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INTRODUCED BY COUNCILMAN:
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rf ORDINANCE NO. el-
AN
q� ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI: REPEALING
ORDINANCE 7974 AND 8225 AND GRANTING A LICENSE TO INTERNATIONAL
TELEMETER CORPORATION TO OPERATE AND MAINTAIN A COMMUNITY ANTENNA
TELEVISION SYSTEM IN SAID CITY UPON PERFORMANCE AND COMPLIANCE
WITH CERTAIN CONDITIONS PROVIDING FOR THE REGULATION AND USE OF
SAID SYSTEM BY THE CITY AND FOR PAYMENT TO THE CITY BASED ON THE
GROSS RECEIPTS OF THE LICENSEE, AND PRESCRIBING PENALTIES FOR
THE VIOLATION OF ITS PROVISIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON,
MISSOURI, AS FOLLOWS:
�0 Section 1. TITLE. This ordinance shall be known, and
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may be cited, as "The . Community Antenna Television Ordinance of
the City of Jefferson, Missouri."
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Section 2. DEFINITIONS. For the purposes of this
ordinance, the following terms, phrases, words,, and their
derivations shall have the meanings given herein. Where not
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inconsistent with the context, words used in the present tense
include the future, words used in -the plural number include the
singular number, and words in the singular number include the
plural number. The word " shall" is always mandatory and not
merely directory.
(1) "City" is the City of Jefferson, Missouri, a
municipal corporation which, territorially, shall include all
territory within the corporate limits of the city as such
limits now exist or mfr from time to time be extended or
retracted. '
(2) . "Company' is the grantee of the rights under the.
license granted by this ordinance.
(3) "Council" is the City Council of the City of
Jefferson, Missouri.
(4) "Person" is any person, firm, partnership,
'association, corporation, company or organization of any kind.
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F Section 3. GRANT OF AUTHORITY. There is hereby
granted by the city to the Company, for a period of ten (10)
years from passage of this ordinance, the right, privilege
and license to construct, operate and maintain a microwave
community antenna television system for the reception and
amplification of the signals of one or more television, radio
stations, and originated programs and the redistribution of
such signals to the subscribing public. in compliance with
Federal Communications Commission regulations the Company is
authorized to originate programs and to solicit advertising
for such programs and to offer such additional programming
as the company is required to do or that it finds in the best
interest of the public. However, the Company is specifically
not authorized to engage in the operation; of any program
known as "pay TV" where an additional fee is charged by the
use of coin boxes or ether devices to collect a charge based
on the viewing time of a particular program.
The right to construct, operate and maintain a
microwave community antenna television system and to use and
occupy said streets, alleys, public ways and places for -the
purposes herein set forth shall not be exclusive, and the City
reserves the right to grant a similar right and use to any per-
son at any time during the period of this license.
Section 4. CONSTRUCTION OF COMPANY FACILITIES: USE
OF EXISTING FACILITIES OF OTHERS. The Company shall have, and
is hereby granted, the right to place cable, booster equipment
and other allied equipment necessary or convenient for the ,
transmission of television signals by 'cable, upon the poles now
existing, or in the future erected, in street areas and public
utility easements which belong to, or are used by the Capital.
City Telephone Company, a corporation, its successors or
assigns, and the Missouri Power & Light Company, a corporation,
its successors and assigns, pursuant to the terms and conditions
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of a joint pole use agreement, to be entered into by and
between the Company and the above-named corporations and
utilities, which shall be a part of this license ordinance by
reference as fully and completely as if the same were set out
herein in its entirety. The Company is expressly prohibited
from using the poles, whether existing or to be erected, of
the above-named corporations and utilities by an arrangement
commonly referred to as "lease back" under which either or
both of the above-named corporations and utilities, or their
successors or assigns, would purchase and attach •a television
antenna system cable to said poles and maintain same, all at
their expense, and then lease said :Facilities back to the
Company for a consideration.
