[CC 1974 §6½-1; Ord. No. 846 §1, 11-21-1973]
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.
A community antenna television system as hereinafter defined.
The City of Richmond, a municipal corporation of the State
of Missouri, in its present 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.
The present Governing Body of the City or any future board
constituting the legislative body of the City.
Includes 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 Council 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 1974 §6½-2; Ord. No. 846 §2, 11-21-1973]
A.Â
A non-exclusive
contract to construct, operate and maintain a CATV system within all
or any portion of the City may be granted by the Council 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.
B.Â
No
provision of this Chapter may be deemed or construed as to require
the granting of a franchise when in the opinion of the Council it
is in the public interest to restrict the number of grantees to one
(1) or more.
[CC 1974 §6½-3; Ord. No. 846 §3, 11-21-1973; Ord. No. 998 §II, 12-6-1978]
A.Â
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, cables, 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 corporations including, but not limited to,
any public utility or other grantee franchised or permitted to do
business in the City. Furthermore, grantee shall agree to repair and
return to its original condition any damage to streets incurred in
the construction or maintenance of the CATV system and such repair
shall be approved by the Council's Street Committee.
B.Â
The
grantee may make a charge to subscribers for installation or connection
to its CATV system at 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 Council expressed by
resolution.
[CC 1974 §6½-4; Ord. No. 846 §4, 11-21-1973]
A.Â
No
franchise granted by the Council under this Chapter shall be for a
term longer than fifteen (15) years following the date of acceptance
of such franchise by the grantee or the renewal thereof.
B.Â
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.Â
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.Â
Any provision of this Chapter shall become invalid, unenforceable
or impaired because of City, State or Federal governmental regulations.
C.Â
If
such franchise is revoked in the period thereof, the grantee shall
have ninety (90) days from the date of notice of such revocation to
remove all equipment, including wires and appurtenances from the City
of Richmond or, subject to the approval of the City Council of the
City of Richmond, sell such franchise to other individuals, persons,
partnerships or corporations that may wish to purchase the same.
[CC 1974 §6½-5; Ord. No. 846 §5, 11-21-1973; Ord. No. 998 §III, 12-6-1978]
In consideration for the rights, privileges and franchise hereby
granted, and as compensation to the City for the use of its public
ways and places by the grantee, and in lieu of all occupation and
license taxes, the grantee shall pay to the City, on or before the
thirty-first day (31st) of January and on or before the thirty-first
(31st) day of July of each year, a sum equal to three percent (3%)
of the gross receipts from the sale of community and closed circuit
electronic service within the then existing corporate limits of the
City received by it during the last preceding six (6) month period;
however, such semi-annual payments shall not become due until after
the grantee has become operational as defined herein. Each such semi-annual
payment shall be accompanied by a statement of gross receipts received
by the grantee from operations within the City for the preceding six
(6) month period. The term "gross receipts" shall
mean gross subscriber service revenues per year from cable television
operations exclusive of any revenues received by the grantee from
special services such as home box office or similar types of supplemental
or special sources of programming. The City shall have the right,
but not the obligation, to audit the grantee's books and records to
confirm the accuracy of such statement of gross receipts. If no such
request is made within sixty (60) days following each payment date,
the grantee's report of such gross receipts shall be deemed accepted
by the City.
[CC 1974 §6½-6; Ord. No. 846 §6, 11-21-1973]
A.Â
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 Street Committee of the City Council acting in the
exercise of its reasonable discretion.
B.Â
The
grantee shall not install or erect any facilities or apparatus in
or on other public property, places 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 utility facilities now existing without
obtaining the prior written approval of the Street Committee.
[CC 1974 §6½-7; Ord. No. 846 §7, 11-21-1973; Ord. No. 998 §IV, 12-6-1978]
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 on account of any suit, judgment, execution,
claim or demand whatsoever resulting from negligence on the part of
the grantee in the construction, operation or maintenance of its television
transmission system in the City; and the grantee shall cause to be
defended at its own expense all actions that may be commenced against
the City by reason of the construction or operation of such system.
The grantee shall carry public liability insurance for bodily injury
or death in the sum of five hundred thousand dollars ($500,000.00)
for each accident and three hundred thousand dollars ($300,000.00)
for property damage, with the City named as an additional insured,
said insurance to be carried with an insurance company with a recognized
national rating acceptable to the City.
[CC 1974 §6½-8; Ord. No. 998 §V, 12-6-1978]
A.Â
Generally. 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 in all areas of the City which are economically feasible.
