HomeMy WebLinkAbout1942 Southern OR Cable TV Franchise Repeals 1517 Repealed by 2258 v 10/4/77
ORDINANCE NO. 9 02
�� OF.DI::A":CE GR NITING TO THE SOUTHEFN OREGON BROADCASTING COiS_'�:;Y,
.:..
DOING -'USIN SS AS SOUTH-PIN OREGON CABLE TV, ITS SUCCESSC ?S AND
ASSIGNS , THE RIGHT AND ?r:iVILFG.. OF PROVTD7NG A C 0'E'.'UNITY ^1E1t.':=S "
ANI TEINNA SYSTEM ?TND TO PLACE, ERECT, LAY , i4AINTAIN AND OPERATE I:`: ,
UPOW AND UNDER THE STREETS, ALLEYS , AVENUES, THOROUGHFARES AND P 1?TIC
HIG111' :YS NITHIN T,--!E CITY OF ASHLAND, ORrGC\ , POLES , ..'I3ES AND O-r_=3
APPLIANCES AND CONDUCTORS FOR SUCH
CC, :U2:ITY TELEVISION ANTE: ?iA
SYSTr_i; ?, D REPEALING OF
DI.:Ai+CE NO. 1517.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS :
SECTION 1 . Ashland Ordinance \o. 1517 is hereby repealed .
SECTION 2 . The City does hereby approve the legal , cha_ac-
ter, financial, technical and otI_er quiff i• atio;;s o,-: :.Iie =:
and the adequacy and feasibility of the Company' s construction
arrangements as part of a full public proceeding affording due
process . There is therefore, hereby granted to the Co::pany the
right and Privilege to erect, install , constrll._t, repair , replace,
re^ons trtiCt, maintain and retain in, over, under, APOn , across
treet, public way and public place, now
and along any public s
out or dedica;:ed and all extensionsthereof and additions thereto in
the franchise area such poles, appliances, attac;.ments, and ati_er
property as may be : =pessary 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 corpora- _
tions , including , but not limited to, any public utility or ot_,cr
grantee franchised or permitted to do business in the City .
SECTION 3 . . It shall be lawful for S .O. Cable TV to make
all needful excavation in any such streets for the purpose Of plac-_
ing , erecting, laying , - and maintaining poles, or other support O=
conduit for said ;,sires or repairing or replacing the saiae . Said
wort, shall be done in compliance with the necessary rules , regula-
do-s , ordinances or orders which nob: exist O]" ]nay hOYeafter be
-1- Ordinance 'No.i
ac?or,ted dsring the continuance of this Franchise. The City reserves
th6 right to regulate and designate the location of all poles
and other facilities for the carrying of wires that will or may
be erected, installed and maintained in the City streets. The
Grantee does recognize and will comply with the City ' s excavation
ordin=ance , which limits excavation on or under newly paved streets
and is more fully set forth in Chapter 13.12 of the Ashland
Municipal Code, or as it may hereinafter be amended by the Ashlanc
City Council.
SECTION 4 . Po'henever S O Cable TV shall disturb any of
the streets for the purpose aforesaid, it or they, shall restore t:
same to good order and condition as soon as practicable without
unnecessary delay , and, .failing to so do, the City shall have the
right to mix a reasonable time within which such repairs and restor-
atioa of streets shall be completed, and, upon failure of such
repairs being made by S O Cable TV, the City shall cause such
repairs to be made at the expense of S O Cable TV. The City shall
have the. right to make reasonable regulations for the. purpose of
preventing the unnecessary use and disturban-e of the City streets ,
such as which streets may be crossed with aboveground or under-
_ ground lines, etc .
SECTION 5 . Nothing in this .ordinance shall be construed
in any way to prevent the proper authorities of the City from
severing, grading , parking, rocking , paving, repairing , altering or
improving any of the streets within the City in or upon which the
poles, wires and other conductors of said Company shall be placed ,
but all such work shall be done, if possible, so as not to obstruct
or prevent the free use of said appliances.
