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Home My WebLink About1972-09-05; City Council; 860; Community Antenna Television System InstallationTHE CITY OF CARLSBAD, CALIFORNIA Agenda Bill Mo.September 5, Referred To: 19 72 Subject: Community Antenna Television System (CATV) Installation for Carlsbad Tracts 72-2 5- 72-23 Submitted By. Public Works Director Statement of the Matter Carlsbad Cable TV has requested authorization to install underground TV facilities within the public rights of way in the subject tracts. An outline of-the work proposed is included in their letter attached as exhibit 2. This appears to be good planning and is in accordance with the requirements which we have been placing on recent tentative maps. Adequate provisions for completion of the work, by bonding, and for holding the City harmless in case of liability claims should be required. Exhibit Exhibit 1 Exhibit 2 Carlsbad Cable TV letter to City Counsel dated 8-5-1972, Temporary License Agreement - City of Carlsbad and Carlsbad Cable TV, Inc. as prepared and submitted by City Attorney. Staff Recommendations Adopt a motion authorizing the City Attorney to draft an interim agreement authorizing Carlsbad Cable TV to install distribution facilities within the public right of way subject to such conditions •** may be imposed by the City Engineer and City Attorney.as 10-3-72 A motion is needed to approve agreement and authorize the Mayor to execute said document. c NO Date: September 5, 1972 City Manager's Recommendation Concur* with the condition that this application be considered" after Council has considered recommended Cable Television/Community Antenna. Policy. If Council defers or delays action o-n recommended policy, then recommend this .application also be deferred. Counci1'Action • • 9-5-72 The City Attorney was instructed to prepare an agreement between the City of Carlsbad and Carlsbad Cable TV to 'install distribution facilities for Carlsbad Tracts 72-2 and 72-23(Financial Scene). -2- Carlsbad Cable T.V. 3018 Howard Ave. San Diego, California 92104 August 5,- 1972 The Honorable Mayor and City Council of the City of Carlsbad City Administration Building Carlsbad, California Re: Community Antenna Television System (c.A.T.V.) Standards for Altarriira Garden Homes Gentlemen: Carlsbad Cable T.V. is currently engaged in the construction of an on-site C.A.T.V. in the South Carlsbad area. A description and nan of the boundaries and location of the proposed system is filed herewith as Exhibit A, together with the proposed System Standards, meeting all current Federal Communications Commission requirements, as Exhibit 3. Carlnbad Cable T.V. is wholly owned by Design Electronics, Inc. (dba San Diego Antenna Systens), a California Corporation. j t The entire area to be served is owned by Financial Scene, Pacific Scene, Inc. and will be developed in an orderly manner. Each section of the development will be. care- fully master planned prior to comrifincenient of any construction. The City of Carlsbad's policy of having all utilities placed underground is being followed. Deed restrictions will be placed on the various units being developed prohibiting individual antennas in order to forestall an unsightly skyline. Carlsbad Cable T.V. will contract with appli- cant to furnish full community antenna and cable service to all homes, apartments, ana businesses in the various portions of the area as they are developed. The directors of Carlsbad Cable T.V. have enjoyed a fine reputation for over 20 years in San Diego County being involved in the design, construction, and maintanance operations of C.A.T.V. Plant extensions for both Mission Cable T.V., Inc. and South West Cable T.V., Inc., the two largest system operators in San Diego County. Their new construction company, San Diego Antenna Systems, is currently engaged in building an on- site C.A.T.V. Cable plant extension and distribution system in the Hancho Bernardo area for the Time-Life owned system. This extension will comply with all the new rules as laid down by the F.C.C. on March 31, 19?2. Suitable antenna sites will be developed to service the community antenna system in the prpposed area. Exhibit 1 ""*>:. >«•< TEMPORARY LICENSE AGREEMENT CITY OF CARLSBAD AND CARLSBAD CABLE-TV, INC. THIS AGREEMENT is made between the City of Carlsbad, California, herein sometimes called "City'1 and Carlsbad Cable-TV, Inc., a California corporation herein called "Cable Company". WHEREAS, Cable Company has contracted with Financial Scene, Inc., developer of the Alta Mira housing project located on portions