B.Â
Signal Quality Requirements. The grantee shall:
1.Â
Comply with all technical standards established by the Federal Communications
Commission for cable television systems.
2.Â
Limit failures to a minimum by locating and trying to correct malfunctions
within forty-eight (48) hours from receipt of notice of same; and,
if impossible to correct such malfunctions within such time, the grantee
shall cause service charges to customers affected by such malfunctions
to be abated on a pro rata basis until the malfunctions are corrected.
3.Â
Demonstrate by instruments or otherwise to subscribers upon request
that a signal of adequate strength and quality is being delivered.
4.Â
Render efficient service, make repairs promptly, and interrupt service
only for good cause and for the shortest time practical.
5.Â
Have a listed telephone and be so operated that complaints and requests
for repairs and adjustments may be received at any time during office
hours of the grantee. The grantee will provide a local representative
to receive said requests and complaints.
6.Â
Construct, maintain and use the grantee's CATV system in compliance
with the material and engineering standards of all joint pole use
agreements and with the provisions of the National Electrical Code
and any applicable ordinances of the City.
7.Â
Change the location, at the grantee's expense, of any poles, conduits,
structures or facilities within the street areas or public ways when
in the opinion of the City, for good cause, the public convenience
requires some change.
8.Â
On the request of any person holding a building moving permit (or
equivalent) issued by the City, temporarily raise or lower its wires
to permit the moving of buildings or other structures. The expense
of such temporary moving, raising or lowering of wires shall be paid
by the person requesting the same; and the grantee shall have the
authority to require such payments in advance. The grantee shall be
given not less than seventy-two (72) hours' advance notice to arrange
such temporary wire changes.
9.Â
Provide the services to every area of the City which shall have a
density of forty (40) houses per mile. If, at any time in the future,
any area which at the present time does not have forty (40) houses
per mile shall develop to the extent that it shall constitute forty
(40) houses per mile for such area, then each grantee shall provide
service to such area within ninety (90) days after written notice
that such area shall have reached forty (40) houses per mile. Failure
of the grantee to perform the duties under this Section shall be sufficient
grounds for the City to revoke the franchise granted hereunder.
[CC 1974 §6½-9; Ord. No. 846 §9, 11-21-1973; Ord. No. 998 §VI, 12-6-1978]
The grantee shall maintain a local business office or agent
and a toll-free telephone for the purpose of investigation or resolution
of complaints relative to the quality of service, equipment non-functions
and similar matters.
[CC 1974 6½-10; Ord. No. 846 §10, 11-21-1973]
Any franchise granted under this Chapter may be renewable at
the application of the grantee in the same manner and upon the same
terms and conditions as required herein for obtaining the original
franchise, except those which are by their terms expressly inapplicable;
provided however, that the Council may, at its option, waive compliance
with any or all of the initial application requirements and further
provided that such application shall be approved or denied in the
same manner that any new application may be approved or denied.
[CC 1974 §6½-11; Ord. No. 846 §11, 11-21-1973]
Grantee shall agree to file an application with the FCC within
sixty (60) days of the granting of the franchise and, furthermore,
grantee agrees to begin construction of the system within six (6)
months of approval by the FCC and other governmental agencies.
[CC 1974 §6½-12; Ord. No. 846 §12, 11-21-1973; Ord. No. 998 §VII, 12-6-1978]
The grantee shall, within thirty (30) days of approval by the
FCC of the franchise granted under this Chapter, file with the City
Clerk, at grantee's sole expense, a corporate surety bond in a company
and in a form approved by the City Attorney in the amount of twenty
thousand dollars ($20,000.00) and conditioned upon the faithful performance
of grantee to construct a CATV system and provide service to the community
within one (1) year of the date on which FCC awards grantee certificate
of compliance to serve the City; and in the event of default hereunder,
there shall be recoverable jointly and severally from the principal
and surety of such bond any damages or loss suffered by the City as
a result thereof, including the full amount of any compensation, indemnification
or cost of removal or abandonment of any property of the grantee as
prescribed hereby which may be in default plus a reasonable allowance
for attorney's fees and costs, up to the full amount of bond. In lieu
of the filing of a corporate surety bond, the grantee may file, in
a form approved by the City Counselor, a personal surety bond meeting
all the requirements as provided herein.