-2- Ordinance No. � 9Ya
SECTION 6 . S O Cable TV hereby agrees and covenants to
indemnify, defend and save harmless the City and its officers and
employees from any damage, costs and expenses arising from any
injury to persons or property by reason of negligent act or omission
of S O Cable TV, its officers or employees, in exercising the
rights and privileges herein granted. Grantee shall further main-
tain during the term of this franchise and keep in full force and
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effect a written Certificate of a responsible and solvent insurance
corporation authorized to write insurance policies in the State
of Oregon, that it has issued to Grantee a. personal liability
insurance policy with limits of One Hundred Thousand Dollars/Three
Hundred Thousand Dollars ($100, 000/$300, 000) , which will provide
for coverage of Grantee, its officers and employees, and the City
of Ashland, its officers and- employees for any act which may result
in liability from the exercise of the rights and privileges herein
granted. The Certificate shall state that it is not cancelable
nor the written coverage reducible except upon at least ten (10)
days prior written notice thereof to the Gr:::itee and to the City
Recorder . In the event such notice is given to. the City Recorder
and the policy not reinstated or replaced with like coverage within
the ten day period, then at the expiration of said ten day period
this franchise shall be subject to termination as hereinafter pro-
vided in Section 17 •
S O Cable TV will require . its contracting parties to meet
the requirements of this Section with respect to insurance coverage
for the City when wort: is being done within the City so that the
City , its officers and e_ployees :ill be fully protected by insur-
ance coverage .
-3- Ordinance No. / 9�a
SECTION 7 . Whenever it becomes necessary to temporarily
rearrange, remove, lower or raise the aerial cables or wires or
other apparatus of S 0 Cable TV to permit the passage of any
building, machinery or other object, S 0 Cable TV will perform such
rearrangement on .seven (7) days written notice from the person
or persons desiring to move said building, machinery or other
objects. Said notice shall bear the approval of such official as
the Co_mncn C-01ncil may designate , shall detail • the route of move-
ment of the building , machinery or other object's; and the cost
incurred by S O Cable TV in making such arrangement of its aerial
plant will be borne by the person or persons making the request.
SECTION 8 . At the time service is connected or reconnected,
Grantee shall provide an antenna switch if requested by the sub-
scriber which will allow the subscriber to switch off the cable and
receive local "on-air" channels, provided Grantee charges a reason-
able fee for the cost of the switch and installation with no
continuing periodic charges . If installed wiile Grantee is at
the .premises for other purposes , then the cost for installing the
switch will not include any ti,.,e other than that used for the
actual installation of the switch and the actual cost of the switch
itself.
SECTION 9 . In consideration of the rights , privileges
and franchise hereby granted , S 0 Cable TV shall pay to the City,
annually three (3%) percent of the gross local service receipts of
S O Cable TV from the basic operation of the community television
-A- Ordinance No .
antenna system located within the corporate limits of the City .
Gross revenues shall not include any fees received for advertising
by S O Cable TV. Said franchise fee shall be paid quarterly at
the close of each quarter during each year during the term hereon
I
and to be paid in an amount equal to three percent Q%) of the
gross receipts during said quarter . It is recognized that said
quarterly payments shall. be unaudited and it is agreed that if the
annual audit discloses that the quarterly payments are in error then
such error shall be adjusted out of the next quarterly pay::,ent by
either a deduction from the payment from Grantee or by the Grantee
paying the amount deficient.
On or before. the 15th day of .May of each year S O Cable TV
shall file with the City a sworn statement of gross local service
receipts for the preceeding calendar year and at said t-i-. e shall
make payment to the City as above stated . The City will not levy
any other license, privilege or occupation tax or fee for revenue
or reculation_ excepting ad valorem property taxes uniformly
assessed during the term of this franchise and license , privilege
or occupation. taxes levied uniformly on all businesses of the City
of Ashland ; however, Cable TV shall be given a credit toward the
payment of such license, privilege or occupation tax for the
amount paid to the City as a franchise fee for the same period
of time.
All books and recotds of S O Cable TV relative to said matters
shall be open to inspection by the City or its duly authorized
agents at all reasonable times within the City.
