Loading...
HomeMy WebLinkAboutOrdinance 1808 ORDINANCE NO . FOO ° AN ORDINANCE GRANTING A FRANCHISE TO T) IFTIELVIION COMMU - NICATIONS CORPORATION , A DELAWARE CORP OtkTI;ON;;_,tb S , S=UCCESSORS AND ASSIGNS , TO OPERATE AND MAINTAIN A COMMUNIT% .-, ITkEL;EVCC,L,11 ION SYSTEM IN THE CITY ; SETTING FORTH CONDITIONS ACCOMP '. YPN6 � fHE GRANT OF FRANCHISE ; PROVIDING FOR CITY REGULATION AND USE OF THE COMMUNITY TELEVISION SYSTEM ; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS . BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : Section 1 . Short TitZe . This Ordinance shall be known and may be cited as the " Television Communications Corporation Franchise Ordinance . " Section 2 . Definitions . For the purposes 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 . ( 1 ) "City " is the City of Fayetteville , Arkansas . ( 2 ) " Company " is the Grantee of Rights under this franchise . ( 3 ) " Board " is the Board of Directors ( or other body in which the legislative power vests ) of the City of Fayetteville , Arkansas . ( 4) " Person" is any person , firm , partnership , association , corporation , company or organization of any kind . ( S ) "Community television system " is the transmission and distribution for compensation to the inhabitants of the City of electromagnetic signals , including signals carrying F . M . radio or television programs , or both . ( 6 ) " Programs " are any type of audio or visual information whether created by the Company or others . Section 3 . Grant of Authority . There is hereby granted by the City to the Company the right and privilege to construct , erect , operate and maintain in , upon , across , along , above , over and under the streets , alleys , public ways and public places now laid out or dedicated , and all extensions thereof , and addi - tions thereto , in the City , poles , wires , cables , underground conduits , manholes and other television conductors and fixtures necessary for the maintenance and operation in the City of a community television system for the interception , sale and dis - tribution of television signals . MICROFILMED p OCT 1 2 1970 DEED Sol6 FACE2, 9S REEL 2 ( 1 ) Exclusive Grant . The right to use and occupy said streets , alleys , public ways and places for the purposes herein set forth shall be exclusive . How - ever , the City reserves the right to grant a similar use of said streets , alleys , public ways and places to any person for the use of other utilities at any time during the period of this franchise . Section 4 . Compliance with Applicable Lams and Ordinances . The company shall , at all times during the life of this franchise , be subject to all lawful exercise of the police power by the City , and to such reasonable regulation as the City shall hereafter by Resolution or Ordinance provide . Section S . Company Liability - indemnification . It is expressly understood and agreed by and between the company and the City that the company shall save the City harmless from all loss sustained by the City on account of any suit , judgment , execution , claim or demand whatsoever , resulting from negligence on the part of the company in the construction , operation or maintenance of its television system in the City . The City shall notify the company ' s representative in the City within ten ( 10 ) days after the presentation of any claim or demand , either by suit or otherwise , made against the City on account of any negligence as aforesaid on the part of the company . Section 6 . Service Standards . The company shall maintain and operate its system and render sufficient service in accordance with the rules and regulations as are or may be , set forth by the Board as provided for in Section 12 of this Ordinance . ( 1 ) Notice of Interruption for Repairs . Whenever it is necessary to shut off or interrupt service for the purpose of making repairs , adjustments , or installations , the company shall do so at such times as will cause least amount of inconvenience to its customers , , and unless interruption is unforeseen and immediately necessary it shall give reasonable notice thereof to its customers . Section 7 . Company Rules . The company shall have the authority to promulgate such rules , regulations , terms and con - ditions governing the conduct of its business as shall be reasonably necessary to enable the company to exercise its rights and perform its obligations under this franchise , and to assure the uninterrupted service to each and all of its customers . Provided , however , that such rules , regulations , terms and conditions shall not be in conflict with the provisions hereof or of the laws of the State of Arkansas or Federal laws or regulations . DEED K6 FADE '493 3 Section 8 . Conditions on Street Occupancy . ( 1 ) Use . All transmission and distribution structures , lines and equipment erected by the company within the City shall be so located as to cause minimum inter - ference with the proper use of streets , alleys and other