HomeMy Public PortalAboutORD10994 BILL NO. 87-164
SPONSORED BY COUNCILMAN VEILE, DAVIS, GORDON, HALSEY
ORDINANCE NO. /D 9 J
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER
8 OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, AS IT PERTAINS
TO CABLE TELEVISION.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI,
AS FOLLOWS:
Section 1. Chapter 8 of the Code of the City of Jefferson,
Missouri, shall be amended as follows:
Section 8-1.02 Franchise Processing Cost shall be amended to
read as follows:
Any applicant for a franchise zo own, operate, and maintain
a system within the City shall be required to reimburse City
for all costs incurred, including attorneys ' fees in
soliciting and evaluating the application, and processing
the franchise award.
Section 8-3.18 "Gross Revenues" shall be amended to read as
follows:
Any revenue derived directly or indirectly by Company, its
affiliates, subsidiaries and any person in which Company, as
Grantee of this Franchise, has twenty-five percent (25%) or
more from or in connection with the operation of the System
in the City of Jefferson, Missouri, including but not
limited to, basic subscriber service monthly fees, pay cable
fees, installation and reconnection fees, leased channel
fees, converter rentals, converter sales and advertising
revenues. This term does not include any taxes on services
furnished by Company and imposed directly upon any
subscriber or user by the state, city or other governmental
unit and collected by Company on behalf of said governmental
unit.
Section 8-6. 02 (C) Maintenance and Complaints shall be
amended to read as follows:
C. City after first providing Grantee with the opportunity
to provide the information or conduct appropriate test may
cause the telephone company serving Grantee to test the
capacity of telephone lines based on volume of calls that
may be received by the Grantee's business office in order to
determine the availability of adequate telephone lines and
personnel to serve incoming calls. The test shall include a
reading of the percentage of busy signals received by
persons calling the business office and of the answering
time of Grantee's office personnel. Grantee shall use its
best efforts to ensure that during normal day to day
operations not more than three percent (3%) of all callers
receive a busy signal and that office personnel answer calls
within (20) seconds. In the event City determines that
Grantee is not using its best efforts to comply with the
above standards, City may require, at Grantee's cost, the
installation of additional telephone lines or the hiring of
additional office personnel on a permanent or temporary
basis. Any disputes between City and Grantee over the
provisions in this paragraph shall be resolved by the
Commission.
Section 8-6.03 Rates and Other Charges, subsection (A) shall be
amended to read as follows:
Except for all commercial or bulk accounts rates and charges
charged by Grantee for monthly service and installation and
all other charges hereunder shall be uniform, except that
Grantee may offer both its initial and additional
installation services to subscribers at uniformly applied
reduced rates.
Section 8-6.04 Other Business Activities of Grantee shall be
amended to read as follows:
During the period of the franchise, neither the Grantee nor
any of its affiliates, subsidiaries, parent organizations,
officers, directors or stockholders holding two percent (2%)
or more of outstanding stock of the Grantee shall require
any subscriber to purchase, rent or lease radios or
televisions at any specific businass renting, leasing or
selling radios or televisions or to utilize the services of
any specific television or radio service business for the
repair or maintenance of the subscriber's receivers, either
radio or television, wheresoever located. This provision
does not prohibit the sale or servicing of converters or
addressable devices used to provide cable service by
Grantee.
Section 8-8.01 City's Right to Revoke shall be amended to
read as follows:
City reserves the right to terminate and cancel the
Franchise and all rights and privileges of the Franchise in
the event of the occurrence of any of the following:
A. Grantee substantially violates any provision of this
Chapter, Franchise, or Franchise Agreement;
B. Grantee practices any fraud, deceit, or unlawful
coercion upon City;
® C. Grantee unlawfully threatens subscribers, city officials
or employees or any other person in regard to the provision
® or disconnection of cable service;
D. Grantee becomes insolvent, unable or unwilling to pay
its debts or any fees, charges or any sum of money owed to
City or any other person;
E. Grantee is adjudged bankrupt;
F. Grantee materially misrepresents a fact in the
application for, negotiation of or administration of the
Franchise or Franchise Agreement, or
G. Upon the conviction of any director, officer, employee
or agent of Grantee of the offense of bribery, fraud or
extortion in connection with or resulting from the awarding
of the Franchise or Franchise Agreement.
