT RESOLVED that the County of Butte hereby grants a non-exclusive franchise for cable television services within the unincorporated area surrounding the City of Oroville and as described in the attached Exhibit `A' (consisting of a one page legal description and a one page map) and within the -2- unincorporated area surrounding the City of Biggs and the City of Gridley as described in attached Exhibit `A1' (consisting of a one page map) to Viacom Cablevision of Northern California, Inc., and pursuant to the franchise agreement attached hereto as Exhibit 'B'." 3. Section 2.B of Exhibit "B" to Resolution No. 85-23 is hereby amended to read in full as follows: "The areas as shown on Exhibit 'A' and Exhibit `A1' attached hereto showing the boundaries of the franchise." 4. Section 4 of Exhibit "B" to Resolution No. 85-23 is hereby amended to read in full as follows: "This franchise relates to the areas shown on Exhibit `A' and Exhibit 'A1' attached hereto, and to any area henceforth added thereto during the term of this franchise." 5. Exhibit "A1", attached hereto, shall be added as an exhibit to Resolution No. 85-23, and to Exhibit "B" to such Resolution. PASSED AND ADOPTED by the Butte County Board of Supervisors this 23rd day of October, 1990 by the following vote: AYES: Supervisors P1cInturf, Dolan and Chairman McLaughlin NOES: None ABSENT: Supervisors Vercruse and Fulton NOT VOTING: None r ~-o~ ~~ u ED MCLAUGHLIN, Chair, Butte County Board of Supervisors ATTEST: WILLIAM H. 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