HomeMy Public PortalAboutOrd 279 Franchise Cablevision
(First Published in the au V'~ 'J1~
on the ..<S day of tJ ~ ' 1 96.)
/
THE CITY OF BEL AIRE, KANSAS
ORDINANCE NO. ;<? 'j
AN ORDINANCE GRANTING A 15- YEAR NON-EXCLUSIVE
FRANCHISE TO MULTIMEDIA CABLEVISION, INC., ITS
SUCCESSORS AND ASSIGNS TO CONSTRUCT, OPERATE,
AND MAINTAIN A CABLE TELEVISION SYSTEM WITHIN
THE CITY OF BEL AIRE, KANSAS AND REPEALING
ORDINANCES NUMBER 1 AND 271.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE, KANSAS:
Section 1.
Definitions
F or the purpose of this Ordinance the following terms, phrases, words and their
derivations shall have the meaning given herein. When not inconsistent with the context, words
used in the present tense include the future; words 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.
(A) "FCC" is the Federal Communications Commission.
(B) "Multimedia" is Multimedia Cablevision, Inc., a South Carolina corporation.
(C) "City" is the City of Bel Aire.
(D) "Person" is any person, firm, partnership, association, corporation, company or
organization of any kind.
(E) "Broadband Telecommunication Network" ("BTN") or "System" shall mean all of
the component, physical, operational and programming elements of any network of cable, optical
electrical or electronic equipment, designed, constructed, wired or used for the purpose of
producing, receiving, amplifying and transmitting by coaxial cable, fiber optics, microwave or
other means audio and/or audio/visual electrical impulses of television, radio and other
intelligences either analog or digital, including the cable television system, for sale or use by the
inhabitants and businesses of the City, including without limitation antenna, cable, fiber, wires,
lines, towers, amplifiers, conductors, converters, equipment and facilities.
(F) "Gross Annual Receipts" shall mean any and all revenues from cable television
subscribers for furnishing or selling cable television programming services provided through the
BTN in the City of Bel Aire. Any taxes or fees on services furnished by Multimedia herein
imposed directly or indirectly on any subscriber by any state, city or other governmental unit or
third party and collected by Multimedia on behalf of such entity are excluded.
Section 2.
Grant
(A) Multimedia is hereby granted the nonexclusive right to construct on, through,
along, under and over the streets, highways, easements, rights of way, and other public places of
the City of Bel Aire, a distribution system for the BTN which system is to include, but not
necessarily be limited to, a line or lines of wire, cables, fiber, or other conductors, together with
all necessary feeders or service wires, poles and other attachments, devices or apparatus necessary
to or usually used in connection with such a system; to maintain and keep the system in proper
condition after its construction; and to operate the system in the usual and customary manner.
(B) This franchise includes the right for Multimedia to make such contracts as it deems
necessary and proper and is able to negotiate with those public utilities and service corporations
already holding franchises from the City of Bel Aire, permitting it to use the existing utility poles
and facilities for its installation and to erect any necessary poles and facilities for its own exclusive
use.
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Section 3.
Construction Standards
(A) All work performed in the construction, operation, maintenance and repair of the
system shall be performed in a safe, thorough and reliable manner using materials of good and
durable quality. All construction, including installation, shall conform to all applicable federal and
state laws and regulations, ordinances, local laws and regulations and the National Electric Safety
Code. The Corporation shall provide to the City, all maps, plans and specifications as to
proposed installations and shall keep the City informed as to any proposed changes or alterations
m same.
(B) Any property damaged or destroyed by Multimedia shall be repaired or replaced by
Multimedia and reasonably restored to its pre-existing condition.
(C) Multimedia shall have the authority to trim trees upon and overhanging all streets,
alleys, easements, sidewalks and other public places so as to prevent the branches of such trees
form coming into contact with the facilities of Multimedia.
(D) Multimedia shall, upon seventy-two (72) hours advance written notice, from any
person holding an appropriate permit issued by the City, temporarily raise or lower its lines to
permit the moving of any building or structure. The actual expense of such temporary removal
shall be paid by the person requesting the same and Multimedia shall have the right to require
payment in advance for such temporary removal.
Section 4.
Indemnification and Insurance
(A) Multimedia shall at all times indemnify the City and the individual members of the
City's Governing Body from any actions, suits, damages, costs, charges or expenses resulting
from the location, maintenance or operation of the BTN in the City.