The construction, maintenance and use of 4.-he Company' s
community antenna television system shall comply with the
standards of materials and engineering and all other provisions
of that certain agreement relating to the joint use of poles
entered into by and between the Company and the above-named
utilities and corporations, or their successors and assigns,
which agreement is made a part hereof and to the provisions of
the National Electric Safety Code and the National Electric
Code. In the event the Company cannot obtain the necessary
poles and allied facilities pursuant to the provisions of said
agreement, and 'only in such event, then it shall be lawful for
the Company to make all needed excavations in any of the streets,
alleys or public highways for .the purpose of placing, laying, .
maintaining, repairing and removing pipes, conduits, cables
and conductors needed for the maintenance or extension of the.
system of the Company. This provision shall not exempt the
Company from a compliance with all charter and ordinance pro-.
visions relating to such excavations or construction or from
any provisions requiring payment of permit or license fees
' pertaining thereto, and all such work shall be performed under
the supervision, and in a manner satisfactory to, the Director
of Public Works. The Company shall not set any poles in the
public ways of the City without the prior permission of the
City Council, and if said permission is requested and granted,
all poles of the Company shall be erected between the curb
and the sidewalk along all public streets and ways unless
otherwise designated by the Director of Public Works of the
City and each pole shall be set, whenever practicable, at an
extension of a lot line. The City shall have the right to
require the Company to change the location of any pole,
conduit, structure or facility within the street area, when,
in the opinion of the Director of Public Works, the public
convenience requires such change, and the expense thereof shall
be paid by the Company. All pipes, conduit, and underground
facilities shall be laid down and maintained, in such manner
as not to interfere with the sewers of the City or any other
pipes, wires or conduits that may have been laid theretofore in
the streets, alleys or highways of the City by any public
utility engaged in business in the City under authority of the
City, and the system of pipes, wires and conduits constructed
or erected by the Company shall be of good quality and, work-
manship and shall be maintained in good repair and efficiency.
Section 5. COMPLIANCE WITH APPLICABLE LAWS AND
ORDINANCES. The Company shall, at all times during the life
of this license, be subject to all lawful exercise of police
power by the City, and to such reasonable . regulation as the
City has heretofore or shall hereafter by resolution or
ordinance provide.
Section 6. CONTROL OF ELECTRIC CURRENT FACILITIES.
The Company shall provide and put in use such equipment and
appliances ab 'shall control and effectually carry all
electric currents and television signal impulses in a manner so
as to prevent injury to the wires, pipes, structures and
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property belonging to the City of Jefferson or any person,
firm or corporation within said City, and the Company# at its
own expense, shall so repair, renew, change and improve said
facilities and appliances from time to time, as may be necessary
to accomplish said purpose.
Section 7. STREET VACATION OR ABANDONMENT: REMOVAL
OF FACILITIES. in the event any street, alley, public highway
or utility easement, or any portion thereof, used by the Company
shall be vacated by the City or the use thereof be discontinued
by the Company during the term of this license, the Company
shall forthwith remove its facilities therefrom unless speci-
fically permitted to continue the same, and upon the removal
thereof, restore, repair or reconstruct the street area where
such removal has occurred, and place the street area where such
removal has occurred in such condition as may be required by the
Council.
Section 8. TEMPORARY REMOVAL OF FACILITIES. In the
, event it is necessary to temporarily move or remove any of the
Company' s wires, cables, poles or other facilities placed
pursuant to this license, in order lawfully to move a large
object, vehicle, building or other structure over the streets, .
alleys or highways of the City, the Company, upon reasonable
notice, shall move at the expense of the person requesting
temporary removal of such of its facilities as may be required
to facilitate such movements.
Section 9. COMPANY LIABILITY: INDEMNIFICATION. The
Company shall indemnify and save the City ,and its agents and
employees harmless from all and any claims for personal injuries
or property damages or damages for copyright infringements, and .
