(A) In addition to the requirements of law of the state, as to contracts and agreements with municipal corporations, the franchise or license described in § 115.02 above shall be further subject to each and all of the following conditions and limitations.
(B) The acceptance of the following conditions and limitations shall be expressly included in each proposal or bid submitted.
(1) The franchisee shall commence service within 18 months after obtaining pole rights or within two years after the date of the acceptance of its bid, or whichever date and event shall come first.
(Ord. 1615, passed 8-9-1971)
(2) The franchisee shall give bond, as hereinafter prescribed, to insure that it will maintain service for a period of at least two years after the commencement of its service, as mentioned above.
(3) The franchise shall be exclusive for the purposes herein expressed for a period of two years beginning on the date service hereunder became effective.
(4) The franchise shall be and become non- exclusive for the purposes herein specified, beginning two years after the date service hereunder becomes effective and shall continue to be non-exclusive thereafter for the duration of the original term.
(5) The franchisee shall be granted the right, privilege, and authority to lease, rent, or in any other lawful manner obtain the use of towers, poles, lines, cables, and other equipment and facilities from any and all holders of public licenses and franchises within the corporate limits of the city; subject to all existing and future ordinances and regulations of the city and the state.
(6) All services of the franchisee hereunder and its poles and appurtenances thereto, its wires, lines, cables, conduits, equipment, and all attachments of equipment thereto, and the construction, erection, maintenance, and use of all its facilities shall be in accordance with the provisions of the National Electrical Safety Code prepared by the National Bureau of Standards, the National Electrical Code of National Board of Fire Underwriters, and all standards, codes, laws, ordinances, and regulations of the United States, the state, the city, and all governmental or regulatory authorities thereof, now and hereafter in effect, and those standards and specifications as may be prescribed expressly under any pole rental agreements, which standards and specifications under the pole rental agreements shall likewise apply to all poles owned or placed by it.
(7) The franchisee agrees that it will not erect new poles for its lines, unless and until the location thereof is approved in advance, by the Board of Public Works and Safety, which approval shall not be unreasonably withheld, to insure the proper utilization of the streets, alleys, and other public ways of the city and that the wires, lines, cables, poles, and appurtenances and attachments of equipment thereto, shall not interfere with, hinder, or obstruct the public use of streets, alleys, and other public places and shall not unnecessarily or unreasonably interfere with, hinder, or obstruct the use or enjoyment of private property adjacent thereto.
(8) The franchisee agrees that no underground cable or conduit shall be placed by it under any street, alley, or other public place, unless through existing utility conduits or conduits which these utilities may have the right to install, without the express written consent of the Board of Public Works and Safety obtained in advance of the installation thereof.
(Ord. 1585, passed 4-13-1970)
(9) The franchisee shall agree to provide, as a part of its television reception service, for its subscribers and customers in the city, the maximum number of channels authorized by the Federal Communication Commission, to include one channel to be reserved for local weather reporting.
(Ord. 12, 1978, passed 5-22-1978)
(10) The franchisee shall agree it shall establish, and at all times maintain, reasonable standards of service and performance to its customers as are consistent with generally accepted practices and standards in the trade and field of community television systems, and that its failure to do so may, at the option of the city or its Board of Public Works and Safety, be cause for default of the franchise hereunder and for cancellation of the franchise agreement.
(Ord. 1585, passed 4-13-1970)
(11) The franchisee shall agree to install signal distribution facilities sufficient to service any and all residences or other places of human habitation within the city, desiring to receive those services, and when the franchisee’s initial facilities become fully operative, then the franchisee agrees to furnish these services to any requesting residences, or other places of human habitation, within the city, or which may hereafter come within the city’s corporate boundaries, within a maximum of 60 days after the request therefor, in writing, is received at the franchisee’s local office.
(Ord. 1615, passed 8-9-1971)
(12) The franchisee shall agree to furnish, without charge, installation and service to a single outlet to any public or parochial school building, or any other building owned by the city, which buildings, as aforementioned, are within the corporate limits of the city and within a maximum of 300 feet of regularly installed service lines of the franchisee.
(13) The franchisee shall agree that it shall not exercise any powers or rights of eminent domain, which might inure to it as a result of this franchise, without the express written consent in advance of the Board of Public Works and Safety of the city.
(14) The franchisee shall agree that it will not, directly or indirectly through a subsidiary, sell, lease, or distribute, either at retail or wholesale, any television sets or any component parts of television receivers or other equipment or supplies appurtenant thereto, including but not limited to antennas, and further that it will not, directly or indirectly, as aforementioned, engage in the repair or maintenance of, or service, any television equipment, other than its own antennas and signal distribution system.
(15) The franchisee shall agree that it shall maintain all parts of its cable and distribution system at no charge to its subscribers and customers other than an installation charge and a regular monthly service charge and those applicable city, county, state, and federal taxes, if any, as may be required to be passed on to the customer.
(16) The franchisee shall further agree that:
(a) It shall, at all times, maintain and furnish a telephone answering service and a system maintenance service:
1. Adequate to maintain a reasonable standard of service to its patrons;
2. Adequate to investigate any complaint from any resident of the city that the franchisee’s construction, maintenance, or operation of its system is interfering with the resident’s private reception of radio or television impulses; and
3. Adequate to eliminate any interference from its system with the private reception of radio or television impulses of any resident of the city.
