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CC RESOLUTION 2593RESOLUTION NO. 2593 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROV- ING RATES TO BE CHARGED BY THETA CABLE OF CALIFORNIA FOR CABLE TELEVISION SER- VICE. WHEREAS, Theta Cable of California filed its application dated August 21, 1970 for a franchise to operate a community antenna tele- vision system within the city; and WHEREAS, on January 25, 1971 the City Council adopted Ordi- nance No. 754 granting to Theta Cable of California a franchise to operate a community antenna television system within the city; and WHEREAS, Theta Cable of California has submitted to the City Council a proposed rate structure which differs from the rate structure pre- sented to the City Council in its application; and WHEREAS, after considering evidence presented at a public hear- ing the City Council desires to approve such rate structure and to regulate the rates of Theta Cable of California so that it does not exceed the rate structure approved by the City Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. The following rates are hereby approved as the maxi- mum rates to be charged in the City of El Segundo by Theta Cable of California: I. INSTALLATION CHARGE A. Residence 1. First Outlet a. Overhead Service i. The charge shall be $10. 00 ii. In the event that the distance measured along the cable from the center line of the street, alley, or easement occupied by the feeder cable to the point of attachment of the cable with the subscriber's residence exceeds 150 feet, the grantee may make an additional charge not to exceed the actual direct cost to the grantee attributable to such distance in excess of 150 feet. 1 1 "1", b. Underground Service from Underground Feeder Cable i. In the event that the subscriber independently provides for his own trenching (including back - filling repaving and /or replant- ing), the charge shall be as stated above for Overhead Service (a. i. and ii.). ii. In the event that the subscriber contracts with the grantee to provide the trenching and related work, the charge for the trenching, etc. , shall be the variable cost incurred by the grantee and the charge for the duct, cable and installation shall be as stated above for Overhead Service (a. i. and ii. ). iii. In either event, grantee shall bear the full cost of providing the trenching and all other facilities from the feeder cable to the subscriber's property line. iv. The grantee shall inform the subscriber of the above options and the grantee's estimated costs, therewith. c. Underground Service From Overhead Feeder Cable i. The charge shall be as stated above for Overhead Service (a. i. and ii. ) and in addition thereto, the difference between the grantee's incurred variable cost of providing the under- ground facilities and the estimated cost of constructing equiva- lent aerial facilities. 2. Each Additional Outlet a. There shall be no charge for additional outlets if the subscriber's order for same is made not later than the time the first outlet is installed or reconnected or any other outlet is relocated. b. When the subscriber's order is made subsequent to the time spe(. fied in 2, a. above, the charge shall be $10. 00 for the additional outlet and no charge for each further additional outlet, if any, ordered installed concurrently. c. The condition stated in 1, a. ii. above shall oe applicable. d. When an additional outlet is installed in a separate structure on subscriber's premises and the distance measured along the cable, between points of attachment of the cable to the separate structures exceeds 50 feet, the grantee may make an additional charge not to exceed the actual direct cost to the grantee attributable to such dis- tance in excess of 50 feet. 3. Reduced Charges During Certain Periods a. At the option of the grantee, any of the foregoing charges may be reduced by any amount but only if offered on a nondiscriminatory, nonpreferential basis. 4. Additional Charge for Non - Standard Installations a. In the event that a subscriber requests a non - standard installa- tion, such as concealed wiring, etc. , that is not economically feasible for the grantee to provide at the foregoing rates and charges, the grantee upon agreement with the subscriber may make an additional charge not to exceed the actual variable cost to the grantee attributable to such nonstandard installation. -2- 1 1 "fl "G I b. The grantee shall file with the City Council a current list of the types of nonstandard installations for which an additional charge stated in a. above shall be applicable. B. Multiple Apartments, Hotels, Motels and Non - Residences 1. All installation charges for the above - captioned classes of subscribers (where Multiple Apartments are under one ownership with one custom- er billing) shall not exceed the actual variable cost to the grantee of making such installations. 2. The grantee shall keep such records as may be necessary to identify the costs and charges associated with each of the foregoing subscribers. C. Schools and City -Owned Facilities 1. Grantee shall provide, without charge, one service drop for all public and nonprofit private schools and colleges, and for City buildings as agreed on between grantee and the Council, provided that such Loca- tions are passed by transmission cable maintained for the service of paying subscribers. Additional outlets for such buildings will be pro- vided at cost. 2. The grantee shall keep such records as may be necessary to identify the costs and charges associated with each of the foregoing subscribers. II. MONTHLY RATE A. Residence 1. First Outlet a. The rate shall be $6. 95 per month. 2. Each Additional Outlet a. The rate shall be $1. 50 per month. B. Multiple Apartments, Hotels, Motels and Non - Residences 1. Apartment Units a. Number of Apartment Units 1 -4 5 - 19 20 -49 50 or More Rate per Month per Apart- ment Unit for One Outlet $6. 50 5. 50 4. 50 3. 50 b. The rate for each additional outlet within an Apartment Unit shall be $1. 50 per month. 