City of Coldwater, MI
Branch County
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Table of Contents
Table of Contents
[Ord. No. 560, passed 12-8-1997; Ord. No. 539, passed 10-14-1996]
(a) 
It is hereby deemed necessary for the public health, safety and welfare of the City, and for the public purpose of providing increased and economical telecommunications services, to:
(1) 
Acquire, construct, install and operate a hybrid fiber optic-coaxial cable communications network for the City;
(2) 
Improve the operation and efficiency of the City's water, sewage and electrical utilities;
(3) 
Provide additional communication capabilities for City services;
(4) 
Make such communications network available to individuals, businesses, industries and other governmental entities; and
(5) 
Acquire, construct, install and operate such other telecommunications services as the City may lawfully provide, both within and outside the corporate limits of the City, all such telecommunications facilities and services to be collectively referred to as the "Utility".
(b) 
The Board of Public Utilities of the City has proposed the acquisition, construction and installation of the Utility, and the City has the power to acquire and operate the Utility pursuant to Sections 2.1(a), 2.2(4), 2.2(5)(b) and 14.1 of its City Charter and pursuant to general Michigan law.
[Ord. No. 560, passed 12-8-1997]
There is hereby established in and for the City a separate utility under the City Charter for providing telecommunications services, including, but not limited to, the transmission of voice, video and data, and consisting of all necessary machinery, equipment, appurtenances and attachments, including, but not limited to, a hybrid fiber optic-coaxial cable communications network. Such utility shall be known as the City of Coldwater Telecommunications Utility.
[Ord. No. 560, passed 12-8-1997]
(a) 
Council hereby appoints the Board of Public Utilities to operate and manage the Utility on behalf of Council and the City Manager, pursuant to Section 14.2 of the City Charter. The City Manager hereby approves the appointment of the Board as the operator and manager of the Utility under the terms and for the length of time set forth in this chapter.
(b) 
The Board shall operate and manage the Utility at the Board's sole expense in the same manner in which the Board operates the water, electric and sewer utilities. The Board shall provide monthly reports of the activities, income statements, asset statements and development of the Utility. The City has or will enter into an installment purchase agreement in the amount of $1,000,000 to finance a portion of the cost of the Utility. The obligations of the City under said installment purchase agreement shall be paid by the Board as and when the same become due as a normal operating expense of the Board and the utilities otherwise operated by the Board.
(c) 
In exchange for the Board's operation and management of the Utility on behalf of Council and the City Manager, the Board shall retain all income, if any, derived from the operation of said Utility, except for 6 1/2% of the gross revenues of the Utility, which shall be remitted to the City pursuant to Section 15.9 of the City Charter at the same time and in the same manner as the other payments to the City by the Board pursuant to said section.
[Ord. No. 539, passed 10-14-1996]
(d) 
The Board shall have the authority to apply for and obtain such licenses, franchises or permits as may be necessary for the operation of the Utility. The Board shall have the further authority to enter into such contracts with such public and/or private entities as it deems necessary for the operation of the Utility.
[Ord. No. 539, passed 10-14-1996]
The Board of Public Utilities shall operate and manage the Utility on behalf of Council and the City Manager for an initial period of 10 years from the effective date of this chapter (the "initial term"). The initial term shall be automatically extended for an additional term of 20 years, unless the City shall have repealed this chapter prior to the end of the initial term. If the City shall not have repealed this chapter prior to the end of the initial term, this chapter shall be in effect for an additional 20 years, expiring 30 years from the effective date hereof, provided, however, that in the event there are debt obligations outstanding which pledge assets or revenues of the Utility, then no such repeal shall be effective until all such debt obligations have been retired or for which payment is provided.
[Ord. No. 563, passed 1-26-1998]
(a) 
Applicability. This section and the restrictions established hereunder shall apply solely and only to the administration of a cable television system franchised by Council and owned by the City. The term "cable television system," as used in this section, shall refer only to the cable television system owned by the City.
(b) 
Equal access.
(1) 
If any person who is a legally qualified candidate for election to Council or as Mayor of the City shall be permitted to use the cable television system, equal opportunities shall be afforded to all other such candidates for such office in the use of such cable television system. An appearance by a legally qualified candidate on any bona fide news commentary or on-the-spot coverage of bona fide news events shall not be deemed to be use of the cable television system within the meaning of this section.
(2) 
The charges made for the use of the cable television system for any of the purposes set forth in this section shall not exceed the charges made for comparable use of such cable television systems for other purposes.
(3) 
The Coldwater Cable Television Commission shall prescribe appropriate rules and regulations to carry out the provisions of this section.
(c) 
Political interference. No elected or appointed City officer or City employee, including the Mayor and/or any member of Council, and the members of the City Board of Public Utilities, shall influence or seek to influence the operation of the cable television system for personal or private gain, for partisan political purposes or for personal political purposes.
[Ord. No. 563, passed 1-26-1998]
In addition to the penalty provided in Section 202.99, the provisions of Section 1046.05 may be enforced through equitable remedies issued by a court of competent jurisdiction, including injunction and order of abatement or any other remedy permitted at law or in equity.