Ordinance - 1980 - 54 - Cable Franchise - 02/12/1980ni
ORDINANCE NO. l
AN ORDINANCE GRANTING TO UNITED CABLE TELEVISION CORPORATION,
A FRANCHISE TO OPERATE AND MAINTAIN A TELEVISION SYSTEM IN THE
CITY OF EAGLE, FOR THE PURPOSE OF INTERCEPTION, SALE AND
DISTRIBUTION OF TELEVISION AND RADIO SIGNALS TO THE
INHABITANTS OF SAID CITY; IMPOSING COMPLIANCE WITH APPLICABLE
LAWS AND ORDINANCES; AUTHORIZING A GRANT OF AUTHORITY;
PROVIDING THAT SAID FRANCHISE SHALL BE A NON-EXLUSIVE GRANT;
SPECIFYING GRANTEE RULES AND SERVICE STANDARDS; PROVIDING FOR
CITY RIGHTS IN SAID FRANCHISE; SPECIFYING CONDITIONS ON STREET
OCCUPANCY AND USE; PROVIDING FOR THE ERECTION, REMOVAL AND
COMMON USE OF POLES; SPECIFYING PAYMENTS TO SAID CITY;
PROVIDING FOR RATES AND FEES OF SUBSCRIBERS; SPECIFYING ANNUAL
FINANCIAL REPORT AND RATE REVIEW; PRESCRIBING THAT
PREFERENTIAL OR DISCRIMINATORY PRACTICES BE PROHIBITED;
REQUIRING COMPANY LIABILITY AND INDEMNIFICATION; REQUIRING
THAT A FAITHFUL PERFORMANCE BOND BE GIVEN; SETTING FORTH
OPERATIONAL STANDARDS; SPECIFYING CONSTRUCTION COMPLETION AND
PENALTY; SETTING FORTH AN EXTENSION POLICY; REQUIRING SERVICE
TO SCHOOLS; SPECIFYING THE DURATION AND CONDITIONS FOR THE
ACCEPTANCE OF FRANCHISE; PROVIDING FOR LIMITATIONS OF SAID
FRANCHISE; PROVIDING FOR SEPARABILITY; SETTING FORTH
MISCELLANEOUS PROVISIONS; AND THE REQUIREMENT FOR PAYMENT OF
PUBLICATION COSTS.
Section 1. 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 tense,
words in the plural include the signular and words in the singular
include the plural. The word "shall" is always mandatory and not
directory.
(1) "City": The City of Eagle, a municipal corporation of
the State of Idaho, in its present incorporated form or in any
other reorganized, consolidated or changed form.
(2) "Council": The present governing body of the City or
any future body constituting the legislative body of the City.
(3) "Grantee": UNITED CABLE TELEVISION CORPORATION to which
a franchise under this ordinance is granted by the Council, and
the lawful successor or assignee of said corporation; however,
such assignment or transfer shall be subject to the written
consent of the Grantor.
P. 1
(4) "Street": The surface of, and the space above and
below, any public street, road, highway, freeway, lane, alley,
court, sidewalk, parkway, drive or other public property, here-
after existing as such within the City.
(5)
"Cable Television System": Hereinafter referred to as
"CATV", "CATV System" or "System" shall mean a system of antennae,
coaxial cables, wave guides or other conductors, equipment or
facilities designed, constructed or used for the purpose of
providing television, F.M. radio, or other services by cable
through its facilities as herein contemplated.
(6) "Subscriber": Any person or entity receiving for any
purpose the CATV service of the Grantee herein.
Section 2. Grant of Authority: There is hereby granted by
the City of Eagle, State of Idaho, to UNITED CABLE TELEVISION
CORPORATION, whose principal place of business is Denver,
Colorado, its successors and assigns, hereinafter referred to as
Grantee, the right and privilege to construct, operate and
maintain a cable television system within the City for the dis-
tribution of television signals, F.M. Radio, or other services by
cable, and to use and occupy the streets and public ways therefor,
subject to the terms, conditions and provisions contained herein.
Section 3. Non-exclusive Grant: The right to use and occupy
the streets and public ways for the purposes herein set forth
shall not be exclusive, and the City reserves the right to grant a
similar use of said streets and public ways to any person, firm or
corporation at any time during the period of this franchise.