2. Hotels, Motels and Non - Residences a. The rate for each unit of transient type facilities shall be $3. 50 per month for up to 100 units. For facilities with more than 100 units, the rate shall be $2. 50 per month. 3. The above rates shall apply only where all outlets are on the same premises, under one ownership and with billing to one customer. 4. The application of the above rates in lieu of the rates specified in II. A. shall be at the option of the grantee. -3- R C. Prorating for Less Than One Month's Service 1. The monthly rate shall be prorated on the basis of the number of days in the period for which service was rendered to 30 days. D. Billing and Payment 1. The bill for the monthly rate may be rendered in advance. Such bill is due and payable not more than five days in advance of the period during which service is to be furnished. 2. The billing period shall not exceed two calendar months. E. Convertor: Minimum Capacity 30 Channels 1. The rate shall be $1. 50 per month per unit. 2. The grantee shall not reduce the number of available channels, previously provided by its system, to any subscriber not desiring to use the convertor. F. Waiver of Service Charge to Schools 1. The grantee shall waive the foregoing monthly charges for CATS' ser- vice it provides public, parochial and other non - profit schools. G. Waiver of Service Charge to City -Owned Facilities 1. The grantee shall waive the foregoing monthly charges for CATV ser- vice it provides City -owned facilities. III. RELOCATION CHARGE A. The charge shall be $10. 00 per relocated outlet. IV. RECONNECT CHARGE A. The charge shall be $10. 00 per subscriber. B. The charge shall apply where the grantee had previously served the premises, and facilities are substantially in place, but service was cancelled, suspended or terminated for any good cause. C. The charge may be applied where the service is not interrupted but a subscriber name change occurs. D. The charge shall not be made in addition to the installation charge set forth in I. A. 1. or I. B. above. E. The grantee shall not remove, rearrange or otherwise disturb any of its existing facilities for the purpose of making a greater charge than would otherwise be applicable. F. During periods of reduced installation charges specified in Section I. A. 3. the above reconnection charge shall be reduced in the same proportion that the installation charge specified in Section I. A. 1, is reduced. -4- 117 ?8 V. FM RADIO OUTLETS A. Where the grantee provides FM radio signals to the subscriber's FM radio receiver, the rates and charges for each connection or outlet providing such service shall be identical with those set forth above for TV outlets. VI. LINE EXTENSION CHARGES A. In the event that a potential subscriber's premises are located at such a distance from the feeder cable that it is not economically feasible for the grantee to provide service at the foregoing rates and charges, the grantee shall determine, upon request from the potential subscriber the amount, terms, conditions and refund pro- visions of the line extension charge which, in addition to the fore- going rates and charges, would be fair and reasonable under the particular conditions and circumstances. VII. REPORTING REQUIREMENTS A. The grantee shall file with the City Council an annual profit and loss statement together with such additional financial and statistical data as the Council may from time to time require. VIII. APPLICABILITY A. The grantee shall not collect any rate or charge in the City of E1 Segundo other than as authorized herein, and no rebate, refund or other allowance shall be made except as provided herein. B. The foregoing rates and charges shall comprehend the total of grantee's service authorized by franchise granted by the City of El Segundo. C. Gifts and similar promotional material presented by the grantee to prospective or existing CATV subscribers during a CATV sales pro- motion shall be subject to the same terms and conditions of Section I. A. 3. a. i. and ii. as they apply to reduced charges during sales promotions. IX. NOTICE TO APPLICANTS FOR SERVICE A. The grantee shall include in its Subscription and Installation Agree- ment or other service application form a notice to applicants for service that the grantee's rates and charges for service within the City of E1 Segundo are in conformity with this Resolution, and that a copy of said Resolution is available for inspection in the office of the City Clerk, City Hall, 350 Main Street, E1 Segundo. SECTION 2. Theta Cable of California shall not charge for any service not included in Section 1 of this resolution nor shall Theta Cable of California charge higher rates than provided in Section 1 of this resolution. SECTION 3. This resolution shall become operative on and after December 1, 1974. SECTION 4. The City Clerk shall certify to the passage and adop- tion of this resolution; shall enter the same in the book of original resolutions of said city; and shall make a minute of the passage and adoption thereof in the -5- 1 17 '-) If) records of the proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted. PASSED, APPROVED and ADOPTED this 4th _day of Novem- ber , 1974. ATTEST: City Clerk (SEAL) re 2 Mayor of the City of El Segundo, a i ornia. STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF EL SEGUNDO ) I, Valerie A. Burrowes SS City Clerk of the City of E1 Segundo, California, DO HEREBY CERTIFY that the whole number of members of the City Council of the said City is five; that the foregoing Resolution, being Resolution No. 2593 was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City adjourned Clerk of said City, all at a/regular meeting of the said Council held on the 4th day of November . 1974 and that the same was so passed and adopted by the following vote: AYES: Councilmen Nagel, Rockhold, Van Vranken and Mayor Balmer; NOES: Councilmen None ABSENT: Councilmen Stephens WITNESS MY HAND AND THE OFFICIAL SEAL OF SAID CITY this 14th day of November � 1974 e;) City Clerk of the City of E1 Segundo, California (SEAL)