public ways and places , and to cause minimum interference with the rights or reasonable conven - ience of property owners who adjoin any of said streets , alleys or other public ways and places . ( 2 ) Restoration . In case of any disturbance of pavement , sidewalk , driveway , or other surface , the company shall at its own cost and expense and in a manner approved by the duly authorized representative of the City Manager , replace and restore all paving , sidewalk , driveway or surface of any street or alley disturbed , in as good condition as before said work was commenced , and shall maintain the restoration in an approved condition for a period of one ( 1 ) year . ( 3 ) Relocation . In event that at any time during the period of this franchise the City shall lawfully elect to alter or change the grade of , any street , alley or other public way , the company , upon reason - able notice by the City shall remove , relay , and relocate its poles , wires , cables , underground con - duits , manholes and other telephone or television fixtures at its own expense . ( 4 ) Placement of Fixtures . The company shall not place poles or other fixtures where the same will interfere with any gas , electric or telephone fixture , water hydrant or main , and all such poles or other fixtures placed in any street shall be placed at the outer edge of the sidewalk and inside the curbline , and those placed in alleys shall be placed close to the line of the lot abutting on said alley , and then in such a manner as not to interfere with the usual travel of said streets , alleys , and public ways . ( S ) Temporary Removal of Wire for Building Moving . The company shall , on the request of any person holding a Building Moving Permit issued by the City , temporarily raise or lower its wires to permit the moving of buildings . The expense of such temporary removal , raising or lowering of wires shall be paid by the person requesting the same , and company shall have the authority to require such payment in advance . The company shall be given not less than forty - eight hours advance notice to arrange for such temporary wire changes . pp DEED 816 FACE300 4 ( 6 ) Tree Trimming . The company shall have the authority to trim trees upon and overhanging streets , alleys sidewalks and public places of the City so as to prevent the branches of such trees from coming in contact with the wires and cables of the company . All trimming is to be done under the supervision and direction of the City and at the expense of the company . Section 9 . Preferential or Discriminatory Practices Prohibited . The company shall not , as to rates , charges , service facilities , rules , regulations , or in any other respect , make or grant any preference or advantage to any person , nor subject any person to any prejudice or disadvantage , provided that nothing in this franchise shall be deemed to prohibit the establishment of a graduated scale of charges and classified rates schedule to which any customer coming within such class - ificaiton would be entitled . Section 10 . Extension Policy . The company shall file with the City Clerk its extension policy as filed with , and approved by , the Board and the company shall not make or refuse to make any extension except as permitted by this Ordinance . Section 11 . Approval of Transfer . The company shall not sell or transfer its plant or system to another nor transfer any right under this franchise to another without Board approval . Provided , that no sale or transfer shall be effective until the vendee , assignee or lessee has filed in the office of the City Clerk an instrument , duly executed , reciting the fact of such sale , assignment or lease , accepting the terms of the franchise , and agreeing to perform all the conditions thereof . Section 12 . City Rights in Franchise . ( 1 ) City Rules . The right is hereby reserved to the City to adopt , in addition to the provisions herein contained and existing applicable ordinances , such additional regulations as it shall find necessary in the exercise of the police power , provided that such regulations , by Ordinance or otherwise , shall be reasonable , and not in conflict with the rights herein granted , and shall not be in conflict with the laws of the State of Arkansas , Federal laws or regulations . ( 2 ) Use of System by City . The City shall have the right , during the life of this franchise , free of charge , where aerial construction exist , of maintaining upon the poles of the company within the City limits wire 9EED 8 1G PAGE 301 S and pole fixtures necessary for a police and fire alarm system , such wires and fixtures to be con - structed and maintained to the satisfaction of the company and in accordance with its specification . (A ) Compliance with Company Rules • The City in its use and maintenance of such wires and fixtures , shall at all times comply with the rules and regulations of the company so that there may be minimum danger of contact or conflict between