Section 4. Grantee Rules: The Grantee shall have the
authority to promulgate such rules, regulations, terms and condi-
tions governing the conduct of its business as shall be reasonably
necessary to enable said Grantee to exercise its rights and
perform its obligations under this franchise and to assure
uninterrupted service to each and all of its customers. Provided
P. 2
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~~~;;'~"::=t:t'~: :..."l;.,..."".:J...),.w.. . ~~~~':'u~~¿::;;~~~.:rJ
, 5ectlon 5.,Servlce, St..- prior apPrOY81-of tf)eGity,Wlth - Sect,(AA". ..11. Ÿ,I8...a. :h~k" eff.tçt.nø b.elnforeefr'o'"
"a,cls:. The Gre",tee."'.II.. regard to location, height, ,type "Plnane"..""", On òr,before. ,"'ndafterflAalPauage httreof,
',;.: . maintain ai'lcf ope,.telts system and otherpertlftent aspects.' ,:ÀPru, 15 of each calen,de, year as. ,pr,ovldecfby law, anø shall .
ê.e' and render efficient .servlce, In However,lotatlonof anYPoie or 'cftlrlng the term Of this fran- continue In force andeffed fOr a
. aCcordance with' such rules,end. wire-holding. structure of the tlille.theGrantee shan file with term of 20 years, provided that,
. regulations as are, or may:be Grantee shalf not be a vested the (;Ity,a financial statement of within thirty (30) days after the
~E .twrelnafter promulgated by the Interest and such poles or Its., reve.nues during. the date of. passage of this or-
"N" 'Grantor or by 'the 'Federal structures shall be removed or . prec" edlng year. Such statement.dinan. ce the Grantee shal.1 file
N -'Communications, Commission. modified by the Grantee at Its' shall be prepared In con- with the-City Clerk, in wrIting,
OF Whenever It Is necessary. to own expense whenever the City formance wIth generally ac" duly' executed by the proper-
IE Interrupt service for the. pur- determines that public con" cepte<! accountIng practices by otticials, the following
L.E pose of making repairs, ad- venlence would be enhanced a certified public accountant. documents:
OF ¡ustments or Installations, the thereby. Section 12. Preferential of 1. Its unconditIonal ac-
10 Grantee shall do so at such time (2) Where poles or other Discrlm Ina.tory Practices ceptance of this franchise; and
oj E 11$ will cause the least amount of wire-holding structures of any Prohibited: The Grantee shall 2. I ts surety bond as
ID Inconvenience to its customers. public utility company are not, as to rates, charges, ser- provided in Section 14; and
M- Section 6. City Rights In available for use by the vice facilities, rules, 3. Its indemnification bond
.P- Franchise: Grantee, the City may require regulations, or In any other as provided in Section 13.
IR- (1) City Rules. The Grantee the Grantee to use such poles respect, make or grant any Section 20. Limitations of
¡ A shall at all times during the life and structures if the perm ission preference or advantage to any Fr.nchise: This franchise shall
Y; of this franchise, be sublect to and consent of such public person, nor subject any person be a privilege to be held in
I D the lawful exercise of the police utility company may be ob- to any prejudice or dlsad- personal trust by the original
A power of the City and to such tained by the Grantee and if the vantage, provided, that nothing Grantee. It cannot in any event
T; reasonable protection as the terms of the use available to the in this franchise shall be be sold, transferred, leased,
: E City may hereafter by Grantee are just and deemed to prohibit the assigned or disposed of, in
: E resolution or ordinance provide. reasonable. establishment of a graduated whole. or in part, either by
~G (2) Use of System by City. (3) Where a public utility scale of charges and classifie~ forced or involuntary sale,
ID The City shall have the right serving the City desires to make rate schedule to which any merger, consolidation or
.G without cost, to make at- use of the poles or other wire- customer coming within such otherwise, without prior written
: T tachments to poles owned and holding structures of the classification would be entitled. consen. of the Grantor ex-
E; used by the Grantee in con" Grantee, but agreement Section 13. Company pressed by resolution. ,-
IE nection with its fire or police therefor with the Gr.antee . Liability-Indemnification: It is Section 21. Separability: If
ID signal systems or other city use, cannot be reached, the City may expressly understood and any section, sentence, clause or
S; such attachmentlhtolÞe ins.alled require the Grantee to permit agreed by and between the phrase of this ordinance or any
ro and maintained in accordance such use for such consideration Grantee and the City that the part thereof is for any reason
)R with the requirements Gfthe and upon Such.terms as the Grantee .shall save the City fo.und to be unconstitutional by.
