HomeMy Public PortalAboutOrd. 414 - Changing Zone Classificationf
ORDINANCE NO. T/4/
AN ORDINANCE RELATING TO CABLE TELEVISION; PROVIDING
DEFINITIONS; GRANTING A TWENTY (20) YEAR NON-EXCLUSIVE
FRANCHISE TO CONSTRUCT, OWN, OPERATE AND MAINTAIN A
CABLE TELEVISION SYSTEM WITHIN THE CITY OF McCALL,
IDAHO; PROVIDING CONDITIONS ACCOMPANYING THE GRANTING
OF SAID FRANCHISE; PROVIDING RATES, RULES AND REGULATIONS
THEREFOR; PROVIDING FOR CANCELLATION OF SUCH FRANCHISE;
MAKING IT UNLAWFUL TO INJURE ANY PROPERTY USED IN
CONNECTION THEREWITH AND MAKING IT UNLAWFUL TO MAKE OR
ATTEMPT TO MAKE UNAUTHORIZED CONNECTION TO SUCH CABLE
TELEVISION SYSTEM; PROVIDING FOR SEPARABILITY AND
PROVIDING FOR DUP.ATION AND ACCEPTANCE OF THIS ORDINANCE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
CITY OF McCALL, IDAHO, AS FOLLOWS:
Section 1. Definitions: For the purposes of this
Ordinance, the following terms, phrases, words, and their
derivation shall have meaning given herein. When not incon-
sistent with the context, words used in the present tense
include the future, words in the plural number include the
singular number, and the words in the singular number include
the plural number. The;word "shall" is always mandatory and
not merely directory.
a. "City" is the City of McCall, Idaho.
b. "CABLE TELEVISION SYSTEM", hereinafter referred to
as "CATV System" or "system", means a system of coaxial
cables or other electrical conductors and transmission
equipment used or to be used primarily to receive television
or radio signals directly or indirectly off -the -air and
other related services and transmit them to subscribers for
a fee.
c. "Company" or "Grantee" shall be Cablevision of
McCall, Inc., or anyone who succeeds it in accordance with
the provisions of this Ordinance.
d. "Person" is any person, firm, partnership, association,
corporation, company, or organization of any kind.
e. "FCC" is the Federal Communications Commission or
its successor agency.
f. "Gross Subscriber Revenues" shall mean the grantee's
annual gross subscriber revenues derived from monthly Cable
Television Service in the City.
g. "Street" shall mean the surface of, and the space
above and below, any public street, road, highway, freeway,
right-of-way, easement, alley, court, sidegalk, parkway,
drive or other public property, hereafter existing as such
within the City.
h. "Subscriber" shall mean any person or entity receiving
for any purpose the cable television services of the Company
herein.
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i. "Basic Service" shall mean the simultaneous delivery
by the company to television receivers (or any other suitable
type of audio -video communication receivers), of all sub-
scribers and to all locations in the City, of all signals of
over -the -air television broadcasts required to be carried on
the cable television system by the FCC, and Additional
Service at the option of the Company.
j. "Proposal" shall mean the Company's document dated
June 3, 1980, describing the system it proposes to build and
operate, a copy of which proposal has been filed with the
City Clerk.
Section 2. Grant of Non -Exclusive Franchise: The City
hereby grants to the Company the non-exclusive franchise,
right, privilege, authority and easement for a period of
twenty (20) years from the effective date hereof, renewable
for an additional twenty (20) year period as provided herein,
unless sooner terminated pursuant to the provisions of this
Ordinance, to construct, erect, suspend, install, renew,
maintain, and otherwise own and operate throughout the City,
in, upon, along, across, above, over and under the streets,
alleys, easements, public ways and public places as now laid
out or dedicated, and all extensions thereof, and additions
thereto, in the City a system of poles, wires, cables,
underground conduits, ducts, trenches, conductors, amplifying
equipment, manholes, fittings, and any and all other fixtures,
appliances and appurtenances necessary for the installation,
ownership, maintenance and operation in the City of a cable
television (CATV) system to serve residents and inhabitants
of the City. This franchise shall in no way be construed to
prohibit extensions of the City system for the purpose of
distribution of services to inhabitants outside the limits
of the City. Without limiting the generality of the foregoing,
this franchise shall and does hereby include the right to
make connections to subscribers, the right to repair, replace
and enlarge and extend said lines, equipment and connections.