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(B) Grantee shall keep the system and system facilities continuously insured against
such risks as are customarily insured against by businesses of like size and type, including but not
limited to:
1. Liability insurance for bodily injury including death with limits of at least
$2,000,000 per occurrence and with single limits of at least $500,000 per
occurrence for property damage including loss of use occurring on, arising
out of or in any way related to the system and system facilities.
2. Workmen's Compensation Insurance of statutory limits and Employer's
Liability Insurance with limits of not less than $100,000.
3. Comprehensive Automobile Liability Insurance of at least $500,000 per
occurrence and with single limits of at least $500,000 per occurrence for
property damage including loss of use occurring on, arising out of, or in
any way related to the system and system facilities.
(C) A certificate evidencing the above required coverages shall be submitted to the
City of Bel Aire within thirty (30) days after the final effective date of this Ordinance. The
certificate shall provide at least thirty (30) days advance written notice to the City of any
cancellation, reduction, or nonrenewal of coverage.
Section 5.
Services
(A) Upon request, Multimedia shall provide to the City one (1) cable outlet with free
installation and free montWy basic service to City owned buildings and public schools within a
serviceable area. Multimedia shall not be responsible for internal wiring of these said locations.
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Section 6.
Franchise Fee
(A) Multimedia shall remit annually three percent (3%) of its gross annual receipts, as
defined in Section 1 (F) hereof, derived in such twelve-month period from its cable television
operations in the City of Bel Aire.
(B) The aforesaid payments shall be made to the City of Bel Aire, without demand,
annually, no later than 60 days after the end of each calendar year. Multimedia shall keep an
accurate record of its gross annual receipts during the twelve month period.
Section 7.
Service Procedures
Multimedia shall maintain a (toll free) phone number for the purpose of receiving orders
for service and resolving all complaints regarding the quality of service, equipment malfunctions
and similar matters for prompt resolution.
Section 8.
Discrimination Prohibited
Multimedia shall not refuse to hire or employ, nor bar or discharge from employment, nor
unlawfully discriminate against any person in terms, conditions or privileges of employment
because of age, race, creed, color, national origin or sex.
Section 9.
Abandonment of Service
Multimedia shall not abandon any service or any portion thereof without the written
consent to the City.
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Section 10. Books and Records
The City reserves the right to inspect all pertinent books, records, maps, plans, financial
statements and other like materials of Multimedia, upon reasonable notice and during regular
business hours.
Section 11. Reservation of Rights
The City reserves the right to adopt, in addition to the provisions contained in the
franchise ordinance and existing applicable ordinances, such additional regulations as it shall find
necessary in the exercise of its police power; provided, however, that such regulations shall be
reasonable and not materially in conflict with the rights and privileges granted in the ordinance, or
with any provision of federal law.
Section 12. Term
This Ordinance shall remain in full force and effect for a period of fifteen (15) years from
the effective date hereof Thereafter renewal of the ordinance shall be governed by applicable
federal and, to the extent not inconsistent therewith, state law.
Section 13. Governing Law
This Ordinance is subject to all applicable provisions of the Communications Act of 1934,
as amended, and regulations promulgated by the FCC pursuant thereto, as well as state laws or
regulations governing cable television operations not inconsistent therewith.
Section 14. Separability
If any section, subsection, sentence, clause, phrase, or portion of this franchise ordinance
is for any reason held invalid by any court or agency of competent jurisdiction, such portion shall
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be deemed a separate, distinct and independent provision and such holding shall not affect the
validity of the remaining portions of the franchise ordinance.
Section 15. Successors and Assigns
The rights and privileges and all of the obligations, duties and liabilities created by this
Ordinance shall pass to and be binding upon the successors of the City and the successors and
assigns of Multimedia.
Section 16. Repeal of Ordinance 1
Ordinance 1 is hereby repealed.
Section 17. Effective Date
This Ordinance shall take effect and be in force from and after its publication in the official
city newspaper.
.. ",;~s.~ed by the City Council this / !.:z:i day of r;1 ~
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.~:~>(')>N~rp~fil ~ the Mayor this I/:ti day of 77
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,1996.
,1996.
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MAYOR, HAROLD A. SMITH
ATTEST:
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CITY CLERK, SHERR YL L. CUTTER
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Accepted this ;.G' day of h
MULTIMEDIA CABLEVISION, INC.
By: ~.{ r; l~
Name: ,t.t. r~-i C-.. &'U,i^TU S
Title: Pt'e-1;./L~
, 19 96.
ATTEST:
O:2'4Y
Sc.cretary V.. l ~ J?... ~ S " J ~ .... t
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