HomeMy WebLinkAboutRESOLUTIONS - 07121994 - 94-368 THE BOARD OF SUPERVISORS
OF
CONTRA COSTA COUNTY, CALIFORNIA
SUBJECT: Granting a Cable RESOLUTION NO. 94/368
Television License to (C.C.C. Ord. C. 58-2 . 002ff
Tele-Vue Systems, Inc. (Ord. No. 93-55) and
dba Viacom Cable Govt. C. 53066)
The Board of Supervisors of Contra Costa County RESOLVES that:
1 . License and Area. There is hereby granted to Tele-Vue Systems,
Inc. doing business as Viacom Cable a nonexclusive license pursuant to Contra
Costa County Ordinance No. 93-55 to establish, construct, operate and
maintain a cable system within the unincorporated areas described and
delineated on the map filed with the application dated November 15, 1993 for
this license, which application constitutes and forms part of this license as
granted. (Sections 58-4 . 002, 58-4 . 006 and 58-4 . 018)
2 . Term. This license is granted for a term of ten ( 10) years
following the date of acceptance hereof by grantee subject to all terms and
conditions of Ordinance No. 93-55 . (Section 58-4 . 010)
3 . Fee. The initial license fee for this nonexclusive license is five
percent (5%) of the grantee' s gross annual receipts . The license fee shall
be payable semi-annually within sixty (60) days of each January 1 and July 1 .
(Section 58-6 . 002)
4 . Bonds . A performance bond in the initial principal amount of
$25, 000 shall be filed by the grantee. At least thirty (30) days prior to
the commencement of major construction, the grantee shall file a construction
plan and a construction bond in the amount of $15,000. (Sections 58-6 .004,
58-6 . 006 and 58-10. 008)
5 . Required Channel Capacity. During the license term, the County
reserves the right to require the grantee to negotiate a mutually acceptable
agreement with the County to make operational the data/video return or two-
way communication capability of the cable system. (Section 58-12 .006)
6 . Expansion of License Area. As a part of its renewal application,
the grantee has applied for an expansion of its license area to include
certain areas not included within the grantee' s existing license area. The
grantee presently maintains a business office in Livermore, California, which
location does not comply with the requirements of Section 58-14 . 006 . The
requested expansion of license area is approved on the condition that the
grantee shall comply fully with Section 58-14 .006 before serving subscribers
within any part of the expanded area. (Sections 58-4 .024 and 58-14 .006)
7 . PEG Channels and Facilities. The grantee has previously executed
an Agreement for the Delivery of Access Programming in Contra Costa County
( "Access Agreement" ) dated July 20, 1993. As a result of technological and
regulatory changes, the grantee has requested that certain provisions of the
Access Agreement be modified to accommodate the grantee's operations. The
grantee' s application for renewal is approved on the condition that, before
the renewal shall become effective, the grantee shall enter into an amendment
to the Access Agreement on terms acceptable to the County. (Sections 58-
12 .008 and 58-12 . 010)
8. Effective Date and Acceptance. The license granted herein shall
become effective when the grantee has executed the written amendment referred
to in Section 7, has filed in a timely manner its written acceptance of this
license and its agreement to be bound by and comply with all of the
requirements of Ordinance No. 93-55, as amended from time to time, and has
delivered to the Clerk of the Board of Supervisors the bond and insurance
policies required to be furnished. (Sections 58-4 . 012, 58-4 . 014, 58-6 . 004
and 58-6 . 008)
I hereby certify that this is a true and correct copy of
an action taken and entered on the minutes Of the
Board of Supervisors on the date shown.
ATTESTED: 9
PHIL BA HEL R,Cie rk of the Board
of Supervisors and County Administrator
cc: CAO Cable TV Administrator Deputv
Viacom Cable By
RESOLUTION NO. 94/ 368