Ordinance - 2003 - 452 - Amend Title 6/Amendcable Franchise - 08/12/2003ORIGINAL
Ordinance No. 452
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, AMENDING
TITLE 6, CHAPTER 4, SECTION 6-4-1, SECTION 6-4-2, SECTION 6-4-10(A), AND
SECTION 6-4-16 AND PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAGLE,
IDAHO, as follows:
Section 1: That section 6-4-1, Eagle City Code, be, and is hereby, amended to read as
follows:
6-4-1: DEFINITIONS:
GRANTEE: Unitcd Cable Tclvtici /a Corporation,, c corperctian, drinb
I&lx, ccrd Big Sky CarrrruricrtiicmG, Inc., an Idahe
331Welitiefl7 A Grantee is anv cable television provider, their lawful successors or
assienees of said persons, firms or corporations. to whom or to which franchises under
this chapter are granted by the council, and the lawful successors or assignees of said
persons, firms or corporations.
Section 2: That section 6-4-2, Eagle City Code, be, and is hereby, amended to read as
follows:
6-4-2: GRANT OF AUTHORITY:
There is hereby granted by the city of Eagle, state of Idaho, to .
Ear azaticra, c Dc aware-eerperttdcn, tine Dib fCIty-Cc fLr unrertbMnG, I:.;,., cue
eerporation, anv grantee and their successors and assigns, - - - - -
"Grantee', the right and privilege to constructtoperate and maintain a community antenna
television system within the city for the distribution of television signals, FM radio, or
other services by cable, and to use and occupy the streets and public ways therefore,
subject to the terms, conditions and provisions contained herein. (Ord. 231, 9-21-1993)
Section 3: That section 6-4-10, Eagle City Code, be, and is hereby, amended to read as
follows:
6-4-10(A): RATES AND FEES OF SUBSCRIBERS:
Grantee shall be entitled to charge each customer a rate and/or fee. subiect to change by
Resolution of the Eagle City Council. as follows:
A. Maximum Rates And Fees To Subscribers:
Cl'icrb✓:
a. I : . ' : U.iGhc3 Cc vi✓ Arca:
TV or FM outlet
tlyeau cc ?t",.09
(A) Addition J - _ -
ai. iaterier wc11 20.00
(2) Rcconnec,tien of existing uatkt 2f .00
N,
(A) -Instal -la ct tlr same firm. cs-ether
wart -for e.harge nadc 19:00
(D) alcnc 20.09
(4) Relocate an outlet
(A) At the same timc as otlrr «°crlr for
is irrlr. ter. irettullatierrehargei.G ;ma& 1900
.y 20.00
K:\COUNCIL\Draft Ordinances\Cable Ord amend.doc
(5) Change from one lu. v t scrvicc to anoth it
(6) Transfer from one address to another.
(7) Convertor terrritaa1 do &t
k.
1
-
: .,
(1) Priv ' ,? outl✓
1, or VTR)
(3) Buie eo:.�•„
=urr1) Eerricc:
(4) TV dcele. ;,r lr
fa shop..outleb Free
2. Multii-14. 1 'i. filling Unit Rates: Where a complex oortarr
29700
25.00
25.00
2.11,
2.15
eentraet:
e. In ation-C-harg s:
10 19 ✓eticto (eed:)
50 99 -cutlets -(each)
199 -outlets -and tree)
• • - :
Tim mid. materials
5.75
5.50
c of
1 h) 2.59
50 99 outlets (cac i) 3.21,
1 ci1) 2.00
(3) Conveeear t'
of converter terminals)
--;;.. ;
---
3. City Government And E. uro ti
Within established scrvicc area, 1 outlet at each
✓ailethlg
4. Premium Service: Premium television scrvicc
and othcr rr✓. i i. -
5. Lost Or Damagcd ant -MI cdl Tcrrnintlt
1 ...