Section 3. Compliance With Applicable Laws And Ordinances:
The Company shall at all times during the life of this
Ordinance be subject to all lawful exercise of the police
power by the City and to such reasonable regulation by the
City as the City shall thereunder provide. The Company
shall comply with all laws, statutes, codes, ordinances,
rules, or regulations applicable to its business, including
those of the Federal Communications Commission with special
reference to Section 76.31 thereof.
Section 4. Effective Date and Term: This Ordinance
shall take effect and be in full force after final passage
and publication hereof, as provided by law, and said Ordinance
shall continue in full force and effect for a term of twenty
(20) years upon the terms and conditions set forth herein.
An option for renewal, for an additional twenty (20) year
period under the terms and conditions mutually agreeable to
both parties, may be exercised by the Company by giving the City
notice in writing of its election to exercise this option,.
which notice shall be given not less than one (1) year nor
more than five (5) years prior to the expiration of the term
of this Ordinance. Renewal shall not be unreasonably denied,
and may be granted by the City after consideration of the
Company's qualifications and after full public proceedings
affording due process, within six months of the Company's
written notice. This Ordinance, when accepted by the Company,
shall be and hecome a valid and binding contract, between
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the City and the Company, but this Ordinance shall be void
unless the Company shall, within thirty (30) days after
passage and publication of same by the City, file with the
City Clerk its unconditional acceptance of the Ordinance, as
hereinafter provided.
Section 5. Territorial Area Involved: This Ordinance
is related to the present territorial limits of the City and
to any area henceforth added thereto during the term of this
agreement; provided, however, that the Company shall not be
required to build (a) annexed sections of the City that do
not meet a general density standard of fifty (50) homes per
mile of cable system including interconnecting trunk, or (b)
sections where necessary easements cannot be reasonably
obtained. The Company shall be required to provide service
at regular rates to all structures within one hundred and
fifty (150) feet of its, distribution system.
Section 6. Liability of Company -Indemnification: It is
expressly understood and agreed by and between the Company
and the City that the Company shall hold the City harmless
from all losses sustained by the City by reason of any suit,
judgment, execution, claim or demand resulting from the
construction, operations or maintenance by the Company of
its cable television system in the City. The Company
shall, prior to the commencement of construction of the
system, file with the City Clerk and at all times thereafter
maintain in full force and effect for the term of such
franchise, at Company's sole expense, a general comprehensive
liability insurance policy, in protection of the City, its
officers, boards, commissions, agents, and employees, in a
company authorized to do business in the State, and in a
form satisfactory to the City Attorney, protecting the City
and all persons against liability for loss or damage for
personal injury, death and property damage, occasioned by
the operations of the Company under such permit in the
minimum amounts of:
$ 250,000.00 for property damage to any one person;
$ 500,000.00 for property damage in any one occurrence;
$ 500,000.00 for personal injury to any one person;
$1,00.0,000.00 for personal injury in any one occurrence.
Section 7.Faithful' Performance Bond: The Grantee
shall, within 90 days of its acceptance of this permit, file
with the City Clerk and for three years thereafter maintain
in full force and effect at Grantee's sole expense, a corporate
surety bond with a responsible Company licensed to do business
in the State, in the initial amount of $10,000.00, renewable
annually, and conditioned upon the faithful performance of
Grantee, and upon the further condition that in the event
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 City as a result
thereof, including the full amount of any compensation,
indemnification, or cost of removal of any property of the
Grantee as prescribed hereby, plus a reasonable allowance for
attorneys' fees and costs, up to the full amount of the bond.
If the City shall recover any amount from the bond during
the initial or subsequent three-year period, then the Company
shall provide an identical bond for an additional three-year
period. The bond shall provide that at least thrity (30) days'
prior written notice of intention not to renew, cancellation,
or material change, be given to the City by filing the same
with the City Clerk.
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Section 8. Service Standards and Requirements: a. The
Company shall maintain its service in accordance with the
accepted standards of the industry, so as to provide its
subscribers with the highest possible level of quality and
reliability. The Company shall maintain a business office
and service facilities within the City. All subscribers
will be informed of the telephone numbers and location of
such office so as to make the filing of inquiries and service
complaints as easy as possible. A listed full time telephone
service number shall be maintained so as to permit registering
of complaints 24 hours daily, seven days a week.
b. The Company shall employ sufficient persons to
provide prompt response to all inquiries and complaints.
