[CC 1992 §620.010; Ord. No. 193 §1, 1-17-1972]
For the purposes of this Chapter, the following terms, phrases,
words, abbreviations, 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 number
include the singular number, and words in the singular number include
the plural number.
Shall be used interchangeably with the term Board of Aldermen
which is the present Governing Body of the City or any future board
constituting the legislative body of the City.
A community antenna television system as hereinafter defined.
The City of Concordia, a municipal corporation of the State
of Missouri, in its presented incorporated form or in any later reorganized,
consolidated, enlarged or reincorporated form.
A system of antenna, coaxial cables, wires, wave guides,
or other conductors, equipment or facilities designed, constructed
or used for the purpose of providing wide band communications service
including, but not limited, to television or FM radio service by cable
or through its facilities as herein contemplated.
Any authorization granted hereunder in terms of a franchise,
privilege, permit, license or otherwise to construct, operate and
maintain a CATV system in the City. Any such authorization, in whatever
term granted, shall not mean and include any license or permit required
for the privilege of transacting and carrying on a business within
the City.
The person, firm or corporation to whom or which a franchise,
as hereinabove defined, is granted by the Board under this Chapter
and the lawful successor, transferee or assignee of said person, firm
or corporation.
All property owned, installed or used by a grantee in the
conduct of a CATV business in the City under the authority of a franchise
granted pursuant to this Chapter.
The surface of and the space above and below any public street,
road, highway, freeway, lane, path, alley, court, sidewalk, parkway
or drive now or hereafter existing as such within the City.
Any person or entity receiving for any purpose the CATV service
of a grantee.
[CC 1992 §620.020; Ord. No. 193 §2, 1-17-1972]
An exclusive contract to construct, operate and maintain a CATV
system within all or any portion of the City may be granted by the
Board to any person, firm or corporation, whether operating under
an existing franchise or not, who or which offers to furnish and provide
such system under and pursuant to the terms and provisions of this
Chapter.
[CC 1992 §620.030; Ord. No. 193 §3, 1-17-1972]
A.
Any franchise
granted pursuant to the provisions of this Chapter shall authorize
and permit the grantee to engage in the business of operating and
providing a CATV system in the City and for that purpose to erect,
install, construct, repair, replace, reconstruct, maintain and retain
in, on, over, under, upon, across and along any public street such
poles, wires, cable, conductors, ducts, conduit, vaults, manholes,
amplifiers, appliances, attachments and other property as may be necessary
and appurtenant to the CATV system; and in addition, so to use, operate
and provide similar facilities or properties rented or leased from
other persons, firms or corporation including, but not limited to,
any public utility or other grantee franchised or permitted to do
business in the City. Grantee expressly agrees to repair and return
to original condition any damage to streets incurred in the construction
or maintenance of the CATV system and such repairs shall be approved
by the Board's Committee on Sewers, Streets and Utilities or the City
Engineer as their designated representative.
B.
The grantee
may make a charge to subscribers for installation or connection to
its CATV system and a fixed monthly charge as filed and approved as
herein provided. No increase in the rates and charges to subscribers,
as set forth in the schedule filed and approved with grantee's application,
may be made without the prior approval of the Board expressed by resolution.
[CC 1992 §620.040; Ord. No. 193 §4, 1-17-1972]
A.
No franchise
granted by the Board under this Chapter shall be for a term longer
than nineteen (19) years eleven (11) months following the date of
acceptance of such franchise by the grantee or the renewal thereof.
B.
Any such
franchise granted hereunder may be terminated prior to its date of
expiration on thirty (30) days' written notice by the City, when:
1.
The
grantee has failed to comply with any provision of this Chapter or
has, by act or omission, violated any term or condition of any franchise
or permit issued hereunder; or
2.
Any
provision of this Chapter shall become invalid, unenforceable or impaired
because of City, State or Federal Government regulations.
[CC 1992 §620.050; Ord. No. 193 §5, 1-17-1972]
A.
The grantee
operating a CATV franchise under this Chapter shall pay to the City
of Concordia, during the life of such franchise, a sum equal to two
percent (2%) of the gross annual receipts after the first (1st) year
of operation within the community. However, the percentage of gross
annual receipts shall be subject to review and adjustment on a mutually
satisfactory basis after five (5) years from the date of the franchise. "Gross annual receipts" shall mean compensation and other
consideration received, by grantee, from subscriber or users in payment
for television or FM radio signals or service received within the
City, except installation charges, deposits or sales taxes, if any,
shall be excluded from this definition.
B.
The City
shall have the right to inspect the grantee's records showing the
gross annual receipts from which its franchise payments are computed
and the right of audit and recomputation of any and all amounts paid
under this Chapter.