B- National Electric Safety Code Council shall determine to be harmless from all loss a coúrt of competent
IG and only after written notice to just and reasonable, if the use sustained by the City by reason jurisdictioh, such decision shall
,L the Grantee; provided however, will enhance the public con- of any suit, judgment, not affect the validity of the
. E that the Grantee shall assume venlence and if it would not execution, claim or demand remaining portions of this or-
IG no liability or expense in con- unduly interfere with the resulting from the construction, dinance or any part thereof. .
IR nection therewith, and provided Grantee's operation. operation or ,maintenance by Section 22. Miscellaneous
C- further, that the City's use (4) Where City owned utlity the Grantee of its tel.evision' Provisions:
); thereof shall be in such a poles are available for use of the system in t.he City. That (1) time is of the essence of
Y manner as not to interfere with Grantee, the Grantee shall pay Grantee shall, concurrently this franchise. The Grantee
~ - the television operations of the the City the same pole rental with the filing of an acceptance shall not be relieved of Its
Grantee. In case of any per annum as paid by the of award of the franchise obligations to comply promptly
H- emergency or disaster, the Grantee for the use of poles granted under this ordinance, with any of the provisions of this
ID Grantee shall, upon request of owned by public utilities. file with the City Clerk and at all ordinance by any failure of the
'H the City Council, make Section .,9. System Con- times 'thereafter maintain In City to enforce prompt com-
~ - available its facilities to the truction and Extension. full force and effecHor the term pliance.
G City for emergency use. (a) The Grante.e is hereby of such franchise or renewal (2) The Grantee shall have
^ - Section 7.' Conditions on, authorized to extend the system thereof, at Grantee's. sole ex- no ,recourse against the City for
r; Street Occupancy-Use. within th~franchise area to the pense, ,a general comprehensive any lo$s, cost, expenses or
>e- (1) Use. All transmission extent that such extension .is or liability insurance policY, in damage arising. out of any
; and distrib.ution structures, may be,come technically, and protection of the City, its of- provisions or requirements of
0 lines and equipment erected .by econo.m ically feasible. of/ce,rs,boards, commissions, this ordinance or its en-
E the Grantee within the City (b) Wherever. the Grantee agentsanq employees,. in a. forcements.
~, shall be so located.as to cause shall have received. written .company authorized to do . (3) The Grantee shall
w" minimum interference with the requests for service from at business in the State of Idaho, maintain a toll fee telephone
o. proper use of streets, alleys and, least ten (10) ,subscribers within and in a ,form satisfactory to the listing in the City of Eagle in
R other public ways and places, 1626 cable meters (5280 cable Cuy Attomey,. protecting, the order that CATV maintenance
D and not to interfere witl1. feet)ofitsaerialtrurí (cable,or'City and allpersons.against service shall be promptly
G existing public utility In; from at least fifteen (15) sub- liability for loss or dama.ge for available to all subscribers.