the wires and fixtures of the company and the wires and fixtures used by the City . ( B ) Liability . The City shall be solely responsible for all damage to persons or property arising out of the construction or maintenance of said wires and fixtures authorized by this section and shall save the company harmless from all claims and demands whatsoever arising out of the attachment , maintenance , change or removal of said wires and fixtures to the poles of the company . In case of rearrangement of the company plant or removal of poles or fix - tures the City shall save the company harmless from any damage to persons or property arising out of the removal or construction of its wires or other fixtures . ( C ) Other Use . In consideration for the granting of this franchise to the company , as aforesaid , the company will furnish , during the term of this franchise , without installation charge or monthly service fee , service to Primary and Secondary Schools , Fire Stations , Police Stations , City Administration Building , City Hospital and Washington General Hospital , provided , however , that no resale of said service shall be permitted without the consent of the City and of the company . The company will also furnish to the City when requested to do so , one channel for community information programs with all necessary equipment and facilities including but not limited to a suitable studio sufficient to originate and broadcast community information programs at no cost to City . DEED 810 PAGE302 6 ( 3 ) Supervision and Inspection . The City shall have the right to supervise all construction or installation work performed subject to the provisions of this Ordinance and to make such inspections as it shall find necessary to insure compliance with governing ordinances . Section 13 . Payment to City . The Company shall pay to the City for the privilege of operating a community antenna television system under this franchise a sum equivalent to two per cent ( 2 % ) of the annual gross operating revenues taken in and received by it on all operations within the City . Said payment by Company to City shall be at the rate aforesaid during the principal term of this franchise . Should Company elect to renew this franchise as provided in Section 16 of this Ordinance , payments to the City shall continue at the rate provided herein unless the City gives notice to Company at least sixty ( 60 ) days prior to the end of any calendar year during the extended term of this franchise . If said notice is given to Company , the Company agrees to negotiate with the City for any proposed levy of a franchise tax for the privilege of operating in the corporate limits of the City pursuant to said franchise . Pro - vided , however , that any franchise tax in excess of 2 % may be passed on directly to the user at the sole option of the Company . Section 14 . Rates . Rates charged by the Company for service hereunder shall be fair and reasonable and designated to meet all necessary costs of the service , including a fair rate of return on the value of the system as a going concern , under efficient and economical management . The Company agrees that it shall be subject to all authority now or hereafter possessed by the City , or any other regulatory body having competent jurisdiction , to fix just , reasonable and compensatory television signal distribution rates . When this franchise takes effect the Company shall have the authority to charge and collect rates not to exceed the schedule of rates attached hereto , designated schedule "A" , and made a part hereof which shall be in effect until changed or modified in accordance with the general standard set out in this section . Section 15 . Records and Reports . The City shall have access at all reasonable hours to all of the Company ' s plans , contracts , and engineering , accounting , financial , statistical , customer and service records relating to the property and the operation of the Company and to all other records required to be kept hereunder . The following records and reports shall be filed with the City Clerk and in the local office of the Company : DEED (SiG PAGE303 7 ( 1) Company Rules and Regulations . Copies of such rules , regulations , terms , and conditions adopted by the Company for the conduct of its business . ( 2 ) Cross Revenue . An annual summary report certified correct by an independent certified public accounting firm showing gross revenues received by the Company from its operation within the City during the preceding year . Section 16 . Term of Franchise . The franchise and rights herein granted shall take effect and be in force from and after the final passage hereof , as required by law , and upon filing of acceptance by the Company with the City Clerk , and shall continue in force and effect until July 7 , 1977 . The Company , its successors , lessees , or assigns , are hereby granted an option to renew this franchise at the end of said term for a period of twenty five ( 25 ) years