[CC 1974 §6½-13; Ord. No. 846 §13, 11-21-1973]
Prior to the granting of any franchise hereunder, an applicant
must appear before the Council and any other parties of interest in
a duly called public hearing as advertised in the newspaper of greatest
circulation within the City. Full disclosures regarding the construction
details, amount and type of service to be rendered, plans for public
service, provisions for system maintenance, provisions for administration
of the system, financial capability and qualifications of the grantee
and any and all other matters being applicable by the Council shall
be subject to review at the aforementioned hearing.
[CC 1974 §6½-14; Ord. No. 846 §14, 11-21-1973]
Each grantee shall provide the services to every area of the
City of Richmond which shall have a density of forty (40) houses per
mile. At any time in the future if any area which at the present time
does not have forty (40) houses per mile shall develop to the extent
that it shall constitute forty (40) houses per mile for such area,
then each grantee shall provide service to such area within ninety
(90) days after written notice that such area shall have reached forty
(40) houses per mile. Failure of the grantee to perform the duties
under this Section shall be sufficient for the City of Richmond to
revoke the franchise granted hereunder.
[CC 1974 §6½-15; Ord. No. 846 §15, 11-21-1973; Ord. No. 998 §VIII, 12-6-1978]
In the case of any emergency or disaster, the grantee shall,
upon the request of the Chairman of the City Council, make available
its facilities to the City for emergency use during the emergency
or disaster period.
[CC 1974 §6½-17; Ord. No. 846 §17, 11-21-1973]
Any and all grantees granted franchise under this Chapter shall
provide to the City of Richmond, within thirty (30) days after completion
of the construction of the CATV system, a complete map showing the
location of all lines, poles, guy wires and other such items used
by such system along the public byways and streets of the City of
Richmond, Missouri.
[CC 1974 §6½-18; Ord. No. 846 §18, 11-21-1973; Ord. No. 998 §X, 12-6-1978]
The franchise as granted hereunder may be assigned by the grantee
upon giving ninety (90) days' notice to the City Council before the
date of such assignment. Such notice of assignment shall contain the
name of the purchaser of the franchise and other such pertinent information
as shall be reasonably necessary for the City Council to determine
that the assignee is a reputable, reliable business entity and that
the City has probable cause to believe that such assignment will not
be detrimental to the existence of the community television service
provided in this Chapter. After the effective date of such assignment,
if the City Council shall determine that the quality of service is
not reasonably similar to that offered before the date of such assignment,
the City Council shall notify the assignee of the specific objections
to the service then offered; and if such is not corrected in a period
within sixty (60) days from the date of such notice, the City shall
then have the right to terminate the franchise of the assignee. Nothing
herein shall be construed to limit any other ability of the City Council
to terminate the franchise as specified in other Sections of this
Chapter.
[CC 1974 §6½-19; Ord. No. 1218 §§2 — 4, 7-11-1984]
A.Â
CATV
CATV COMPANY
PERSONS
Definitions. For the purposes of this Section, 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 shall include the future, words in the plural number
include the singular number, and words in the singular number include
the plural number. The word "shall" shall be construed
as mandatory and not simply directive.
Community Antenna Television.
Any company or companies franchised by the City of Richmond
to provide CATV service within the City of Richmond.
Includes individuals, partnerships, corporations and other
associations.
B.Â
Tampering With Or Destroying Lines Or Equipment, Etc., Prohibited
— Unauthorized Connection, Etc. It shall be unlawful
for any person, without authority of the CATV company, to intentionally
obstruct, injure, break, tamper with or destroy or in any manner interfere
with or interrupt any CATV service, line, cable or other CATV equipment
or in any manner divert, use or receive any television, radio, audio
or video signal by any unauthorized connection with any line or cable
of the CATV company or to take, carry away, injure or destroy any
of the converters, posts, cables, wires, insulators, fixtures, equipment,
installations or other things belonging to the CATV company or used
in connection with the furnishing of CATV services.
The presence at any time on or about the wires, cables or other
CATV equipment of the CATV company of any device, wire or connection
of any type or any other modification not authorized by the CATV company
resulting in the diversion of television, radio, audio or video signals
shall constitute prima facie evidence of knowledge and intent to divert,
use or receive on the part of the person having custody or control
of the room or place where such signals are diverted and shall constitute
prima facie evidence of the intention on the part of such person to
defraud and shall bring such person prima facie within the scope and
meaning of this Section.
C.Â
Penalty For Violation. Violation of this Section shall be
deemed a misdemeanor and punishable pursuant to the Richmond Code
of Ordinances.
