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HomeMy WebLinkAbout275_Cable Television FranchiseCITY OF OWASSO, OKLAHOMA ORDINANCE NO. 275 AN ORDINANCE AUTHORIZING THE CITY OF OWASSO, OKLAHOMA TO GRANT A FRANCHISE OR ISSUE A PERMIT FOR THE RIGHT AND PRIVILEGE TO CONSTRUCT, OPERATE AND MAINTAIN A CABLE TELEVISION SYSTEM WITHIN THE CITY OF OWASSO, OKLAHOMA; PROVIDING THAT THE GRANT OF SAID PRIVILEGE SHALL BE NONEXCLUSIVE; ESTABLISHING SERVICE STANDARDS; PROVIDING CONDITIONS ON THE USE OF THE PUBLIC STREETS AND RIGHTS-OF- WAY; PROVIDING FOR THE ERECTION, REMOVAL AND JOINT USE OF POLES; ESTABLISHING LIABILITY OF THE GRANTEE FOR OPERATION OF THE CABLE TELEVISION SYSTEM; PROVIDING FOR INDEMNIFICATION OF THE CITY; ESTABLISHING OPERATIONAL STANDARDS, EQUIPMENT AND CONSTRUCTION SPECIFICATIONS; PROVIDING FOR TIME OF CONSTRUCTION OF THE SYSTEM; ESTABLISHING MINIMUM SERVICES TO SUBSCRIBERS AND THE PUBLIC; PROVIDING FOR REVOCATION OF THE RIGHTS GRANTED HEREUNDER; ESTABLISHING AFRANCHISE TAX OR PERMIT FEE SETTING FORTH MISCELLANEOUS PROVISIONS; AND PROVIDING FOR FORMAL ACCEPTANCE OF THE RIGHTS AND PRIVILEGES GRANTED HEREUNDER BY THE GRANTEE AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT CROAINEn BY TOE MAYOR AND COUNCIL OF THE CITY OF OWASSO, TULSA COUNTY, OKLAHOMA: Section 1. Definitions. For the purposes of this ordinance, the following t-e-rm-s, 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 singular, and words in the singular include the plural, The word "shall" is always mandatory and is not directory. (A) City: The City of Owasso, A Municipal Corporation, located in Tulsa County, Oklahoma, in its present incorporated form or in any other reorganized, consolidated or changed form. (B) City Council: The legislative body of the Ciiy-of-Owasso, or any future body constituting the legislative body of said municipality. .k (C) Grantee: The person, firm or corporation to whom or to which a permitij 2. or franchise under this ordinance is granted by the City Council, and the lawful successor or assignee of said person, firm or corporation. (D) Street: The surface of and the space above and below any public street, road, highway freeway, right of way, easement, alley, court, sidewalk, parkway drive or other public property hereafter existing as such within the City. (E) Cable Television_fLvstem,: Herein- after referred to as "Cable Television'' or "System" shall mean a system of antennae, coaxial cable, wave guides or other con- ductors, equipment of facilities designed, constructed or used for the purpose of providing television, FM radio,.:. adio, or other services by cable through its facilities as herein contemplated. (F) Subscriber: Any person or entity receiving for any purpose the cable television service of the Grantee herein. (G) Franchise: Permit to a person, firm or corporation granted pursuant to a vote of the people. (H) Permit; A license or permit signifying authorization to operate a Cable Television System by a vote of the Council and without a vote of the people© Section 2. Grant of Authority: The City shall have the power to grant a permit or a franchise. The recipient of said permit or franchise shall be herein referred to as Grantee. The permit or franchise shall empower the Grantee, its successors or assigns, the right and privilege to construct, operate and maintain a Cable Television System within the City for the distribution of television signals, FM radio or other service by cable, subject to the terms, conditions and provisions contained herein. Section 3. Nonexclusive Grant. The right to use and occupy the streets, alleys, public ways and places for the purposes herein set forth shall not be exclusive, and the City reserves the right to grant a similar use of said streets, alleys, public ways and places to any person, firm or corporation at any time. - 3 A - � ooy,4446?w 835 Section 4. Rules of Grantee. The Grantee shall have the authority to promulgate such rules, regulations, terms and conditions governing the conduct of its business as shall be reasonably necessary to enable said Grantee to exercise its rights and to perform its obli- gations under this permit and to assure uninterrupted service to each and all of its customers; provided that such rules, regulations, terms and condition shall not be in conflict with the provisions hereof, the rules of the Federal Communications Commission or the laws of the State of Oklahoma. Section 5. Service Standards. The Grantee shall maintain and operate its system an render efficient service in accordance with such rules and regulations as are, or may be hereinafter promulgated by the i Federal Communications Commission. Whenever t is necessary to interrupt service for the purpose of making repairs, adjustments or installations, the Grantee shall do so at such times as will cause the least amount of inconvenience to