. any other claims and costs, including attorney' s fees, expenses
of investigation and litigation of claims and suits thereon which
may arise from the installation and/or operation of Company' s
AM television antenna system or any equipment of the Company.
in case suit shall be filed against the City, either
independently or jointly with said Company, to recover for any
said claim or damages, said Company, upon notice of it by said
City, shall defend said City, its agents and employees, against
said action, and, in the event of a final judgment being
obtained against said City, either independently or jointly
with said Company, the said Company will pay said judgment and
all costs and hold the City harmless therefrom,. For this purpose
Company shall carry and at all times maintain on file with the
City Clerk and at all times keep in force, a certificate of
insurance relating to a public liability policy or policies in
the name of the Company insuring Company and the City against
any and all liability arising from the installation .andjor
operation of said system, which policy or policies shall be
approved by the Council. Such liability policy or policies
shall be in the sum of Fifty Thousand Dollars ($50,000.00) for
damage to property in any one accident, and not less than One
Hundred Thousand Dollars ($100,000.00) for injury or death to
any one person, and not less than the sum of Three Hundred
Thousand Dollars ($300,000.00) for death or injury to all per-
sons affected by any one accident, and not less than Five Hundred
Thousand Dollars ($500,000.00) for the infringement of copyrights
arising from the operation of the Company' s system in this City.
The Company shall also carry Workmen' s Compensation coverage for
all of its employees subject to such coverage, and shall submit
to the City Clerk a certificate of insurance showing that Work-
men' s Compensation coverage is in effect.
Section 10. LICENSE NON-ASSIGNABLE. The Company
shall not assign, or attempt to assign its right, privilege and
license to construct, operate and maintain a microwave community
antenna television' s system within this City, as granted by this
ordinance, without the prior approval of the City Council
expressed by ordinance approving such proposed assignment.,
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Should the Company desire to transfer this license,
a joint application to transfer shall be filed by the Company ,
and the proposed transferee with the Clerk of the City at least
ninety (90) days prior to the intended date of transfer. The
transfer application shall contain: (1) the names and addresses
of the parties thereto. (2) the kind of business organization
of the transferee. (3) if incorporated, a copy of transferee' s
articles of incorporation, the names and addresses of all
officers and directors of the transferee, and the names and
addresses of all shareholders of transferee, and the number
of shares held by each. (4) if the transferee is an association
or partnership, a written copy of said articles of association
or partnership, showing the names, addresses and interests of
all parties thereto. (5) the consideration to be paid for the
assignment:,of said license and the method of payment thereof.
(6) a financial statement of the transferee prepared by a
reputable certified public accountant. (7) a detailed analysis
of the net worth of the transferor' s system and facilities
under this license properly documented and prepared by a
reputable certified public accountant, and (S) such additional
information as the City Council shall require.
Section 11. The Company represents that it is a
wholly owned sussidiary of Gulf & Western Industries. The parent
company shall not sell, transfer or .merge the Company other
than to another wholly owned subsidiary, except upon application
in writing to, and with the subsequent approval o£, the City
Council.
Section 12. The Company shall maintain all permits,
certificates of approval, or licenses from federal, state,
municipal or other governmental authorities necessary to main-
tain and operate its system and will comply with the regulations
of all federal, state and local agencies including the Federal
:ommunications Commission and Federal Aviation Agency.
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Section 13. The Company may offer the following
channels on the cable system for the basic charges set forth -
CABLE
NETWORK CHANNEL
STATION LOCATION AFFILIATION NUMBER
KTVI-2 St. Louis ABC 2
wDAF-4 Kansas City NBC 3
KMOX-4 St. Louis CBS 4
KSD-5 St. Louis NBC 5
KCMO--5 Kansas City CBS 6
KOMU-8 Columbia NBC / ABC 8
KETC-9 S:t. Louis Educational 9
KMBC-9 Kansas City ABC 10
KPLR-11 St. Louis Independent 11
KRCG-13 Jefferson CBS / ABC 12
City
The Company may preempt the program on any channel for viewing
Of special or originated programs where the interrupted program
is a duplicate of another channel selection. Additional
programming may be offered by the Company.
