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HomeMy WebLinkAboutOrdinance No. 587I k 0 0 l ORDINANCE NO. 587 BEING AN ORDINANCE APPERTAINING TO COMMUNITY ANTENNA AND CLOSED-CIRCUIT TELEVISION AND ELECTRONIC SYSTEM WITHIN THE CITY OF LAUREL, MONTANA, AND TO THE USE AND OCCUPATION OF THE STREETS, ALLEYS AND OTHER PUBLIC PLACES OF THE SAID CITY FOR SUCH PURPOSES; PROVIDING FOR THE REGULATION OF SUCH SERVICE, FOR PAYMENT TO THE CITY THEREFOR, PROVIDING FOR THE LICENSING THEREOF AND THE TERMINATION OF SUCH LICENSE; FURTHER PROVIDING FOR A PERFORMANCE BOND, LIA- BILITY BOND. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAUREL, MONTANA: S??s 6 r6 n Granting of License. That upon application as provided by the City Clerk of the City of Laurel, Montana, a non-exclusive license may be granted to a successful applicant, after a review of such application by a committee of the Council as a whole and by a resolution of the City Council, and to the said applicant's successors, lessees and assigns as hereinafter provided, for a term of 20 years, to establish, construct, acquire, maintain and operate a community antenna and closed- circuit electronic system within the City of Laurel, Montana (hereinafter called the "City"), to render, furnish and sell community antenna and closed-circuit television and other electronic service from such system to the inhabitants of the City, and to use and occupy the streets and other public places within the corporate limits of the City, as such ways, places and limits now exist or may hereafter exist, for a community antenna and closed-circuit television and other 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, utility easements and other places of the City, all towers, poles, cables, amplifiers, conduits and other facilities owned, leased, or otherwise used by the licensee for the furnishing of the community antenna and closed-circuit television and other electronic service within the City during the term of said license. 10) - .5' The right to use and occupy said 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 qualified person or persons at any time, Beefien?__ Use .ot Pole Facilities. (a) The licensees shall, whenever possible, make attachments to po es already in existence within the City. Licensee shall have the right to erect and maintain its own poles as necessary for the operation of its system. Said attachments and construc- tions shall comply with all qualifications and requirements of the City Code. . (b) Licensees shall have the right, authority and power to attach any of its system's facilities to any poles, towers or other facilities owned by the City in accordance with the City Code. (c) Licensees shall keep complete plats and records accurately indicating the location of its facilities located within the public ways of the City, and keep a copy of said plat thereof on file in the office of the City Engineer. -1- A Sectiar- Other Conditions. (a) Issea ---The construction, main- tenance, use and removal of all structures, lines and equipment of the licensees shall comply with the Code of the City, and to cause minimum interference with abutting private property or public use of any streets, alleys, avenues, parkways, lanes, bridges, or other public ways and places. (b) iestoratioFr-or- elocati[on. Licensees shall, in the event of restoration or relocation of any of its said facilities, at their own expense, restore any City property disturbed to its original condition. If at any time during the period of said license, the City shall lawfully alter or change any public way, the licensees, upon reasonable notice by the City, shall at their own expense, relocate any applicable facilities. 5, : CJ . C Transfer of License. A license granted here- under is transferrable upon application, and after approval by the City Council, which approval shall be given except for good cause shown, after hearing, that the proposed transferee is a person of such character, or that under the pro- posed transferee's management, the business which is licensed will be operated in such a manner as to be a menace to the public health, peace, morals or general welfare of the City. . Section-,S-.- Multi-Channel System and Service. The licensees shall install a cable system, capable of carrying video and audio signals of highest quality, designed for color transmission. (a) Licensees shall agree to furnish service to any place not isolated from concentrated dwellings and located within the corporate limits of said City as the name exists from time to time, and as good business practices dictate. L. P.J10 at licensees shall not be required to make any extensions for the purpose of providing services when any of the following con- ditions exist: (1) Where service is not desired by at least one customer in the area. (2) Where the extension will require the installation of more than three hundreds feet of cable for each potential customer to be served if an amplifier is not required. (3) Where the poles of public utilities companies fail to conform to the requirements of the National Electric