. stallations. In all areas of the scribers. with~n 1625. cable person.al inu,ry, death and Complaints for, other than
H City where the cables, wires or meters (52.80 cable feet) of its.. property dam~ge, occasioned regular working hours may ,be
other like facilities of public underground trunk cable, it by, the operations of Gr.antee made to a separate telephone
E utilities .are placed un. shall extend its system to such \,Inder such franchise in the mainta,ined for .that purpose,
R derground, the Grantee shall subscribers solely for the usual. minimum amount of: which shall be listed in the
N place its cables, wires or other ,"onnection and service fees for $250,000..00 for property te lepho!,\e çlir,ectory, or the
like facilities underground. all, subscri~-rs".. . damage! to any person. same telephone number may be
)r To the extent Grantee.' The 1425 m.eters shall be S50,0,000.,00. for property used ,at the option of the
e, constructs and maintains itsmeas\ireci in extenslòn ,I~ngth of '. damage in any one occurrence. Grélntee. All complalMs and
s, cables .and other equipment 01) Grantee'$cð,ble requ.ir~d for $500,000,0(1 for personal inquiries will be investigated
IS or about private property, and ,ervice loç:at-ed ,w,it/;l~1t .the injury to anyone person. and responded to or acted upon
tn an easement for such use has public; way OJ easement J and" $.1,000,000.00 for personal withtm .six (6), hours. The
,t already been granted' to a. shql " not.¡inc;lude ',length of. iQiurv. in any" one occl,lrrence. Grantee ,shall maintain a
In telephone company or other necessary, drop to. the sub- Section 14, Faithful Per-' maintenance service log in-
re public utility, said easement scriber's home ,or premises. '" 'form;anceBoßd:. UP9n. . the dicating the date and time
,v shall, if at all possible, be in- (c) . No perSon In the"lcol1!1me-ncem.ent of, '.i~on- complaints are received and
IS terpreted so as to grant the. Grantee's service area shall be ¡.etrU1rtion, tbe Grantee,.;"shall . resolved and the, nature of the
Ie. Grantee the same rights. anq '. ¡ilt-,bitrari/y retlJ!ieg"ser!yiCf¡ but,PrQvide,- a ,'~Qnstnjctl~ . per- complaint and resolution. This
riC' £priviteges.as ttave been g'rShted,-in recognitiolJ. of, the- c¡apital ! tormanc8',bond.-tt1atwilL faftht,.record shal-l be made> ayalli\,ble
'Í,-,t....telephone, .c:ompanies.,;and ~ts involved- -1"~u!Ws~al cirm-fwily 9U~~ntee:-the ~ymen. of for reasonable inspedi'GR,:þV!jhe'
other. public utilities.. " "q cumst,mces, iQ~lu~I!'I9, .~jthout" ,all,I~1; aM, ,m,at.,f.laL! çost~. :'~fant,c¡)r., .!-, \ I., '..'" .
If In such easements, the limitation, instances when the incurre\'!. 'by,:lt~.,Rr 11s sub-.! . (4) The Grantee shall. not
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however, that such rules, regulations,
not be in conflict with provisions
Federal Communications Commission or
Idaho.
Section 5. Service Standards: The Grantee shall maintain
and operate its system and render efficient service in accordance
with such rules and regulations as are, or may be hereinafter
promulgated by the Grantor or by the Federal Communications
Commission. Whenever it is necessary to interrupt service for the
purpose of making repairs, adjustments or installations, the
Grantee shall do so at such time as will cause the least amount of
inconvenience to its customers.
Section 6. City Rights in Franchise:
(1) City Rules. The Grantee shall at all times during the
life of this franchise, be subject to the lawful exercise of the
police power of the City and to such reasonable protection as the
City may hereafter by resolution or ordinance provide.
(2) Use of System by City. The City shall have the right
without cost, to make attachments to poles owned and used by the
Grantee in connection with its fire or police signal systems or
other city use, such attachments to be installed and maintained in
accordance with the requirements of the National Electric Safety
Code and only after written notice to the Grantee; provided
however, that the Grantee shall assume no liability or expense in
connection therewith, and provided further, that the City's use
thereof shall be in such a manner as not to interfere with the
television operations of the Grantee. In case of any emergency or
disaster, the Grantee shall, upon request of the City Council,
make available its facilities to the City for emergency use.
Section 7. Conditions on Street Occupancy -Use.
(1) Use. All transmission and distribution structures,
lines and equipment erected by the Grantee within the City shall
terms and conditions shall
hereof, the rules of the
the laws of the State of
P. 3
be so located as to cause minimum interference with the proper use
of streets, alleys and other public ways and places, and not to
interfere with existing public utility installations. In all
areas of the City where the cables, wires or other like facilities
of public utilities are placed underground, the facilities of
public utilities are placed underground, the Grantee shall place
its cables, wires or other like facilities underground.
