80-8775 Cable Franchise(First Published in The Salina Journal ig80)
AN ORDINANCE OF THE CITY OF SALINA, KANSAS, GRANTING TO SALINA CABLE
T.V. SYSTEM, INC., A CORPORATION, ITS SUCCESSORS, LESSEES AND ASSIGNS, FOR A
TERM OF FIFTEEN (15) YEARS, THE RIGHT, AUTHORITY, POWER AND FRANCHISE TO
ESTABLISH, CONSTRUCT, ACQUIRE, MAINTAIN AND OPERATE A COMMUNITY ANTENNAE AND
CLOSED-CIRCUIT ELECTRONIC SYSTEM WITHIN THE CITY OF SALINA, KANSAS, TO RENDER,
FURNISH AND SELL COMMUNITY ANTENNAE AND CLOSED-CIRCUIT ELECTRONIC SERVICE
THEREFROM WITHIN THE CITY OF SALINA, KANSAS, AND ENVIRONS THEREOF, AND TO USE
AND OCCUPY THE STREETS AND OTHER PUBLIC PLACES OF THE CITY OF SALINA, KANSAS,
FOR SUCH COMMUNITY ANTENNAE AND CLOSED-CIRCUIT ELECTRONIC SYSTEM; AND REPEALING
ORDINANCE NUMBER 8544.
BE IT ORDAINED by the Board of Commissioners of the City of Salina,
Kansas:
Section 1. After public hearings affording an opportunity to be heard
to all interested parties, and after a review of the qualifications of Salina
Cable T.V. System, Inc., and after determining that Salina Cable T.V. System,
Inc., is legally qualified, of good moral character and reputation, adequately
financed and technically competent to provide community antennae television
service to the City of Salina, there is hereby granted to SALINA CABLE T.V.
SYSTEM, INC., a corporation, duly authorized to do business in the State of
Kansas (hereinafter called the "Grantee"), and to the Grantee's successors,
lessees, and assigns, pursuant to K.S.A. 12-2006-14 for the full term of fifteen
(15) years from the date hereof, the non-exclusive right, authority, power and
franchise to establish, construct, acquire, maintain and operate a community
antennae and closed-circuit electronic system within the City of Salina, Kansas,
(hereinafter called the "City''), to render, furnish, and sell community antennae
and closed-circuit electronic service from such system to the inhabitants of the
City and its environs, and to use and occupy the streets and other public places
within the corporate limits of the City as the same now exist or may hereafter
exist for its community antennae and closed-circuit electronic system, including
the right to enter and construct, erect, locate, relocate, repair and rebuild
in, on, under, along, over and across the streets, alleys, avenues, parkways,
lanes, bridges and other public places of the City, all towers, poles, cables,
amplifiers, conduits, and other facilities owned, leased or otherwise used by
the Grantee for the furnishing of community antennae and closed-circuit electronic
ervice within the City and environs thereof during the continuance of the
ranchise hereby granted.
Section 2. Any pavement, sidewalks, or curbing taken up or any and
all execavations made by the Grantee shall be done under the supervision and
direction of the Board of Commissioners of the City under permits issued for
work by the proper officials of the City and shall be made and done in such
manner as to give the least inconvenience to the inhabitants of the City and the
public generally, and all such pavements, sidewalks, curbing and excavations
shall be replaced and repaired in as good condition as before, with all convenient
speed, by and at the expense of the Grantee, which shall at all times make and
keep full and complete plats, maps and records showing the exact location of its
facilities located within the public ways of the City. The Grantee shall not
place poles or other fixtures where the same will interfere with any gas,
electric or telephone fixtures, water hydrants or mains, and all such poles or
other fixtures placed in any street shall be placed at the outer edge of the
sidewalk and inside the curb line, and those placed in alleys shall be placed
close to the line of the lot abutting on said alley, and then in such a manner
as not to interfere with the usual travel on said streets, alleys and public
ways.
Section 3. 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, including legal fees incurred, resulting from negligence on
the part of the Grantee in the construction, operation, or maintenance of its
electronic system in the City. The City shall notify the Grantee's representative
in the City within thirty (30) days after the presentation of any claims or
demand, either by suit or otherwise, made against the City on account of any
negligence as aforesaid on the part of the Grantee. The Grantee will file with
the City Clerk proof of liability insurance in such amounts as directed by the
City and will provide thirty (30) days notice to the City of cancellation of the
insurance policy.
Section 4. The Grantee shall have the authority to promulgate such
rules, regulations, terms and conditions of its business as shall be reasonably
necessary to enable the Grantee to exercise its rights and perform its services
under this franchise and to assure an uninterrupted service to each and all of
its customers. The Grantee shall have the right and power to fix, charge,
collect and receive reasonable rates for community antennae and closed-circuit
electronic service furnished within the corporate limits of the City; provided
however, the Grantee shall file with the City a schedule of its proposed rates
and charges for its proposed services, which such rates and charges shall be
established as maximum rates for its services.
Section 5. Notwithstanding the authority granted to the Grantee in
Section 4, the City at all times and at its option, retains the complete responsi
bility and authority to determine the fairness and adequacy of rates established
by Grantee for providing services described herein and, further, that said
determination of said rates includes specifically the authority to modify the
rates unilaterally established by the Grantee. Furthermore, all costs of the
City and Grantee related to regulation, including but not limited to engineering,
accounting, economical and legal expenses, shall be borne by the Grantee; provide
that the Grantee shall be permitted to recover said rates' expenses in the rates
established.
Section 6. The City reserves the right of reasonable regulation of
the erection, construction or installation of any facilities by the Grantee and
to reasonably designate where such facilities are to be placed within the public
ways and places.
