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HomeMy WebLinkAboutMINUTES - 06201989 - 1.58 TO: Board of Supervisors - FROM: Phil Batchelor, County Administrator -_ - DATE: June 15, 1989 �03p'4-COU11'C't SUBJECT: Resolution 82/781 - Deletion of Condition #8 Specific Request(s) or Recommendations(s) & Background & Justification RECOMMENDATION: Delete condition number 8 from Resolution No. 82/781 (Attached) so that the Mid-West (Ponderosa) Cable Franchise does not require service to the Blackhawk area. FINANCIAL IMPACT: None. The Blackhawk area is currently served by Televents,not Ponderosa Cable. The County receives franchise fees from Televents for this area. BACKGROUND: In a letter dated April 24, 1989,Ponderosa Cable Systems requested deletion of condition#8 from Resolution 82/ 781. Condition#8 states: "This license is granted under the terms and conditions that Grantee will provide service within ninety(90) days to those residents of the Blackhawk area should there be need for emergency service, six (6)months to the entire Blackhawk-area and two (2) years for the entire license area." County Ordinance No. 82-28, Chapter 58-4.006 prohibits a cable company from entering private property for purposes of operating or providing a Cable TV system without the express consent of the owner. Ponderosa has been denied permission to install cable along the private roads of Blackhawk. Therefore,it cannot provide service in Blackhawk. Televents, Inc., also franchised in that area, is currently serving the residents of Blackhawk. Continued on attachment: Zyes Signature: Recommendation of County Administrator Recommendation of Board Committee Approve Other: n I Signature(s): Action of Board on: JUN 2 n '►g$g Approved as Recommended Jc Other Vote of Supervisors I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN C Unanimous (Absent ) AND ENTERED ON THE MINUTES OF THE Ayes: Noes: BOARD OF SUPERVISORS ON DATE SHOWN. Absent: Abstain: JUN 2 0 1989 Attested Orig. Div.: Phil Batchelor, Clerk of the Board cc: of Supervisors and County Administrator By � l-Zr-� —,Deputy Clerk PB:eh(ponderbo) THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on July 6• 1982 , by the following vote: AYES: Supervisor Powers, Fanden, Schroder, Torlakson and McPeak NOES: None ABSENT: None ABSTAIN: None SUBJECT: Granting a CATV License to RESCLUTION NO. 82/781 Mid-West Communications, Inc. (C.C.C. Ord.C.58-2.002ff (Ord. 82-28) & Govt. C. 53066) The Board of Supervisors of Contra Costa County RESQ_VES THAT: 1 . License and Area. There is hereby granted to Mid-West Communi- cations, Inc., 1716 Ygnacio Valley Road, Suite 21, Walnut Creek , CA 94598 a non-exclusive license pursuant to Contra Costa County Ordinance No. 82-28 to construct, operate and maintain a Cable Television System within the unincorporated areas described and delineated on the map filed with the application dated April 1, 1981 and modified as per letter dated August 20, 1981, for this license , which application constitutes and forms part of this license as granted. (Subsections 58-2.028, 58-2.030 & 58-12.004. ) 2 . Term. This license i s granted f or a term of f ifteen ( 15) years following theme of acceptance hereof by grantee Mid-West Communications, Inc. , subject to all terms and conditions of Ordinance No. 82-28. (Subsection 58-4.008. ) 3 . Fee. The licensee fee for this non-exclusive license is three (3) percent of the grantee's annual gross receipts . ( Subsections 58-2.022 & 58-4.010. ) 4. Bonds. Maintenance and Constructions Bonds shall be filed by grantee in the following amounts: a . Maintenance - $25,000 (Subsection 58-10.006. ) b . Construction - $15,000 (Subsection 58-10.008. ) 5. Rates. Approved initial basic subscriber rates for grantee' s services shall be in accordance with the rates contained in Mid-West Communications , Inc. , license application dated August 20, 1981 and letter dated May 10, 1982. (Subsection 58-10.016.) 6. Condition. The CATV system herein licensed shall be used and operated solely and exclusively for the purpose expressly authorized by ordinance by the County of Contra Costa and no other purpose whatsoever. (Subsection 58-4.012. ) 7. Effective Date & Acceptance. The license granted herein shall become effective when the grantee has filed in a 'timely manner its written acceptance of thi s 1 i cense, and i is agreement to be bound by and comply with all of the requirements of Ordinance 82-28 and delivers to this County the bonds and insurance pol ici es required to be furnished , all pursuant to the provisions of said Ordinance No. 82-28 (Ord. C. Div. 58. ) (Subsections 58-4.016 and 58-4.018. ) 8. This license i s granted under the terms and conditions that grantee will provide service within ninety (90) days to those residents of the Blackhawk area should there be need for emergency service, six (6) months to the entire Blackhawk area, and two (2) years for the entire license area . 1 hereby certify that this Is a true and correct copy of an action takon and entered on the minutes of the Ori g. Dept. vNbl i c Works Admi ni str ati ve Servi ces Board of eupervlroro on tiro sato aho". cc: Mid-West Communications, Inc . ATTESTED: JUL 6 1982 J.R. DLa,141 COUNTY CLERK and ex alficlo Clerk of the Board By- ,Deputy RESOLUTION NO. 82/781