Safety Code with respect to spacing of attachments prior to addition of licensee's cable. S 5 2 ° During the existence of any of the conditions as set forth in Sections-r W above, the licensees may render service to customers under a special contract predicated on charges mutually agreeable. (b) Licensees shall provide a television signal that will produce in a properly operating television set a dependable and clear picture of high quality relatively free from channel interference, as well as satisfactory sound accompaniment thereto. (c) Licensees shall provide FM radio signals that will provide in such television set or FM radio set, clear, static-free reception. (d) Licenses shall construct, maintain and operate their systems in such a manner as not to interfere in any way with any television reception (either video or audio) or radio reception by any set not connected to the system of the licensees. (e) Licesees shall provide a service with sufficient band width to permit delivery on its system of closed-circuit video andaidio signals -2- under such contracts as may be mutually agreeable to the licensee and any public or parochialschool, college or library either within or without the re- ceiving capability of home television sets. (f) Licensees are to make available to the City at least one channel and such other transmission facilities not being used commercially outside of the receivingcapability of home television sets for such use as the City deems necessary. This service shall be provided free of cost to the City, except for such connection fees for originating and receiving equipment as may be mutually agreeable to the licensees and the City. (g) Nothing in this ordinance shall be construed to mean that the licensees shall be responsible for any interruption of signal or service arising from an act of God, strikes, riots, vandalism, acts of a common enemy or for any other reason beyond the control of the licensees. When- ever it is necessary to shut off or interrupt service for the purpose of making repairs, adjustments or installations, the licensees shall do so at such time as will cause the least inconvenience to its customers, and, unless such in- terruption is unforseen and immediately necessary, it shall give reasonable notice thereof to its customers. -Se rte-6. LlutalillAy axlu ijiamiiLy t,a67erage-.-(a) Licensees shall provide to the City, naming the City as named insured, and to keep and maintain in full force and effect at all times during the term of any license granted hereunder, sufficient liability insurance coverage to protect the City against any claims, suits, judgments, executions or demands, by reason of the operation of the licensed business, in a sum not less than $100, 000.00 per person in any one claim, $300, 000.00 as to any one accident or occur- rence, and not less than $100, 000. 00 for property damage as to any one accident or occurrence. (b) Licensees shall deposit any additional bonds as required by the ZWui? City Code. ?- d cr) Comp Rance w A-- livable Laws, aftd-Eh-tr}suanr s. 1 Licensees shall, at all times during the life of any license granted hereunder, be subject to all lawful exercise of the governmental and police powers of the City and to all applicable laws and ordinances. The City reserves the right of reasonable regulation of the erection, construction or installation of any facilities by any licensees and to reasonably designate where such facilities are to be placed within the public ways and places. &-ttxvn--&- -Payment to City. In consideration for the rights, privileges and services granted under a license hereunder and as compensation to the City for the use of its public ways and places by the licensees, and in lieu of all occupation and license taxes, the licensee shall, on or before the 15th day of January of each year, pay to the City the sum of $100. 00 each and every year of the 20-year term of the license. Should the license come into effect after July 1 of any given year, the license fee shall be in the sum of $50.00 for that year, and $100.00 for each year thereafter. The City reserves the right to review and modify said license fee from time to time, _ s 'ZvfgD S"tion-R.- Procedure Upon Termination. When the license term expires, or the license is terminated for any other reason, licensees shall, at their own expense, remove all facilities located on public ways, leaving the said public ways in a safe condition, to conform to the existing con- dition of said public ways. -3- Section 10. Sepaarabilit . If any section, sub-section, !:sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion .shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. Section 11. Ordinance Repealed. All ordinances and parts of ordinances in conflict with provisions of this ordinance, are hereby amended or repealed accordingly. y Section 12. Effective Date. This ordinance shall be in full force and effect 30 days from passage and approval. Passed by the City Council of the City of Laurel and approved by the Mayor this day of 1969. APPROVED: ATTEST: Mayor City Clerk -4-