Nothing in the Franchise shall preclude termination of the
Franchise at any time by mutual agreement of both City and
Grantee.
Section 8-9.05 Program Selection Subsection (A) shall be
amended to read as follow:
A. Subject to Federal Law, all programs of broadcasting
stations carried by the Grantee shall be carried in their
AM entirety as received, with announcements and advertisements,
and without additions. Grantee shall provide to its
subscribers the stereo broadcast signals of broadcasting
stations and channels offering stereo broadcasts.
Section 8-11.05 Grantee Operating Procedures shall be
amended to read as follows:
Grantee shall establish such rules, regulations, operating
procedures, terms and conditions governing the conduct of
its business as shall be reasonably necessary to enable the
Grantee to exercise its rights and perform its obligations
under the Franchise and to assure uninterrupted service to
all subscribers. Such rules, regulations, operating
procedures, terms and conditions shall not be in conflict
with the provisions of this Chapter or applicable local,
state and federal laws, rules and regulations. All rules,
regulations, operating procedures, terms conditions shall be
submitted to the Commission for its review.
Section 8-11 .09 No Recourse Against the City shall be
amended to read as follows:
Except as provided in the franchise, Grantee shall have no
recourse whatsoever against City or its officials, agents or
employees for any loss, costs, expense or damage arising out
of any provision or requirement of the Franchise or because
of the enforcement of the Franchise.
Section 8-11.10 Separability - Non-material Provisions and
Section 8-11.11 Separability - Material Provisions are to be
deleted and a new Section 8-11.10 Separability enacted
thereof:
If any provision of this Franchise is held by any court or
by any federal, state, or county agency of competent
jurisdiction to be invalid as conflicting with any federal,
state, or county law, rule or regulation, said provision
shall be considered a separate, distinct and independent
part of this Franchise and such holding shall not affect the
validity and enforceability of all other provisions hereof.
In the event that such law, rule or regulation is
subsequently repealed, rescinded, amended or otherwise
changed, so that the provision hereof or thereof which has
been held invalid or modified is no longer in conflict with
the law, rules and regulations then in effect, said
provision shall thereupon return to full force and effect
and shall thereafter be binding on City and Company,
provided that the City shall give Company thirty (30) days
written notice of such change before requiring compliance
with said provisions.
Section 8-12.02 Grant of Franchise Subsection (E) shall be
amended to read as follows:
E. With its acceptance, Grantee shall also pay reasonable
costs and expenses incurred by City incidental with the
renewal or award of the franchise. City shall provide an
itemized statement to Grantee. Costs or expenses the City
does not identify at that time shall be paid promptly by
Grantee upon receipt of an itemized statement from the City.
It is the intent of the City and Grantee that any consultant
used during the franchise term or during renewal, shall be
selected by both Grantee and City and the expense for said
consultant paid equally by both the City and the Grantee.
Section 8-12.02 Grant of Franchise Subsection ( I) shall be
amended to read as follows:
I . Subject to provisions of any franchise granted
hereunder, City, from time to time, reserves the right to
amend the Chapter. Grantee, by acceptance of the Franchise
consents to and agrees to be bound by any such amendment
upon receipt of notification of such change, provided,
however, that such change does not materially interfere or
conflict with existing rights or obligations of the Grantee
under the Agreement or the Enabling Ordinance.
® Section 2. This Ordinance shall be in full force and effect
from and after the date of its passage and approval.
Passed -�'�"-�Q•-,- /S- ' Approved /Fif
res g Officer yor
ATTEST:
� • Cam' _
City Clerk
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