To the extent Grantee constructs and maintains its cables and
other equipment on or about private property, and an easement for
such use has already been granted to a telephone company or other
public utility, said easement shall, if at all possible, be
interpreted so as to grant the Grantee the same rights and
privileges as have been granted to telephone companies and other
public utilities. In such easements, the words "telephone
company" shall be interpreted to include the Grantee.
The Grantee shall furnish to and file with the City, maps,
plats and permanent records of the location and character of all
facilities constructed, including underground facilities.
(2) Restoration. In case of any disturbance of rights-of-
way, pavement, sidewalk, driveway or other surfacing, the Grantee
shall at its own expense, and in the manner provided by the
Grantor, replace and restore all rights -.of -way, paving, sidewalk,
driveway or other surface of any street or alley disturbed. It is
further agreed that the Grantee shall, for a period of one year,
guarantee such restoration and in the event there is a problem,
shall upon given notice, repair same within fifteen (15) days
after notice. If the Grantee fails to complete such repairs as
requested, then the Grantor may do so at the expense of the
Grantee.
(3) Relocations. If at any time during the period of this
franchise the City shall lawfully elect to alter, or change the
grade of location of any street, alley or other public way, the
P. 4
Grantee shall upon reasonable notice by the City, remove, relay
and relocate its poles, wires, cables, underground conduits,
manholes and other fixtures at its own expense, and in each
instance comply with the requirements of the City.
(4) Placement of Fixtures. The Grantee shall not place
poles, conduits, or other fixtures above or below ground where the
same will interfere with any gas, electric, telephone fixtures,
water hydrant or other utility, and all such poles, conduits or
other fixtures placed in any street shall be so placed as to comply
with the requirements of the City.
(5) Temporary Removal of Wire and/or Fixtures for Building
Moving. The Grantee shall, on request of any person holding a
moving permit issued by the City, temporarily move its wires or
fixtures to permit the moving of buildings, the expense of such
temporary removal, to be paid by the person requesting the same,
and the Grantee shall be given not less than forty-eight (48)
hours advance notice to arrange for such temporary changes.
(6) Tree Trimming. The Grantee shall have authority to trim
any trees upon and overhanging the 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 cable of the
Grantee, except that at the option of the City, such trimming may
be done by it, or under its supervision and direction, at the
expense and liability of the Grantee.
Section 8. Erection, Removal and Common Use of Poles.
(1) No poles or other wire -holding structures shall be
erected by the Grantee without prior approval of the City with
regard to location, height, type and other pertinent aspects.
However, location of any pole or wire -holding structure of the
Grantee shall not be a vested interest and such poles or
structures shall be removed or modified by the Grantee at its own
expense whenever the City determines that public convenience would
be enhanced thereby.
P. 5
(2) Where poles or other wire -holding structures of any
public utility company are available for use by the Grantee, the
City may require the Grantee to use such poles and structures if
the permission and consent of such public utility company may be
obtained by the Grantee and if the terms of the use available to
the Grantee are just and reasonable.
(3) Where a public utility serving the City desires to make
use of the poles or other wire -holding structures of the Grantee,
but agreement therefor with the Grantee cannot be reached, the
City may require the Grantee to permit such use for such
consideration and upon such terms as the Council shall determine
to be just and reasonable, if the use will enhance the public
convenience and if it would not unduly interfere with the
Grantee's operation.
(4) Where City owned utility poles are available for use of
the Grantee, the Grantee shall pay the City the same pole rental
per annum as paid by the Grantee for the use of poles owned by
public utilities.
Section 9. System Construction and Extension
(a) The Grantee is hereby authorized to extend the system
within the franchise area to the extent that such extension is or
may become technically and economically feasible.
(b) Wherever the Grantee shall have received written
requests for service from at least ten (10) subscribers within
1625 cable meters (5280 cable feet) of its aerial trunk cable, or
from at least fifteen (15) subscribers with 1625 cable meters
(5280 cable feet) of its underground trunk cable, it shall extend
its system to such subscribers solely for the usual connection and
service fees for all subscribers.
The 1625 meters shall be measured in extension length of
Grantee's cable required for service located within the public way
or easement and shall not include length of necessary drop to the
subscriber's home or premises.
