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HomeMy Public PortalAboutORD 165-14-11_Cable One Ord._08212012SUMMARY OF ORDINANCE NO. i 66- /Y' I[ AN ORDINANCE OF THE CITY OF IONA, IDAHO, PROVIDING FOR THE ADOPTION OF A CABLE TELEVISION FRANCHISE BETWEEN THE CITY AND CABLE ONE, INC. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF IONA, IDAHO, THAT: Section 1. Definitions. States definitions for terms used throughout the ordinance. Section 2. Grant of Authority. Grants a cable television franchise to Cable One, Inc.; subordinates franchise to existing easements, lines, facilities and structures; disclaims warranties and representations by the City with respect to the scope of any easement or dedication. Section 3. Duration of Franchise. Provides for a term of fifteen (15) years and grants the Franchisee the right to surrender the franchise at any time. Section 4. Renewal Procedures. Provides for renewal by the Franchisee. Section 5. Transfer of Ownership or Control. Prohibits assignment and requires Franchisee to give notice of any requested transfer. Section 6. Franchise Payment. Provides for a franchise fee of five percent (5%) of the Franchisee's annual gross revenues and grants the City the right to inspect the Franchisee's income records and provides for late payment penalties. Section 7. Books and Records. Requires Franchisee to keep a full and complete set of records and grants the City the right to inspect such records. Instrument # 1457951 IDAHO FALLS, BONNEVILLE, IDAHO 9.311-2013 113:21:24 No. of Pages: 4 Recorded for : CITNiiMdNO Fee: OF IONA SAS f RONALD LO1E Ex-0Nicio Recorder Deputy Index Is: onopwaOE Section 8. Liability Insurance. Requires Franchisee to maintain liability insurance in specified dollar amounts. Section 9. Indemnification. Requires Franchisee to indemnify and defend the City from claims arising out of the operation of the franchise. Section 10. Conditions of Street Occupancy. Prohibits interference with existing gas, electric and telephone fixtures and other public facilities; requires Franchisee to restore streets disturbed by maintenance activities; requires Franchisee to relocate its facilities when necessary for public works construction. Section 11. Maintenance and Repairs. Requires the Franchisee to keep the cable system in good condition and to minimize interruptions of service. Section 12. Permits. Requires Franchisee to obtain permits to perform work in the City right-of-way. Section 13. Movement of Buildings. Requires Franchisee to raise or lower its wires in conjunction with the moving of buildings by third parties. Section 14. Service. Requires the Franchisee to make cable service available to all areas within the corporate limits of the City. Section 15. Unauthorized Practices and Penalties. Requires franchises for all persons operating CATV systems and prohibits unauthorized connections to Franchisee's system. Section 16. Compliance with Applicable Law. Requires Company to comply with all applicable laws and ordinances. Section 17. Breach and Termination. Defines the term "breach" and provides for liquidated damages in the event of such breach. Section 18. Rules and Regulations. Preserves the ability of the City to promulgate additional regulations. Section 19. Rate Regulations. Reserves the right to regulate rates to the extent permitted by law. Section 20. Failure of City to Enforce this Franchise. Provides that failure to enforce the conditions of the franchise does not result in a waiver. Section 21. Severability. Provides for severability of various sections of the Ordinance. Section 22. Acceptance by Company. Requires acceptance of the franchise within twenty (20) days by the Franchisee. Section 23. Notice. Sets forth mailing addresses for notices. Section 24. Assignment. Prohibits assignment without City's consent. Section 25. Governing Law. Establishes Idaho law as the governing law. Section 26. Effective Date. Provides for effective date.. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this 2:15f day of 414-s , 2012. Brad Andersen Mayor ATTEST: Juli= ammond C y Clerk A copy of the full text of the Ordinance is available at the offices of the City Clerk, Iona City Hall, 3548 North Main Street, Iona, Idaho. STATEMENT OF CITY ATTORNEY I hereby certify that the foregoing summary is a true and complete summary of Ordinance No. 165-14-11 of the ordinances of the City of Iona, and provides adequate notice to the public. fi ortda-A DATED this 4 day of.AtrgErst, 2012. Zay6( Dale W. Storer City Attorney 4,05,-/&-f PUBLICik<f0TICE The City of Iona's Council has scheduled a public hearing on the evening of August 21, 2012 at 7:45 P.M. at the Iona Community Center, which is located at 3548 North Main Street, Iona, Idaho. The purpose of the hearing is to consider renewal of cable tv franchise ordinance. If you have any comments concerning this request, they will be considered at the public hearing. Comments may be made in writing, but must be received by the City Clerk seven days prior to the public hearing. Any person needing special accommodations to participate in the above noticed meeting should contact the City Office the day before the meeting at 523-5600 Dated this 30th day of July, 2012 Res p fully yo , Rdbyn Keyes, City Clerk Publish: Fifteen (15) days prior to hearing date. 333 Northgate Mile CITY OF IONA PO BOX 487 IONA Idaho Falls, ID 83401 October 09, 2012 ID 83427 Account #: 00050110 Legal Notice: ORD #165-14-11 Published 2 Days between 09/1 V2012 and 10/09/2012 Please refer to Ad #: 501240 Total Cost: $250.95 (208) 522-1800 Please include Ad # and Account # with payment. If you have questions concerning this bill, please contact Valinda @ extension 1187, or David @extension 1182. THANK YOU! Proof of Publication The Post Register State of Idaho Bonneville County: I, Hilary Witt -or Staci Dockery, first being duly sworn, depose and say: That I am the C'lassififtds Manager or Legal Notice Representative of