Section 7. The Grantee shall, on the request of any person holding a
building moving permit issued by the City, temporarily raise or lower its wires
to permit the moving of buildings, The expense of such temporary removal,
raising or lowering of wires shall be paid by the person requesting the same and
the Grantee shall have the authority to require such payment in advance. The
Grantee shall be given not less than forty-eight (48) hours advance notice to
arrange for such temporary wire changes.
Section 8. The Grantee shall have the authority to trim trees upon
the overhanging streets, alleys, sidewalks and other 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.
Section g. In the event that at any time during the period of this
franchise the City shall lawfully elect to alter, or change the grade of, any
street, alley or other public way, the Grantee, upon reasonable notice by the
City, shall remove, relay, and relocate its poles, wires, cables, underground
conduits, manholes and other telephone fixtures at its own expense.
Section 10. The Grantee shall, at all times during the life of this
franchise, be subject to all lawful exercise of the police power by the City,
and to such reasonable regulation as the City shall hereafter, by resolution or
ordinance, provide.
Section 11. In consideration for the rights, privileges, and franchis
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, on or before the 1st day of January of each year pay to the City
the sum of $25 and shall on or before the last day of January and the last
day of July each year in which this franchise is effective, pay to the City a
sum equal to three percent (30) of the gross receipts from the sale of community
antennae and closed-circuit electronic service within the then existing corporat
limits of the City for the preceding six (6) month period ending on the last day
of December and the last day of June, respectively. The term "gross receipts"
as applied to sales of community antennae and closed-circuit electronic service,
as used in this section, shall include service sold for domestic or residential
consumption, and service for commercial or industrial consumption, provided
however, pursuant to the rules and regulations of the Federal Communications
Commission, there shall be excluded revenues from "ancillary" or "auxilliary"
services such as advertising, leased channels and programming supplied on a per
program or per channel charge basis, or refunds or credits made to subscribers.
Similarly, there shall not be.included service to educational institutions not
operating for profit, churches, and charitable institutions, as such users are
construed by the United States Department of Internal Revenue Service under
current revenue acts.
Section 12. The Grantee shall maintain a local business office for
the purpose of providing service hereunder and for the investigation and
resolution of all complaints regarding community antennae or closed-circuit
electronic service pursuant to procedures adopted by the City and Grantee, for
his purpose, from time to time. The City Manager, or his designee, shall have
primary responsibility for the continuing administration of this franchise and
implementation of complaint procedures, and the Grantee shall notify each
subscriber of the procedures for reporting and resolving complaints at the time
of initial subscription.
Section 13. As an inducement to Grantee to continue to improve its
systems and services offered at all times during the franchise period, the City
agrees to give Grantee a first right of refusal to renew said franchise, in
accordance with the applicable rules of the Federal Communications Commission,
radio signals which will afford it an opportunity to more effectively, efficient
or economically serve its customers, and any modifications required by the
amendment of the rules and regulations of the Federal Communications Commission
shall be incorporated into this franchise as of the date of such modifications
become obligatory under Federal Communications Commission regulations, or in the
event no obligatory date is established, within one (1) year of the adoption of
such modification or at the time of the renewal of this franchise, whichever
first occurs.
Section 15. The Grantee shall, within sixty (60) days after the
effective date of this ordinance, file in the Office of the City Engineer of
said City a map indicating and describing the exact location of all of its lines
and facilities within the City streets, alleys and public ways, including
underground cables and equipment. Grantee shall annually thereafter on or
before March 1st of each year, file with the City Engineer such maps as may be
necessary to indicate changes made in said system during the past calendar year.
provided Grantee's operation has
been
satisfactory.
Section 14. It shall
be the
policy of the City
to amend this franchis
upon application of the Grantee,
when
necessary to enable
the Grantee to take
advantage of any developments in
the
field of transmission
of television and
radio signals which will afford it an opportunity to more effectively, efficient
or economically serve its customers, and any modifications required by the
amendment of the rules and regulations of the Federal Communications Commission
shall be incorporated into this franchise as of the date of such modifications
become obligatory under Federal Communications Commission regulations, or in the
event no obligatory date is established, within one (1) year of the adoption of
such modification or at the time of the renewal of this franchise, whichever
first occurs.
Section 15. The Grantee shall, within sixty (60) days after the
effective date of this ordinance, file in the Office of the City Engineer of
said City a map indicating and describing the exact location of all of its lines
and facilities within the City streets, alleys and public ways, including
underground cables and equipment. Grantee shall annually thereafter on or
before March 1st of each year, file with the City Engineer such maps as may be
necessary to indicate changes made in said system during the past calendar year.
Section 16. Grantee shall assume all costs incurred by the City for
publication of this ordinance.
Section 17. Ordinance Number 8544 is hereby repealed as of the
effective date of this ordinance.
Section 18. All provisions of this ordinance shall be binding upon
the Grantee and all successors, lessees and assigns of the Grantee whether
expressly stated herein or not, and all the rights, authorities, powers, grants
and privileges secured by this ordinance to the Grantee shall be held to insure
to the benefit of the Grantee and all successors, lessees and assigns of the
Grantee.
Section 19. This franchise herein granted shall be subject to the
applicable provisions of K.S.A. 12-2006-14.
Section 20. This ordinance shall not take effect until published in
the official city newspaper once a week for three consecutive weeks and until
after the expiration of sixty (60) days from the date of final passage; provided
however, if a sufficient petition is filed and a referendum held on the ordinance
as provided in K.S.A. 12-2001 in which case the ordinance shall become effective
if approved by a majority of the electors voting thereon.
(SEAL)
ATTEST:
D, L. Harrison, City Clerk
First Reading: January 14, 1980
Second Reading: January 21, 1980
Third Reading: January 28, 1980
f
Karen M. Graves, Mayor