(b) There shall not be any requirement as to a minimum period of time a subscriber must remain a subscriber; and
(c) No deposit or payment by the subscriber, other than an authorized connection charge or authorized monthly service fee, will be required.
(17) As a part of its bid or proposal, the bidder and prospective franchisee shall furnish bonds as follows:
(Ord. 1585, passed 4-13-1970)
(a) A bond in the sum of $10,000, which bond is conditioned upon commencement of service by it within the period fixed by division (B)(1) hereof, as amended, or as extended, for good cause shown, by the Board of Public Works and Safety; the condition of this bond shall be that in the event it commences service as hereinbefore required, then and in that event, the bond shall become void; and
(Ord. 1615, passed 8-9-1971)
(b) A further and additional bond in the principal sum of $10,000, that it will operate the system for two years from the date the first service is commenced. In the event it should not operate the system for two full years for any reason other than court decree or injunctions, governmental orders, decrees, or prohibiting restrictions, strikes, fires, tornadoes, windstorms, and other acts of God, then it shall refund to any subscriber to the service the full amount of payment for connections to the system and proportionately any unearned monthly charge.
(Ord. 1585, passed 4-13-1970)
(18) Prior to beginning construction of its facilities, the franchisee shall furnish proof of insurance to the city, as follows:
(a) It shall indemnify, protect, and save harmless the city from and against losses and physical damages to property, and bodily injury or death to persons, including payments made under any worker’s compensation law, which may arise out of or be caused by the erection, maintenance, presence, use, or removal of attachments on poles, or by any act of it, its agents, or employees;
(b) It shall carry insurance to protect the city from and against all claims, demands, actions, judgments, costs, expenses, and liabilities which may arise or result directly or indirectly from or by reason of this type of loss, injury, or damage;
(c) The amounts of this insurance against liability due to physical damages to property shall not be less than $100,000 as to any one accident;
(d) The amount of this insurance against liability due to bodily injury or death of persons shall not be less than $300,000 as to any one person and not less than $500,000 aggregate as to any one accident;
(e) It shall also carry insurance as it deems necessary to protect it from all claims under the worker’s compensation laws in effect that may be applicable to it;
(f) It shall carry insurance to indemnify and save harmless the city, and all agents, officers, employees, and representatives thereof, from all claims, demands, causes of action, damages, liability, judgments, costs, and expenses, or losses at law and in equivalent to or asserted by any corporation, firm, or person, private or public, as a result of, arising out of, or connected with its franchise; and
(g) All insurance required by this agreement shall be and remain in full force and effect for the entire life of this agreement; and the policy or policies of insurance or a certified copy or copies thereof shall be approved by the Board of Public Works and Safety of the city and then deposited with and kept on file in the office of the Clerk-Treasurer of the city.
(19) The franchisee shall agree that upon its failure to perform any condition herein contained on or before 30 days after service upon it by registered or certified mail of notice of default, the city shall be entitled, at its option, by written resolution, to declare the franchise null and void, whereupon it shall be the duty of the franchisee, at its sole expense, to remove its property from the streets and other public ways of the city, but on failure to promptly perform this duty, the city reserves the right to effect this removal, whereupon the city shall acquire a specific lien against all property of the company equal to its costs and expenses thus incurred.
(20) In addition to any other requirements, the franchisee shall:
(a) Pay to the city a license fee for the franchisee of 3%, per annum, of all basic cable service revenue, which sums shall be paid in quarterly installments, to the order of the city; and
(Ord. 26, 1989, passed 11-13-1989)
(b) Maintain, on file with the Board of Public Works and Safety of the city, its current schedule of rates and charges for its basic services to subscribers, and further provided that the franchisee may file, at any time, a new or amended schedule of rates with the Board, which new or amended schedule shall automatically become effective on and after 60 days from the date of its filing with the Board, unless the Board objects, in writing, to the proposed schedule as being unreasonable or excessive, which objections shall be entered in the usual records of the Board, and upon the filing of these objections, as aforementioned, the adoption of the new or amended schedule shall be held in abeyance unless and until agreement thereof is reached by the franchisee and the Board.
(Ord. 12, 1978, passed 5-22-1978)
(21) In consideration of the bids by the prospective franchisees, as aforementioned, and in its determination of the best bid, the primary determinant of the Board of Public Works and Safety shall be the service, and extent thereof, offered by the prospective franchisee, and its proposed rate of tariffs or charges, rather than the proposed amount of income to the city itself, it being intended that the Board shall have a full and complete right, duty, and obligation to reject any and all bids without announcement of cause, if the Board is of the opinion that the acceptance of that bid is not in the best interest of the city and its inhabitants, the bidders and prospective franchisees expressly agreeing, in advance, the same being an express condition of the bids, that the Board shall have the right to refuse any and all bids, as stated.
(Ord. 1585, passed 4-13-1970)
(22) The Board of Public Works and Safety of the city shall have the authority to enter into contracts with the franchisee.
(Ord. 26, 1989, passed 11-13-1989)
(1987 Code, § 4-72) Penalty, see § 10.99