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SECTI Ole 10 . The riehts , p_i•.=ileces and rranch; se herein z
.• G]"critC'd s:.d1l COntlnti2 and be -in r n i0"Ce ,t Or 2 n2r10d. of
seven (7) _
years from and after July 1 , 1577-
. i
S1=10N.' 11 . Upon termination of this franchi.se or any re-
r ..
i7 x\:21 th e_r 2Gi , a she City ' s election, $ Cable TV cnall SE10v°-
anj' anc all wires , poles Or ot-7er fa C111ties alaceG abovecrou'nd ,
and any ZGoveground of u_n(3erGr O'un(3 iaC211t12s of S 0 Cable -T'\' not
Z E+: OVC_C iiit _i. o e i:'a.1=?Cr°_d e1G77ty (18p0) da-:'s will be Lfle j_T0 e-Zj'
Gi tb2 C_tIV .
S£CTJON 17 Service 710licies :
TsolcteC S-_�DSCr1be=S -
1,) Grantee STi21i ex:leno Cable teleV1Si0n Ser%__ C25 LO any
SsolateC res_GePCe at the stc-eC_rd rate if
(1) The
(2) The S 3v_C2 CG..3eC'iGn t0 L'le 1sc_lat2C resi62i)Ce
\+OUIC r2Clilre no .,o, e i an a si.an.^a_TC lone In PO 2C: (1$$)
foot aerial croo line.
B) Grantee " hall ex'.end Cable televusion services t0 any
isolated residence requiring more than a standard one huh-
. O'red (100) foot aerial 61"o0 line al. a prea!1_i1° 1�s'a11at10n
e
rcie if s-och Serv1C2S ',ave been SeCU2s'ed by. th° -resl ^ent . -
The D! i-1:1i 'L•:. -'1,'_Stcllation Y2t2 C-•_Yc2C shall be Lhe aCLUal -
COs" !-Oz "he (31staance Gnc ;a•!)C=2G' (100) ie2t - -
Grar•t,-e ..,a\v 7eGUest ac:-._a D. ce Da.^:e]li for sUCh installation -
or i:15 1nC Deve10_ ;er:CS - Over'n_-ad Ca---
)S� Grantee Gllcli e?:"E:'G' C?_.712 t°1 _V?S] OT: S_°r\%ices t0 a=)v
existing development or group of residences at the standard
rate if:
(1) The existing development or group of residences
to be served has a density of at least eighty (80)
residences per strand mile or trunk line cable instal-
led, and
(2) Fifty percent (50%) of the residences within the
development or group of residences 'contract to be
served and the line extension meets ,ne criteria of
forty (40) subscribers per strand mile or ratio thereof
from the point of beginning .
B)
Any development or group of residences not meeting any
or all of the .above requirements may be served at Grantee ' s
discretion.
III System Expansion , New or Existing Underground Developments
A) Grantee may, if given reasonable notice, in any case
not less than twenty-four (24) hours, by the City of a
ditch being open , extend energized or unenergized cable or
conduit, at the option of Grantee , to all new residential
developments as they are constructed . Costs of trenching ,
if not provided by the subdivider , and costs of conduit,
pedestals and/or vaults and laterals as well as easements
therefor, required to bring service to the development,
shall be borne by the developer and lando,.aner . All install-
ations and construction by the developer and/or landowner
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shall be to the specifications of the Grantee. Grantee
need not provide cable television services to such a
development until forty percent (400) of the residential
duelling units to be served have agreed to subscribe to
receive cable service.
IV System Expansion Limitation -
A) Upon petition by the Grantee, the Council may defer
or indefinitely suspend any expansion required by this
ordinance after a showing by Grantee that such expansion
would cause unreasonable financial hardship to Grantee .
Any such Council decision shall be made by the Council
after a public hearing. The City Recorder shall publish
a notice of any such hearing , setting forth a time and
place when and where any persons having any interest
y .
therein may appear- before the Council and be heard at
least. ten (10) days prior to the hearing in a newspaper
of general cir-:ulation within the City- . The City Recorder
shall also cause a copy of such notice to be mailed to
Grantee at least ten (10) days prior to the hearing .