Section 14. The Company may charge the following
rates:
Single family residence, initial set $4.50/month
Each additional hookup 1.00/month
Multiple hookup rates, initial set 4.50/month
for commercial 2 to 19 sets 1.00/month each
hotels, motels, etc. 20 to 49 sets .90/month each
50 to 99 sets .80/month each
100 sets .70/month each
Apartment buildings, mobile home parks:
Initial hookup per apartment building
or mobile home park $4. 50/month
Additional hookups in the same
building or mobile home park 2.50/month per set
Additional sets in the same apart-
ment or mobile home 1.00/month
Initial installation 15.00
Relocation of cables 7.00
Moving outlets, transfers & .
reconnections : 5.00
Additional charges for services not covered by this ordinance
shall be as, the Company shall determine. All service calls for
service on any cable defects or hookups shall be free of charge
to the customer.'`
The Company shall install service to any customer within
the City who is located within 500 feet of the cable system, all
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)ther subscribers may incur additional charges for hookup which
shall be negotiated between the Company and the subscriber.
Section 15. SERVICE TO SaiOOLS AND PUBLIC BUILDINGS.
The Company shall furnish its service free of charge to all
public, private and parochial schools as well as public buildings
and facilities in . the City. Major trunk and distribution cables
will be routed near these installations, where possible, or
where the cable system is in the area, feeder lines will be
extended to a service point outside the school or public
building. All attachments to schools and public buildings and
facilities shall be at the Company' s expense, but distribution
of the system within these buildings shall be at the expense
of the schools or responsible public agencies. It is further
understood that service to schools and public buildings and
facilities will be supplied in a logical extension of the
system into each area rather than construction specifically
serving a school, because of the cost and extended time
required to build a complete system.
The Company shall, as requested by the City in each
specific instance, provide the use of one or more video and/or
audio channel (s) to permit fire, police, civil defense and
municipal authorities to make official public emergency
announcements. Such TV camera equipment, microphone (s) , and
other essential program origination equipment, if any, as is
regularly in use at .the Company' s control center or head.-end,
and such technicians, if any, who are normally present at the
Company' s control center or head-end at the time of the official
public emergency announcement is made, shall be available to
such authority or authorities without charge to the City.
Section 16. SYSTEM MAP. The Company shall file a
system map with the Director of Public Works, updated every
three (3) months, showing all facilities of the Company in the
City.
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F
AOL Section 17. FM RADIO SIGNALS. The Company shall make
available to each subscriber of its microwave community antenna
television service one (1) FM hookup without any additional
charge to the subscriber. where a subscriber wishes only FM
radio signals and not television service the Company may charge
for such service.
Section 18. The Company may offer such programming
as is reasonably available but not less than two (2) Kansas
City channels and three (3) St. Louis channels. The Company
may offer more channels if they are technically available, or
other services; however, subscribers shall be able to obtain
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the present channels, or their equivalent, for the basic
monthly charge set forth in this ordinance.
Section 19. FRANCHISE FEE. The Company shall pay
to the City for the privilege of operating a microwave
community antenna television system under this license a sum
equivalent to five percent (5/0) of the annual gross operating
revenues taken in and received by it on all .rental sales of
its service within the City, or Ten Thousand Dollars ($10,000.00) ,
whichever is greater. The payment shall be due on February 1 of
each year that the license is in effect or the system is
operated through cables and facilities located on city property
and right of way. Concurrently with the payment of the franchise
fee each year, the Company shall file with the City Clerk a
verified statement listing its total number or subscribers and
total gross revenues for the preceding license year, and such
statement shall be audited by a reputable certified public
accountant.