P. 6
(c) No person in the Grantee's service area shall be
arbitrarily refused service; but in recognition of the capital
costs involved in unusual circumstances, including, without
limiation, instances when the distance from distribution cable to
connection of service to subscribers is more than 45 meters (150
cable feet) or when a subscriber density exists less than the
density specified hereinabove, service may be made available on
the basis of costs of materials, labor and easements, in order to
prevent inequitable burdens on cable subscribers in more densely
populated area.
(d) For all residential structures hereinafter erected which
are to be served by underground utilities, the developer of the
subdivision or development may acquire CATV service for this
development under the following conditions; but otherwise the
Grantee shall not be obligated to construct CATV system in such
new development: Developer shall perform all trenching and back-
filling necessary for the provision of cable television service,
including furnishing of any imported backfill material required,
and will furnish and install for the Grantee any necessary
distribution conduit and substructures, including pedestals,
required in accordance with the Grantee's plans and
specifications. Developer may enter into a written agreement with
the Grantee whereby such costs may be reimbursed to the developer
by Grantee at the rate of fifty percent (50%) of basic subscriber
revenues generated from CATV service supplied within the
development over a period not to exceed three (3) years.
In addition to providing plans and specifications to the
developer, the Grantee shall inspect the facilities required
hereunder, and certify to the City prior to final approval of the
subdivision or development that the facilities required herein are
properly installed. The City shall have the right to review and
require its approval of the maps and specifications provided by
P. 7
the Grantee. The cost of the portion of an extension to a
subdivision or development from the Grantee's existing facilities
in excess of 60 meters (200 feet) outside the boundaries of the
subdivision or development shall be borne by the developer.
Facilities installed hereunder shall be owned, operated, and main-
tained by Grantee.
Section 10. Rates and Fees of Subscribers: Grantee shall be
entitled to charge each customer a rate and/or fee as listed in
Annex A.
Rates may be altered or raised by Grantee only with
permission of the Grantor. Any rate increase would require that
Grantee give notice of its intentions thereof to the Grantor and
said increases would be in effect sixty (60) days thereafter if
Grantor does not disapprove. Should Grantor disapprove the
requested increase, Grantee shall be allowed a public hearing
before the Grantor regarding the matter, after which Grantor shall
reconsider the increase.
Section 11. Annual Financial Report. On or before April 15
of each calendar year during the term of this franchise the
Grantee shall file with the City a financial statement of its
revenues during the preceding year. Such statement shall be
prepared in conformance with generally accepted accounting
practices by a certified public accountant.
Section 12. Preferential of Discriminatory Practices
Prohibited: The Grantee 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 rate schedule to which
any customer coming within such classification would be entitled.
P. 8
Section 13. Company Liability -Indemnification: It is
expressly understood and agreed by and between the Grantee and the
City that the Grantee shall save the City harmless from all loss
sustained by the City by reason of any suit, judgment, execution,
claim, or demand resulting from the construction, operation or
maintenance by the Grantee of its television system in the City.
The Grantee shall, concurrently with the filing of an acceptance
of award of the franchise granted under this ordinance, file with
the City Clerk and at all times thereafter maintain in full force
and effect for the term of such franchise or renewal thereof, at
Grantee's sole expense, a general comprehensive liability
insurance policy, in protection of the City, its officers, boards,
commissions, agents, and employees, in a company authorized to do
business in the State of Idaho, and in a form satisfactory to the
City Attorney, protecting the City and all persons against
liability for loss or damage for personal injury, death and
property damage, occasioned by the operations of Grantee under
such franchise in the minimum amount of:
$250,000.00 for property damage to any person.
$500,000.00 for property damage in any on occurrence.
$500,000.00 for personal injury to any one person.
$1,000,000.00 for personal injury in any one occurrence.