provided notice of said renewal is given to the City thirty ( 30 ) days prior to the expiration of the fran - chise grant hereunder . Section 17 . Publication Costs . The Company shall assume the cost of publication of this franchise as such publication is required by law . A bill for publication cost shall be pre - sented to the Company by the City Controller upon the Company ' s filing of acceptance and shall be paid at that time . Section 18 . Penalties . Violation by the Company , its vendee , lessee or successor of the provisions of this franchise or any material portions thereof , or the failure promptly to perform any of the provisions thereof , shall be cause for the forfeiture of this franchise and all rights hereunder to the City after written notice to the Company and continuation of such violation , failure or default . Section 19 . Separability . If any section , subsection , sentence , clause , or phrase of this Ordinance is for any reason declared unconstitutional or invalid , such decision shall not affect the validity of the remaining portions of this Ordinance . Section 20 . Ordinances Repealed . That all Ordinances and parts of Ordinances in conflict herewith are hereby repealed ; DEED 810 PAGE 3'14 8 provided specifically that Ordinance No . 1028 , 1146 and 1404 and Resolution No . 12 - 59 are hereby repealed . Section 21 . Emergency Clause . That this action being necessary for the preservation of public health , peace , and pro - sperity , safety , order , comfort , and convenience of the City of Fayetteville , Arkansas , and the inhabitants thereof , an emergency is hereby declared to exist and this Ordinance shall take effect and be in force from and after August 2 , 1971 . PASSED AND APPROVED this /1A�( day of eZW&4e , 1971 . APPROVED : ay or ATTEST : City Cler DEED � �'� PAGE305 SCHEDULE "A" The company may charge no more than the following rates for its services : Residential Rates : (Monthly rate for single family dwelling houses , duplexs , apartment , mobile homes and similar dwellings . This rate is also applicable to . commercial . establishment where service is for sole use of proprietor or his employees or : agents ) . One service outlet $ 5 . 0.0 Two service outlets 6 . 00 Each additional outlet or service jack . 50 Commercial Rates : (For business engaged in sale or repair of television receivers - monthly rate ) One service outlet $ 6 . 50 (No additional monthly charge for -. additional outlets or service jacks in reasonable quanity for display of sets or repair purposes . Additional outlets as required may be installed by customer or will be installed by Trans - Video on a " time and material " basis ) Monthly rate for Hotels , Motels , Rooming Houses (where on - premises meal preperation not permitted as distinguished from apartment houses ) , Fraternities , Sororities , Dormitories and similar uses . One service outlet $ 6 • SO Each additional outlet or service jack 1 . 00 DEED 80 PAA06 SCHEDULE "A" PAGE TWO Special service Rates : Connection Fee $ 4 . 50 Relocation Fee 4 . 50 (To move from one apartment to another apartment or from house to house or similar relocation ) Re - Connection Fee (Where service has been temporarily disconnected voluntarily by customer ) 4 . 50 Re - Connection Fee (NON PAY ) (Where service has been terminated by company for non payment of 7 . 50 monthly service fee ) All money due company from previous use must be paid in full in advance in addition to Re - Connection Fee (NON PAY ) F . M . Connection Fee (For F . M . or Stereo service in location other than location of T . V . reciever ) 7 . 50 Inside move Fee ( To relocate service outlet within same building ) 4 . 50 Special service other than the above will be negotiated by the company and the customer with charges to be based on a " time and material " basis . APPROVED by the Board of Directors of the City of Fayetteville , Arkansas at its regular meeting of August 2 , 1971 . o etta Moore , city er DEED 8i © PAGE301 CERTIFICATE STATE OF ARKANSAS CITY OF FAYETTEVILLE I . LOVETTA MOORE , City Clerk within and for the City of Fayetteville , Arkansas , do hereby certify that the annexed and foregoing is a true and correct copy oftheFayetteville , Arkansas , &L&4c ex- / !B. 400 therein set forth , and the same is as it �appears of Record in ©1444%&& (,(4 / AQ.99.®1!t.�lfB1_ �¢ Volume .'4L at PagES4- /2$ thereof . IN WITNESS WHEREOF , I have hereunto set my hand and affixed my official seal this 11'�i day of 19 OIOGI.E'.(.C�c �BBZ¢. CITY CLERK �F r � f / P DEED 816 PACE 308 CERTIFICATE OF RECORD AMI OF. ARKANSAS J MleshinRt6n.County ., LPJma L Kollm0er, Circuit Clerk and Ex-Officio Recorder for MfasbinFRon County, do.h'ereby certify that the annexed or fore: Soinglagrimentwas filed for record_in my office on the a ay, 192Zat�o'clocklm and the saRle Is Vuly recorddd in record &/L atpag9o2�;;y� "Oss my hand and seal ti is, (,Qday of 19 'Y/ R ALMA wnj I M FR Circuit Clerk and Ex-Officio Recorded "�.. BY Deputy. Clerk