Section 20. BOND. The Company shall furnish a good
and sufficient surety bond in the sum of Fifty Thousand
Dollars ($50,000.00) executed by a surety company, authorized
to do business as such in the State of Missouri, which bond
shall be for the duration of this license and shall be given
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AN as a guarantee that the Company will properly furnish and
maintain in the community antenna television service authorized
hereunder and give such service to any member of the public
within the City who pays the appropriate charges, and that the
Company shall comply with all the terms and provisions of this
license. Said bond must be approved as to 'form by the City
Attorney and filed with the City Clerk, and any person protected
by such bond, and aggrieved by the action of the Company, shall
have the right of action upon the bond in the name of the City
for the damage he may have suffered. Upon the payment, by
reason of liability, upon any bond, a new bond, equal to the
former one, must be furnished to a condition to continuance
of this license.
Section 21. OPTION TO PURCHASE,. The City shall
have, and hereby reserves to itself, the right to purchase the
Company' s microwave community antenna television system at the
end of the license term upon written notice of its intention
to do so being given to the Company at lease one (1) full year
prior to the expiration of the license term. The purchase
price to be paid shall be negotiated by the City and the Company.
If the City and the Company are unable to agree: upon the pur-
chase price within six (6) months from the date the City gives
Company written notice of its intention to pur:chase;-the system,
then the City and the Company no .Later than five (5) months
prior to the expiration of the license, term shall each select
an appraiser, and the appraisers selected by thenn shall select
a third appraiser, and the purchase price to be paid shall be
determined by a majority of the three appraisers. If the
Company fails to select an appraiser by the time specified, the
City shall be entitled to select the initial two appraisers.
If the initial appraisers selected by the City and the Company
cannot agree on a third appraiser with thirty (30) days from
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their own selection, the Circuit Judge of Cole County, Missouri,
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shall select the third appraiser upon written request of either
the City or the Company. The report of the appraisers shall
be made within sixty (60) days from their appointment and
shall be filed with the City Clerk and with the Company. The
City shall have ninety (90) days to approve said report and
pay the Company the purchase price specified therein, or to
reject said report. If the City rejects the report, its right
to purchase the Company' s system shall immediately terminate.
If the City approves the report, then upon payment of the
purchase price, the Company shall execute all deeds, instruments
and documents as City deems necessary in order to transfer
title to all of the Company's facilities to the City.
Section 22. FORFEITURE. In the event that the
Company violates any of the provisions of this license, the City
shall give notice to Company of such violation, and if such
is not corrected within the time specified in said notice, or
if no time is specified, within thirty (30) days from the date
of the notice, then the City may declare a forfeiture of this
license and revoke same, and if such forfeiture is declared,
the Company shall remove all facilities in the City built..and
operated pursuant to this license..
Am Section 23. MITTEN ACCEPTANCE. The Company shall
within ten (10) days after this ordinance becomes effective,
file in the office of the Clerk of the City a written acceptance
of this ordinance in form approved by the City Attorney.
Failure on the part of the Company to file such written
acceptance within such time shall be deemed an abandonment and
rejection of the rights and privileges conferred hereby, and
this ordinance shall thereupon be null and void. Said
acceptance shall be unqualified and shall be construed to be an
acceptance of all the terras, conditions and restrictions con-
tained in this ordinance.
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Section 24. UNCONSTITUTIONALITY CLAUSE. The
invalidity of any section, paragraph, subparagraph, sentence,
clause or other part of this ordinance shall not affect the
validity of any other part of this ordinance which can be
given effect without such invalid part or parts.
Section 25. Ordinance 7974 and 8225 are specifically,
repealed and this ordinance shall be substitute therefor.
Section 26. EFFECTIVE DATE. The effective date
of this license shall be the day of the passage and approval
of this ordinance.
Passed: Approved
P e ent of the .count M o
Attest:
City. Cl r7c
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