•
tl .uagh-negleet•or• abused-tlr ✓aetesxma, nrrmal
-weak cxyvpi...3
b. Ili n 33rriertcr
--rrrrrr1
6. Miscellaneous Charges And Credits:
a. Late fcc if paymcnt is not received by date
--slhcA n cr. tl! J4c4ei rtJr' st�ratcme t
Free
related
kij city
50.00
200.00
5 percent
4 balaria's!:
b. Rcturncd c c1 ( 10.09
c. Collection fcc if disconnection for nonpayment
of e bill ha ve: erkeret Brie tlr 3crviccmaft
reo - - : - - - . - ;. . :: nsx 1r. 'iUa
rf aeteel c iri✓unneetierl 15.00
d. Un-trarr-entee ner'iac mile, in the event a
scrviccmre: it ✓allex '.3 heusa and -ears
sh✓n that the 3an.p'reint is not related to cable TV
K:\COUNCIL\Draft Ordinances\Cable Ord amend.doc
service
e. PrcpayrnCIIt of 1 ycar's chane✓
15.00
10-pereent
full rriJit
1. Single Residential Maximum Rates And Charges:
a. Installation Charges Within Established Service Area:
(1) Installation of new primary TV or FM outlet $50.00
through outside wall or crawlsuace
(A) Additional charge to fish cable through an $50.00
interior wall
(2) Reconnection of existing outlet $40.00
(3) Additional outlet (TV. FM, or VTR)
(A) Installed at the same time as other work for $20.00
which an installation charge is made
(B) Installed alone $50.00
(4) Relocate an outlet
(A) At the same time as other work for $20.00
which an installation charge is made
(B) Relocation only $50.00
(5) Change from one level of service to another Free
(6) Transfer from one address to another $40.00
(7) Converter terminal deposit N/A
b. Monthly Rates. Basic (Non -premium) Service:
(1) Primary TV or FM outlet $37.49
(2) Additional outlet (TV. FM. or VTR) Free
(A) Digital ATO $4.95
(3) Basic converter terminal rental and N/A
maintenance
(4) TV dealer or licensed service shop - 1 drop to N/A
feed all shoe outlets
K:\COUNCIL\Draft Ordinances\Cable Ord amend.doc
2. Multiple Dwelling Unit Rates: Where a complex contains at least 10 units. all of which
are served. and service charges are billed to the complex owner under a service contract.
a. Installation Charges: Time and materials
(Cable remains property of cable company)
b. Monthly Rates. Basic (Non -premium) Service:
(1) Apartments (monthly unit rentals) Minimum $15.00 per unit
10-49 outlets (each)
50-99 outlets (each)
100 outlets and above (each)
(2) Hotels and motels (daily room rentals) Minimum $7.00 per unit
10-49 outlets (each)
50-99 outlets (each)
100 outlets and above (each)
(3) Converter terminal rental and maintenance (each)
(Owner of complex is responsible for safekeeping of converter terminals)
3. City Government And Educational Institutions:
Within established service area. 1 outlet at each Free
building
4. premium Service: Premium television service and
other services not otherwise specified herein
5. Lost Or Damaged Converter Terminal:
a. Repair of a converter terminal damaged through
neglect or abuse by the customer. normal wear
excepted
$100.00
b. Replacement of lost or stolen converter terminal $300.00
c. Replacement of lost or stolen modems $200.00
6. Miscellaneous Charges And Credits:
a. Late fee if payment is not received by date shown $4.95
on the customer's statement
b. Returned check $20.00
c. Collection fee if disconnection for nonpayment of $20.00
a bill has been ordered and the serviceman receives
K:\COUNCIL\Draft Ordinances\Cable Ord amend.doc
Valley Times
P.O. Box 1790
Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
CITY OF E, ,CLE
L 2303
Fler
Rcutt
Account ( a /� identification: ' S 2 — a C,; di -c,
Address: 310 E _ S -f _ Si Run Dates: � �� . (l Z-rtr3
Number Lines y 32 Amount 3 76
Attention: Other
Frank Thomason, being duly swom, deposes
and says: That he is the Principal Clerk of
Valley Times, a weekly newspaper published at
Eagle, Ada County, State of Idaho; that the said
newspaper is in general circulation in the said
County of Ada, and in the vicinity of Meridian,
Star, and Eagle, and has been uninterruptedly
published in said County during a period of
seventy-eight consecutive weeks rior to the first
publication of this notice, a copy of which is attached
hereto, and that the notice was published In
Valley Times, In conformity with Section 60-108,
Idaho Code, as amended, for 1 time(s)
in the regular and entire issue of said paper, and
was printed in the newspaper proper, and not in a
supplement; and that said notice was published
on the following dates:
Beginning - J3
Ending
STATE OF IDAHO )
)SS
COUNTY OF ADA )
4aom°9Pj,°° On this grx. day of a year of 2003
@►RCgU before me, a Notary blic, personally appeared
t- Frank Thomason, known or identified to me to be the person
�' whose name is subscribed to the within instrument,
-ter ARp m9 and being y me first du swo , declared that the
OP* e 4 statements he are true, a ackn ledged to me that
s o L executed the same.
PLY
.'•.;TE,OF�XV .•..
l N ublic for Idaho
R Iding at
My Commn expires:
navment of the outstanding balance in lieu of actual
disconnection
d. Unwarranted service calls, in the event a
serviceman is called to a customer's house and can
show that the complaint is not related to cable TV
service.
