Ordinance - 1993 - 231 - Cable Tv Franchise - 09/21/1993ORDINANCE NO. W.3'
AN ORDINANCE OF THE CITY OF EAGLE RELATING TO THE CABLE TELEVISION
FRANCHISE WITHIN THE CITY; AMENDING SECTION 6-4-1, EAGLE CITY CODE,
TO MODIFY THE DEFINITION OF GRANTEE; AMENDING SECTION 6-4-2, EAGLE
CITY CODE, TO REVISE THE GRANT OF AUTHORITY; ENACTING SECTION 6-4-
16, EAGLE CITY CODE, TO ESTABLISH A TIME OF CONSTRUCTION FOR NEW
GRANTEES; 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 of the Eagle City Code be, and
the same hereby is, amended to read as follows:
Grantee: United Cable Television Corporation, a Delaware
corporation, doing business as United Artists Cable of Idaho,
and Bia Skv Communications Inc.. an Idaho corporation. to whom
or to which a franchises under this Ordinance 4s are granted
by the Council, and the lawful successors or assignees of said
persons, firms or corporations.
Section 2: That Section 6-4-2 of the Eagle City Code be, and
the same hereby is, amended to read as follows:
Grant of Authority: There is hereby granted by the
City of Eagle, State of Idaho, to United Cable Television
Corporation, a Delaware corporation, and Bia Skv
Communications Inc.. an Idaho corporation. Its and their
successors and assigns, hereinafter referred to as
"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 therefor, subject to the
terms, conditions and provisions contained herein.
Section 3: That Section 6-4-16 of the Eagle City Code be, and
the same hereby is enacted to read as follows:
Time of Construction: No later than six (6) months from
the date of its franchise. Bia Skv Communications. Inc. shall
commence construction of its cable TV system and shall make
service available to 1500 homes within the boundaries of the
City as they existed in 1980. Within 10 years from the date
of its franchise, Big Sky Communications, Inc. must make
service available to 90% of the City's population existing
upon such future date.
In the event that Bia Skv Communications. Inc. 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 arantee 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 is discretion. assess a penalty of
twenty five dollars (S25.00) per day until such default is
corrected. or may repeal this Chapter. Provided. however.
that Bia Sky Communications. Inc. 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 4: That this Ordinance shall take effect and be in
force from and after thirty (30) days of its introduction and after
its passage, approval, and one (1) publication of this Ordinance or
a summary thereof.
APP OVED BY the Mayor of the City of Eagle, Idaho, this 07.?/
day of :' , 1993.
w 0040
Mayor