Loss of all service shall be corrected within 24 hours, and
degraded reception shall be corrected within two business
days, except in the event of disaster or other conditions
beyond the control of Grantee. The Company shall maintain
records of all service complaints. Such records shall
include the name and address of the subscriber, the date and
time at which the complaint was received, the nature of the
complaint, the resolution of the complaint and the date and
time of such resolution.
Section 9. Time of Construction and Service: Upon the
effective date of this franchise, the Company shall dili-
gently commence acquisition of all necessary certificates,
permits, licenses and agreements which are required to
construct a CATV system in the City. Within six (6) months
of the effective date of this franchise, the Company shall
commence construction. Thereafter, construction shall
proceed so as to make service available throughout the City,
as defined in Section 5 within 15 months of the effective
date of the franchise. In the event the Company fails to
start construction within six (6) months, the City may hold
a public hearing on the delays. If construction has not
started for reasons within the control of Grantee, then the
Grantee shall commence construction within sixty (60) days
of the hearing; if construction is not so started, the City
may then cancel the franchise without further notice.
If construction is' not completed as set forth in this
section, the.City may proceed to make claim on the performance
bond as set forth in Section 7.
Reasonable extensions to the deadlines for commencement
and completion of construction shall be granted for delays
caused by weather, strike, Act of God, inablity to obtain
necessary construction permits, or other reasons beyond
control of Grantee.
Section 10. Special Services: a. The Company shall
furnish, upon request, at no charge, one outlet for each
local school, municipal office building or city -owned facility
within its service area and not more than one hundred and
fifty (150) feet from the Company's existing service facilities.
b. In the case of an emergency or a disaster, the
Company shall, upon request of the City, make available its
facilities to the City for emergency use during the emergency
or disaster period. The Company will also provide a means
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of interrupting the audio portion of the cable system to
present emergency messages by local law enforcement and
public officials.
Section 11. Safety Requirements: a. The Company shall
at all times employ due care and shall install and maintain
in use commonly accepted methods and devices for preventing
failure and accidents which may cause damage, injuries, or
nuisances to the public.
b. The Company shall install and maintain its wires,
cables, fixtures, and other equipment in accordance with the
requirements of the National Electric Safety Code and local
ordinances which are applicable.
c. All structures and all lines, equipment, and connections
in, or over, under and/or upon the streets, sidewalks,
alleys, and public ways or places of the City wherever
situated or located, shall be kept and maintained at all
times in a safe, suitable, substantial condition, and in
good order and repair.
Section 12. New Developments: It shall be the policy
of the City to amend this Ordinance liberally, upon application
of the Company, when necessary to enable the Company to
respond to changes in Federal Communications Commission
regulations, and to take advantage of any developments in
the field of transmission of television signals and related
services which will afford it an opportunity more effectively,
efficiently, or economically to serve its customers.
Section 13. Conditions on Street Occupancy: a. All
transmission and distribution structures, lines and egipment
erected by the Company within the City shall be so located
as to cause minimum interference with the proper use of
streets, alleys, and other public ways and places, and to
cause minimum interference with the rights and reasonable
convenience of property owners whose land may adjoin any of
the said streets, alleys, or other public ways and places.
b. In case of disturbance of any streets, sidewalk,
alley, public way, or paved area, the surface shall be
repaired toat least the state that existed prior to disturbance.
All repairs shall be made as agreed between the City and
Company, in compliance with all existing City Ordinances.
c. If at any time during the period of this Ordinance
the City shall lawfully elect to alter or change the grade
or alignment or re-routing of any street, sidewalk, alley,
or other public way, the Company, upon reasonable notice by
the City shall remove and relocate its poles, wires, cable,
underground conduits, manholes, and other fixtures at its
own expense.
d. Any poles or other fixtures placed in any public
way by the Company shall be placed in such manner as not to
interfere with the usual travel on such public way.
e. In all areas of the City where the wires, cables
and other facilities of the power company and the telephone
company are located underground, the Company will locate
its facilities underground.
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f . T h e C o m p a n y s h a l l h a v e t h e a u t h o r i t y , u n d e r t h e
s u p e r v i s i o n o f t h e C i t y '