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HomeMy Public PortalAboutORD07974 r . i AMENDED BILL NO. INTRODUCED BY COUNCILMEN:,_ �`� ,.✓ • .� ,�_,,,/ ORDINANCE NO. 7T ZAP AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI: GRANTING A LICENSE TO`fNTERNATIONAL 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: Section 1. TITLE. This ordinance shall be known, and may be cited, as "The Community Antenna Television Ordinance of the City of Jefferson, Missouri". Section 2. DEFINITIONS. For the purposes of this ordinance, the following terms, phrases, words, and their derivations shall have the mean- ings given herein. Where not 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 may 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, corpora- tion, company or organization of any kind. Section 3. GRANT OF AUTHORITY. There is hereby granted by the City to the Company the right, privilege and license to construct, operate and maintain a microwave community antenna television system for the reception and amplification of the signals transmitting programs broadcast by one or more television or radio stations , and the redistribution of such signals by wire or cable to subscribing members of the public for a fee, for a period of ten (10) years from and after the effective date hereof. The right of the Company to operate and maintain a community antenna television system of -air" is expressly y prohibited.the kind or t ype commonl y referred to as "off } Nothing herein shall be construed as a grant of authority to the Com- pany to originate any programs for pay. The Company is hereby authorized to originate by the use of closed-circuit television a time-weather scan with background FM music provided that no commercial advertising is carried. i Specifically the Company is not authorized to engage in, or authorize the i use of its cables and equipment for, the operation of any program for which selective subscribers to the cable system are charged an additional fee dependent upon whether they elect to view the individual program offered, i or any other programming device which might be known as "pay TV. " 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 person 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 -2- and conditions 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 i expense, and then lease said facilities back to the Company for a consideration. The construction, maintenance and use of the 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 Electrical Code. In 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 Com- pany to make all needed excavations in any of the streets, alleys or public highways for the purpose of placing, laying, maintaining, repairing and re- moving 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 compliancy; with all charter and ordinance provisions re- lating 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 -3- 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 main- tained, 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 workmanship 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 sitch reasonable regulation as the City has heretofore or shall hereafter by resolution or ordinance provide. Section 6. CONTROL OF ELECTRIC CURRENT FACILITIES. The Corn- pany shall provide and put in use such equipment and appliances as shall control and effectually carry all electric currents and television signal im- pulses in a manner so as to prevent injury to the wires ,, pipes, structures and property belonging to the City of Jefferson or any person, firm or corpora- tion 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 ease- ment, or any portion thereof, used by the Company ,hall be vacated by the -4- I TA MME ETRAMM 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 specifically 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 B. 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: INDEMNIFACTION. 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 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 and/or -5� 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 ($50, 000. 00) Dollars for damage to property in any one accident, and not less than One Hundred Thousand ($100, 000. 00) Dollars for injury or :%eath to any one person, and not less than the sum of Three Hundred Thousand ($300, 000. 00) Dollars for death or injury to all persons affected by any one accident, and not less than five hundred thousand ($500, 000. 00) Dollars 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 workmen'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'system within this City, as granted by this ordinance, without the prior approval of the City Council expressed by ordinance approving such proposed assignment. ' i 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 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- . i I (6) a financial statement of the transferee prepared by a reputable certified i public accountant. (7) a detailed analysis of the net worth of the trans- i feror's system and facilities under this license properly documented and i prepared by a reputable certified public accountant, and (8) such additional i information as the City Council shall require. r Section 11. TRANSFER OF STOCK OR PROPERTY PROHIBITED., Neither f the Company nor any of its shareholders shall sell, assign, transfer, give, mortgage, lease, pledge or merge any of the stock or property of the Company, i or attempt to do same, except upon application in writing to, and with the subsequent approval of, the City Council. Section 12. PERMITS AND CERTIFICATES OF APPROVAL. The Company shall obtain all permits or certificates of approval that may be required from federal, state, municipal or other governmental authorities to construct, main- tain and operate a microwave community antenna television system in this city. All applications for such permits or certificates shall be filed by the Company with the appropriate governmental authorities or regulatory agencies within 30 days from the grant and issuance of this license. Failure of the Company to secure all necessary permits and/or certificates required to construct;and operate a microwave community antenna television system in this City within G 1 year from the issuance of this license to the Company shall be grounds for the City to review the efforts of Company in this regard and to cancel and re- voke this license if the City finds that Company has not been diligent in its attempt to secure such permits and/or certificates. Section 13. CHANNEL SELECTION. The selection of channels to be made available to subscribers of the Company's service under this license shall be approved by the City Council, and Company shall be required to obtain approval of the Federal Communications Commission to relay the signals of-at least three channels of St. Louis, Missouri, and two channels from Kansas City, Missouri. -7- t.Y Section 14. COMPANY TO BEGIN OPERATIONS The Company shall begin operations of its system in the City within one year from the date it secures approval from the Federal Communications Commission. Company shall be considered in operation within one year if it has constructed facilities to serve fifty (50%) per cent of all persons who have subscribed for Company's service within a period of six (6) months from the date the Company secures approval from the Federal Communications Commission. The Company shall pay the City one hundred ($100.00) dollars per day for each day that the Company is not in operation at the end of the period of one year mentioned above. The penalty shall be paid upon demand of the City and the bond pro- vided for in Section 24 hereof shall guarantee payment of such penalty. Section 15. RATES. The Company shall charge the following rates for single family residential subscribers:. Monthly charge, initial set. $4. 