of La Costa Downs Unit #1, Map No. 2013, filed in the Office of the County Recorder of San Diego County, California, on June 9, 1972 and oortions of fractional sections of 20 and 21, Township 12S, Range 4W. San Bernardino Base and Meridian in the City of Carlsbad, County of San Diego, State of California, for construction, operation and maintenance of a CATV system in said project, which system shall be owned-by the cable company, and WHEREAS, the City Council of the City of Carlsbad did on September 5, 1972, adopt a CATV Policy concerning the granting by the City of temporary CATV license and permits.Agenda Bill 860. and also did on that date instruct the City's Attorney to enter into a temporary CATV license agreement with Cable Company in accordance with said CATV Policy,Agenda Bill 872. NOW THEREFORE, IT IS AGREED: 1. City hereby grants Cable Company a temporary license to trench, lay, and use lines, wires, coaxial cables, amplifiers and other appurtenances for transmitting, distributing and supplying CATV service in, under, along, across and upon city streets, ways, alleys -1- C and places within the Alta Mira development. 2. Cable Company agrees to install a CATV system within the said Alta Mira development in an expeditious manner and in accordance with the specifications and standards determined by the City's Director of Public Works. 3. Cable Company will provide and keep in force a public liability insurance policy in the sum of not less than $100,000.00 property damage, $100,000.00 oer person, with a total of $300,000.00 per accident personal injury liability and will name City as an additional insured thereon. 4. This said temporary license shall expire in two years, or six months from the effective date of a CATV franchise including the project area described above to someone other than Cable Company, or the effective date of the CATV franchise including the area described above granted to Cable Company, or on purchase of the CATV system by a holder of the franchise, including the area of the said system, as provided below, whichever event shall first occur. 5. Cable Company shall comply with all the requirements of the Federal Communications Commission and all applicable City, County, State and Federal ordinances, regulations, laws and statutes. 6. Within three months of the CATV franchise including the area of the said CATV system to anyone other than Cable Company, Cable Company shall sell said system to said franchisee at a price and upon terms and conditions fair to both buyer and seller under the circumstances. If the parties cannot agree upon a price or upon the terms or conditions of sale they shall appoint an arbitrator-appraiser to determine price, terms and conditions and if the parties cannot agree on appointment of a single arbitrator-appraiser, each party shall appoint an arbitrator-appraiser and the two arbitrator-appraisers -2- V, shall appoint a third and the arbitration shall proceed in accordance with the California Code of Civil Procedure, the California Civil Code, where applicable, and the rules of the Superior Court of the State of California in San Diego County. The parties in entering into arbitration shall agree that the award of the arbitrator-appraiser(s) shall be binding on the parties and enforceable by the Superior Court of the State of California. 7. Applicant shall pay to the City Clerk for the City $100. 00 for and on issuance of this license and also pay the said City Clerk for said City 3% of all gross subscriber revenue as such gross of subscriber revenue is defined by the Federal Communications Commission, within two weeks of the end of each calendar quarter. 8. The granting of this license and terms of this agreement shall constitute no precedent as regards any CATV franchise thereafter issued by the City but is meant as an interim measure while the City is studying and considering a regular CATV franchise form and franchise policy. 9. As a further condition of the granting of this license, Cable Company agrees to be bound by the full force and effect of the Council Policy re- garding granting of CATV franchises and licenses as it may be amended by the City Council subsequent to this agreement, including the express terms and conditions of any standard CATV license which may be adopted by Council pursuant to said Policy. Cable Company shall not, however, be bound by said Council Policy to remove, replace, modify or otherwise alter the facilities it installs pursuant to this temporary license agreement. DATED: CITY OF CARLSBAD By: CARLSBAD CABLE-TV, INC. By: ____^__ — 3-