its customers, and unless such interruption is unforeseen and immediately necessary Grantee shall give reasonable notice thereof to the customers. Section 6. Regulations by City. The Grantee in the installation of the Cable Television System shall, at all times, be subject to the terms and provisions of the ordinances of the City and to the lawful exercise of police power by the City. Section 7. Conditions on Street Use. (A) All transmission and distribution structures, lines and equipment erected by the Grantee within the City shall be located so as not to interfere with the proper use of streets, alleys and other public ways and places, and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin any of said streets, alleys or other public ways and places, and not to interfere with existing public utility installations. In all areas of the City where the cables, wires and other like facilities of public utilities are placed underground, the Grantee shall place its cables, wires or other like facilities underground to the maximum extent existing technology reasonably permits. The Grantee shall furnish to and file with the City maps, plats and permanent records of the location and character of all facilities con- struction, underground facilities struction, C) P and the same shall be maintained in a current status. (B) in case of any disturbance of pavement, sidewalk, driveway or other surfacing, the Grantee shall, at its own expense and in the manner provided by the City replace and restore all paving, sidewalk, driveway or other surface of any street or alley disturbed. (C) If at any time during the period of this permit the City shall lawfully elect to alter or change the grade or location of any street, alley or other public way, the 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 to comply with the requirements of the City. (D) 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, conduit or other fixtures placed in any street shall be so placed as to comply with the requirements of the City. $ �au,-4446FNE � '16, (E) 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 Grantee shall be given not less than 48 hours advance notice to arrange for such temporary changes,, (F) The Grantee shall have the 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 cables of the Grantee., except that at the option of the City, such trimming as may be done by it or under its supervision and direction, at the expense and liability of the Grantee. Section 8. Erection, Removal and Joint Use of Poles, (A) 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, (B) 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 City Council shall determine to be just and reasonable,, if the use would not unduly interfere with the Grantee's operation. Section 9. Rates to Subscribers. The Grantee shall be permitted to charge subscribers Lor its services those rates which are just and reasonable considering the investment by the Grantee, the number of subscribers together with the costs of operation and amortization of investment, but in all respects subject to the approval of the City Council. The rates initially established by the City Council shall be subject to adjustment by the Grantee based upon extensions and improvements in the type and quality of service offered. The Grantee may decrease the rates to subscribers at any time at its option, Grantee may increase the initial rates by filing with the City Clerk a proposed rate schedule; provided, increases shall not become effective if the City disapproves the rates proposed within 30 days after filing. In the event rate-making authority be assumed by the Corporation Commission or any like agency, then such powers of the City Council shall terminate, Rates and Charzes Schedule Char. es Basic Cable Installation .,, ....... ....... Basic Cable Additional Outlet same time and location). 7.50"1* Monthly Rates Ist Basic Cable Outlet ®z 7.45 Each Additional None Basic Cable Outlet 2.00 Home Box Office (any number of outlets) ...... 8,95 Bulk for Motel and Apartments (each unit) 400 FM Radio Home Box Office--Take ... I! (any number of outlets) ..... 1.00 4.95 Char. es Basic Cable Installation .,, ....... ....... Basic Cable Additional Outlet same time and location). 7.50"1* Basic Cable Additional Outlet (subsequently) 7.50 Basic Cable Re-location of Outlet ...... ___ ... IMO Transfer to New Address ......... IMO Re-connect 10.00 Home Box Office Installation same time as basic) .... None FM Radio Installation(same time, same room as cable),, None Home Box Office Installation (subsequently) 10.00 FM Radio Installation (subsequently) . ®. .......... 7.50 Video Tape Recorder (same time as basic cable) 5.00 Video Tape Recorder (subsequently) 15.00 Converter Deposit (refundable with interest) ......... 