N/A
e. Prepayment of 1 year's service charges N/A
Section 4: That section 6-4-16, Eagle City Code, be, and is hereby, amended to read as
follows:
6-4-16: TIME OF CONSTRUCTION:
No later than six (6) months from the date of its franchisc, Big Sky C mmuraieatk i ,
grantee shall commence construction of its cable TV system and shall make service
available to one thousand five hundred (1,500) homes within the boundaries of the city as
they existed in 1980. Within ten (10) years from the date of its franchise, Big Sky
tic iJnG, Inc. grantee must make service available to ninety percent (90%) of
the city's population existing upon such future date.
In the event that Big Sky Cummunie[licrz, Inc. grantee does not perform according to
the provisions of this chapter, the city shall give written notice of the particular items
wherein said grantee has failed to perform and said grantee is hereby given a period of
sixty (60) days to correct the defaults of which the notice complains. If no correction is
made during said period, the grantor may, at its discretion, assess a penalty of twenty five
dollars ($25.00) per day until such default is corrected, or may repeal this chapter.
Provided, however, - : : ' _ ' ' , - - . grantee may petition the grantor
for an extension of time to comply for good cause shown. The determination of what
constitutes good cause shall be determined by the grantor and the decision of said grantor
shall be accepted as final. (Ord. 231, 9-21-1993)
Section 5: This ordinance shall take effect and be in force from and after its passage,
approval, and publication as required by law.
DATED THIS /„Z It day of Lec ,f; 2003.
CITY OF EAGLE
ounty, Idaho
NA CY C.
MA OR
ATTEST:
K:\COUNCI \Draft Ordinances\Cable Ord amend.doc
August 19, 2003
Ordinance No. 452
Valley limes - Legal Notice
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, AMENDING
TITLE 6, CHAPTER 4, SECTION 6-4-1, SECTION 6-4-2, SECTION 6-4-10(A), AND
SECTION 6-4-16 AND PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF FAGLE,
IDAHO, as follows:
Section 1: That section 6-4-1, Eagle City Code, be, and is hereby, amended to read as
follows:
6-4-1: DEFINITIONS:
GRANTEE:
U,iiLd Artists Cobh, of Id.{..., ..1 1b IN‘j 0....:...:.: ✓.:.. , L...., ii. ..l:.. A
Grantee is any cable television provider, their lawful successors or assignees of
said persons, firms or corporations, to whom or to which franchises under this chapter
are granted by the council, and the lawful successors or assignees of said persons, firms or
corporations.
Section 2: That section 6-4-2, Eagle City Code, be, and is hereby, amended to read as
follows:
6-4-2: GRANT OF AUTHORITY:
There is hereby granted by the city of Eagle, state of Idaho, to U.,it.,d Cabl.
any grantee and their successors and assigns,
"Grantee= the right and privilege to construct, operate and maintain a community antenna
television system within the city for the distribution of television signals, FM radio, or other
services by cable, and to use and occupy the streets and public ways therefore, subject to the
terms, conditions and provisions contained herein. (Ord. 231, 9-21-1993)
Section 3: That section 6-4-10, Eagle City Code, be, and is hereby, amended to read as
follows:
6-4-10(A): RATES AND FEES OF SUBSCRIBERS:
Grantee shall be entitled to charge each customer a rate and/or fee, subject to change by
Resolution of the Eagle City Council, as follows:
A. Maximum Rates And Fees To Subscribers:
I. Singh. IY....%.,...I1I 11 t:..,..,,.
Charg..s Within E.tablish.d
(1)
LJ..
(3) Addition"' o.,tl„ t (TV, FM, or VTR)
(A) L.:,ll.d at 1.. .... ,.ther
I. i..L...1.
(13j-Insta1i:,‘
(A) At S. /' .-....3..... .1. or
(3)
......
(1� ,
1R' -or -FM -outlet
(2) AdJ;ti.,na1 o..tL.t (TV, 1 M, or VTR)
(W.:. 59
23.00
ns:o 9
1. Single Residential Maximum Rates And Charges:
a. Installation Charges Within Established Service Area:
(1) Installation of new primary TV or FM outlet
through outside wall or crawlspace
(A) Additional charge to fish cable through an interior wall
(2) Reconnection of existing outlet
(3) Additional outlet (TV, FM, or VTR)
(A) Installed at the same time as other work for
which an installation charge is made
(B) Installed alone
(4) Relocate an outlet
(A) At the same time as other work for
which an installation charge is made
(B) Relocation only
(5) Change from one level of service to another
(6) Transfer from one address to another
(7) Converter terminal deposit
b. Monthly Rates, Basic (Non -premium) Service:
(1) Primary TV or FM outlet
(2) Additional outlet (TV, FM, or VTR)
(A) Digital ATO
(3) Basic converter terminal rental and maintenance
(4) TV dealer or licensed service shop - 1 drop to feed all shop outlets
550.00
$50.00
540.00
520.00
550.00
520.00
550.00
Free
$40.00
N/A
$37.49
Free
54.95
N/A
N/A
Page 9
2. Multiple Dwelling Unit Rates: Where a complex contains at least 10 units, all of which are
served, and service charges are billed to the complex owner under a service contract.