V °Undergroundina of System -
For any system. expansion in existing developments the
Grantee shall place the cable system underground in
localities where both telephone and power lines are
underground . For existing facilities, Grantee shall
replace aerial facilities with underground facilities
concurrently and in cooperation with similar programs
-8- Ordinance No.
of the telephone and power utilities. At no time
shall the cable system be the only aerial facility.
where undergrounding is required, the Grantee shall
,1
have the option of sharing or not sharing utility
trenches. .
SECTION 13 . Operational Standards: S O Cable TV will
abide by all rules and regulations of the Federal C07,munications
Commission, both existing and as adopted in the future .
SECTION 14 . Should a resident of Ashland have an unresolved
complaint regarding Cable TV he shall be entitled to file his
written complaint with the City. Administrator , who has primary respon-
sibility , which he may delegate, for the continuing administration
of the franchise and the procedures for resolving complaints , and
therea "-er to ,dept �Oint1`-� v.ith a. representative Of file i07nJany
within thirty (30) days to fully discuss and resolve such matters .
The Company shall notify each subscriber at the time of initial
subscription to the service of the Company, of the procedures of
reporting and resolving complaints .
SECTION 15. Federal Regulation: Any lawful modification
resulting from amendment of Section 76. 31 ("Franchise Standards" )
of the Rules and Rea ulations of the Federal Communications Coal-
mission shall be incorporated into this franchise as of the date
such modifications become obligatory under FCC regulations , or in
the event no obligatory date is established , within one (1) year
of adoption or at the time of franchise renewal, whichever occurs
i
first.
-9- Ordinance
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� .. SECTION 16 . The Grantee has filed with the office of the
City Administrator and accurate Plat of all portions of its main
distribution system that are located on the streets and alleys of the
City of Ashland and the Grantee shall keep and maintain said Plats in
a current condition annually, in order that at all times the City of
Ashland shall be fully advised as to the location of Grantee' s dis-
tribution system on said streets or alleys.
SECTION 17. S O Cable TV operates a valley-wide distribution
system and presently has uniform rates throughout the area. Any rate
change which affects a higher rate in the City of Ashland than the
average rate structure then in effect for all other areas of Jackson
County, will not be effective until after thirty (30) days written
notice of the proposed rate change to the City of Ashland. `If no
action is taken by the City within said thirty (30) days, the rate
will automatically go into effect at the end of the thirty (30) day
period. However, the City of Ashland shall have the right within
the thirty (30) day period to give notice that it will require S O
Cable TV to justify such rate increase and its being greater than
the average rate structure for the rest of the area. The rate
increase will not then go into effect until approved by the City of
Ashland. The justification shall be based upon a rate which will
produce a net- profit from the operation of the system within the
City of Ashland for a reasonable return on the investment of S O
Cable TV within the City of Ashland, and the portion of the system
outside the City of Ashland attributable within the City, together
with a reasonable remuneration for their managerial services .
However, any rate change which does not cause subscribers within
the City of Ashland to pay more than the average of subscribers outside
the City of Ashland shall not be subject to approval or review by the
City of Ashland.
-10- Ordinance No. y
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SECTION 18 . I£ the Grantee defaults in any provisions of this
franchise and fails to correct such default within sixty (60) days
of written notice to it by the City of Ashland, then this franchise
may be terminated at the end of said sixty (60) day period.
SECTION 19 . Said franchise and privilege shall be granted upon
each of the provisions and conditions herein contained and in
consideration of a promise of the Grantee to keep and observe each
of said provisions and conditions herein expressed to be kept and
observed by it and in acceptance of said franchise and privilege
and Grantee does agree to keep aid observe each of said conditions
and provisions.
The foregoing Ordinance was first read at a meeting of the
Common Council held on the day of je'6;:Y � , 1977, and
passed to its second reading, and duly adopted on the day of
1977, the vote being as follows :
Ayes :— Nays : Q
Dated this j!day of n 1977.
APPROV
MA R
ATTEST:
CITY RECORDER
Accepted this day of yj ,�,r{„ 1977.
SOUTHERN OREGON BROADCASTING COMPANY
dba Southern Oregon Cable TV
By
Director of Operations
-11- Ordinance No. 15;�A