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8737 Cable FranchiseORDINANCE NUMBER 8737 (First Published in The Salina Journal , 1979) 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 Governing Body 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. Systems, 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 of the franchise hereby granted. the Grantee for the furnishing of community antennae and closed-circuit electronic service within the City and environs thereof during the continuance of the franchise hereby granted. Section 2. Any pavement, sidewalks, or curbing taken up or any and all excavations made by the Grantee shall be done under the supervision and direction of the Governing Body 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 electric 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. 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 6. 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 7. 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, all trimming to be done under the supervision and direction of the City and at the expense of the Grantee. Section 8. 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. 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 11. 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 9. 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 10. 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, on or before the lst 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 (3%) of the gross receipts from the sale of community antennae and closed-circuit electronic service within the then existing corporate 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 cornsumption, 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 11. 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 12. 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, provided Grantee's operation has been satisfactory. Section 13. It shall be the policy of the City to amend this franchise 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, efficientl 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 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 14. 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 lst 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 15. Grantee shall assume all costs incurred by the City for publication of this ordinance. Section 16. Ordinance Number 8544 is hereby repealed as of the effective date of this ordinance. Section 17. 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 18. This franchise herein granted shall be subject to the applicable provisions of K.S.A. 12-2006-14. Section 19. 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. First Reading August 20, 1979 Second Reading: August 27, 1979 Third Reading: September 10, 1979 (SEAL) Attest: 1 D. L. Harrison, City Clerk LJ Karen M. Graves, Mayor