a. Installation Charges: (Cable remains property of cable company) Time and materials
b. Monthly Rates. Basic (Non -premium) Service:
(1) Apartments (monthly unit rentals) Minimum 515.00 per unit
10-49 outlets (each)
50-99 outlets (each)
100 outlets and above (each)
(2) Hotels and motels (daily room rentals)
10-49 outlets (each)
50-99 outlets (each)
100 outlets and above (each)
(3) Converter terminal rental and maintenance (each)
(Owner of complex is responsible for safekeeping of converter terminals)
Minimum 57.00 per unit
3. City Government And Educational Institutions:
Within established service area, 1 outlet at each building Free
4. Premium Service: Premium television service and other services not otherwise specified herein
5. Lost Or Damaged Converter Terminal:
a. Repair of a converter terminal damaged through
10.00 neglect or abuse by the customer, normal wear excepted
b. Replacement of lost or stolen converter terminal
c. Replacement of lost or stolen modems
20.!10
13:09
13.89
£0.08
ti..i9
9.15
O. �,-
1,:....,....,:,s ": L.S:: ..,,::..,
contract-
(Ati
Se+ , cc:
) .,b (n.o,.tl.ly .n.; ,..,.�1�
18-49-outlets-(eseh)
f9 '17 (-J..)
(L) 111-1.....A
18 -49 -outlets (....:J.)
50-9') ._ILL (....a)
180-oViV:....d .. ..., ('•ce)
(0) O_:.. ✓ :.� _ =1�1 1 = ( J=)
((,i n ..... ..f w...,.1.....0 . wp....>:L.. 1;,. ....� I..,..Y...b
3. City 0...+mom IIS_ ✓:-:: 11�.!:1 /.: _.
....,x0:0.........V. Z.
-
.rw: f 1.L. ... :..:L
'Chageb And
l A� :f Y ,.:::/ .: ! _ ..L by -date
1..:f
-ol\ b/I.
of a.dnd d: ✓.:..
;n thc-..v..nt a
•
5 5.75
:1:.5
11,,i
1.:i city
!7 :'A910
➢80:00
1E:09
6. Miscellaneous Charges And Credits:
a. Late fee if payment is not received by date shown
on the customer's statement
b. Returned check
c. Collection fee if disconnection for nonpayment of
a bill has been ordered and the serviceman receives
payment of the outstanding balance in lieu of actual disconnection
$100.00
5300.00
$200.00
$4.95
520.00
$20.00
d. Unwarranted service calls, in the event a serviceman is called to a customer's house and can
show that the complaint is not related to cable TV service.
e. Prepayment of 1 year's service charges
Section 4: That section 6-4-16, Eagle City Code, be, and is hereby, amended to read as follows:
NIA
N.IA
6-4-16: TIME OF CONSTRUCTION:
No later than six (6) months from the date of its franchi.,,., : ib U., 0. .........:-�Y;.,ns L.cgrantee shall commence
construction of its cable TV system and shall make service available to one thousand five hundred (1,500) homes
within the boundaries of the city as they existed in 1980. Within ten (10) years from the date of its franchise, -Big
Ski O .. _ ::.. , 1 - grantee must make service available to ninety percent (90°0) of the city's population
existing upon such future date.
In the event that lig Sk, 0 _ �I:::�, I. grantee does not perform according to the provisions of this
chapter, the city shall give written notice of the particular items wherein said grantee has failed to perform and said
grantee is hereby given a period of sixty (60) days to correct the defaults of which the notice complains. If no
correction is made during said period, the grantor may, at its discretion, assess a penalty of twenty five dollars
(525.00) per day until such default is corrected, or may repeal this chapter. Provided, however,
D �� _:`....:_ 1_:,.. grantee may petition the grantor for an extension of time to comply for good cause shown.
The determination of what constitutes good cause shall be determined by the grantor and the decision of said grantor
shall be accepted as final. (Ord. 231, 9-21-1993)
Section 5: This ordinance shall take effect and be in force from and after its passage, approval, and publication as
required by law.
DATED THIS
day of 2003.
CITY OF EAGLE ATTEST:
Ada County, Idaho
SHARON K. MOORE
NANCY C. MERRILL CITY CLERK
MAYOR