20a00 -3- woux 44403 PAGE 137 * Waived during initial start-up period. **Waived for one outlet during initial start-up period. Section 10. Liability of Grantee - Indemnification. It is expressly understood by and between the Grantee and the City that the Grantee shall save the City harmless from all losses sustained by the City by reason of suit, judgment, execution, claim or demand resulting from the construction, operation or maintenance by the Grantee of the Cable Television System to the City. The Grantee shall, prior to commencement of construction of the system, file with the City Clerk and at all times thereafter maintain in full force and effect for the term of such permit, 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 Oklahoma 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 the Grantee under such permit in the minimum amount of-. $ 50,000 for $200,000 for occurrence. $200,000 for $500,000 for occurrence. property damage to any one person. property damage in any one personal injury to any one person® personal injury in any one Section 11. Operational Standards. The Cable Television System shall be installed and maintained in accordance with the highest and best standards of the industry to the end that subscribers shall receive the best service pass_'ble© The systems, as installed, shalig (A) Be capable of transmitting at least 35 channels, g the entire VHF and FM spectrum and it shall have the further capability of converting UHF for distribution to subscribers on a VHF band or Super VHF band. (B) The Cable Television System electronic equipment and the construction of said Cable Television System shall conform in all respects with the standards and specifications set forth in Cable Television Systems specifica- tions of the Federal Communications Commission on file in the office of the Town Clerk. Section 12. Time of Construction. The Grantee shall commence construction of the Cable Television System within Thirty-One (31) days after a franchise is approved by a vote of the people. The Grantee shall complete construction no later than Six (6) months from the date approval of the franchise is voted. The Six month period in which to complete construction of the entire system may be extended by reason of unavailability of materials or by reason of conditions beyond the control of Grantee such as Acts of God, storm, riot, war or force majesture. Extension of the time for completion shall be granted by the City for such time as the City may deem reasonable under the circumstances. - 4 - 04446 "D Grantee shall furnish City a performance bond guaran- teeing that the construction of the system will be completed within 6 months after voter approval of the franchise. Such bond shall be in the amount of $100,000.00 or in such amount as the Council may from time to time require by reso- lution. Such system shall be deemed completed when every residence in the City of Owasso is capable of being served by the system. Section 13. Service to Subscribers. At the commen- cement of the operation of the Cable Television System in the City, Grantee shall provide to the subscribers at least the following: (A) Three network channels (Tulsa 2, 6 and 8); (3) Educational channel (Tulsa 11); (C) Two distant independent stations (Dallas, Kansas City, or other); (D) Pay channel; (E) Local weather channel; (F) Storm warnings and emergency alert system to permit local authorities to interrupt all channels for emergency warning; (G) Sports and special events channels; (H) Government channel; (I) Religious channel; Children's channel; Local Public Schools channel. Section 1`® Waiver of Installation Charges® Grantee shall waive basij installation charges for an initial period which shall extend for 30 days from date system is made available to subscriber's community. Section 15. Duration and Revocation® The rights granted by the City to the Grantee under this ordinance shall continue and remain in full force and effect for a period of 15 years from the date of issuance, unless revoked by the City. The City shall have the right at any time upon notice to Grantee to revoke any and all rights granted hereunder for violation of Bash ordinance and any other ordinances, rules or regulatios which might now or hereafter be enacted by the City. Such notice shall be in writing and shall be delivered to the Grantee at its prin- cipal office in Owasso, Oklahoma, or at such other offices of the Grantee within the State of Oklahoma as Grantee shall from time to time designate in writing to the City of Owasso by delivery of notice of such changes thereof to the City Clerk or other officer keeping the Records of the City. Upon such revocation, the Grantee shall, within a reasonable time, remove its System from the streets of the City. The notice to be given to the Grantee by the City shall give Grantee a period of 30 days to permanently correct the violation, conduct or condition which may