the Post Company, a corporation of Idaho Falls, Bonneville County, Idaho, publishers of The Post Register, a newspaper of general circulation, published Tuesday through Sunday at Idaho Falls, Idaho; said Post Register being a consolidation of the Idaho Falls Times, established in the year 1890, The Idaho Register, established in the year 1880, and the Idaho Falls Post, established in 1903, such consolidation being made on the First day of November 1931, and each of said newspapers have been published continuously and uniterruptedly, prionto consolidation, for more than twelve consecutive months and said Post Register having been published continuously and uninterruptedly from the date of such consolidations up to and including the last publication of notice hereinafter referred to. That the notice, of which a copy is hereto attached and made a part of this affidavit, was published in said Post Register under this ad number: 501240, for 2 consecutive (days) weeks, between 09/11/2012 and10/09/2012, and that the said notice;was published in the regular respective dates of publication, and that such notice, in a supplement. entire issue of said paper on the ublished in the spaper and not Subscribed and sworn to`iNtfuu SE', 09 day of October 2012 .‘0TAR RUBL`‘' • 07, ©F \CPo°% gttaenied jurat STATE OF IDAHO SS. COUNTY OF BONNEVILLE Sir f'e Notary Public My Commission expires: 141-072t is - Subscribed and sworn to before me, this 09 day of October 2012, before me, the undersigned, a Notary public for said state, personally appeared Hilary -Witt -or Staci Dockery, known or identified to me to be the person(s) whose name(s) is/are subscribed to the within instrument, and being by me duly sworn, declared that the statements therein are true, and acknowledged to me that he/she/they executed the same, IN WITNESS WHEREOF, I have herunto set my hand and affixed my official seal the day and year in this certificate first above written. ```s` `�tio`°, A oSt. -d, • % .r;lie- Leik}te- ‘AOTARY PUBLAG • 2ftttZ"ct't Notary Public for The Post Company Residing at: Idaho Falls My Commission expires: .14-1-6f2-6j-5 it -io Yo/ I SUMMARY OF ORDINANCENO. 165-14-11 • AN. ORDINANCE'OF'TH.E CITY OF IONA, IDAHO, PROVIDING FOR THE ADOPTION OF A CABLE TELEVISION FRANCHISE BETWEEN THE CITY AND CABLE ONE, INC. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF IONA, IDAHO THAT: Section 1. Definitions. States definitions for terms used throughout the ordinance: Section-2. Grant of Authority. Grants a cable television franchise toCable One, `Inc.; subordinates franchise to existing easements, lines, facilities and structures;; disclaims warranties and representationsby the City with respect to the scope of any easement or dedication. - Section 3. Duration of Franchise. Provides for a term of fifteen (15)'years andgrants the Franchisee the right to surrender the franchiseat any time: Section 4: Renewal Procedures. Provides for renewal by the Franchisee. Section 5. Transfer of Ownership or Control. Prohibits assignment and requires Franchisee to give notice of any requested transfer. Section 6. Franchise Payment. Provides for franchise fee of five percent_(5%) of the Franchisee's annual gross revenues and grants the City the rightto-inspectthe Franchisee's income records and provides for late payment penalties. Section 7.. Books and Records. Requires Franchisee to keep a full and complete set of records and grants_ the, City the right to inspect such records. • Section 8, Liability Insurance. Requires Franchisee to maintain Liability insurance in specified dollar amounts: Section 9. Indemnification. Requires Franchisee to indemnify and defend the City from: claims arising out of the operation of the franchise. Section 10. Conditions of Street Occupancy. Prohibits interference with existing gas; electric and telephone fixtures and other public facilities; requires Franchisee to restore streets disturbed. by maintenance actives; requires franchisee to relocate its facilities when necessary for public works construction. Section 11 Maintenance and Repairs. Requires the Franchisee to keep the cable system. in good condition and to minimize interruptions of service. Section 12. ;Permits. Requires, Franchisee to obtain permits to perform work'in;the City right-of-way. Section 13. Movement of Buildings. Requires. Franchisee to raise or lower its wires in conjunction with the moving of buildings by third parties. Section 14. Service. Requires the Franchisee to make cable service available to all areas within the corporate limits of the City. Section 15. Unauthorized-_Practices.and Penalties._ Requires`frarrchises for all persons- operating CATV;systems and prohibits unauthorized connections to Franchisee's system. Section 16. Compliance with Applicable Law. Requires Company to comply with all applicable laws and ordinances. Section_17. Breach and Termination. Defines the term "breach" and provides for liquidated damages in the event of such breach. Section 18. Rules and Regulations. Preserves the ability of the City to promulgate additional regulations. . Section 19. Rate Regulations. Reserves the right to regulate rates to the extent permitted by law. Section 20. Failure of City to Enforce this Franchise: Provides that failure to enforce the conditions of the franchise does not result in -a waiver. Section 21. Severability. Provide"s re severability of various sections of the Ordinance. Section 22: Accept,ance by "Coinpany. Requires acceptance of the franchise within twenty (20) days by the Franchisee. Section 23. Notice. Sets forth mailing addresses for notices. Section 24. Assignment. Prohibits assignment , without City's consent.. Section 25: Governing: Law. Establishes Idaho Law as the governing law. Section •26. Effective Date. Provides for effective date. PASSED BY THE COUNCIL AND APPROVED B' THE MAYOR this 25th day of September, 2012. Julie Hammon Published: September 11, 2012 and Oc City elre5 2012 (501240