50 Monthly charge, each additional set $1 . 00 The Company shall file with the City Clerk a schedule of charges for all non-single family residential subscribers which schedule must be approved by the City Council before such charges shall be effective. The Company shall not change any rate of charge during the term of I this license without first obtaining a prior written approval of the City, Council expressed by ordinance . Section 16. INSTALLATION AND RECONNECT CHARGE. The Company shall pay the original installation charge for each subscriber, and the rate of charge for the original installation shall not exceed $17.00. The installation service shall.be provided by a competent television service company to be selected by the subscriber. The Company shall not connect a subscriber's television set to the Company's service facilities. The subscriber shall pay the cost of having his television(s) re- connected to the Company's facilities. The charge for a reconnection shall be determined by the Company with the approval of the City Council. Section 17. SERVICE TO SCHOOLS 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 i Company's expense, but distribution of the system within these buildings i # shall be at the expense of the schools or responsible public agencies. It Is further understood that service to schools and public buildings and facili- ty ties will be supplied in a logical extension of the system into each area ! rather than construction specifically serving a school, because of the cost 4 and extended time required to build a complete system. The Company shall, as requested by the City in each specific instance, E 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 emer- gency announcements . Such TV camera equipment, microphones) 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 i to such authority or authorities without charge to the City. i Section 18. SERVICE CONTRACTS. The Company is expressly pro- hibited from entering into any service contract with any residential subscriber. 3� j Section 19. EXTENSION RULE. , The Company shall file with the City Clerk a rule showing under what conditions Company will extend its service in the City upon request of prospective subscribers. Such extension rule I shall be subject to the approval of the City Council, and upon its approval, Company shall comply with said rule during the term of this license. Section 20. SYSTEM MAP. The Company shall file a system map with • e the Director of Public Works, updated every three months, showing all facilities of the Company in the City. Section 21 . FM RADIO SIGNALS. The Company shall make avail- able to each subscriber of its microwave community attenna television service five FM radio signals without any additional charge to the subscriber. Section 22. CHANNEL ADAPTABILITY. The Company's microwave community antenna television system shall be adaptable initially to a system of at least twelve (12) channels , and further, to a system of in excess of twelve (12) channels if and when more than twelve (12) channels become available. Section 23. 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 (5%) per cent 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 ($10, 000.00) Dollare, whichever is greater. Such payment Shall be made annually during the term of the license. The first payment shall be due within thirty (30) days of the anniversary date of the license and subsequent payments shall be made at the same time in succeeding years. Concurrently with the payment of the franchise fee each EM year, the Company shall file with the City Clerk a verified statement listing VW its total number of subscribers and total gross revenues for the preceding license year, and such statement shall be audited by a reputable certified public accountant. Section 24. BOND. The Company shall furnish a good and sufficient surety bond in the sum of .$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.lie given as a guarantee that the Company will property furnish and maintain the community antenna television service authorized hereunder and give such service to any member of the public within -10- . Y 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 25. 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 least one 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 Com- pany are unable to agree upon the purchase price within six months from the date the City gives Company written notice of its intention to purchase the system, then the City and the Company no later than five months prior to • ' i the expiration of the license term shall each select an appraiser, and the 4 appraisers selected by them 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 within thirty days from their own selection, the Circuit Judge of Cole County, Missouri, shall select the third appY-aiser upon written request of either the City or the Company. The report of the appraisers shall be made within sixty days from their appointment and shall be filed with the City Clerk• and with the Company. The City shall have ninety days to approve said report and pay the Company the purchase price specified therein, or to reject said report. -11� ` EMPORIA I 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 26. 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 violation is not corrected within the time specified in said notice, or if no time is specified, within thirty 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 facili- ties in the City built and operated pursuant to this license. Section 27. WRITTEN ACCEPTANCE. The Company shall within ten 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 there- upon be null and void. Said acceptance shall be unqualified and shall be construed to be an acceptance of all the terms, conditions and restrictions contained in this ordinance. Section 28. 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 29. EFFECTIVE DATE. The effective date of this license shall be the day of the passage and approval of this ordinance. Passed: /,��i ��- 2 Approved: resident of dre- lCouncJ Mayor Attest: ma_ y Clerk ern-' - 12-