be the subject of such notice, and the rights herein granted to Grantee shall not be revoked prior to the time of their expiration if it - 5 - ,acrj�4446n@- , ;i9 is proven to the satisfaction of the Town that the viola- tions, conduct or conditions complained of have been per- manently corrected. Nothing herein contained shall prohibit subsequent extension or renewal of such grant of authority, rights and privileges for reasonable periods, after due pro- cess and open hearings before the then constituted City Council of the City of Owasso, Oklahoma. Section 16. Assignabilit-. if the Grantee shall at any time sell or assign its rights and privileges under this ordinance and the Cable Television System located in the City of Owasso to any other person, firm or corporation, the assignment shall be in writing and a duly authenticated copy thereof shall be filed with the City Clerk, provided such assignment shall not become effective until the assignee shall have agreed in writing to become responsible for the full performance of all the conditions, liabilities, cove- nants and obligations contained in this ordinance and until such assignment shall have been approved by the City Council. Section 17. Miscellaneous Provisions. (A) The Grantee shall have no recourse against the City or its officials for any loss, costs, expenses or damages arising out of any provisions or requirements of this ordinance or its enforcement. (B) The Grantee shall not repair, maintain, sell or recommend any television or radio equipment or recommend radio and television repairmen. Any repair work done to subscribers' sets shall be performed by repairmen other than employees, directly or indirectly, employed by the Grantee. The Grantee is prohibited fro-im inducing subscribers to remove their presently installed television antennae. (C) Grantee shall maintain and operate its system in such a manner as will not interfere with the receiving of television signals by sets not attached to Grantee's system. Section 18. Franchise Tax Or Permit Fee. So long as the rights granted hereby shall continue, the Grantee shall Day to the City an annual fee in an amount equal to 3% of the gross revenue income excluding deposits on converters, collected by the Grantee from subscribers residing in the City, which fee shall be in lieu of any and all license, occupation, excise or gross receipts tax imposed by the City. The annual fee shall b payable quarterly on the first days of May, August, November and February representing the charges on the payments by subscibiers on the quarters such as january-March for the May payment� Grantee shall file with the City Clerk a complete and accurate verified state- ment of all gross service revenues collected for the appli- cable term for which the franchise tax is paid from subscribers within the City. If Grantee fails or refuses to pay such fee, the City may maintain an action against the Grantee for the aou nt of m such fee, together with a.11 expen- ses of collecting the same including a reasonable attorney's fee. The City shall have the right at all reasonable times and during reasonable business hours to inspect and to audit through its duly authorized representatives any books or - 6 - r ;J( Q 4101 wozy,A446th6 records of Grantee, its sucessors and assigns, evidencinq or recording the amount of gross service income collected from'. subscribers residing in the City, Section 19. Acceptance. Within effective date of this ordinance, the G with the City Clerk in writing its duly acceptance of this permit and the terms thereof set out herein. 10 days after the ranee shall file executed written and conditions Section 20. Severability. if any section, sentence clause or phrase of this ordinance or any part thereof is for any reason found to be invalid by a court of competent 3urisdiction, such decision shall not affect the validity of the remaining portions of this ordinance or any part thereof. PASSED AND APPROVED THIS%Nj"- DAY OF 197% Harold Charney, City Attorney - 7 - Affidavit llca io STATE OF OKLAHOMA, TULSA COUNT', ss: Bill R. 13etherford, of lawful age, being duly sworn and authorized, says that he is publisher of the weekly newspaper printed in the City of ..... _ . ... Tulsa County, Oklahoma, a newspaper qualified to publish legal notices, advertisements and publications as provided in Section 106 of 'Title 25, Oklahoma Statutes 1971 as amended, and complies with all other requirements of the laws of Oklahoma with reference to legal public- ations. That said notice, a true copy of which is attached hereto, was published in the regular edition of said news- paper during the period and time of publication and not in a supplement, on the following dates: Subscribed and sworn to before me this . �✓� .. day of �......,197.�.. .. ' Notary Public My commission expires :. ........ 7, r— PUBLISHER'S FEE