Section 14. Faithful Performance Bond: Upon the
commencement of construction, the Grantee shall provide a
construction performance bond that will faithfully guarantee the
payment of all labor and material costs incurred by it or its
subcontractors during construction of the system. The performance
bond will be issued by a company licensed to do business in the
State of Idaho and in a form approved by the City Attorney. In
addition, the Grantee shall maintain throughout the construction
period, a corporate surety bond issued by a company licensed to do
business in the State of Idaho and in a form approved by the City
P. 9
Attorney in the principal sum of $100,000.00, naming the City as
an insured. The surety bond shall guarantee performance of each
term and condition of this franchise contract and in the event of a
breach of condition of the bond, the 'amount thereof shall be
recoverable from the principal by the City for all damages
resulting from failure of Grantee to well and faithfully perform
and observe any provision of this franchise.
Section 15. Operational Standards: The CATV System shall be
installed and maintained in accordance with the minimum standards
set by the applicable rules and regulations of the Federal
Communications Commission.
Section 16. Time of Construction: Grantee shall commence
construction of the Cable TV System no later than six (6) months
from the effective date of this franchise and shall complete 80%
of construction within the city limits within six (6) months of
commencement.
In the event that the Grantee does not perform according to
the provisions of this ordinance, the City shall give written
notice of the particular items wherein the Grantee has failed to
perform and 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 $25.00 per day until such default
is corrected, or may repeal this ordinance. Provided, however,
that the 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.
Section 17. Extension Policy: The Grantor shall grant
reasonable extensions referred to in Section 16, in the event of
strikes, floods, fire, acts of God, force majeure, labor disputes,
unavailability of building materials beyond the control of the
Grantee or any other cause beyond the control of the Grantee.
P. 10
Section 18. Service to Schools: The Grantee shall provide
one service connection to state accredited public and parochial
schools within the City for educational purposes upon request by
the City at no cost to it or the school.
Section 19. Duration and Conditions for Acceptance of
Franchise: The Franchise and all rights and privileges and
authority hereby granted shall take effect and be in force from
and after final passage hereof, as provided by law, and shall
continue in force and effect for a term of 20 years, provided that,
within thirty (30) days after the date of passage of this
ordinance the Grantee shall file with the City Clerk, in writing,
duly executed by the proper officials, the following documents:
1. Its unconditional acceptance of this franchise; and
2. Its surety bond as provided in Section 14; and
3. Its indemnification bond as provided in Section 13.
Section 20. Limitations of Franchise: This franchise shall
be a privilege to be held in personal trust by the original
Grantee. It cannot in any event be sold, transferred, leased,
assigned or dispose of, in whole or in part, either by forced or
involuntary sale, merger, consolidation or otherwise, without
prior written consent of the Grantor expressed by resolution.
Section 21. Separability: If any section, sentence, clause
or phrase of this ordinance or any part thereof is for any reason
found to be unconstitutional by a court of competent jurisdiction,
such decision shall not affect the validity of the remaining
portions of this ordinance or any part thereof.
Section 22. Miscellaneous Provisions:
(1) Time is of the essence of this franchise. The Grantee
shall not be relieved of its obligations to comply promptly with
any of the provisions of this ordinance by any failure of the City
to enforce prompt compliance.
P. 11
(2) The Grantee shall have no recourse against the City for
any loss, cost, expenses or damage arising out of any provisions
or requirements of this ordinance or its enforcements.
(3) The Grantee shall maintain a toll fee telephone listing
in the City of Eagle in order that CATV maintenance service shall
be promptly available to all subscribers. Complaints for other
than regular'working hours may be made to a separate telephone
maintained for that purpose, which shall be listed in the
telephone directory, or the same telephone number may be used at
the option of the Grantee. All complaints and inquiries will be
investigated and responded to or acted upon within six (6) hours.
The Grantee shall maintain a maintenance service log indicating
the date and time complaints are received and resolved and the
nature of the complaint and resolution. This record shall be made
available for reasonable inspection by the Grantor.
(4) The Grantee shall not repair, maintain, sell or
recommend any television or radio equipment or recommend radio and
television repairmen. Any work done to subscriber sets shall be
performed by repairment other than employees of the Grantee. The
Grantee is prohibited from inducing subscribers to remove their
presently installed television antennas.
Section 23. Payments to the City: The Grantee shall pay to
the City semiannually, an amount equal to three (3%) percent of
gross income from subscribers residing within the City. Payments
shall be made on or before January 31st and July 31st of each year.