[CC 1992 §620.060; Ord. No. 193 §6, 1-17-1972]
A.
Any poles,
wires, cable lines, conduits or other properties of the grantee to
be constructed or installed in streets shall be so constructed or
installed only at such locations and in such manner as shall be approved
by the Board's Committee on Sewers, Streets and Utilities or the City
Engineer as their designated representative acting in the exercise
of reasonable discretion.
B.
The grantee
shall not install or erect any facilities or apparatus in or on other
public property, place or rights-of-way or within any privately owned
area within the City which has not yet become a public street but
is designated or delineated as a proposed public street on any tentative
subdivision map approved by the City, except those installed or erected
upon public utility facilities now existing, without obtaining the
prior written approval of the Board's Committee on Sewers, Streets
and Utilities or the City Engineer as their designated representative.
[CC 1992 §620.070; Ord. No. 193 §7, 1-17-1972]
A.
The grantee
shall, concurrently with the filing of an acceptance of award of any
franchise granted under this Chapter, furnish to the City and file
with the City Clerk and at all times during the existence of any franchise
granted hereunder, maintain in full force and effect, at its own cost
and expense, a liability insurance policy in the amount of one hundred
thousand dollars ($100,000.00) in a company approved by the Board
indemnifying and saving harmless the City, its officers and employees
from and against any and all claims, demands, actions, suits and proceedings
by others, against all liability to others including, but not limited
to, any liability for damages by reason of or arising out of any failure
by the grantee to secure consents from the owners, authorized distributors
or licensees of programs to be delivered by the grantee's CATV system,
and against any loss, cost, expense and damages resulting therefrom,
including reasonable attorney's fees, arising out of the exercise
or enjoyment of its franchise, irrespective of the amount of the comprehensive
liability insurance policy required hereunder.
B.
The policies mentioned in Subsection (A) shall name the City, its officers, boards, commissions, agents and employees as additional insured and shall contain a provision that a written notice of cancellation or reduction in coverage of said policy shall be delivered to the City ten (10) days in advance of the effective date thereof; if such insurance is provided by a policy which also covers grantee or any other entity or person other than those above named, then such policy shall contain the standard cross-liability endorsement.
[CC 1992 §620.080; Ord. No. 193 §8, 1-17-1972]
The CATV system shall be installed and maintained in accordance
with the highest and best accepted standards of the industry to the
effect that subscribers shall receive the highest possible service.
[CC 1992 §620.090; Ord. No. 193 §9, 1-17-1972]
When any portion of the CATV system is to be installed on public
utility poles and facilities, certified copies of the agreements for
such joint use of poles and facilities shall be filed with the City
Clerk.
[CC 1992 §620.100; Ord. No. 193 §10, 1-17-1972]
Any franchise granted under this Chapter is renewable in the
same manner and upon conditions as required herein for obtaining the
original franchise.
[CC 1992 §620.110; Ord. No. 193 §11, 1-17-1972]
A.
The grantee
has proposed to obtain franchise and build a CATV network serving
Carrollton, Lexington, Odessa and Richmond and grantee agrees to diligently
seek to obtain the franchise within these particular communities.
Upon obtaining the last of these four (4) franchises, the grantee
agrees to file an application with the FCC within ninety (90) days
of the date; however, if any of these communities subsequently award
the franchise to a party other than the grantee, the grantee may within
thirty (30) days after the award of that franchise, notify the Board
of Aldermen of its intention to pursue the other franchises even though
one (1) or more of the franchises cannot be included in the proposed
network. In any event, the Board shall have the right to declare any
franchise granted under this Chapter to be null and void if grantee
has not filed an application with the FCC within two (2) years of
the date of the franchise or if the system is not operational within
the period of five (5) years of the date of the franchise.
B.
Grantee
further agrees to begin construction of the system within six (6)
months of approval by the FCC and other governmental agencies.
[CC 1992 §620.120; Ord. No. 193 §12, 1-17-1972]
If any town mentioned in Section 620.110 granted unto the grantee a franchise which requires payment of a franchise fee in excess of two percent (2%) granted in Section 620.020 of this Chapter, the franchise fee due under this Chapter shall automatically escalate to the amount contained in that franchise.
[CC 1992 §620.130; Ord. No. 193 §13, 1-17-1972]
The Board of Aldermen must approve the terms and assignees or
transferees if the original grantee desires to assign or transfer
any franchise granted under this Chapter. Furthermore, the Board of
Aldermen may condition the approval of the transfer upon the assignee
or transferee's agreement to bring any contemplated change in the
franchise agreement to the Board prior to approval. In the event no
change is contemplated at the time of the approval, the assignee or
transferee may not, without permission from the Board of Aldermen,
bring any request for a change in said franchise for a period of three
(3) years after the date of the said approval.