The payment due January 31st shall represent all gross income
received from the period July 1st through December 31st,
immediately preceding said payment date and the payment due July
31st, shall represent all gross income received from the period
January 1st through June 30th, immediately preceding said payment
date.
P. 12
Section 24. Publication Costs: The Grantee shall assume and
pay all publication costs in connection with the adoption of CATV
ordinance and the granting of a franchise as required by Idaho
Code, Section 50-329. A statement for all costs shall be prepared
by the City Treasurer and presented to the Grantee upon filing its
acceptance with the City Clerk.
Section 25. This Ordinance, shall be in force and effect on
the 1st day after its passage, approval and publication.
PASSED by the Council of the City of Eagle, Idaho this
day of �fc/ , 1980 .
APPROVED by the Mayor of the City of Eagle, Idaho this a3'
day of / 9?A . 1980 .
TEST
APPROVED
„A/ 0) 172Le„,.44)
clerk •
P. 13
City of Eagle Ordinance No. 54:
Cable Television Franchise
SUMMARbZATION OF CITY OF
EAGLE ORDINANCE NO. 54, WHICH
IS AN ORDINANCE GRANTING TO
UNITED CABLE TELEVISION COR-
PORATION A FRANCHISE TO OPER-
ATE AND MAINTAIN A TELEVISION
SYSTEM IN THE CITY OF EAGLE
FOR THE PURPOSE OF INTERCEP-
TION, SALE, AND DISTRIBUTION OF
TELEVISION AND RADIO SIGNALS
TO THE INHABITANTS OF EAGLE;
AND PROVES IN COMPLIANCE
WITH APPLICABLE LAWS AND OR-
DINANCES; AUTHORIZING A
GRANT OF AUTHORITY PROVIDING
THAT SAID FRANCHISE SHALL BE
A NON-EXCLUSIVE GRANT; SPECI-
FYING GRANTEE RULES AND SER-
VICE STANDARDS; PROVIDING
FOR CITY RIGHTS IN SAID FRAN-
CHISE; SPECIFYING CONDITIONS
ON STREET OCCUPANCY AND USE;
PROVIDING FOR THE ERECTION,
REMOVAL, AND COMMON USE OF
POLES; SPECIFYING PAYMENTS
TO SAID CITY; PROVIDING FOR
RATES AND FEES OF SUBSCRIB-
ERS; SPECIFYING ANNUAL FINAN-
CIAL REPORT AND RATE REVIEW;
PRESCRIBING THAT PREFEREN-
TIAL OR DISCRIMINATORY PRAC-
TICES BE PROHIBITED; REQUIR-
ING COMPANY LIABILITY AND IN-
DEMNIFICATION; REQUIRING A
PERFORMANCE BOND BE GIVEN;
SETTING OPERATIONAL STAND-
ARDS; SPECIFYING CONSTRUC-
TION, COMPLETION, AND PEN-
ALTY; SETTING A POLICY FOR EX-
TENSION; SPECIFYING THE DURA-
TION AND CONDITIONS FOR THE
ACCEPTANCE OF THE FRANCHISE;
PROVIDING FOR LIMITATIONS OF
THE FRANCHISE; AND REQUIRING
THE PAYMENT OF PUBLICATION
COSTS.
This Ordinance No. 54 shall be in full
force and effect on the first day after its
passage, approval, and publication. A
full text of this Ordinance is available
at the Eagle City Hall.
Pub. April 17,1980 4114
STATE OF IDAHO)
)
COUNTY OF ADA )
SS.
Cheryl R. Rehwalt , being duly sworn,
deposes and says: That she is the Principal Clerk
of The Idaho Statesman, a daily newspaper printed
and published at Boise, Ada County, State of Idaho,
and having a general circulation therein and which
said newspaper has been continuously and uninter-
ruptedly published in said County during a period
of twelve consecutive months prior to the first
publication of the notice, a copy of which is
attached hereto; that said notice was published
in the regular edition of The Idaho Statesman
for one insertion, in the issue of
April 17 , 19 80
(VuAA.11 a kbuaLi- , Principal Clerk
Subscribed and sworn to before me this 17th
day of
April
Notary Public for,
daho
, 19 80
esiding at Boise, Idaho